The process of opening a company online according to the 2020 Enterprise Law

The process of opening a company online is a form of simplifying the business registration process. Setting up an online company saves time and effort of registrants as well as authorities. In the following article, Long Phan will provide information to customers about he process of opening a company online according to the Enterprise Law 2020. Please refer to the article.

Opening the online company

Legal regulations on online company establishment

Article 42 of Decree No. 01/2021/NĐ-CP stipulates the registration of enterprises via electronic information networks as follows:

• Online enterprise registration means the application for enterprise registration which is submitted by the enterprise or its founder via the National Business Registration Portal.
• Applicants are entitled to use digital signatures in accordance with regulations of the Law on electronic transactions or business registration accounts to apply for enterprise registration online.
• The business registration account is defined in Clause 4 Article 26 of the Law on enterprises and used for authentication of an online application for enterprise registration in case the person competent to sign the application form for enterprise registration does not use a digital signature.
• Business registration accounts are created from the National Enterprise Registration Information System and issued to individuals to apply for enterprise registration online
• Individuals shall access the National Business Registration Portal for providing information and creating business registration accounts
• Personal information provided by the applicant on the National Business Registration Portal for granting a business registration account must be adequate and accurate as that in his/her legal documents and ensure the authentication of the applicant by the National Enterprise Registration Information System.

Application for registration of the online company

According to Articles 19, 20, 21, and 22 of the 2020 Enterprise Law, the Application for registration for depending on the type of enterprise. Specifically, as follows:

Sole proprietorship

• The enterprise registration application form.
• Copies of legal documents of the sole proprietorship’s owner.

Partnership

• The enterprise registration application form.
• The company’s charter.
• The list of partners.
• Copies of legal documents of the partners.
• Copies of the Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.

Limited liability company

• The enterprise registration application form.
• The company’s charter.
• The list of members.
• Copies of:

Legal documents of members who are individuals and legal representatives;

Legal documents of members that are organizations, documents about designation of authorized representatives and their legal documents

Legalized copies of legal documents of the members that are foreign organizations.

The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.

Joint stock company

• The enterprise registration application form.
• The company’s charter.
• The list of founding shareholders; the list of shareholders that are foreign investors.
• Copies of

Legal documents of founding shareholders and shareholders that are foreign investors who are individuals and legal representatives;

Legal documents of shareholders that are organizations, documents about designation of authorized representatives; legal documents of authorized representatives of founding shareholders and shareholders that are foreign organizations.

Legalized copies of legal documents of the members that are foreign organizations.

• The Certificate of Investment Registration of foreign investors as prescribed by the Law on Investment.

Current procedure for opening an online company according to the Enterprise Law

Register for an account

First, the enterprises needs to create an account on the national electronic information page to register the establishment of the business.

The enterprise account can be a regular business account or a public key signature account.

National Business Registration Portal

Activate the account

The enterprise checks the registered email inbox and activates the account via the link sent from the National Electronic Information Portal.

Request for business registration account

After the account has been activated, log in to the account and select the request for a business registration account.

Submit the registration application

• Choose the option to establish a new business or company.
• Declare information, upload electronic documents.
• Authenticate the dossier.
• Pay fees via bank transfer.

Receive the result of resolution

Within 3 working days, the receiving agency will send a response notification via email, and will answer whether the registered company information is valid or not.

If the dossier meets the conditions for granting a business registration certificate, the Business Registration Office will issue the business registration certificate and notify the business.

If the dossier does not meet the conditions for granting a business registration certificate, the Business Registration Office will send a notice via the electronic information network to request the business to amend and supplement the dossier.

Consulting services the process of opening a company online according to the 2020 Enterprise Law

Procedure consulting for opening an online company

To best support customers in establishing companies, Long Phan provides consulting services with the following tasks:

• Drafting company establishment dossiers as required by customers.
• Acting on behalf of customers to submit and receive results at the Business Registration Office.
• Supporting the company in tax declaration, guiding tax declaration, and tax payment after establishment.
• Supporting invoice printing, guiding invoice printing for the company.
• Detailed advice on how to register digital signatures and how to pay taxes online.

Instead of registering and submitting documents directly, customers can conveniently perform business registration procedures online. Registering online also requires compliance with the law. In this article, we have provided customers with information about the process of opening a company online according to the 2020 Enterprise Law. For more detailed information and the best support, customers can contact Long Phan via hotline 0906.735.386. Thank you.