- Registration of enterprise establishment on the basis of acquisition of enterprise

AUTHORITY
Departments of Planning and Investment (the Business registration office).
PROCEDURE

Step 1:
Individuals, organizations prepare dossier according to the law;

Step 2:
Individuals, organizations submit the dossier at the Departments of Planning and Investment, receive the receipt notes;

Step 3:
Departments of Planning and Investment requests relevant regulatory agencies to give their opinions in writing (if necessary), complete the process;

Step 4:
Individuals, organizations receive the result of the procedure
SUBMISSION OF DOSSIER
Directly at the Competent Authority; or
Via the online information system.
REQUIREMENT
The acquired company approves of the merger contract and sends such contract to all creditors and notify the employees within 15 days from the date of approval.
DOSSIER
01 dossier

Number:
The enterprise registration dossier of the acquiring company

Elements:
The merger contract

The resolution or decision on ratification of the merger contract and the copy of the minutes of meeting on ratification of merger contract of the Board of Members of the acquiring company that is a multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the acquiring company that is a joint-stock company

The resolution or decision on ratification of the merger contract and the copy of the minutes of meeting on ratification of merger contract of the Board of Members of the acquired company that is a multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the acquired company that is a joint-stock company, unless the acquiring company is a member or shareholder holding more than 65% of the charter capital of the acquired company that is a multi-member limited liability company or partnership, or voting shares of the acquired company that is a joint-stock company.
DURATION
03 working days
SUBJECT
Individuals, organizations, except those stated under Article 17.2 of the Law on Enterprise.
RESULT
Valid dossier: Enterprise registration certificate of the new enterprise, the previous enterprise ceases to exist;

Invalid dossier: Notice to amend, supplement the dossier
LEGAL BASIS
Law on enterprises 2020;

Decree No. 01/2021/NĐ-CP on enterprise registration;

Decree No. 122/2020/NĐ-CP on single-window cooperation in processing applications for registration of enterprises, branches, representative offices; declaration of personnel; social insurance participation; use of invoices by enterprises

Circular No. 47/2019/TT-BTC on amounts, collection, payment, management and use of fees for providing information about enterprises, charges for business registration.

AUTHORITY		Departments of Planning and Investment (the Business registration office).
PROCEDURE
	Step 1:	Individuals, organizations prepare dossier according to the law;
	Step 2:	Individuals, organizations submit the dossier at the Departments of Planning and Investment, receive the receipt notes;
	Step 3:	Departments of Planning and Investment requests relevant regulatory agencies to give their opinions in writing (if necessary), complete the process;
	Step 4:	Individuals, organizations receive the result of the procedure
SUBMISSION OF DOSSIER		Directly at the Competent Authority; or Via the online information system.
REQUIREMENT		The acquired company approves of the merger contract and sends such contract to all creditors and notify the employees within 15 days from the date of approval.
DOSSIER		01 dossier
	Number:	The enterprise registration dossier of the acquiring company
	Elements:	The merger contract
		The resolution or decision on ratification of the merger contract and the copy of the minutes of meeting on ratification of merger contract of the Board of Members of the acquiring company that is a multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the acquiring company that is a joint-stock company
		The resolution or decision on ratification of the merger contract and the copy of the minutes of meeting on ratification of merger contract of the Board of Members of the acquired company that is a multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the acquired company that is a joint-stock company, unless the acquiring company is a member or shareholder holding more than 65% of the charter capital of the acquired company that is a multi-member limited liability company or partnership, or voting shares of the acquired company that is a joint-stock company.
DURATION		03 working days
SUBJECT		Individuals, organizations, except those stated under Article 17.2 of the Law on Enterprise.
RESULT		Valid dossier: Enterprise registration certificate of the new enterprise, the previous enterprise ceases to exist;
		Invalid dossier: Notice to amend, supplement the dossier
LEGAL BASIS		Law on enterprises 2020;
		Decree No. 01/2021/NĐ-CP on enterprise registration;
		Decree No. 122/2020/NĐ-CP on single-window cooperation in processing applications for registration of enterprises, branches, representative offices; declaration of personnel; social insurance participation; use of invoices by enterprises
		Circular No. 47/2019/TT-BTC on amounts, collection, payment, management and use of fees for providing information about enterprises, charges for business registration.