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HOW TO ESTABLISH A JOINT STOCK COMPANY IN VIETNAM

A joint stock company is one of the types of businesses that many people choose. A joint stock company is formed with at least three shareholders, who can be legal entities or individuals, and there is no maximum number of shareholders. Joint stock companies have legal status, can issue shares for sale, and conduct securities listing and trading. The next article will explain "How to establish a joint stock company in Vietnam".

Legal basis:

- Law No. 59/2020/QH14 dated June 17, 2020 on Enterprises;

- Decree No. 01/2021/ND-CP dated January 04 2021 on enterprise registration.

1. Business profile

- Business registration application.

- Company rules.

- A list of the company's founding shareholders, as well as a list of foreign investors.

- Copies of the documents listed below:

+ Individual legal documents for the enterprise's legal representative;

+ Individual legal documents for company members, founder shareholders, and shareholders who are foreign investors are individuals; organizational legal documents for members, founding shareholders, and shareholders who are foreign investors are organizations; individual legal documents for members' authorized representatives, founding shareholders, shareholders who are foreign investors, and documentation on the nomination of authorized representatives;

Copies of the organization's legal papers must be consularly legalized for members and shareholders who are foreign organizations; 

+ Certificate of investment registration if the enterprise was founded or participated in the founding by a foreign investor or a foreign-invested economic organization.

2. The procedures for forming a joint stock company will be carried out in the order listed below:

Step 1: Gather all of the relevant information and documents for the company creation paperwork.

Shareholders will need to gather information and documents for the company's formation, such as the company name, charter capital, business lines, personal papers, and so on.

Step 2: Based on the information provided by the customer, create a company profile.

Following the preparation of the necessary information and documents for the business's formation, the shareholder or a corporation authorized by the shareholder will draft the application for the formation of a joint stock company.

Step 3: Using the national information site, submit an application for the formation of a joint stock company.

Instead of presenting documentation to the Business Registration Office as in the past, firms must now create an account and submit an online application through the business portal.

Step 4: Verify the application and issue the certificate of business registration.

Following submission, an expert will review the application before agreeing to give a business registration certificate to the registered business.

Step 5: Make a business announcement and engrave the company seal.

The business will follow the steps for disclosing information about the existing business, engraving the company's seal, and announcing the seal sample so that the legal seal can be utilized.

Note: Beginning in 2021, the announcement of seal samples prior to usage will be obsolete. As a result, after the seal is complete, the corporation can utilize the stamp.

Step 6: For joint stock firms, declare and pay licensing tax, register for digital signatures, and issue electronic invoices.

Above is the information for the How to establish a joint stock company in Vietnam. For more detailed information and advice on this issue, please contact directly with Law Doanh Tri at one of the following methods:

Hotline: 0911.233.955 – (024) 6293 8326

Email: luatdoanhtri@gmail.com

Enterprise Law is very pleased to accompany you!

Best regards./.

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