Before conducting business, the enterprise must register the establishment of an enterprise in accordance with the provisions of law. This is a mandatory process and is increasingly optimized in terms of administrative procedures. Steps to register for the establishment of an enterprise are carried out according to the enterprise registration process as follows:

Establishing a business is only the first step, setting up a business creates obligations that last throughout the life of that business, so it is important to carefully study the issues related to the business when establishing it. It's worth the time you invest in it,

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The steps to register for business establishment follow the business registration process as detailed below.

I. Prepare information to register for business establishment

In order to have a complete and regulated business, it is extremely important to learn and prepare the necessary information to be recognized by the authorities. This information will create direction for the business.

Step 1: Choose the type of business

In order to have a complete and regulated business, it is extremely important to learn and prepare the necessary information to be recognized by the authorities. This information will create direction for the business.

There are different types of businesses to choose from, namely Private Enterprise, Partnership, One Member Limited Liability Company, Limited Liability Company with two or more members, and Joint Stock Company.

The following detailed article on choosing the type of business based on legal factors and practical experience will help you choose the right type of business for your needs.

Step 2: Choose a business name

The business name will be associated with the brand of the business and is the criterion for customers and partners to pay attention and find. Should choose for the business a suitable name, short, easy to remember but can create a highlight in the eyes of customers every time it is mentioned. Most importantly, the naming must not be duplicated or confused with the names of previously established companies and must be associated with the business type of the company.

Step 3: Choose head office address

The head office of the enterprise is the place where the company's operating agency is located and not necessarily the place where the company's production and business activities are conducted. 

The head office must have a defined address including House number, niche, alley, alley, street/group/hamlet/hamlet/village, Commune/ward/Town, District/District/Town/City of province, Province/City. The address must be under the lawful use of the business.

Step 4: Determine the business line of the enterprise

The business line of the enterprise is the industry or field in which the enterprise wants to establish investment, business and development strategy. Registering industries with the Department of Planning and Investment will help businesses control the scope of activities and make it easier for state agencies to manage. 

This business line will be standardized in accordance with the law on business registration. And once the business lines have been identified, it will help businesses know which industries are allowed to do business, which industries are prohibited from doing business and which industries are eligible for additional licenses and permits. appropriate funding.

Step 5: Determine charter capital level - Decide on capital contribution ratio

Charter capital is the amount of capital contributed or fully committed by the owner, members or shareholders within a certain period (not exceeding 90 days from the date of issuance of the Certificate of Business Registration) and recorded in the Enterprise Charter. 

The determination of this capital level is based on the financial capacity of the entity establishing the business and the business plan and strategy of the enterprise. However, if the enterprise does business in the lines of business that require the level of legal capital, it must register a capital equal to or greater than that level of legal capital.

Capital will be contributed by owners, members and shareholders. Therefore, it is necessary to determine how much each member and shareholder will contribute. These members and shareholders will be responsible in proportion to their capital contribution in the enterprise. 

Step 6: Choose a Legal Representative

The legal representative of the enterprise will act on behalf of the enterprise to conduct many business activities of the enterprise, playing an important role. The number of legal representatives can be one or more depending on the type of business. Enterprises can hire other people to act as legal representatives and the usual title will be Director (Or General Director).

Step 7: Choose an organizational structure

In each enterprise, there will be an organizational model and an operating structure to manage and run the business. So when registering to establish an enterprise, the first step will be to build the most basic model such as identifying members of the Board of Directors, Board of Directors, Chairman of the Board of Members, Chairman of the Board of Directors, Company President, Director or General Director…

Step 8: Prepare personal or organizational legal documents

Legal documents of individuals or organizations will determine their eligibility to participate in business and investment activities. Therefore, when registering to establish an enterprise, the Department of Planning and Investment will require personal legal documents in accordance with the provisions of the Law on Enterprises in the file. 

Need to prepare a copy of ID card/Citizen identity card/Passport/other legal personal identification papers or Establishment Decision, Business Registration Certificate, other equivalent documents for organizations of all capital contributors, founding shareholders, company owners, legal representatives of the enterprise and authorized representatives of capital contributions (if any).

II. Drafting documents

From all the information prepared, the enterprise proceeds to compile the dossier according to the prescribed forms. The documents in the application must be complete according to Decree 01/2021/ND-CP on business registration.

1. Establishment of a private enterprise

A sole proprietorship is the type of enterprise with the simplest enterprise establishment procedures compared to other types of enterprises. Although the procedure is simple, the operation process has extremely strict regulations and is subject to certain constraints. Perhaps that is why at present very few subjects choose this type of business.

a) Dossier of establishment of a private enterprise

- Application for business registration.

– Copy of legal papers of individuals for private business owners.

b) Registration form for establishment of a private enterprise

Download the registration form for establishment of a private enterprise: PL1.Registration of a Sole Proprietorship

2. Establishment of a partnership company

a) A dossier of establishment of a partnership includes:

- Application for business registration.

- Company rules.

- Members list.

– Copies of the following papers: Legal papers of individuals for company members being individuals; Legal papers of the organization for members of the company being an organization; Legal documents of the individual for the authorized representative and the document appointing the authorized representative.

b) Registration form for the establishment of a partnership company

Download the Partnership Registration Form: PL5.Registration of a Partnership

3. Establishment of a one-member limited liability company

a) Dossier of establishment of a one-member limited liability company

- Application for business registration.

- Company rules.

- Copies of the following documents:

+ Legal papers of the individual for the legal representative of the enterprise;

+ Legal papers of the individual for the company owner being an individual; Legal papers of the organization for the company owner being an organization (except for the case where the company owner is the State); Legal documents of the individual for the authorized representative and the document appointing the authorized representative.

b) Registration form for establishment of a single-member limited liability company

Download the registration form for establishment of a single-member limited liability company: PL2.Register for a 1 TV limited company

4. Establishment of a limited liability company with two or more members

a) Dossier of establishment of a limited liability company with two or more members

- Application for business registration.

- Company rules.

List of members for limited liability companies with two or more members.

- Copies of the following documents:

+ Legal papers of the individual for the legal representative of the enterprise;

+ Legal papers of individuals for company members being individuals; Legal papers of the organization for members being an organization; Legal papers of individuals for authorized representatives of members being organizations and documents of appointing authorized representatives.

b) Registration form for establishment of a limited liability company with two or more members

Download the registration form for the establishment of a limited liability company with two or more members: PL3.Register for a limited liability company with 2 TVs or more

5. Establishment of a joint stock company

a) Dossier of establishment of a joint stock company

- Application for business registration.

- Company rules.

– List of founding shareholders and list of shareholders who are foreign investors.

- Copies of the following documents:

+ Legal papers of the individual for the legal representative of the enterprise;

+ Legal papers of individuals for founding shareholders, shareholders being foreign investors are individuals; Legal papers of the organization for founding shareholders being organizations; Legal documents of the individual for the authorized representative of the founding shareholder of the organization and the document appointing the authorized representative.

b) Registration form for the establishment of a joint stock company

Download the registration form for the establishment of a joint stock company: PL4.Registration of Joint Stock Company

III. Submit business registration application

Once a complete set of documents is available, the enterprise will submit the application to the competent authority. So, where is the right place to submit the application for registration of business establishment? The enterprise will proceed to submit the application at the Business Registration Office under the Department of Planning and Investment of the province/city where the enterprise is headquartered.

1. Application form

In order to create favorable conditions for businesses, in addition to the method of going directly to the business registration office to submit the application, enterprises can also: business registration online business. This online business registration is done through the National Business Registration Portal with a digital signature or a business registration account. 

2. Fees and processing time

– This fee is divided into two types: filing fee and fee for publishing business registration content. For the application fee, when submitting directly, it will be 2 VND / 50.000 set of documents and if submitting online, the application fee is exempted. The fee for announcing the contents of business registration is 01 VND/ 100.000 set of documents.

3. Time limit for processing business registration application

The time limit for processing the application for registration of enterprise establishment is within 03 (three) working days from the date of receipt of the application. 

IV. Carry out the following procedures after establishment

Once the enterprise registration certificate has been granted, the enterprise will carry out the procedures after its establishment.

See the following article for instructions on the entire procedure to follow after setting up a business: