More than 10 years of experience in implementing consulting on the dossier for establishing a joint stock company. Viet My company is confident in solving all the questions when starting a business. If you have any questions about the company profile or background of establishing the company. If you need advice on how to use low-cost and legal business start-up services to avoid making mistakes that will lead to future fines, please contact the legal experts of Vietnam America. Please refer to the details of the package company establishment service.

1. Consulting on the dossier for establishing a joint stock company in 2024

According to Decision 855/QD-BKHĐT, the dossier for establishing a joint stock company includes the following documents:

• Business registration form.
• Draft of the company charter (full name, signature of the founding shareholder if an individual, legal representative or authorized representative of the founding shareholder if an organization).
• List of founding shareholders
• Commitment to implementing social and environmental goals (for social enterprises).
• Decision of the competent authority allowing the conversion of a social protection facility, social fund, charity fund into a social enterprise. (When converting a social protection agency, social fund, charity fund into a social enterprise).
• Valid copies of the following documents:
  • Valid identity card/citizen identification card or passport of the shareholder.
  • Business Registration Certificate and power of attorney with personal identification documents of the authorized representative of the organization.
  • Investment Registration Certificate for companies owned by foreign investors or foreign-invested economic organizations

In cases where the request is not made directly by the company owner, the authorized person must provide a valid copy of one of the following identification documents:

• For Vietnamese people, provide a valid identity card/citizen identification card or passport.
• For foreigners, provide a valid foreign passport or document in lieu of a valid foreign passport and attach a notarized or authenticated authorization document for the individual to carry out steps related to business registration.

2. Minimum capital for establishing a joint stock company in 2024

The capital of a joint stock company is the total nominal value of the shares sold. Currently, there are no regulations on the minimum and maximum share capital when registering to establish a joint stock company. Therefore, the Company will choose an appropriate registered capital level according to the capital allocation and investment plan so as not to delay the investment progress.

Payment for the purchase of registered shares at the time of registration for establishment of the company

Shareholders must fully pay for the number of shares auctioned within 90 days from the date of issuance of the Certificate of Business Registration, unless the Company Charter or the share registration agreement stipulates a shorter period. When shareholders contribute assets, the time required for transporting import and export goods and paperwork for transferring ownership of assets shall not be included in this contribution period. The Board of Directors is responsible for supervising shareholders and requiring shareholders to pay in full and on time the registered shares.

Within the period from the date the company is granted the Certificate of Business Registration until the last day to pay in full the registered shares as prescribed in Clause 1 of this Article, the number of voting rights held by the company, unless otherwise provided in the company charter, the number of common shares sold will be applied.

In case a shareholder fails to pay or only pays a part of the registered shares after the deadline prescribed in Clause 1 of this Article, the following provisions shall apply:

• A shareholder who has not paid for the registered shares is of course no longer a shareholder of the company and is not allowed to transfer the right to buy these shares to another person.
• A shareholder who buys voting rights by paying only a small part of the registered shares, and receives dividends and other rights according to the number of shares paid. The right to buy unpaid shares cannot be transferred to another person.
• Unpaid shares are considered unsold shares and the Board of Directors has the right to sell them.
• Within thirty (30) days from the due date for full payment of the subscribed shares as prescribed in Clause 1 of this Article, the Company shall declare an adjustment of the share capital to the par value of the subscribed shares. Full payment unless outstanding shares are sold during this period; registration of change of founding shareholders.

Legal impact of timely investment at the time of establishment

• Shareholders who do not pay for the subscribed shares shall automatically lose their ownership of shares in the Company. In addition, the right to purchase such shares shall not be transferred to others.
• Shareholders who only pay a portion of the subscribed shares shall receive voting rights, dividends and other rights corresponding to the number of shares paid. The right to purchase unpaid shares shall not be transferred to others.
• Unpaid shares are considered unsold shares and the Board of Directors has the right to sell them.

3. Procedures for establishing a joint stock company in 2024

According to Decision 855/QD-BKHĐT, the process of establishing a joint stock company is carried out in 3 steps:

Step 1: Submitting documents

There are 02 ways to submit documents, specifically:

• Method 1: Submit documents directly to the Business Registration Office under the Department of Planning and Investment where the enterprise has its head office.
• Method 2: Register online at the National Business Registration Information Portal with a public digital signature or using a business registration account.

Step 2: Receive and process

In case of submitting documents directly:

• The legal representative/business registration agency must submit the business registration documents to the Business Registration Office and pay the business registration fee.
• Upon receiving the documents, the Department of Trade will issue a receipt for the documents. Upon receipt of a complete and valid application, the Department of Trade will issue a Business Registration Certificate.
• If the Business Registration Certificate is refused, the Trade Licensing Office will notify you in writing.

When submitting an application online using a public digital signature:

• The legal representative/Authorized person shall follow the procedures on the National Business Registration Portal to provide information, download electronic documents and electronically sign the electronic registration application.
• Once the registration documents have been submitted, the legal representative shall receive an electronic confirmation of receipt of the company registration documents.
• If the application is valid, the Department of Trade will send the information to the tax authority and automatically generate a trade code. After receiving the company code from the tax authority, the Trade and Licensing Office will issue a business registration certificate and notify the company.

If the application is invalid, the Business Registration Office will send a notice requesting changes or additions to the application.

If you submit your application online through a business registration account:

• The legal representative/publishing agency obtains a business registration account by downloading electronic documents or identification documents from the National Business Registration Information Portal.
• The legal representative/authorized person uses the business registration account to declare information online, download electronic documents, and authenticate business registration documents
• If the documents are not valid, they will request changes or additions. If valid, the Business Registration Office will send information to create a company code to the tax authority and notify the company after receiving the code from the tax authority.
• Upon receiving the notification, the legal representative submits the paper business registration documents to the Business Registration Office or by post.

Step 3: Receive results

The processing time for the application is three working days from the date of receipt of a complete and valid application.

Processing fee:

• 50,000 VND/application submitted directly to the Business Registration Office of the Department of Planning and Investment (according to Circular 47/2019/TT-BTC).
• Exemption from fees when registering online.

4. Consulting on the dossier for establishing a joint stock company service in 2024

With a solid legal foundation and experience in successfully registering hundreds of companies in general, especially listed companies, our team of lawyers always strives to achieve the best results for customers in the shortest time and at the most reasonable cost. ensure that we will provide. For us, customer satisfaction is the guiding principle of our operations.

4.1 Contents of consulting service for the establishment of a joint stock company

We will advise you on the necessary information about consulting service for the establishment of a joint stock company, on the initial procedures for establishing a joint stock company and what you need to know about a joint stock company. Consulting on company name, company address, departments, capital, legal representative and all other related issues before establishing a public company.

You do not need to travel until you complete all the documents, submit the documents and receive the results. This is the most time and cost effective.

Viet My has more than 10 years of experience in the legal field in general and the field of company establishment in particular. Coming to our company establishment service package at Viet My, you will get:

• Consulting business owners to choose the appropriate type of company.
• Look up the company name according to regulations.
• Consulting on the requirements that the head office must meet.
• Consulting and supporting business registration according to actual needs and conditions.
• Guidance on choosing appropriate seed capital.
• Consulting on the requirements that the legal representative must meet.
• Consulting on the rights and obligations of shareholders in the company/enterprise.
• Drafting the company charter
• List of members/shareholders (if any),
• We will apply for a business registration certificate on your behalf.
• Carving the company’s round seal and posting the seal sample on the National Registration Information Portal.
• Posting information on company establishment on the National Registration Information Portal.
• Consulting and providing legal support before and after company establishment,
• We advise on legal procedures related to the company within two months after establishment.

4.2 Why choose Viet My’s joint stock company registration service

Viet My is a leading law firm in Vietnam with many years of experience in the field of corporate law, especially in the field of joint stock company registration.

To minimize risks for customers in the process of establishing a joint stock company, we recommend that you use Viet My Company’s full-package company registration service. This is for the following reasons:

Experience and expertise:

Viet My has a team of experienced and professionally trained corporate lawyers. This ensures that public company registration services are performed with extensive knowledge and expertise.

Speed ​​and convenience:

Viet My strives to register public companies quickly and efficiently, and provides support services such as consulting, answering questions, tax registration, business licenses, etc.

Reasonable cost:

Viet My commits to providing public company registration services at reasonable and competitive costs in the market. This allows new businesses to save costs while still ensuring service quality.

Ensuring legality:

Viet My commits to ensuring the legality of public company registration procedures and providing appropriate solutions to resolve legal issues during the company’s operations.

Support after establishment:

Viet My provides post-establishment support services, including consulting on corporate finance, accounting, tax and other issues related to the company’s operations.

Therefore, when customers use Viet My Company’s full-package company registration service, they will not have to worry about whether they have fully met the conditions for establishing a joint stock company or not. Is my profile missing any documents? How to contact the tax authorities after establishing a company?…We will take responsibility for all these issues for you.

Currently, there are many units providing consulting on the dossier for establishing a joint stock company services. At VIET MY LAW AND ACCOUNTING, we have nearly 10 years of experience in the field of startup services and we always try our best with enthusiasm and friendly advice to ensure the success of consulting services to satisfy customers. We will help you start a business and carry out tax procedures in the most professional and easy-to-understand way.