Eligibility Requirements
Before applying for a Business Registration Certificate (BRC), foreign investors must comply with the conditions set forth in the Law on Investment and Law on Enterprises. If investing in conditional business sectors, additional legal requirements may apply.
Upon securing the Investment Registration Certificate (IRC), investors are required to apply for the Business Registration Certificate to commence operations.
Procedures for Business Registration
For joint-stock companies or limited liability companies with two or more members, the registration process includes submitting an application form for enterprise registration along with the company’s charter. A list of founding shareholders for joint-stock companies or capital-contributing members for limited liability companies must also be provided.
Copies of identification documents are required, including ID or passport for individual shareholders or members. Institutional shareholders must submit a list of authorized representatives, along with a decision on establishment, business registration certificate, or equivalent documents. If the shareholder is a foreign organization, copies of the business registration certificate or equivalent documents must be notarized, legalized, and authenticated.
The Investment Registration Certificate (IRC) must also be included in the application as required under the Law on Investment.
The application must be submitted to the Business Registration Office of the province where the company is headquartered. The processing time is typically within three working days from the date of submission of a complete dossier. If approved, the Business Registration Certificate will be issued. If the application is not satisfactory, the authority will notify the applicant of required revisions.
Investor Rights and Remedies
Vietnam actively encourages foreign direct investment. If the relevant state authority does not issue a decision or fails to provide feedback on missing documents, investors have the right to file a complaint under the Law on Complaints and Denunciations.
Once the Business Registration Certificate is issued, the company may legally operate. However, businesses in conditional sectors must comply with sector-specific regulations throughout their operations.
The above information is provided by Mys Law. For any questions regarding the content of this article, please contact 0969.361.319 or email: [email protected] for further clarification. Best regards!
Compiler: Nguyen Anh Quan
