What is business registration via electronic information network?

Business registration via electronic information network is prescribed in Clause 1, Article 42 of Decree 01/2021/ND-CP as follows:

Registering a business via electronic information network

1. Business registration via electronic information network means the business founder or enterprise registers the business through the National Business Registration Portal. Organizations and individuals have the right to choose to use digital signatures in accordance with the law on electronic transactions or use Business Registration Accounts to register businesses via electronic information networks.

2. The business registration account specified in Clause 4, Article 26 of the Law on Enterprises is the account used to authenticate business registration documents via the electronic information network in cases where the person authorized to sign the business registration request does not use a digital signature. Business registration accounts are created by the National Business Registration Information System, issued to individuals to register businesses via the electronic information network. Individuals access the National Business Registration Portal to declare information and create a Business Registration Account. Personal information declared on the National Business Registration Portal to issue a Business Registration Account must be complete and accurate according to the information on the individual’s legal documents and must comply with the applicant’s authentication level of the National Business Registration Information System.

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Thus, according to regulations, business registration via electronic information network means that the business founder or enterprise registers the business through the National Business Registration Portal.

Organizations and individuals have the right to choose to use digital signatures in accordance with the law on electronic transactions or use Business Registration Accounts to register businesses via electronic information networks.

What is the legal value of a business registration application via electronic information network?

Business registration documents via electronic information network are specified in Clause 1, Article 43 of Decree 01/2021/ND-CP as follows:

Business registration documents via electronic information network

1. Business registration dossiers via electronic information network include data according to the provisions of this Decree and are presented in electronic document form. Business registration documents via electronic information network have the same legal value as paper business registration documents.

2. An electronic document is a document in the form of a data message created or digitized from a paper document and accurately and completely represents the content of the paper document. Electronic documents can be formatted as “.doc” or “.docx” or “.pdf”.

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Thus, according to regulations, business registration documents via electronic information network have the same legal value as paper business registration documents.

A business registration application via electronic information network is approved when it meets what requirements?

Pursuant to Clause 3, Article 43 of Decree 01/2021/ND-CP, business registration documents via electronic information network are approved when all of the following requirements are met:

(1) Have all the documents and the contents of those documents are fully declared according to regulations like paper documents and expressed in electronic document form.

The name of the electronic document must correspond to the name of the document type in the paper file.

Persons with authority to sign documents requesting business registration, members, founding shareholders, shareholders who are foreign investors or other individuals signing in business registration documents can use digital signatures to sign directly on electronic documents or sign directly on paper documents and scan (scan) paper documents according to the formats specified in Clause 2, Article 43 Decree 01/2021/ND-CP;

(2) Business registration information declared on the National Business Registration Portal must be complete and accurate according to the information in the paper file; includes information about the applicant’s phone number and email;

(3) Business registration documents via electronic information network must be authenticated by digital signature or business registration account of the person authorized to sign the business registration request or the person authorized by the person competent to sign the business registration request to carry out business registration procedures.

In case of authorization to carry out business registration procedures, along with the business registration dossier, there must be papers and documents specified in Article 12 of Decree 01/2021/ND-CP.