What is a limited liability company? – Limited liability company often abbreviated as Co., Ltd. This is one of the types of common enterprises in Vietnam.
According to Clause 7, Article 4 of the Law on Enterprise 2020, limited liability companies consist of two types. These are one-member limited liability companies and limited liability companies with two or more members. Contributors can be individuals or organizations. The capital contributor who owns part or all of the company’s charter capital is called a limited partner.
Legal basis
– Vietnam’s law on enterprises 2020;
– Decree No. 01/2021/ND-CP on enterprise registration;
– Circular No. 01/2021/TT-BKHDT guidance on enterprise registration;
– Circular No. 47/2019/TT-BTC on amounts, collection, payment, management, and use of fees for providing information about enterprises, charges for business registration.
Procedures for establishment
In case of registration in person or through the postal service
– The applicant of the enterprise registration dossier as prescribed in Decree No. 01/2021/ND-CP shall submit the dossier at the Business Registration Office where the enterprise is headquartered.
– After receiving the enterprise registration dossier, the Business Registration Office shall hand over the receipt of the dossier to the applicant. The Business Registration Office issued the Enterprise Registration Certificate within 03 working days from the date of receipt of the valid dossier.
– In case the application is invalid or the name of the enterprise requesting registration does not comply with regulations, the Business Registration Office shall notify in writing the contents to be amended or supplemented to the applicants within 03 working days from receiving the application.
In case of registering via the electronic network by using a business registration account
– Applicants use business registration accounts to declare information, download electronic documents and verify enterprise registration dossiers via electronic information networks and pay business registration fees and charges according to the process on the national portal on enterprise registration (https://dangkykinhdoanh.gov.vn). In case of authorizing the implementation of business registration procedures via an electronic information network using the Business Registration Account, the authorization document must have the contact information of the authorized person to verify the submission of the enterprise registration dossier via the electronic information network.
– After completing the submission of the application, the applicant will receive the enterprise registration dossier receipt via the electronic information network.
– The Business Registration Department grants Enterprise registration certificate to the enterprise in case the dossier is eligible and notifies the enterprise of issuing Enterprise registration certificate. In case the dossier is not eligible, the Business Registration Office shall send a notice via electronic information network to the enterprise to request amendments and supplements to the dossier.
Composition of the dossier
– Enterprise registration application;
– Company’s charter;
– List of members (for limited companies of 2 or more members);
– Legal documents of individuals for legal representatives of enterprises; Legal documents of individuals for company members; Legal documents of the organization for its members; Legal papers of individuals for authorized representatives of members and dispatches of authorizing representatives;
For members who are foreign organizations, copies of legal papers of the organization must be consular legalized;
– A copy of the investment registration certificate in case the enterprise is established by a foreign investor or foreign-invested economic organization as prescribed in the Investment Law and the guiding documents
– Commitment to the implementation of social and environmental objectives (must be signed by an individual member; a legal representative or an authorized representative for organization member)
Competent agency and settlement time
Competent authority: Department of Planning and Investment, Business Registration Department
Settlement time: Within 03 (three) working days from the date of receiving a valid dossier.
Services of Hong Bang Law
– Advice on the appropriate type of business for clients;
– Draft, prepare and check the validity of the dossier;
– Work with state authorities;
– On behalf of the customer to receive the results;
– Hand over the results to the customer.
If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com
Wishing you and your family good health, peace, and success!
Best regards!
Hong Bang Law Firm./.
