Along with other types of enterprises, the application file for registration of the establishment of a private enterprise is required to have an application for registration of establishment. Accordingly, the representative must fully declare information about the enterprise to be established on this document form. Below is an advisory article of MVA Vietnam related to the content and how to declare the latest form of application for setting up a private enterprise. Please refer to this to learn more about this issue.
Related services:
» Specializing in business investment, sale and transfer, project transfer, investment consulting, business agency.
» Accounting and Auditing Services
» Corporate Law Services
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Along with other types of enterprises, the application file for registration of the establishment of a private enterprise is required to have an application for registration of establishment. Accordingly, the representative must fully declare information about the enterprise to be established on this document form. Below is an advisory article of MVA Vietnam related to the content and how to declare the latest form of application for setting up a private enterprise. Please refer to this to learn more about this issue.
Related services:
» Specializing in business investment, sale and transfer, project transfer, investment consulting, business agency.
» Accounting and Auditing Services
» Corporate Law Services
1. What is a sole proprietorship?
According to Article 188 of the Enterprise Law 2020, a private enterprise is defined as follows:
A sole proprietorship is an enterprise owned by an individual who is solely responsible for all his/her assets for all activities of the business. Private enterprises are not allowed to issue any type of securities (stocks, bonds, fund certificates, warrants, depository certificates, right to buy shares, etc.)
Noteworthy:
- Each individual is only entitled to establish a private enterprise. The owner of a private enterprise cannot concurrently be the owner of a business household or a general partner of a partnership.
- A private enterprise is not entitled to contribute capital to the establishment or purchase shares or contributed capital in a partnership, limited liability company or joint-stock company.
2. Application form for establishment of a private enterprise
The application for the establishment of a private enterprise is issued together with the Circular No. 01/2021/TT-BKHDT dated March 16, 2021 of the Minister of Planning and Investment. Specific content as follows:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
_______________________
…., day month Year….
APPLICATION FOR BUSINESS REGISTRATION
PRIVATE ENTERPRISE
Dear: Business Registration Office of the province, city ……
I am 1 (write my name in capital letters): ……………………. Gender: ……
Date of birth: …../…./…. Ethnic nationality: ……..
Types of legal documents of individuals:
□ Identity card □ Citizen ID card
□ Passport □ Other (specify): ….
Number of legal papers of the individual: ………………………………………………………………………………………………
Date and place of issue:…………………… ; Expiration date (if any): …..
Permanent address:
Number of houses, niches, alleys, alleys, streets/groups/hamlets/hamlets/villages: ……………………..
Commune/Ward/Town:………………………………………………………..
District/District/Town/City City in the province: ………………………………………………………..
Province/City: ………………………………………………………………………………………………..
Contact address:
Number of houses, niches, alleys, alleys, streets/groups/hamlets/hamlets/villages: …………………………………………………….
Commune/Ward/Town:…………………………………………………….
District/District/Town/Provincial City: ……………………..
Province/City: ………………………………………………………………………………………………..
Phone (if any): ……………….. Email (if any): …………………….
Register a sole proprietorship owned by me with the following contents:
1. Status of establishment (mark an X in the appropriate box):
New establishment
Established on the basis of conversion from business households2 □
Established on the basis of conversion from a social protection/social fund/charity fund3
2. Business name:
Business name written in Vietnamese (in capital letters):……………………..
Enterprise name written in foreign language (if any):………….
Abbreviated business name (if any): …………………………………………………….
3. Head office address:
Number of houses, niches, alleys, alleys, streets/groups/hamlets/hamlets/villages: ……………………..
Commune/Ward/Town:……………………………………………………………………………………………….
District/District/Town/Provincial City: ……………………..
Province/City: ………………………………………………………………………………………………..
Phone: ………………………………………………………. ..Fax (if any);…………
Email (if any):……………………………………………………. Website… (if any): …………
– The enterprise is located in (Tick an X in the corresponding box if the enterprise’s registered office address is located in an industrial park/export processing zone/economic zone/high-tech zone):
Industrial Park
Export processing zone
Economic Zone
Hi-tech Park
□ Social enterprise (Pick an X in the box if it is a social enterprise)
4. Business lines (insert name and code according to industry level 4 in the Economic System of Vietnam):
| STT | Industry name | Industry code | Main lines of business (mark an X to choose one of the declared lines) |
5. Investment capital:
Investment capital (in numbers; VND): …….
Investment capital (in words; VND):…………………………………………………….
Equivalent value in foreign currency (if any, in numbers, foreign currency):………….
Is information about the equivalent value in foreign currency displayed on the Certificate of Business Registration? Yes No
Contributed assets:
| STT | Capital contribution property | Capital value of each asset in the investment capital(in numbers, VND) | Ratio (%) |
| first | Vietnamese Dong | ||
| 2 | Freely convertible foreign currency (specify the type of foreign currency, the amount to be contributed in each foreign currency) | ||
| 3 | Yellow | ||
| 4 | Land use rights | ||
| 5 | Intellectual property rights | ||
| 6 | Other assets (specify type of property, quantity and residual value of each type of property, which can be made into a separate list together with the business registration dossier) | ||
| total | |||
6. Tax registration information:
| STT | Criteria for tax registration information |
| 6.1 | Information about the Director/General Director (if any):Full name of Director/General Director:
Phone: |
| 6.2 | Information about Chief Accountant/In charge of accounting (if any):Full name of Chief Accountant/In charge of accounting:
Phone: |
| 6.3 | Address to receive tax notices (only declare if the address to receive tax notices is different from the address of the head office).Number of houses, niches, alleys, alleys, streets / nests / hamlets / hamlets:
Commune/Ward/Town: District/District/Town/City of Province: Province/City: Phone (if any):…………………….. …Fax (if any):…………….. Email (if any): |
| 6.4 | Starting date of operation4 (in case an enterprise is expected to start its operation from the date of issuance of the Certificate of Business Registration, this content is not required): …./…/…. |
| 6.5 | Accounting form (Tick an X in one of the two boxes “Independent accounting” or “Depending on accounting.” In case of integration, select the box “Independent accounting” that is subject to the preparation and submission of financial statements. consolidated to the competent authority according to regulations, check the box “Have consolidated financial statements”):□ Independent accounting Consolidated financial statements
□ Dependency Accounting |
| 6.6 | Financial year:Apply from the date …./…/…. to date …./…/….5
(insert date and month of the beginning and end of the accounting year) |
| 6.7 | Total number of employees (expected): |
| 6.8 | Operating under BOT/BTO/BT/BOO, BLT, BTL, O&M projects:Yes□ No |
| 6.9 | VAT calculation method (choose 1 of 4 methods):6Deduct
Directly on VAT Directly on sales No VAT |
7. Register to use invoice7
□ Print invoices yourself □ Order invoice printing
□ Using e-invoices Buying invoices from tax authorities
8. Information on payment of social insurance8:
Social insurance payment method (choose 1 of 3 methods):
□ Monthly Every 3 months Every 6 months
Note:
– Enterprises that register their main business lines as agriculture, forestry, fishery, salt production and pay wages by product or by contract: can choose 1 of 3 methods of payment of social insurance; monthly, every 3 months, every 6 months.
– Enterprises registering other main business lines: tick the method of monthly social insurance payment,
9. Information about the converted business household (declared only in case of establishment of an enterprise on the basis of conversion from a business household):
Name of business household (in capital letters):………………………………………………………….
Business household registration certificate number: ……………………..
Date Range:……….. /………. /….. Issued by:…………………………………………………………………..
Tax code of household business (only declare 10 digit MST): …………………………………………………….
Address of the head office of the household business, …………………………………………………….
Name of business owner: …………………………………………………………………………………………
Type of individual’s legal papers (declared according to the individual’s legal papers recorded on the business household’s tax registration certificate):
□ Identity card □ Citizen ID card
□ Passport □ Other (specify): ……
Number of legal papers of the individual (declared according to the individual’s legal papers recorded on the tax registration certificate of the business household): ……………………………………………………. …………………….
Date and place of issue:……………………. Expiration date (if any):…/…/…
10. Information about the converted social protection establishment/social fund/charity fund (declared only in case of establishment of a social enterprise on the basis of conversion from the social protection establishment/social fund) association/card fund):
Name of social protection establishment/social fund/charity fund (in capital letters):……………………..
Number of Certificate of establishment registration (For social protection establishments)/Number of establishment license and recognition of fund charter (For social funds/charity funds): …………………… ……………………. Date and place of issue: ……………………………….
Tax code of social protection establishment/social fund/charity fund (only declare MST 10 numbers):..
Head office address: …………………………………………………………………………………………..
Name of the representative of the social protection establishment/social fund/charity fund:……………………..
Type of legal documents of the individual (declared according to the legal papers of the individual recorded on the tax registration certificate of the social protection establishment/social fund/charity fund):
□ Identity card □ Citizen ID card
□ Passport □ Type, other (specify): …..
Number of legal papers of the individual (declared according to the individual’s legal papers recorded on the tax registration certificate of the social protection establishment/social fund/charity fund):
Date Range: …/…/…. Place of issue ….. Expiration date (if any): …/…/…
In case the enterprise registration dossier is valid, please publish the business registration contents on the national business registration portal.
I commit to:
– You are not prohibited from establishing and managing an enterprise as prescribed in the Law on Enterprises, you are not the owner of another private enterprise, you are not the owner of a business household, or you are not a member of a partnership;
– The head office of the business is under my legal ownership/use right and is used for the right purposes in accordance with the law;
– Use self-printed invoices, ordered printed invoices, electronic invoices, buy invoices from tax authorities in accordance with the provisions of law9;
– Take responsibility before law for the legality, accuracy and truthfulness of the above business registration content.
| PRIVATE BUSINESS OWNER(Signature and full name)10 |
3. How to declare the application form for the establishment of a private enterprise
According to the content of the above proposal, you need to pay attention to declare information to ensure the following contents:
1 In case the Court or Arbitration appoints a person to carry out the enterprise registration procedure, the appointed person shall declare information in this section.
2.1 In case of registration of establishment of a private enterprise on the basis of conversion from a business household/social protection establishment/social fund/charity fund via electronic information network, the applicant shall scan the Certificate of business household registration/Certificate of establishment registration (for social protection establishments)/Establishment license and recognition of fund charter (for social/charity funds) in the application file register an enterprise via the electronic information network and directly submit the original of this Certificate to the Business Registration Office for issuance of the Certificate of Business Registration in accordance with the provisions of Articles 27 and 28 of Decree No. /ND-CP dated January 4, 2021 of the Government on business registration.
2 In case an enterprise is granted an enterprise registration certificate after the declared start date of its operation, the operation start date is the date the enterprise is granted an enterprise registration certificate.
3– In case the accounting year is according to the calendar year, record from January 1 to December 31.
– In case the accounting year according to the fiscal year is different from the calendar year, write the beginning date and month of the accounting year as the first day of the quarter; The end of the accounting year date and month is the last day of the quarter.
– The total period from the beginning to the end of the accounting year must be full 12 months or 4 consecutive quarters.
4 Only declare in case of new establishment. Enterprises shall base themselves on the provisions of the law on value-added tax and their business plans to determine one of four methods of calculating value-added tax in this indicator.
5 Enterprises are responsible for ensuring the conditions for the use of self-printed, ordered invoices, e-invoices, and purchase invoices from tax authorities in accordance with law. Do not declare in case of establishment of an enterprise on the basis of enterprise transformation.
6 Do not declare in case of establishment of an enterprise on the basis of enterprise transformation.
7 Do not declare in case of establishment of an enterprise on the basis of business transformation.
8 Private business owners sign this section directly.
In case the Court or Arbitrator appoints a person to carry out the enterprise registration procedure, the appointed person shall sign this section directly.
For detailed advice on the form of application for setting up a private enterprise and using the service of setting up a business, please contact MVA Vietnam Accounting and Auditing Company Limited at the following address. down here.
- MVA Vietnam – Success Comes From Difference
- MVA VIETNAM IS A LEADING COMPANY IN BUSINESS BUYING AND SELLING, ACCOUNTING SERVICES, AUDITING, AND BUSINESS LAW. YOUR TRUSTED BUSINESS DESTINATION
1. What is a sole proprietorship?
According to Article 188 of the Enterprise Law 2020, a private enterprise is defined as follows:
A sole proprietorship is an enterprise owned by an individual who is solely responsible for all his/her assets for all activities of the business. Private enterprises are not allowed to issue any type of securities (stocks, bonds, fund certificates, warrants, depository certificates, right to buy shares, etc.)
Noteworthy:
- Each individual is only entitled to establish a private enterprise. The owner of a private enterprise cannot concurrently be the owner of a business household or a general partner of a partnership.
- A private enterprise is not entitled to contribute capital to the establishment or purchase shares or contributed capital in a partnership, limited liability company or joint-stock company.
2. Application form for establishment of a private enterprise
The application for the establishment of a private enterprise is issued together with the Circular No. 01/2021/TT-BKHDT dated March 16, 2021 of the Minister of Planning and Investment. Specific content as follows:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
_______________________
…., day month Year….
APPLICATION FOR BUSINESS REGISTRATION
PRIVATE ENTERPRISE
Dear: Business Registration Office of the province, city ……
I am 1 (write my name in capital letters): ……………………. Gender: ……
Date of birth: …../…./…. Ethnic nationality: ……..
Types of legal documents of individuals:
□ Identity card □ Citizen ID card
□ Passport □ Other (specify): ….
Number of legal papers of the individual: ………………………………………………………………………………………………
Date and place of issue:…………………… ; Expiration date (if any): …..
Permanent address:
Number of houses, niches, alleys, alleys, streets/groups/hamlets/hamlets/villages: ……………………..
Commune/Ward/Town:………………………………………………………..
District/District/Town/City City in the province: ………………………………………………………..
Province/City: ………………………………………………………………………………………………..
Contact address:
Number of houses, niches, alleys, alleys, streets/groups/hamlets/hamlets/villages: …………………………………………………….
Commune/Ward/Town:…………………………………………………….
District/District/Town/Provincial City: ……………………..
Province/City: ………………………………………………………………………………………………..
Phone (if any): ……………….. Email (if any): …………………….
Register a sole proprietorship owned by me with the following contents:
1. Status of establishment (mark an X in the appropriate box):
New establishment
Established on the basis of conversion from business households2 □
Established on the basis of conversion from a social protection/social fund/charity fund3
2. Business name:
Business name written in Vietnamese (in capital letters):……………………..
Enterprise name written in foreign language (if any):………….
Abbreviated business name (if any): …………………………………………………….
3. Head office address:
Number of houses, niches, alleys, alleys, streets/groups/hamlets/hamlets/villages: ……………………..
Commune/Ward/Town:……………………………………………………………………………………………….
District/District/Town/Provincial City: ……………………..
Province/City: ………………………………………………………………………………………………..
Phone: ………………………………………………………. ..Fax (if any);…………
Email (if any):……………………………………………………. Website… (if any): …………
– The enterprise is located in (Tick an X in the corresponding box if the enterprise’s registered office address is located in an industrial park/export processing zone/economic zone/high-tech zone):
Industrial Park
Export processing zone
Economic Zone
Hi-tech Park
□ Social enterprise (Pick an X in the box if it is a social enterprise)
4. Business lines (insert name and code according to industry level 4 in the Economic System of Vietnam):
| STT | Industry name | Industry code | Main lines of business (mark an X to choose one of the declared lines) |
5. Investment capital:
Investment capital (in numbers; VND): …….
Investment capital (in words; VND):…………………………………………………….
Equivalent value in foreign currency (if any, in numbers, foreign currency):………….
Is information about the equivalent value in foreign currency displayed on the Certificate of Business Registration? Yes No
Contributed assets:
| STT | Capital contribution property | Capital value of each asset in the investment capital(in numbers, VND) | Ratio (%) |
| first | Vietnamese Dong | ||
| 2 | Freely convertible foreign currency (specify the type of foreign currency, the amount to be contributed in each foreign currency) | ||
| 3 | Yellow | ||
| 4 | Land use rights | ||
| 5 | Intellectual property rights | ||
| 6 | Other assets (specify type of property, quantity and residual value of each type of property, which can be made into a separate list together with the business registration dossier) | ||
| total | |||
6. Tax registration information:
| STT | Criteria for tax registration information |
| 6.1 | Information about the Director/General Director (if any):Full name of Director/General Director:
Phone: |
| 6.2 | Information about Chief Accountant/In charge of accounting (if any):Full name of Chief Accountant/In charge of accounting:
Phone: |
| 6.3 | Address to receive tax notices (only declare if the address to receive tax notices is different from the address of the head office).Number of houses, niches, alleys, alleys, streets / nests / hamlets / hamlets:
Commune/Ward/Town: District/District/Town/City of Province: Province/City: Phone (if any):…………………….. …Fax (if any):…………….. Email (if any): |
| 6.4 | Starting date of operation4 (in case an enterprise is expected to start its operation from the date of issuance of the Certificate of Business Registration, this content is not required): …./…/…. |
| 6.5 | Accounting form (Tick an X in one of the two boxes “Independent accounting” or “Depending on accounting.” In case of integration, select the box “Independent accounting” that is subject to the preparation and submission of financial statements. consolidated to the competent authority according to regulations, check the box “Have consolidated financial statements”):□ Independent accounting Consolidated financial statements
□ Dependency Accounting |
| 6.6 | Financial year:Apply from the date …./…/…. to date …./…/….5
(insert date and month of the beginning and end of the accounting year) |
| 6.7 | Total number of employees (expected): |
| 6.8 | Operating under BOT/BTO/BT/BOO, BLT, BTL, O&M projects:Yes□ No |
| 6.9 | VAT calculation method (choose 1 of 4 methods):6Deduct
Directly on VAT Directly on sales No VAT |
7. Register to use invoice7
□ Print invoices yourself □ Order invoice printing
□ Using e-invoices Buying invoices from tax authorities
8. Information on payment of social insurance8:
Social insurance payment method (choose 1 of 3 methods):
□ Monthly Every 3 months Every 6 months
Note:
– Enterprises that register their main business lines as agriculture, forestry, fishery, salt production and pay wages by product or by contract: can choose 1 of 3 methods of payment of social insurance; monthly, every 3 months, every 6 months.
– Enterprises registering other main business lines: tick the method of monthly social insurance payment,
9. Information about the converted business household (declared only in case of establishment of an enterprise on the basis of conversion from a business household):
Name of business household (in capital letters):………………………………………………………….
Business household registration certificate number: ……………………..
Date Range:……….. /………. /….. Issued by:…………………………………………………………………..
Tax code of household business (only declare 10 digit MST): …………………………………………………….
Address of the head office of the household business, …………………………………………………….
Name of business owner: …………………………………………………………………………………………
Type of individual’s legal papers (declared according to the individual’s legal papers recorded on the business household’s tax registration certificate):
□ Identity card □ Citizen ID card
□ Passport □ Other (specify): ……
Number of legal papers of the individual (declared according to the individual’s legal papers recorded on the tax registration certificate of the business household): ……………………………………………………. …………………….
Date and place of issue:……………………. Expiration date (if any):…/…/…
10. Information about the converted social protection establishment/social fund/charity fund (declared only in case of establishment of a social enterprise on the basis of conversion from the social protection establishment/social fund) association/card fund):
Name of social protection establishment/social fund/charity fund (in capital letters):……………………..
Number of Certificate of establishment registration (For social protection establishments)/Number of establishment license and recognition of fund charter (For social funds/charity funds): …………………… ……………………. Date and place of issue: ……………………………….
Tax code of social protection establishment/social fund/charity fund (only declare MST 10 numbers):..
Head office address: …………………………………………………………………………………………..
Name of the representative of the social protection establishment/social fund/charity fund:……………………..
Type of legal documents of the individual (declared according to the legal papers of the individual recorded on the tax registration certificate of the social protection establishment/social fund/charity fund):
□ Identity card □ Citizen ID card
□ Passport □ Type, other (specify): …..
Number of legal papers of the individual (declared according to the individual’s legal papers recorded on the tax registration certificate of the social protection establishment/social fund/charity fund):
Date Range: …/…/…. Place of issue ….. Expiration date (if any): …/…/…
In case the enterprise registration dossier is valid, please publish the business registration contents on the national business registration portal.
I commit to:
– You are not prohibited from establishing and managing an enterprise as prescribed in the Law on Enterprises, you are not the owner of another private enterprise, you are not the owner of a business household, or you are not a member of a partnership;
– The head office of the business is under my legal ownership/use right and is used for the right purposes in accordance with the law;
– Use self-printed invoices, ordered printed invoices, electronic invoices, buy invoices from tax authorities in accordance with the provisions of law9;
– Take responsibility before law for the legality, accuracy and truthfulness of the above business registration content.
| PRIVATE BUSINESS OWNER(Signature and full name)10 |
3. How to declare the application form for the establishment of a private enterprise
According to the content of the above proposal, you need to pay attention to declare information to ensure the following contents:
1 In case the Court or Arbitration appoints a person to carry out the enterprise registration procedure, the appointed person shall declare information in this section.
2.1 In case of registration of establishment of a private enterprise on the basis of conversion from a business household/social protection establishment/social fund/charity fund via electronic information network, the applicant shall scan the Certificate of business household registration/Certificate of establishment registration (for social protection establishments)/Establishment license and recognition of fund charter (for social/charity funds) in the application file register an enterprise via the electronic information network and directly submit the original of this Certificate to the Business Registration Office for issuance of the Certificate of Business Registration in accordance with the provisions of Articles 27 and 28 of Decree No. /ND-CP dated January 4, 2021 of the Government on business registration.
2 In case an enterprise is granted an enterprise registration certificate after the declared start date of its operation, the operation start date is the date the enterprise is granted an enterprise registration certificate.
3– In case the accounting year is according to the calendar year, record from January 1 to December 31.
– In case the accounting year according to the fiscal year is different from the calendar year, write the beginning date and month of the accounting year as the first day of the quarter; The end of the accounting year date and month is the last day of the quarter.
– The total period from the beginning to the end of the accounting year must be full 12 months or 4 consecutive quarters.
4 Only declare in case of new establishment. Enterprises shall base themselves on the provisions of the law on value-added tax and their business plans to determine one of four methods of calculating value-added tax in this indicator.
5 Enterprises are responsible for ensuring the conditions for the use of self-printed, ordered invoices, e-invoices, and purchase invoices from tax authorities in accordance with law. Do not declare in case of establishment of an enterprise on the basis of enterprise transformation.
6 Do not declare in case of establishment of an enterprise on the basis of enterprise transformation.
7 Do not declare in case of establishment of an enterprise on the basis of business transformation.
8 Private business owners sign this section directly.
In case the Court or Arbitrator appoints a person to carry out the enterprise registration procedure, the appointed person shall sign this section directly.
For detailed advice on the form of application for setting up a private enterprise and using the service of setting up a business, please contact MVA Vietnam Accounting and Auditing Company Limited at the following address. down here.
- MVA Vietnam – Success Comes From Difference
- MVA VIETNAM IS A LEADING COMPANY IN BUSINESS BUYING AND SELLING, ACCOUNTING SERVICES, AUDITING, AND BUSINESS LAW. YOUR TRUSTED BUSINESS DESTINATION