1. Registration dossier for a joint stock company
Pursuant to Article 22 of the Enterprise Law, the business owner submit a set of documents to the Business Registration Office where the head office is intended, including:
1. A written request for enterprise registration.
2. Company charter.
3. List of founding shareholders; list of shareholders being foreign investors.
4. Copies of:
a/ Legal papers of individual founding shareholders and shareholders being foreign investors, and of at-law representatives;
b/ Legal paper of the institutional shareholder, and a document appointing the authorized representative; legal papers of authorized representatives of institutional founding shareholders and shareholders being foreign investors.
For a foreign institutional shareholder, a copy of its legal paper shall be consularly legalized;
c/ The investment registration certificate, for a foreign investor as specified by the Law on Investment.
2. Registering to establish a joint-stock company
According to Article 26 of the 2020 Enterprise Law, the enterprise founder or authorized person may carry out enterprise registration with a business registration agency in any of the following ways:
2.1. Directly at the business registration agency
The person submitting the business registration dossier as prescribed in Decree 01/2021/ND-CP submits the dossier to the Business Registration Office where the enterprise has its head office.
After receiving the business registration dossier, the Business Registration Office shall issue a Receipt of receipt of the dossier to the applicant. The Business Registration Office shall issue a Business Registration Certificate within 03 working days from the date of receipt of the valid dossier.
In case the dossier is invalid or the name of the enterprise requested for registration is not in accordance with the regulations, the Business Registration Office shall notify in writing the content that needs to be amended or supplemented to the enterprise founder or enterprise within 03 working days from the date of receipt of the dossier.
2.2. Via postal service
– The applicant declares information, downloads electronic documents, signs to authenticate the business registration dossier via the electronic information network and pays the business registration fee according to the process on the national business registration information portal (https://dangkykinhdoanh.gov.vn).
– After completing the submission of the business registration dossier, the applicant will receive a Receipt of the business registration dossier via the electronic information network.
– In case the dossier meets the conditions for granting a business registration, the Business Registration Office will grant the business registration and notify the enterprise of the granting of the business registration. In case the dossier does not meet the conditions for granting a business registration, the Business Registration Office will send a notice via the electronic information network to the enterprise requesting amendments and supplements to the dossier.
2.3. Via the electronic communication network
– The applicant uses the Business Registration Account to declare information, download electronic documents and sign to authenticate the business registration dossier via the electronic information network and pay the business registration fee according to the process on the national business registration information portal (https://dangkykinhdoanh.gov.vn). In case of authorizing the implementation of business registration procedures via the electronic information network using the Business Registration Account, the authorization document must include the contact information of the authorizing person to authenticate the submission of the business registration dossier via the electronic communication network.
– After completing the submission of the registration dossier, the applicant will receive a Receipt of Business Registration Document via the electronic information network.
– The Business Registration Office shall issue a business registration certificate to the enterprise in case the dossier meets the conditions and notify the enterprise of the issuance of the business registration certificate. In case the dossier does not meet the conditions, the Business Registration Office shall send a notice via the electronic information network to the enterprise requesting amendments and supplements to the dossier.
—————————–
📞 CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Manager of TLA Law LLC, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Chairman of the Members’ Council, Ha Noi Bar Association
Email: tmle@tlalaw.vn.
-Nguyen Huong Huyen-