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DOCUMENTS AND PROCEDURES FOR REGISTRATION OF ENTERPRISES CONVERTING FROM HOUSEHOLD BUSINESS DOCUMENT COMPONENTS Enterprises prepare 01 set of documents according to [...]
DOCUMENTS AND PROCEDURES FOR BUSINESS REGISTRATION
CONVERSION FROM HOUSEHOLD BUSINESS
The enterprise prepares 01 set of documents according to the provisions of Enterprise Law No. 59/2020/QH14 dated June 17, 2020; Article 27 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 | Documents specified in Articles 21, 22, 23 and 24 of Decree 01/2021/ND-CP corresponding to each type of enterprise, which does not include the Investment Registration Certificate | |
| 2 | Original copy of business household registration certificate | |
| 3 | Copy of Tax Registration Certificate | |
| 4 | In case an enterprise is converted from a business household with a foreign investor or an economic organization with foreign investment capital participating in capital contribution, stock purchase, or capital contribution purchase in the case of having to carry out the procedures for registering capital contribution, stock purchase, and capital contribution purchase according to the provisions of the Investment Law, the application must have a document from the Investment Registration Authority approving the capital contribution, stock purchase, and capital contribution purchase of the foreign investor or economic organization. foreign investment. |
* Registration of establishing an enterprise on the basis of conversion from a business household is carried out at the Business Registration Office where the enterprise intends to have its headquarters
* Individual legal documents (specified in Article 11 of Decree No. 01/2021/ND-CP):
– Vietnamese citizens: ID 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 electronically: The business founder or authorized person uses the Public Digital Signature or Business Registration Account to register the 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 sends information to the tax authority to create a business code. After receiving the business code from the tax authority, the Business Registration Office notifies the business electronically about the issuance of the 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: The business founder or authorized person receives results at the Department 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:
– 50,000 enterprise registration fee and 100,000 enterprise information provision fee (Exemption from enterprise registration fee in case of electronic enterprise registration; exemption of enterprise registration fee and fee for providing enterprise information for the first time for small and medium-sized enterprises converting from business households - according to the provisions of Circular No. 47/2019/TT-BTC dated August 5, 2019).