In order to stay on the path of business, the basic knowledge of business registration is the first step to success.
UNDERSTANDING THE CHARACTERISTICS OF EVERY TYPE OF ENTERPRISES
First of all, when registering a business, the business owner must clearly understand the characteristics of each type of enterprise in order to choose the type of enterprise suitable to the development orientation of the company. In addition, the owner of the business should determine the address of the head office, charter capital, title of at-law representative as well as business lines in accordance with law. As for some conditional business sectors, business owners should prepare legal capital or practice certificates.
PREPARATION OF COMPANY ESTABLISHMENT DOCUMENTATION
After preparing the above information, the owner of the enterprise need to prepare the company profile in accordance with Article 22 and Article 23 of Decree 58/2015/ND-CP on business registration. Depending on the type of enterprise, there are specific regulations on documents to be provided by enterprises when they are established. The dossier shall be submitted by the enterprise founders or their authorized representatives at the provincial-level Business Registration Offices of the localities where the enterprises are headquartered according to the provisions of Article 25 of Decree No. 58/2015.
At present, some localities such as Ho Chi Minh City, Da Nang, Dong Nai have implemented the online registration service, creating more favorable conditions for businesses. After 5 working days, if the enterprise dossier is valid, the enterprise owner shall be granted a Business Registration Certificate. If the dossier is invalid or the proposed name of the enterprise is in contravention of regulations, the Business Registration Office shall notify the enterprise’s founders about the contents to be amended or supplemented in writing. Within 30 days from the date of issuance of the Business Registration Certificate, the enterprise must announce business registration contents on the National Business Registration Portal.
MAKING LEGAL SEALS
Enterprises need to make legal seals. Enterprise Law 2014 does not require businesses to have their own seals; however, many activities relating to the fulfillment of corporate tax obligations still require seals. Therefore, after receiving the Business Registration Certificate, the company owner must make a photocopy of it and bring it to the seal making facility to make the legal seal for the company.
Before using the seal designs, enterprises must send notices to the Business Registration Office in the localities where the enterprises are headquartered to post the seal specimens according to the provisions of Article 34 of Decree No. 78/2015/ND-CP.
TAX REGISTRATION
After doing business registration and making a seal, an enterprise doing an unconditional business can conduct its business activities in accordance with Article 8 of the Enterprise Law.
However, according to the law, after obtaining the Business Registration, enterprises must register tax declaration with the tax office at the place of business registration, register tax declaration through the electronic signature service, pay license tax in accordance with the Law on Tax Administration and order printing invoices in accordance with Circular 39/2014/TT-BTC. The above-mentioned work must be implemented by enterprises doing business registration.
In order for the business to start early and avoid potential legal troubles, it is very important to understand and abide by the laws.
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