DOCUMENTS AND PROCEDURES FOR BUSINESS REGISTRATION FOR CREDIT INSTITUTIONS, FOREIGN BANK BRANCHES, REPRESENTATIVE OFFICES OF CREDIT ORGANIZATIONS [...]
DOCUMENTS AND ORDER OF BUSINESS REGISTRATION PROCEDURES
FOR CREDIT INSTITUTIONS, FOREIGN BANK BRANCHES, REPRESENTATIVE OFFICE OF FOREIGN CREDIT INSTITUTIONS, OTHER FOREIGN ORGANIZATIONS WITH BANKING ACTIVITIES
The enterprise prepares 01 set of documents according to the provisions of Enterprise Law No. 59/2020/QH14 dated June 17, 2020; Article 29 of Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government, the form is prescribed in Circular No. 01/2021/TT-BKHDT dated March 16, 2021 of the Ministry of Planning and Investment, specifically:
| 1 | Enterprise registration for credit institutions, branches, representative offices, and business locations of credit institutions | Clause 1 Article 29 Decree 01/2021/ND-CP |
| a | Documents specified in Decree 01/2021/ND-CP according to corresponding type | |
| b | Copy of license/approval document issued by the State Bank of Vietnam | |
| 2 | Students register to operate, register to change the content of operating registration for foreign bank branches, representative offices of foreign credit institutions, and other foreign organizations with banking activities | Clause 2 Article 29 Decree 01/2021/ND-CP |
| a | Corresponding students as prescribed in Points a and c Clause 1 Article 31 and Clause 2 Article 62 Decree 01/2021/ND-CP | |
| b | Copy of license/approval document issued by the State Bank of Vietnam | |
| 3 | Students register to dissolve credit institutions, terminate operations of foreign bank branches, representative offices of foreign credit institutions, and other foreign organizations | Clause 3 Article 29 Decree 01/2021/ND-CP |
| – | Follow the provisions in Clause 5, Article 70 and Clause 3, Article 72 of Decree 01/2021/ND-CP | |
| * | Within 07 working days from the effective date of the decision to revoke the license, credit institutions, foreign bank branches, representative offices of foreign credit institutions, and other foreign organizations with banking activities shall send a notice of enterprise dissolution, termination of branch and representative office operations to the Business Registration Office where the credit institution, branch or representative office is located. The notice must be accompanied by a copy of the decision to terminate the liquidation and the decision to revoke the license of the State Bank of Vietnam in case of dissolution of the credit institution or foreign bank branch; copy of the decision to revoke the license in case of termination of operation of the organization's representative officeforeign credits, other foreign organizations with banking activities. | Clause 3 Article 29 Decree 01/2021/ND-CP |
| * | In case the State Bank of Vietnam appoints a representative of a specially controlled credit institution, the registration dossier to change the legal representative shall comply with the provisions of Article 50 of this Decree. In particular, resolutions and decisions of the company owner for one-member limited liability companies; resolutions, decisions and copies of minutes of meetings of the Board of Members for limited liability companies with two or more members; Resolutions and copies of minutes of meetings of the General Meeting of Shareholders or resolutions, decisions and copies of minutes of meetings of the Board of Directors for joint stock companies are replaced by a copy of the decision of the State Bank of Vietnam on appointing a replacement for the Chairman of the Board of Directors or Chairman of the Board of Directors.Chairman of the Board of Members or General Director (Director) of the credit institution. | Clause 4 Article 29 Decree 01/2021/ND-CP |
| * | In case the State Bank of Vietnam directly performs or appoints another credit institution to contribute capital or purchase shares of a specially controlled credit institution according to the decision of the Prime Minister or the State Bank of Vietnam, the registration dossier to change the business registration content shall comply with the corresponding regulations in this Decree, in which, the resolution and decision of the company owner for a single-member limited liability company pellets; resolutions, decisions and copies of minutes of meetings of the Board of Members for limited liability companies with two or more members; resolutions and copies of minutes of meetings of the General Meeting of Shareholders or resolutions, decisions and copies of minutes of meetings of the Board of Directors forwith a joint stock company and the transfer contract or documents proving completion of the transfer are replaced by a copy of the decision of the Prime Minister or the State Bank of Vietnam. | Clause 5 Article 29 Decree 01/2021/ND-CP |
* Individual legal documents (specified in Article 11 of Decree No. 01/2021/ND-CP):
– Vietnamese citizens: Identity card/Citizen identification card., valid passport
– Foreigners: Valid passport
* Documents in foreign languages must be accompanied by notarized Vietnamese translations (stipulated in Article 10 of Decree No. 01/2021/ND-CP)
* In case the person competent to sign the document requesting business registration authorizes another organization or individual to carry out business registration procedures (stipulated in Article 12 of Decree No. 01/2021/ND-CP), the application must be submitted with:
– Copy of legal documents of the individual authorized person
– Authorization document for an individual to carry out procedures related to business registration (notarization or authentication is not required).
– Copy of the service provision contract with the service organization performing procedures related to business registration.
– Referral letter from that organization to the individual directly carrying out procedures related to business registration and a copy of the individual's legal documents for the referred person.
Step 1: Prepare documents according to regulations
Step 2: Submit application
To effectively apply the Government's regulations on carrying out administrative procedures in the electronic environment in Decree No. 45/2020/ND-CP dated April 8, 2020, as well as create further conditions for people and businesses, increase transparency in handling administrative procedures, save costs and time for both people, businesses and business registration agencies, Business Registration Office Encourage people and businesses to carry out business registration procedures in the electronic network environment.
– Submitting documents online: Competent person or authorized person uses Public Digital Signature or Business Registration Account to register a business electronically (stipulated in Article 42 of Decree No. 01/2021/ND-CP).
See instructions and follow instructions https://dangkyquamang.dkkd.gov.vn/
– When receiving dossiers, the Business Registration Office is responsible for reviewing and sending notices via electronic network to the enterprise to request amendments and supplements to the dossiers in case the dossiers are not valid. When the application is eligible for issuance of a Business Registration Certificate, the Business Registration Office notifies the enterprise electronically about the issuance of a Business Registration Certificate.
Step 3: Get results
After receiving notice of issuance of the Business Registration Certificate via electronic network, the business founder or authorized person receives the results.
– In case of receiving results directly: Competent person or authorized person receives results at the Department of receiving documents and returning business registration results at Hai Phong Department of Finance, No. 1 Dinh Tien Hoang, Minh Khai ward, Hong Bang district.
(When coming to receive results, the business founder or authorized person brings personal legal documents or notarized copies of personal legal documents)
– In case of receiving results via public postal service: To receive results via public postal service, the applicant must attach a Request to receive results via public postal service when submitting the application electronically. The Business Registration Office will return the results to the recipient at the address stated in the Request to Receive Results via Public Postal Service.
* Fees:
Electronic registration documents are exempt from fees according to regulations in Circular No. 130/2017/TT-BTC of the Ministry of Finance
Procedures
