File for enterprise registration by shareholding company

The person establishing an enterprise or his or her authorized representative shall submit a complete file for enterprise registration by shareholding company  to the provincial business registration office in the locality where the enterprise [proposes to] establish its head office in Vietnam.

File for enterprise registration by shareholding company in Vietnam

I. File for enterprise registration by shareholding company in Vietnam:

1.Request for enterprise registration by shareholding company (Form of Appendix  I-4 Circular 01/2013/TT-BKHĐT).
2.Draft company charter. The draft company charter must be fully signed by the legal representative and by founding shareholders or their authorized representatives. Founding shareholders shall be jointly liable for the company charter complying with law.
3. List of founding shareholders of a shareholding company on the standard form of  Appendix I-7 Circular 01/2013/TT-BKHĐT. The list of founding shareholders must be accompanied by the following:
(a) Valid copy of one of the documents for personal identification if the founding shareholder is an individual;
  a.1. Unexpired people”s identity card or passport in the case of a Vietnamese citizen in Vietnam.
  a.2. One of the following unexpired documents in the case of a Vietnamese residing overseas:
   (i) Vietnamese passport;
   (ii) Foreign passport (or a document in lieu with equivalent validity) and one of the documents proving the person of Vietnamese origin resides overseas.
  a.3. Temporary residence certification in writing issued by the competent Vietnamese body and unexpired passport in the case of a foreign individual who is permanently residing in Vietnam.
  a.4. Unexpired passport in the case of a foreign individual who is not permanently residing in Vietnam.
(b) Copy of the decision on establishment, business registration certificate, enterprise registration certificate or other equivalent document, and valid copy of one of the documents for personal
identification as stipulated in Point (a) above in the case of an authorized representative; and the corresponding decision on authorization if the founding shareholder is a legal entity.
4. Confirmation from the authorized body or organization of legal capital in the case of companies conducting lines of business subject to legal capital requirements.
5. Valid copy of the practising certificates of one or more individuals as required by the regulations applicable to limited liability companies conducting lines of business for which a practising certificate is required by law.
6. Authorization documents (if any, as guided in Section II below)
7. Contact information for the person lodging registration file.
8.  Document evidencing all fees for enterprise registration has been paid.

II. Authorization of the enterprise registration by Vietnamese shareholding company

Where the founding shareholders of enterprises, enterprise authorizes other organization, individuals (the Agent) to lodge file of business registration, to receive the results of solved business registration procedures, when receipt of and replying with the results of enterprise registration, the Business Registration Office shall request the Agent to present its identification card or passport or other personal identification papers and other legal documents as following:
1. The contract between the enterprise founding shareholders, enterprise and service provider for lodging and receiving the results of enterprise registration and the introduction letter from such service provider for the individual lodging and receiving the results of enterprise registration; or
2. Written power of attorney for individuals lodging and receiving the results of enterprise registration.

Sources:

-  Article 20 of Decree 43/2010/ND-CP dated 15 April 2010 of  Government on enterprise registration: File for enterprise registration by shareholding company
- Decree 05/2013/ND-CP dated 09 January 2013 of Government on amendment of Decree No.43/2010/ND-CP
- Circular 01/2013/TT-BKHĐT dated 21 January 2013 of Ministry of Plan and Investment providing guidance on enterprise registration, in which provides Standard Form Appendix I-4: Request for enterprise registration by shareholding company; Appendix I-7: List of founding shareholders of  a shareholding company.

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