Where are the dossiers for enterprise establishment submitted?

How many forms of submission?

Organizations and individuals have the right to establish and manage enterprises in Vietnam except for the cases are prescribed at the Clause 2, Article 17 of the Enterprise Law 2020 as follows:

- State agencies, and people’s armed forces’ units using state assets for establishment of enterprises to make profits for their own agencies or units

- Cadres, civil servants and public employees;

- Officers, non-commissioned officers, career army men, and national defense workers and public employees except persons who are appointed as authorized representatives to manage the State’s contributed capital amounts

Leaders and professional managers in state enterprises except persons appointed as authorized representatives to manage the State’s contributed capital amounts in other enterprises....

Pursuant to the Article 26 of the Enterprise Law 2020, the enterprise founder or authorized person may carry out enterprise registration with a business registration agency for enterprise registration in any of the following ways:
 

- Directly at the business registration agency.

- Via postal service

- Via the electronic communication network This is the form that the founder or authorized person submit the procedures via the National Portal on enterprise registration.

Especially, if the applicant use this form, registration dossier via electronic communication network shall have equal legal validity with the registration dossier in written forms.

However, beside above 03 forms of submission, enterprises must submit the registration dossiers via electronic communication network in accordance with the regulations prescribed at the Notice No. 788/TB-KH&DT dated September 07, 2017 when making enterprise registration in Hanoi.

Accordingly, enterprise  can submit the dossiers for enterprise registration at the National Business Registration  Portal by account or digital signature in Hanoi and Ho Chi Minh

So where to submit the dossiers for enterprise establishment?

Each form of submission shall be attached with each place of submission. In particulars:

Direct submission

In accordance with Clause 1, Article 32, Decree No. 01/2021/ND-CP, an enterprise registration dossier submitter shall submit dossiers at the business registration division of the locality where the enterprise’s head office is based. Within that, the business registration agencies shall be classified in the provincial-levels and district-levels as follow:

- At provincial levels: business registration divisions under provincial-level Departments of Planning and Investment Particularly, Business registration divisions may organize points for receiving dossiers and notifying dossier-processing results at various places in provincial-level localities;

However, the Business registration divisions only accept the registration dossiers for the submitter at the One-Door-Division.

- At the district level: Finance-planning divisions under district-level People’s Committees

Via Electronic communication network

The only submission is totally applied in Hanoi and Ho Chi Minh City and this form is encouraged to use in other cities and provinces.

The submitter shall use e-documents which are may be in the format of
“.doc” or “.docx” or “.pdf”.

After completing the sending of the enterprise registration dossier, the dossier submitter shall be given receipts, the submitter must come to the Business Registration Division for receiving the receipts. The representatives must submit the authorized papers, Identity cards or passports.