- 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
Directly at the Competent Authority; or
Via the online information system.
REQUIREMENT
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.
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:
The enterprise registration dossier of the divided company

The meeting minutes on the partial division of the acquired company

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.

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 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.
REQUIREMENT		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:	The enterprise registration dossier of the divided company
		The meeting minutes on the partial division of the acquired company
		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.