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BUSINESS REGISTRATION PROCEDURES

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A.     Application file for business registration by a private enterprise:

An application for enterprise registration;

- A valid copy of any of lawful personal identification papers of the private enterprise owner specified in Article 24 of this Decree;

- Written certification of legal capital, issued by a competent agency or organization, for enterprises conducting business lines for which legal capital is required by law;

- Valid copies of practicing certificates of one or several persons as required for enterprises conducting business lines for which practicing certificates are required by law.

(Article 19 - Decree No. 43/2010/NĐ-CP dated April 15, 2010 on Business Registration)

B.     Application file for business registration by a limited liability company with two or more members, a shareholding company and a partnership:

An application for enterprise registration;

- The draft company charter, which must bear all signatures of general partners, for partnerships; of the representative at law and members or their authorized representatives; for limited liability companies with two or more members; of the representative at law and founding shareholders or their authorized representatives, for joint-stock companies. Members or founding shareholders shall take joint responsibility for the lawfulness of the company charter;

- A list of members, for limited liability companies with two or more members and partnerships; or a list of founding shareholders, for joint-stock companies, made according to the form set by the Ministry of Planning and Investment. The list of members or list of founding members shall be enclosed with the following:

                   + A valid copy of any of lawful personal identification papers specified in Article 24 of this Decree, of founding members or founding shareholders who are individuals;

                   + A copy of the establishment decision; business registration certificate or enterprise registration certificate or an equivalent document; a valid copy of any of the personal identification papers of the authorized representative as specified in Article 24 of this Decree and the relevant  authorization decision for founding members or founding shareholders that are legal entities.

                   + Written certification of legal capital, issued by a competent agency or organization, for companies conducting business lines for which legal capital is required by law;

                   + Valid copies of practicing certificates of general partners, for partnerships, of one or several individuals, for limited liability companies and joint-stock companies, in case these companies conduct business lines for which practicing certificates are required by law.

(Article 20  - Decree No. 43/2010/NĐ-CP dated April 15, 2010 on Business Registration)

C.     Application file for business registration by a one member limited liability company:

An application for enterprise registration;

- The draft company charter, which must bear all signatures of the owner and the representative at law of the company in case the company owner is an individual; authorized representatives and representative at law in case the company owner is an organization. The company owner shall take responsibility for the lawfulness of the company charter;

- A valid copy of any of personal identification papers specified in Article 24 of this Decree of the company owner who is an individual, or the establishment decision, business registration certificate, enterprise registration certificate or an equivalent document, the charter or an equivalent document of the company owner that is an organization (unless the company owner is the State);

- A list of authorized representatives, for one-member limited liability companies organized and managed under Clause 3,  Article 67 of the Law on Enterprises, made according to the form set by the Ministry of Planning and Investment. This list shall be enclosed with a valid copy of any of personal identification papers of each authorized representative as specified in Article 24 of this Decree. A valid copy of any of personal identification papers of the authorized representative as specified in Article 24 of this Decree for a one-member limited liability company organized and managed under Clause 4 Article 67 of the Law on Enterprises;

- An authorization document issued by the company owner for the authorized representative, for companies whose owners are organizations;

- Written certification of legal capital, issued by a competent agency or organization, for companies conducting business lines for which legal capital is required by law;

- Valid copies of practicing certificates of one or several individuals required for companies conducting business lines for which practicing certificates are required by law.

(Article 21  - Decree No. 43/2010/NĐ-CP dated April 15, 2010 on Business Registration)

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