Online business registration: Detailed guidelines on procedure

Online business registration is the most popular form that many investors choose when making the procedure of enterprise establishment registration in order to save time and cost. So, how to implement the steps of online business registration?

1. How can the investors make online business registration?

Online business registration is another name of enterprise registration via the electronic communication network. In accordance with Clause 1, Article 42 of the Decree No. 01/2021/ND-CP on online business registration as follows:

1. Making enterprise registration via the electronic communication network means that an enterprise founder or enterprise carries out the enterprise registration via the National Business Registration Portal.  Organizations and individuals may opt to use digital signatures in accordance with the law on etransactions or use business registration accounts to make enterprise registration via the electronic communication network.

Therefore, investors can choose one of the 02 following ways to make the online business registration:

- Enterprise registration by using business registration accounts:

  •  Business registration accounts shall be created by the national information system on business registration and granted to individuals to make enterprise registration via the electronic communication network.
  •  A business registration account shall be given to only one individual. Individuals who are given business registration accounts shall be held responsible before law for the accuracy and lawfulness of information registered.

- Enterprise registration by digital signatures:

  • A digital signature is a form of a signature by electronic method to replace the normal signature, seals of documents in agencies and organizations.
  • When carrying out the enterprise registration in this form, the enterprise must submit the dossier of e-documents (in the format of “.doc” or “.docx” or “.pdf”) via the National Business Registration Portal instead of paper documents.
Online business registration
Organizations and individuals may opt to use digital signatures (Illustration)

2. What does the online business registration include?

In accordance with the Chapter IV, Decree No. 01/2021/ND-CP, the online business registration dossiers of different forms of business are different. In particulars:
 

Types of business

Online business registration dossiers

Sole proprietorships

- A written request for enterprise registration

- A copy of the legal paper of the owner of the sole proprietorship.

Partnerships

A written request for enterprise registration.

The company charter.

List of members.

Copies of:

+ Legal papers of individuals, for individual members of the company; legal papers of institutions, for institutional members of the company.
+ The investment registration certificate, for enterprises established or jointly established by foreign investors or foreign-invested economic organizations.

Limited liability companies with two or more members or joint stock companies

 

- A written request for enterprise registration.

- The company charter

- List of members, for limited liability companies with two or more members; or list of founding shareholders and list of shareholders being foreign investors, for joint stock companies

Copies of:

+ Legal paper of the individual, for the at-law representative of the enterprise;

+ Legal papers of individuals, for individual members, founding shareholders and shareholders being foreign investors; legal papers of institutions, for institutional members, founding shareholders and shareholders being foreign investors; legal papers of individuals.
- The investment registration certificate, for enterprises established or jointly established by foreign investors or foreign-invested economic organizations.

Single-member limited liability companies

 

- A written request for enterprise registration.

- The company charter.

- Copies of:

+ Legal paper of the individual, for the at-law representative of the enterprise;

+ Legal paper of the institutional owner of the company, legal paper of the authorized representative, and document on appointment of the authorized representative.

+ The investment registration certificate, for enterprises established by foreign investors or foreign-invested economic organizations

Note: Above papers must be electronic documents (in the format of “.doc” or “.docx” or “.pdf”)

3. Procedures for online enterprise registration

In accordance with the Article 44, Article 45, Decree No. 01/2021/ND-CP, the procedure for online enterprise registration is as follows:

Online business registration
Procedures for online enterprise registration (Illustration)

Step 1: Log in the account in the National Business Registration Portal.

Link:  https://dichvuthongtin.dkkd.gov.vn/inf/default.aspx

Step 2: Declare information, upload e-documents, sign to authenticate the dossier .

Step 3: The business registration division shall receive and process the dossier.

  • The dossier submitters shall be given receipts.
  •  In case a dossier is qualified for grant of an enterprise registration certificate, the business registration division shall grant an enterprise registration certificate and notify the enterprise thereof.
  • In case a dossier is unqualified for grant of an enterprise registration certificate, the business registration division shall send a notice via the electronic communication network to the enterprise to request the latter to modify or supplement the dossier.

Step 4: Receipt of results

In previous regulations, enterprise must submit a paper dossier to receive the enterprise registration certificate after the approval of the business registration division.

Currently, enterprises must receive the enterprise registration certificates directly at the business registration division although paper dossiers are not required.

Here is all information on online business registration.

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