What are the documents and procedures for establishing a private enterprise?

1. Establishment profile

Pursuant to Article 21 of Decree 01/2021/ND-CP, the dossier for establishing a Private Enterprise includes:

- Business registration application.

- Copy of personal legal documents for private business owners.

According to Article 32 of Decree 01/2021/ND-CP, the regulations on receiving and processing business registration dossiers are as follows:

“Article 32. Receiving and processing business registration dossiers

1. The person submitting the business registration dossier as prescribed in this Decree shall submit the dossier to the Business Registration Office where the enterprise has its head office.

2. Business registration dossiers are accepted for information entry into the National Business Registration Information System when the following conditions are met:

a) Have sufficient documents as prescribed in this Decree;

b) The enterprise name has been filled in the Application for enterprise registration, Application for registration of change of enterprise registration content, Notice of change of enterprise registration content;

c) Have contact address of the person submitting the business registration application;

d) Have paid all business registration fees and charges as prescribed.

3. After receiving the business registration application, the Business Registration Office shall issue a Receipt of Application to the applicant.

4. After issuing the Receipt of receipt of the dossier, the Business Registration Office shall enter complete and accurate information in the business registration dossier, check the validity of the dossier and upload the digitized documents in the business registration dossier into the National Business Registration Information System.

5. The enterprise founder or enterprise may stop the enterprise registration procedure when the enterprise registration dossier has not been approved on the National Enterprise Registration Information System. In this case, the person authorized to sign the enterprise registration request shall send a written request to stop the enterprise registration procedure to the Business Registration Office where the dossier was submitted. The Business Registration Office shall consider and issue a notice of stopping the enterprise registration procedure to the enterprise and cancel the enterprise registration dossier according to the procedure on the National Enterprise Registration Information System within 03 working days from the date of receipt of the request. In case of refusal to stop the enterprise registration procedure, the Business Registration Office shall issue a written notice stating the reason for refusal to the enterprise founder or enterprise.”

Thus, to register to establish a Private Enterprise, you need to prepare documents including:

- Business registration application.

- Copy of personal legal documents such as identity card; citizen identification card

- Then, submit the application to the Business Registration Office where your business is headquartered, receive a receipt for the application from the Business Registration Office and wait for the processing result.

2. Time to process business establishment documents?

According to Article 33 of Decree 01/2021/ND-CP, the time limit for granting business registration certificates and Certificates of changes to business registration contents are as follows:

“Article 33. Time limit for granting Certificate of Business Registration, Certificate of change of business registration content

1. The Business Registration Office shall issue a Certificate of Business Registration, a Certificate of Change in Business Registration Content, and update information on changes in business registration content in the National Database of Business Registration within 03 working days from the date of receipt of valid documents.

2. In case the dossier is invalid or the name of the enterprise requested for registration is not in accordance with regulations, the Business Registration Office must notify in writing the contents that need to be amended or supplemented to the enterprise founder or enterprise within 03 working days from the date of receiving the dossier. The Business Registration Office shall record all requests for amendments or supplements to the enterprise registration dossier for each set of dossiers submitted by the enterprise in a Notice requesting amendments or supplements to the enterprise registration dossier.

3. If after the above deadline the Certificate of Business Registration or Certificate of Change of Business Registration Content is not issued or the Business Registration Content in the National Database of Business Registration is not changed or a notice of request for amendment or supplementation of the Business Registration dossier is not received, the business founder or business has the right to make a complaint or denunciation in accordance with the provisions of law on complaints and denunciations.”

Based on the above regulations, if your application is valid, within 3 working days from the date of receipt of the application, the Business Registration Office will issue a Business Registration Certificate to your business. In case the application is not valid, within 3 working days from the date of receipt of the application, the Business Registration Office will notify you in writing to amend or supplement the application.