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Registration of enterprise establishment on the basis of partial division 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

  1. Directly at the Competent Authority; or 

  2. Via the online information system.

REQUIREMENT

  1. The divided company shall ratify the resolution or decision on partial division of the company and send the resolution or decision to all creditors and notify the employees within 15 days from the date of approval.  

  1. The divided company shall register the change in charter capital, quantity of members/shareholders in proportion to the decrease in the stakes/shares and quantity of members/shareholders and apply for registration of the new companies. 

DOSSIER

 01 dossier

 

Number:

  1. The enterprise registration dossier of the divided company



  1. The meeting minutes on the partial division of the acquired company 

 

 

  1. The resolution or decision on the partial division of the acquired 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.


Last updated: 07/06/2021
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