What are the necessary documents to establish a business?

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What are the necessary documents to establish a business?

Establishing a business is an inevitable trend in this new era. However, not everyone knows how to set up a business as well as the necessary documents and information needed to set up a business in Vietnam. So, what are the necessary documents to establish a business?

Conditions about the entity

In order to establish an enterprise, the entity establishing an enterprise must first meet the following conditions:

• Have ID card/Citizen ID/Passport;

• Have full capacity for civil acts;

• Not being prohibited to establish businesses (civil servants, public employees…);

What are the necessary documents to establish a business?

Basically, if an entity wants to set up a business, they will need the following documents:

Identification

Valid ID card/CCCD or Passport (certified copy) of the investor, capital contributors, shareholders, and legal representatives.

Registration dossier

• Business registration application form;

• Company rules;

• List of members/shareholders (LLCs with two or more members);

However, depending on the different types of businesses, the entity registering to establish a business will need other documents.

Documents for registration of establishment of a sole proprietorship

1. An application for enterprise registration.

2. Copies of legal documents of the sole proprietorship’s owner.

Documents for registration of establishment of a partnership

1. An application for enterprise registration.

2. The company’s charter.

3. List of members/partners.

4. Copies of legal papers of the partners.

5. Copies of the Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.

Documents for registration of a limited liability company

1. An application for enterprise registration.

2. The company’s charter.

3. List of members.

4. Copies of the following papers:

a) Legal documents of members who are individuals and legal representatives;

b) Legal documents of members that are organizations, documents about the designation of authorized representatives, and their legal documents; And the legalized copies of legal documents of the members that are foreign organizations;

c) The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.

Documents for registration of establishment of a joint-stock company

1. An application for enterprise registration.

2. The company’s charter.

3. List of founding shareholders; list of shareholders who are foreign investors.

4. Copies of the following papers:

a) Legal documents of founding shareholders and shareholders that are foreign investors who are individuals and legal representatives;

b) Legal documents of shareholders that are organizations, documents about the designation of authorized representatives; legal documents of authorized representatives of founding shareholders and shareholders that are foreign organizations; And Legalized copies of legal documents of the members that are foreign organizations.

c) The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.

Contents of the application for business registration

The following information shall be provided in the enterprise registration application form:

1. The enterprise’s name;

2. The enterprise’s headquarters, phone number, fax number, email address (if any);

3. The enterprise’s business lines;

4. The charter capital (or investment capital if the enterprise is a sole proprietorship);

5. Types of shares, the face value of each type, and total authorized shares of each type if the enterprise is a joint-stock company;

6. Tax registration information;

7. Expected quantity of employees;

8. Full name, signature, mailing address, nationality, and legal documents of each partner (for partnerships) or the owner (for sole proprietorships);

9. Full name, signature, mailing address, nationality, and legal documents of the legal representative (for limited liability companies and joint-stock companies).

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