Dossier for establishing single-member LLCs

What is the single-member LLC?

In accordance with the Clause 7, Article 4, the Enterprise Law 2020, LLCs mean single-member LLCs and LLCs with two or more members. Within that, single-member LLCs are defined at Clause 1, Article 74 of the Law as follows:

A single-member limited liability company is an enterprise owned by one organization or individual (below referred to as company owner). The company owner is liable for all debts and other property obligations of the company within the charter capital of the company.

Pursuant to these regulations and other relevant provisions prescribed at the Enterprise Law, the Decree No. 01/2021/ND-CP, single-member LLC has the characteristics as follows:

- A single-member LLC is an enterprise owned by one organization or individual.

- The company owner is liable for all debts and other property obligations of the company within the charter capital of the company.

- A single-member LLC has the legal person status from the date it is granted an enterprise registration certificate.

- Single-member LLCs may not issue shares, unless they do so to transform themselves into joint stock companies. However, this type of companies may issue bonds.

What does the dossier of single-member LCC include?

With the tiny organization structure of single-member LLC, many people choose this type of business. The enterprise registration dossier for single-member limited liability companies in accordance with the Article 24, the Decree No. 01/2021/ND-CP as follows:

New establishment

- A written request for business enterprise registration issued with the Circular No. 01/2021/TT-BKHDT

- The company charter;

- Legal paper (copies) of:

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

+ The individual, for the individual owner of the company; for the organization owner of the company;

+ Legal paper of the institution, for the institutional owner of the company;

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

Transferred from households

- A written request for business enterprise registration;

- The company charter;

- Legal papers (copies) of:

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

+ The individual, for the individual owner of the company; for the organization owner of the company;

+ Legal paper of the institution, for the institutional owner of the company;

- A business household registration certificate (original)

- A tax registration certificate (copy)

Number of dossiers: 01 set

Registration via e-system

The dossier submitter shall declare the information in the website https://dangkykinhdoanh.gov.vn , upload e-documents, sign to authenticate the dossier for enterprise registration via the electronic communication network and pay enterprise registration charges and fees according to the set process on the National Business Registration Portal.

The methods of submitting dossiers in this case:

- Using digital signatures