Order and Procedures for Enterprise Registration

Order and Procedures for Enterprise Registration

1. The enterprise founder or an authorized representative shall carry out enterprise registration with the Business Registration Authority through the following methods:

a) Direct registration at the Business Registration Authority;
b) Registration via postal services;
c) Registration via electronic information network.

[Guidance on Clause 1 – Article 12 of Decree No. 168/2025/ND-CP – Authorization for Carrying Out Enterprise Registration Procedures

The person having the authority to sign the application for enterprise registration may authorize another organization or individual to carry out the enterprise registration procedures as follows:

1. Where authorization is granted to an individual, the enterprise registration dossier must be accompanied by a written power of attorney authorizing that individual to perform matters related to enterprise registration. Such power of attorney is not required to be notarized or certified.

2. Where authorization is granted to an organization, the enterprise registration dossier must be accompanied by a copy of the authorization contract, together with an authorization letter or assignment document from that organization to the individual directly performing the enterprise registration procedures.

3. Where authorization is granted to a public postal service provider to perform the enterprise registration procedures, the postal employee must submit a copy of the delivery receipt (using the form issued by the public postal service provider) bearing the signatures of both the postal employee and the person authorized to sign the enterprise registration application.

4. Where authorization is granted to a non-public postal service provider to perform the enterprise registration procedures, the authorization shall comply with Clause 2 of this Article.

5. The authorizing party and the authorized party shall bear legal responsibility for the legality, truthfulness, and accuracy of the authorization. Both the authorizing party and the authorized party must authenticate electronically to obtain enterprise registration. Where electronic authentication is interrupted, the authorizing party shall complete the authentication after the enterprise registration has been issued. Where the authorizing party either fails to confirm or confirms that authorization has not been granted, the provincial-level Business Registration Authority shall request the enterprise to report in accordance with Clause 5, Article 21 of this Decree.

In cases where an electronic identification account is not yet available for electronic authentication, the enterprise registration dossier must be accompanied by a copy of the Identity Card, Citizen Identity Card, Passport, or foreign passport (or equivalent valid travel document) of the authorizing party.]

2. Enterprise registration via electronic information network means the enterprise founder submits the enterprise registration dossier through the electronic information network at the National Enterprise Registration Portal. The electronic enterprise registration dossier shall consist of data prescribed by this Law and expressed in electronic documents. The electronic enterprise registration dossier shall have the same legal validity as the paper-based enterprise registration dossier.

[Guidance on this Clause – Chapter IV of Decree No. 168/2025/ND-CP – Enterprise Registration via Electronic Information Network

Article 37. Enterprise Registration via Electronic Information Network

1. Enterprise registration via electronic information network means that the enterprise founder or enterprise uses an electronic identification account to carry out enterprise registration through the National Enterprise Registration Portal.

2. The provincial-level Business Registration Authority shall facilitate access to information and the implementation of enterprise registration via the electronic information network.

Article 38. Dossier for Enterprise Registration via Electronic Information Network

1. The dossier for enterprise registration via electronic information network shall include all documents prescribed by the Law on Enterprises and this Decree, expressed in electronic form. The electronic dossier shall have the same legal validity as the paper dossier.

2. The electronic enterprise registration dossier must satisfy the following requirements:
a) It must contain all documents and all contents as required in the paper dossier, presented in electronic form;
b) Information declared on the National Enterprise Registration Portal must be complete and accurate, consistent with the dossier;
c) The dossier must include the telephone number and email address of the applicant as declared on the Portal;
d) The electronic dossier must be digitally signed or electronically authenticated by the person authorized to sign the enterprise registration application, or by the person authorized by the authorized signatory to carry out the procedures. Where authorization is granted, the dossier must be accompanied by the documents specified in Article 12 of this Decree, in electronic form pursuant to Clause 9, Article 3 of this Decree.

3. If the dossier is received on the National Enterprise Registration System after working hours, or on weekends, holidays, or Tet holidays, the statutory time limit for resolving the registration procedure shall be calculated from the next working day.

Article 39. Order and Procedures for Enterprise Registration via Electronic Information Network

1. The applicant shall use the electronic identification account to log in to the National Enterprise Registration Portal, fill in information, upload electronic documents, digitally sign or authenticate the dossier, and pay fees and charges as required by the Portal.

2. Upon submission, the applicant shall receive an electronic receipt of dossier submission and appointment for result notification through his/her account.

3. Enterprise registration information on the National Enterprise Registration System shall be transmitted to the Tax Registration Application System to enable coordination and exchange of information between the provincial-level Business Registration Authority and the Tax Authority.

4. If the dossier meets the conditions for enterprise registration, the provincial-level Business Registration Authority shall issue enterprise registration and notify the enterprise thereof. If the dossier does not meet the conditions, the Authority shall notify the enterprise via the electronic information network to request amendment or supplementation. The applicant shall log in to the National Enterprise Registration System to receive feedback on the dossier.

5. The enterprise founder or enterprise may discontinue the electronic enterprise registration procedure as prescribed in Clause 6, Article 31 of this Decree.]

3. Repealed.

4. Repealed.

5. Within 03 working days from the date of receipt of the dossier, the Business Registration Authority shall review the validity of the enterprise registration dossier and issue enterprise registration; where the dossier is invalid, the Authority must notify in writing the matters requiring amendment or supplementation to the enterprise founder. If enterprise registration is refused, the Authority must notify the enterprise founder in writing, clearly stating the reasons.

[Guidance on this Clause – Article 32 of Decree No. 168/2025/ND-CP – Notice Requiring Amendment or Supplementation of Enterprise Registration Dossier

1. Where the dossier is invalid, or the proposed enterprise name does not comply with regulations, or the information declared is inconsistent, the provincial-level Business Registration Authority shall notify the enterprise founder or enterprise in writing of the matters requiring amendment or supplementation within the time limit prescribed by the Law on Enterprises and this Decree. All requests for amendment or supplementation concerning a dossier shall be consolidated in a single notice.

2. If, after the prescribed time limit, enterprise registration has not been granted and no notice has been received, the enterprise founder or enterprise shall have the right to lodge complaints or denunciations in accordance with the law on complaints and denunciations.

3. The time limit for an enterprise to amend or supplement its dossier is 60 days from the date the Authority issues the notice. Upon expiry of this time limit without amendment or supplementation, the enterprise registration dossier shall become invalid. The provincial-level Business Registration Authority shall annul the dossier on the National Enterprise Registration System.]

6. The Government shall stipulate the dossier, order, procedures, and inter-agency coordination in enterprise registration, including enterprise registration via electronic information network.

Legal grounds:

• Article 26, Law on Enterprises 2020;

• Articles 12, 32, Chapter IV, Decree No. 168/2025/ND-CP on enterprise registration;

• Points a, b, Clause 12, Article 1, Law amending and supplementing the Law on Enterprises 2025.