INSTRUCTIONS FOR ESTABLISHING A NEW ONE-MEMBER LLC ACCORDING TO THE ENTERPRISE LAW

28/08/2024
BUSINESS ESTABLISHMENT

In the context of an increasingly open economy, establishing a One-Member LLC has become a popular and highly feasible choice for many investors. Therefore, mastering the company establishment process and related legal regulations is extremely important. This article will provide detailed instructions on the documents and procedures for establishing a One-Member LLC, helping customers to easily implement.

INSTRUCTIONS FOR ESTABLISHING A NEW ONE-MEMBER LLC ACCORDING TO THE ENTERPRISE LAW


1. Documents for Establishing a One-Member LLC

1.1 Company Charter

The company charter is an important document, which specifies in detail the company name, head office address, charter capital, business lines, personal information of the owner and legal representative. If the owner and the legal representative are two different people, both must sign at the end of the charter to ensure legality.


HƯỚNG DẪN THÀNH LẬP CÔNG TY TNHH MỘT THÀNH VIÊN MỚI NHẤT


1.2 Business Registration Application

The business registration application must be fully drafted according to the form in Appendix I-2 of the Ministry of Planning and Investment. This form can be downloaded for free from the national business registration information portal.


HƯỚNG DẪN THÀNH LẬP CÔNG TY TNHH MỘT THÀNH VIÊN MỚI NHẤT


1.3 Power of Attorney (if any)

In case the owner authorizes another person to submit the application, the power of attorney must clearly state the information of the representative and the authorized person, and must have the signatures of the relevant parties.


HƯỚNG DẪN THÀNH LẬP CÔNG TY TNHH MỘT THÀNH VIÊN MỚI NHẤT


1.4 Accompanying Documents

The establishment dossier must also include a notarized copy (not older than 3 months) of the Identity Card, Citizen Identification Card, or Passport of the owner, the legal representative, and the authorized person to submit the application (if any).


2. Procedures for Establishing a Single-Member LLC

Step 1: Prepare Information

The first step in the establishment process is to carefully prepare information about the type of enterprise, business lines, company name, head office address, charter capital, and legal representative.


Step 2: Drafting Documents

The registration documents need to be carefully drafted in accordance with legal regulations to ensure that the registration process goes smoothly, avoiding having to edit and resubmit documents many times.


Step 3: Submit Documents

Documents can be submitted directly to the Business Registration Office under the Department of Planning and Investment of the province or city where the head office is located or submitted online via the national portal on business registration.


HƯỚNG DẪN THÀNH LẬP CÔNG TY TNHH MỘT THÀNH VIÊN MỚI NHẤT


Step 4: Receive Certificate

Within 03 working days from the date of submission of valid documents, the enterprise will be granted a Certificate of Business Registration.


GIẤY CHỨNG NHẬN ĐĂNG KÝ DOANH NGHIỆP


Step 5: Information Disclosure

After being granted a Certificate, the enterprise must publish the registration information on the national information portal within 30 days from the date of issuance.


Step 6: Seal Engraving and Seal Sample Notification

The enterprise must engrave the company seal in accordance with the provisions of the Enterprise Law 2020 and notify the seal sample to the business registration authority.


Step 7: Placing and Hanging the Signboard

The company's signboard must be hung at the head office and must contain all necessary information such as the company name, address, tax code and contact phone number.


Step 8: Solving Tax-Related Issues

The enterprise must register for electronic tax payment, submit a business license declaration and make an initial tax declaration at the local tax authority.


3. Conditions for Establishing a Single-Member LLC

3.1 Conditions on the Entity

The entity must have full civil act capacity, be at least 18 years old and not be prohibited by law.


3.2 Conditions on Charter Capital

The charter capital is not subject to a minimum requirement, but the owner must commit to contributing sufficient capital within 90 days from the date of issuance of the Certificate of Business Registration.


3.3 Conditions on Business Lines

The business lines of the enterprise must comply with the provisions of the Investment Law 2020. For conditional business lines, the enterprise must meet all specific requirements prescribed by law.


A Single-Member LLC is a safe and flexible business model, suitable for individuals and organizations wishing to start a business. ADVN LAW is proud to provide comprehensive support services on legal procedures at reasonable costs. Please contact us for the best advice and support in the process of establishing and operating a business.


If you need more information or support, please contact ADVN LAW for detailed advice.


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A.D.V.N LAW OFFICE

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- Phone: 0903.693.301 – 0909.393.329

- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com

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