COMPANY ESTABLISHMENT SERVICE
Professional, dedicated, responsible, reasonable price
Address: No. 9 Phan Ke Binh, Tan Dinh Ward, Ho Chi Minh City, Vietnam
ĐT: 0942.050.407 - Email: ngocthu@thuyngoclaw.com
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1- WHAT IS COMPANY ESTABLISHMENT SERVICE?
Company establishment service is a legal service package provided by Thuy Ngoc Law Firm to support individuals and businesses in carrying out legal procedures to establish a company. This service helps customers save time, avoid errors in documents and ensure that businesses are quickly granted an Enterprise Registration Certificate.
A company is an organization established by one or more individuals/organizations to do business together, with the aim of making a profit and being responsible according to the law.
Common types of companies in Vietnam include: Single-member LLC, LLC with two or more members, Joint Stock Company, Partnership Company.
2- WHAT WORK DO COMPANY ESTABLISHMENT SERVICE INCLUDE?
When using the company establishment services at Thuy Ngoc Law Firm, customers will receive full support for the following tasks:
a) Consulting before establishing a company
Choose the appropriate type of business (Limited Liability Company, Joint Stock Company, Private Enterprise...).
Consulting on legal company names, avoiding duplication and confusion.
Determine appropriate charter capital.
Consulting on choosing the right business line.
Instructions for identifying legal representatives.
b) Drafting and preparing legal documents
Drafting of Enterprise Registration Application.
Draft Company Charter.
List of founding members/shareholders.
Authorization documents (if any).
Prepare other legal documents as required by each type of business.
c) Submit application on behalf of customers
Submit application to the competent authority to issue the Certificate of Business Registration.
Track application processing status.
Modify and supplement the dossier if requested by the registration authority.
d) Receive and hand over the Enterprise Registration Certificate
Hand over the original Enterprise Registration Certificate to the customer.
e) Making seals for enterprise
Seal engraving for newly established companies.
Disclosure of information as prescribed.
g) Carry out initial tax procedures for newly established companies
Register for digital signature.
Open a bank account for the company.
Register for electronic invoices.
Instructions for performing initial tax obligations.
3- THE PROCESS OF COMPANY ESTABLISHMENT SERVICE PROVIDED BY THUY NGOC LAW FIRM?
Step 1: Receive information and initial consultation
- Receive information about customers' needs to establish a company.
- Guide customers to prepare necessary documents and information.
- Lawyers provide initial advice on company name, business lines, charter capital, legal representative, etc.
Step 2: Prepare documents
- Thuy Ngoc Law will draft complete documents according to regulations.
- Send to customer for checking and signing.
Step 3: Submit application
- Submit documents to competent authorities on behalf of clients.
- Monitor the processing and supplement if required by the competent authority.
Step 4: Get results
- Receive Certificate of Business Registration
- Thuy Ngoc Law delivers the Business Registration Certificate to the customer.
Step 5: Make a seal and publish business information
- Support round engraving for newly established companies.
- Carry out procedures for publishing business information according to regulations.
Step 6: Carry out initial tax procedures for the newly established company
- Open a bank account.
- Register for digital signature.
- Declare and pay business license fees.
- Register for electronic invoices.
4- COMPANY ESTABLISHMENT SERVICE FEE IN VIETNAM
|
No |
Iterm |
Service fee (VND) |
|
I |
Service fee |
4.730.000 |
|
1.1 |
Serrvice fee for consulting and implementing procedures for company establishment |
2.800.000 |
|
1.2 |
Service fee for implementing initial tax procedures for newly established companies |
1.500.000 |
|
|
VAT |
430.000 |
|
II |
State fees, information publication, seal making |
1.300.000 |
|
III |
Digital signature fee, electronic invoice |
3.500.000 |
|
3.1 |
Digital signature usage fee |
1.850.000 |
|
3.2 |
Fee for using electronic invoice |
1.650.000 |
|
TOTAL COST FOR ESTABLISHING A COMPANY |
9.530.000 |
|
5- RESULTS CUSTOMERS WILL RECEIVE WHEN USING THE COMPANY ESTABLISHMENT SERVICE OF THUY NGOC LAW FIRM
- Certificate of enterprise registration;
- Company round seal;
- Bank account;
- Digital signature;
- Electronic invoice.
6- TIMELINE FOR COMPLETING COMPANY INCORPORATION PROCEDURES IN VIETNAM?
To prepare documents and carry out procedures to establish a company, entrepreneurs often spend a lot of time and effort.
However, with the company establishment service at Thuy Ngoc Law, the implementation time is only within 05-10 working days.
- From 2 to 3 working days for Thuy Ngoc Law to consult, prepare documents, send documents to customers for signature, and send staff to submit documents;
- About 10 working days for the competent authority to check the enterprise's records and issue the Enterprise Registration Certificate.
With a professional and efficient working process, we will support customers to receive the fastest Business Registration Certificate.
7- INFORMATION CUSTOMERS NEED TO PREPARE FOR COMPANY ESTABLISHMENT IN VIETNAM?
The client provides Thuy Ngoc Law Firm with the following information:
a) Prepare company name
A company name consists of two parts, including the type of company and the proper name. The proper name must not be duplicated or easily confused with names already registered by other businesses.
In addition, the company name must comply with the provisions of law. Avoid naming with words or characters that are uncultured and affect the history or customs of the nation.
Customers should prepare 2 to 3 company names.
b) Company headquarters address
When choosing an address to set up a company headquarters, customers need to determine a clear, accurate address located within Vietnam.
Address must include: House number, street/hamlet/village name; Ward/commune/town name; District/county/city name of province.
It is not allowed to use the address of a collective house, apartment building or places that only function as a house.
c) Determine the type of company to be established
According to the Law on Enterprises, customers can register one of the following types of enterprises: One-member LLC, LLC with two or more members, private enterprise, Joint Stock Company and Partnership Company.
Each type of business has different characteristics related to conditions, organizational structure, capital mobilization capacity, etc. Legal constraints are also different for different types.
Depending on the purpose, needs and conditions, customers need to choose the appropriate type of company.
d) Determine the intended business lines
According to regulations, enterprises are allowed to do business in any industry that is not prohibited by law. However, depending on the purpose and needs of the operation, customers need to consider registering the appropriate industry and industry code.
For conditional business lines, enterprises must meet the prescribed conditions to be allowed to do business. For example, conditions related to charter capital, practice certificates or other conditions.
When registering for company establishment services at Thuy Ngoc Law, we will advise businesses on choosing industry codes and applying industry codes in accordance with regulations.
e) Determine the company's charter capital
The law does not stipulate the minimum capital that a business needs to register to establish a business. The decision on the charter capital depends on the business sector registered to operate, financial conditions and business purposes.
Meanwhile, some business lines have conditions that require an accompanying legal capital. To be established and conduct business in these lines, enterprises need to ensure that they meet the conditions for legal capital. In that case, the minimum charter capital is equal to the legal capital required for that business line.
The law stipulates that the capital contribution period is 90 days from the date the enterprise is granted the Certificate of Business Registration.
g) Identify the legal representative
The legal representative of an enterprise is an individual who represents the enterprise in exercising the rights and obligations arising from the enterprise's transactions, represents the enterprise as a person requesting settlement of civil matters, plaintiff, defendant, person with related rights and obligations before the Arbitration, Court and other rights and obligations as prescribed by law.
Limited liability companies and joint stock companies may have one or more legal representatives. The company charter specifically stipulates the number, management positions, rights and obligations of the legal representatives of the enterprise.
Enterprises must ensure that there is always at least one legal representative residing in Vietnam.
When there is only one legal representative residing in Vietnam, this person, when leaving Vietnam, must authorize in writing another individual residing in Vietnam to exercise the rights and obligations of the legal representative.
h) Prepare identification documents of all individuals participating in capital contribution and legal representative: Copy of CCCD or passport (not more than 3 months old).
k) Determine the capital contribution of each capital contributing member.
8- GUIDELINES FOR CHOOSING THE APPROPRIATE TYPE OF COMPANY IN VIETNAM?
a) If there is only 1 individual or 1 organization contributing capital to establish the company
It is mandatory to establish a single-member LLC or private enterprise.
Private enterprises have no legal status and unlimited liability.
Therefore, we recommend that you register as a single-member LLC.
b) If there are 2 members contributing capital to establish the company
It is required to establish a limited liability company with 2 or more members.
This type is similar to a single-member LLC, except that there are 2 members contributing capital, and you must choose 1 person to be the legal representative (director).
c) If there are 3 or more members contributing capital to establish the company
Option 1: Establish a limited liability company with 2 or more members if the number of capital contributing members does not exceed 50 people;
Option 2: Establish a joint stock company, a joint stock company is not limited in the number of members contributing capital.
Depending on customer needs, choose the appropriate type.
9- WHAT WORKS MUST BE DONE AFTER ESTABLISHING A COMPANY IN VIETNAM?
After establishing the company, customers must perform the following tasks:
- Hanging company signs;
- Buy digital signature;
- Declare and pay business license fees;
- Register to use electronic invoices;
- Open a bank account;
- Participate in social insurance registration for employees
- Accounting records, financial reporting;
- Make tax declarations according to tax law regulations
10- WHAT TYPES OF TAXES DO COMPANIES HAVE TO PAY IN VIETNAM?
When a company is established, it must declare and pay the following taxes:
- VAT: Declare and pay taxes according to declaration;
- Corporate income tax: Declare and pay tax according to declaration; From 15 - 20% on total profit of fiscal year;
- Personal income tax: This is a tax calculated on the employee's income. Declare and pay taxes according to the declaration.
Taxable income and tax rates according to the personal income tax table.
- Environmental protection tax: This tax applies to companies operating in the fields of gasoline, plastic bags, coal, termite killer, herbicide;
- Import tax: Applies to companies that import goods from foreign countries.
11- WHY SHOULD YOU CHOOSE THE COMPANY ESTABLISHMENT SERVICE OF THUY NGOC LAW FIRM?
a) Many years of experience in company establishment services
With many years of experience in providing company establishment services, Thuy Ngoc Law's professional company establishment services have been trusted and chosen by thousands of partners.
b) Dedicated and enthusiastic consulting
Customers will be directly advised by a team of consultants on industry codes, charter capital, conditions for company establishment... suitable to each customer's business requirements.
c) Save time and money
Do you want to save time and money when establishing a company? Thuy Ngoc Law's professional company establishment service will help you save time and money when establishing a company.
d) Fast company establishment time
Do you need a company that specializes in providing company establishment services, performing professional company establishment procedures, with fast processing time, accurate procedures, professional, dedicated, enthusiastic service, and reasonable prices? Sao Vang will help you.
e) Support in solving accounting and tax issues
The company registration procedure is the initial stage but only a very small part of the operation process of a business. The issues after establishment, especially tax, accounting... are the important issues and directly affect business operations.
After establishing the company, Thuy Ngoc Law will advise on tax calculation methods, types of taxes, types of invoices... so that businesses can both operate legally and optimize taxes payable.
12- EXPERIENCE IN SELECTING A CONSULTING FIRM FOR COMPANY ESTABLISHMENT SERVICES IN VIETNAM?
Before choosing a service provider to consult on your business registration, you need to carefully research the information to avoid risks.
Below is some information to identify a quality business registration consulting service provider.
a) Choose a long-standing consulting service provider
Companies that have been operating for a long time will have exposure to a variety of industries and fields, and have more experience in handling difficult paperwork. On the other hand, after a long period of operation, they will build a scientific and methodical working process, and a team of personnel that ensures high quality and qualifications.
Thuy Ngoc Law has many years of experience in business registration consulting services. Using Thuy Ngoc Law's company establishment consulting services, you can be completely assured of the quality.
b) Highly qualified and experienced staff
The quality of company establishment consulting services depends on the qualifications and experience of the staff, especially the key staff.
Therefore, to choose a quality company consulting service, you should choose a company with a team of highly qualified and experienced staff.
c) Reasonable price
Price usually goes with quality, high quality usually has high price and vice versa.
The quality of service is determined by the quality of the staff providing the service. Services provided by highly qualified and experienced staff are usually more expensive than services provided by less qualified and less experienced staff.
Therefore, choose a business registration consulting service provider with reasonable prices.
13- ANSWERS TO SOME QUESTIONS REGARDING TO COMPANY ESTABLISHMENT SERVICES IN VIETNAM
Question 1: How do customers who need to use Thuy Ngoc Law's company establishment service start?
Answer
If you have any needs, please send your request to Luat Thuy Ngoc's email address.
After receiving the request via email, we will proactively contact the customer.
Question 2: What assets are included in the capital contribution to establish an enterprise?
Answer
Pursuant to Article 34 of the Enterprise Law 2020, the provisions on assets contributed as capital to establish an enterprise are as follows:
1. Contributed capital assets are Vietnamese Dong, freely convertible foreign currency, gold, land use rights, intellectual property rights, technology, technical know-how, and other assets that can be valued in Vietnamese Dong.
2. Only individuals and organizations that are legal owners or have legal rights to use the assets specified in Clause 1 of this Article have the right to use such assets to contribute capital in accordance with the provisions of law."
Question 3: Is it necessary to transfer ownership of contributed assets to the company when establishing the company?
Answer
Yes.
When contributing capital to an enterprise, members of a limited liability company, partnership company and shareholders of a joint stock company must transfer ownership of the contributed assets to the company according to regulations.
Question 4: When establishing a company, is it necessary to prove charter capital?
Answer
No.
When establishing a company with 100% Vietnamese capital, it is not required to prove that there is sufficient capital when registering for establishment.
Question 5: What is the time limit for contributing capital to establish a company?
Answer
For limited liability companies with two or more members:
Members must contribute capital to the company in full and with the correct type of assets as committed when registering to establish the enterprise within 90 days from the date of being granted the Certificate of Enterprise Registration.
For single member limited liability company
The company owner must contribute capital to the company in full and with the correct type of assets as committed when registering to establish the enterprise within 90 days from the date of being granted the Certificate of Enterprise Registration.
For joint stock companies
Shareholders must fully pay for the registered shares within 90 days from the date of issuance of the Certificate of Business Registration, unless the Company Charter or the share purchase registration contract stipulates a shorter period.
Question 6: After establishing a company, what if the contributed capital is not enough as registered?
Answer
The Law on Enterprises requires members/owners/shareholders of LLCs with 2 or more members, LLCs with 1 member, and joint stock companies to fully contribute capital within 90 days from the date the company is granted the Certificate of Enterprise Registration.
In case of failure to contribute enough charter capital within the above deadline, it is necessary to register an adjustment of charter capital with the business registration authority within 30 days from the last day of full contribution of charter capital.
If after the above deadline, the company still does not change its charter capital, it will be subject to administrative sanctions according to regulations.
Question 7: Can a company name be the same as another company?
Answer
No.
Company names are recognized throughout Vietnam and are unique. Therefore, to avoid confusion, you cannot name your company the same as a previously established and still operating company.
Specifically, a company name consists of 3 parts: Company + Type (LLC or Joint Stock) + Proper name. You cannot duplicate this proper name (even if the type is different but the proper name is the same, it is also not allowed.
Question 8: Can an apartment address be used as a company headquarters?
Answer
No.
Apartments that are only intended for residential purposes cannot be used as company headquarters.
Question 9: Is a degree required to set up a company?
Answer
No.
Currently, most business registration professions do not require a degree when registering.
Except for some conditional business lines, business conditions must be met according to regulations...
Question 10: Who is prohibited from establishing a company?
Answer
Point 2, Article 17, Law on Enterprises 2020 stipulates that the following entities do not have the right to establish and manage enterprises:
- Persons under 18 years of age, without legal capacity and civil conduct;
- State agencies, armed forces units;
- Cadres, civil servants, and public employees according to the provisions of the Law on Cadres, Civil Servants and the Law on Public Employees...
- Officers, non-commissioned officers, professional soldiers and defense workers working at agencies and units of the Vietnam People's Army.
- Professional officers and non-commissioned officers working at agencies and units of the Vietnam People's Public Security.
- Executives and managers of 100% state-owned enterprises, except for those authorized to act as representatives to manage the state's capital contribution in other enterprises.
- People who are serving a prison sentence or are prohibited by the court from doing business.
- Other cases as prescribed by law on bankruptcy.
Question 11: Can I register multiple business lines at the same time?
Answer
Yes.
According to the provisions of the Enterprise Law 2020, "enterprises have the right to conduct business in sectors not prohibited by state law, except for conditional business sectors".
Therefore, you can absolutely register for many business lines.
Question 12: Should I establish a company or a business household?
Answer
You can refer to some of the criteria below to choose to establish a company or business household:
1. Scale of operation:
- Business household: Suitable for small and simple scale business activities.
- Company: Suitable for large businesses, with many partners, needing to mobilize investment capital.
2. Legal status:
- Business household: No legal status
- Company: Has legal status.
3. Legal responsibility:
- Business household: The business owner has unlimited liability with all of his personal assets.
- Company: Members/shareholders are only responsible for the amount of capital contributed to the company.
4. Registration procedure:
- Business households: Simple and quick procedures.
- Company: More complicated procedures, longer registration time.
5. Operating costs:
- Business household: Low operating costs.
- Company: Higher operating costs due to tax obligations, accounting, etc.
Question 13: What types of taxes must a company pay after it is established?
Answer
- VAT: Declare and pay taxes according to declaration;
- Corporate income tax: Declare and pay tax according to declaration; 20% on total profit of fiscal year;
- Personal income tax: This is a tax calculated on the employee's income. Declare and pay taxes according to the declaration.
Taxable income and tax rates according to the personal income tax table.
- Environmental protection tax: This tax applies to companies operating in the fields of gasoline, plastic bags, coal, termite killer, herbicide;
- Import tax: Applies to companies that import goods from foreign countries.
Question 14: Is it mandatory to purchase a digital signature after establishing a company?
Answer
Yes.
After establishing a company, it is mandatory to purchase a digital signature. Only with a digital signature can tax declarations be submitted according to regulations.
Question 15: After establishment, if there are no output or input invoices, do we have to submit tax declaration documents?
Answer
Yes.
According to the law, even if there are no output invoices, businesses still have to submit tax declarations, prepare financial statements, and make tax settlements.
Question 16: If our company does not generate output or input invoices, do we need to keep accounting books and prepare financial statements?
Answer
Yes.
According to the law, even if there are no output or input invoices, businesses must still keep accounting books and prepare financial reports.
Question 17: What is the process for providing company establishment services at Thuy Ngoc Law?
Answer
Below are some basic steps in the company establishment consulting service process at Thuy Ngoc Law:
Step 1: Receive customer requests and quote services
Step 2: Draft and sign service agreement
Step 3: Consulting and drafting documents
Step 4: Submit application and receive results
Step 5: Hand over documents
Thuy Ngoc Law staff will deliver the Business Registration Certificate, seal and other documents to the client.
Question 18: Should I use Thuy Ngoc Law's company establishment service?
Answer
Yes. For the following reasons.
a) Many years of experience in business registration consulting
b) Have expertise and experience in the field of company establishment;
c) Highly qualified and experienced staff;
d) Dedicated consulting;
e) Reasonable price.
To receive more information about company establishment services
Please contact Thuy Ngoc Law Firm LLC as follows:
Address, email and contact phone number (See details)
Thuy Ngoc Law will meet your requirements professionally, reliably and effectively.
Address: No. 9 Phan Ke Binh, Tan Dinh Ward, Ho Chi Minh City, Vietnam
Tel: 0942.050.407 - Email: ngocthu@thuyngoclaw.com
