Joint stock company is one of the most popular types of companies in Vietnam today. With the advantage of high ability to raise capital through the issuance of shares to the public and extremely flexible capital structure, this is the type of company chosen by many people. So if you want to set up a joint stock company, what should you prepare and what to do? Our article below will answer your questions!
Conditions for establishment of joint stock company
Joint Stock Company Name
As well as other types of companies/ enterprises establishing joint stock companies, there should also be a name to distinguish as well as facilitate transactions and signing,… and other business activities.
According to Articles 37, 38, 39 and 41 of the Enterprise Law 2020, the naming of joint stock companies must ensure the correct customs and customs, as well as not be confused with other companies, and also need to have a Vietnamese, English and abbreviated joint stock company name (convenient for transactions).
Joint Stock Company Headquarters
The company’s headquarters is the location of the transaction as well as the place where the tax conditions are implemented,…
According to the Provisions of the Law on Housing 2020, apartments and collective houses are not used as company headquarters. However, some mixed-use apartments that both function to live and have functions for business can still be used as company headquarters.
Lines of business
Your joint stock company can choose to do business in any industry that Vietnamese law does not prohibit but still need to pay attention to conditional occupations, or those that are free to do business.
Charter capital of joint stock company
According to the Enterprise Law 2020, there is no regulation on the minimum charter capital of a joint stock company? Unless the client’s business lines belong to the group of business lines that require legal capital (legal capital).
Implementation procedure
Step 1: Prepare the full profile
The file contains the following documents:
- Application for enterprise registration (According to Appendix I-4 form of Circular No. 01/2021 TT-BKHDT).
- Company charter.
- List of founding shareholders; The list of shareholders is foreign investors. (According to Appendix I-7 of Circular No. 01/2021 TT-BKHDT).
- Copies of the following documents:
o Legal documents of individuals for founding shareholders and shareholders who are foreign investors who are individuals and legal representatives
o Legal papers of organizations for shareholders are organizations and written dispatches of authorized representatives; legal papers of individuals for authorized representatives of founding shareholders and shareholders who are foreign investors as organizations. (For shareholders who are foreign organizations, copies of legal papers of the organization must be consularly legalized)
o Investment registration certificates for foreign investors in accordance with the Law on Investment.
Step 2: Apply
Do this using one of two methods:
- Registering a business directly at the Business Registration Authority
- Registering enterprises via electronic information network at the National Portal on Business Registration
Competent authority: The Business Registration Department under the Department of Planning and Investment where the enterprise is headquartered.
Step 3: Receive and resolve
– In case of direct application:
+ The applicant of the enterprise registration dossier and payment of the enterprise registration fee at the Business Registration Office.
+ Upon receipt of the dossier, the Business Registration Office awards the Receipt. In case of receipt of sufficient valid dossiers, the Business Registration Office issued the Enterprise Registration Certificate.
+ In case of refusal to issue a business registration certificate, the Business Registration Office shall notify in writing.
– In case of submitting applications via electronic network:
+ The applicant shall declare the information and upload the electronic document to the National Portal on enterprise registration.
+ After completing the submission of the application, the applicant will receive the enterprise registration dossier receipt via electronic network.
+ If the dossier is valid, the Business Registration Office sends information to the tax authority to automatically create the enterprise code. After receiving the business identification number from the tax authority, the Business Registration Office issued the Enterprise Registration Certificate and notified the enterprise.
If the dossier is not valid, the Business Registration Office shall send a notice to request amendments and additions to the dossier.
Step 4: Get the results.
* Settlement time limit: 03 (three) working days, from the time of receipt of sufficient valid dossiers.
Step 5: Do other tasks.
Other jobs after the establishment of another company such as: Declaring the application fee, preparing the original tax dossier …
Above is the order, procedures and works to establish a joint stock company under the latest regulations, hoping to help you in deciding to set up a joint stock company. In addition, our company is currently supporting the company establishment service for customers quickly and conveniently. With experienced staff, enthusiastic consultants, offering the most effective solutions to customers, we believe to bring the best experience to customers.
If you have any questions, contact us immediately at (028) 3620-8140 for advice and support.
