On January 4, 2021, the Government issued Decree No. 01/2021/ND-CP
on enterprise registration.
From January 4, 2021, the following 04 procedures will be carried
out in conjunction: Registration of establishment of enterprises, branches,
representative offices in Vietnam; Labor usage declaration; Granting the number
of the social insurance participant; Register to use invoices of the
enterprise.
The enterprise code is also the enterprise’s taxpayer
identification number and the unit participating in social insurance number of
the enterprise. According to previous regulations, only the enterprise code was
specified as the enterprise’s taxpayer identification number.
The Business Registration Office has the right to accept or reject
the intended name for registration of the enterprise. The opinion of the
Business Registration Office is the final decision to avoid the identical,
mistaken enterprise name and violation of the regulations on enterprise naming.
In case of disagreement with this decision, an enterprise may initiate a
lawsuit in in Vietnam accordance with the law on administrative procedures.
In case an enterprise registers the date of business commencement
after the date of being granted an enterprise registration certificate, the
enterprise is entitled to do business from the date it is registered, except in
the case of conditional business investment.
The person competent to sign the application for enterprise
registration may authorize other organizations or individuals to carry out
enterprise registration procedures. Authorized subjects may be individuals,
organizations or non-public postal service providers or single service
providers of public postal services. In case of authorizing a public postal
service provider to carry out enterprise registration procedures, when carrying
out enterprise registration procedures, postal staff must submit a copy of the
application form according to the form provided by the operator. Public postal
service providers to issue with certified signatures of postal staff and
persons competent to sign written application for enterprise registration. In
case of authorizing a non-public postal service provider to carry out
enterprise registration procedures, the enterprise registration dossier must be
accompanied by a copy of the service contract with the organization providing
services to perform procedures related to enterprise registration, referral of
that organization to the individual directly performing procedures related to
enterprise registration and copies of legal papers of the individual introduce.
In addition, the Decree also stipulates that in addition to the
way of paying fees and charges directly at the Business Registration Office,
the fee payer can transfer money to the account of the Business Registration Office
or use an electronic payment service. The enterprise registration fee is not
refundable to an enterprise in the event that an enterprise is not granted an
enterprise registration certificate. Online payment of fees and charges will
also be supported on the National Business Registration Portal. However, the
fee for using this service will not be included in the business registration
fee, the fee for providing and disclosing information. In the event of an error
in the electronic payment process, the fee or fee paying organization or individual should contact the service provider
intermediary for settlement.
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