10 Points Guide to Enterprise Establishment Service in Vietnam

Establishing a business in Vietnam involves navigating a complex web of legal, regulatory, and administrative requirements.

To ensure a smooth and compliant business setup, many entrepreneurs turn to professional enterprise establishment service in Vietnam.

This service provides expert consultation and support in various aspects of company formation, helping both domestic and foreign investors achieve their business goals efficiently.

This guide explores in detail how this service can assist in the establishment, operation, and management of enterprises in Vietnam.

Consulting Legal Regulations for Establishment, Operation, and Management

The foundation of any successful business lies in its adherence to legal regulations. Enterprise establishment service in Vietnam offer comprehensive legal consultation to ensure businesses comply with all relevant laws.

This includes guidance on the establishment, operation, and management of enterprises. Professionals in this field stay updated with the latest legal changes, ensuring that clients receive accurate and timely advice.

Key Areas of Legal Consultation on Enterprise Establishment Service in Vietnam

Regulatory Compliance: Ensuring that the business meets all local regulatory requirements.
Operational Guidelines: Advising on legal aspects of day-to-day business operations.
Management Practices: Providing legal frameworks for effective business management.

Consulting on Personnel Structure

Setting up a robust personnel structure is crucial for the smooth functioning of a company. Enterprise establishment service in Vietnam assists in designing an efficient organizational structure that aligns with the company’s goals and legal requirements. This includes roles and responsibilities, hierarchy, and compliance with labor laws.

Personnel Structure Setup

Organizational Chart: Developing a clear organizational chart to define roles and reporting lines.
Compliance with Labor Laws: Ensuring that employment contracts and policies comply with Vietnamese labor laws.
HR Policies: Formulating HR policies and procedures to manage employees effectively.

Selecting Types of Enterprises

Choosing the right type of enterprise is a critical decision that impacts the business’s legal standing, tax obligations, and operational flexibility. Enterprise establishment service in Vietnam provides expert advice on selecting the most suitable type of enterprise based on the business goals and nature of operations.

Types of Enterprises

Joint Stock Company: Suitable for businesses planning to raise capital through shares.
Limited Liability Company (LLC): Ideal for small to medium-sized businesses.
Partnerships: For professional groups such as law firms and accounting firms.
Private Enterprises: Sole proprietorships for individual entrepreneurs.
Foreign-Invested Enterprises: Businesses with foreign capital involvement.

Choosing the Company Name

A company’s name is its identity in the market. Enterprise establishment services in Vietnam assists in selecting an appropriate and legally compliant name. This involves checking the availability of the name and ensuring it meets all regulatory criteria.

Name Selection Process

Name Availability Check: Ensuring the proposed name is unique and not already registered.
Regulatory Compliance: Making sure the name complies with Vietnamese naming regulations.
Branding Considerations: Advising on names that align with the company’s brand identity and market positioning.

Consulting on Head Office Location

The location of the head office is a strategic decision that affects the business’s operations and compliance requirements. Enterprise establishment service in Vietnam provides insights into choosing a suitable location for the head office, considering factors like legal compliance, accessibility, and business needs.

Head Office Setup

Location Analysis: Assessing potential locations based on business requirements and legal regulations.
Lease Agreements: Assisting in negotiating and drafting lease agreements.
Regulatory Approvals: Ensuring all necessary approvals and permits are obtained for the chosen location.

Consulting on Capital Requirements

Determining the appropriate capital structure is crucial for the sustainability and growth of a business. Enterprise establishment service in Vietnam offers guidance on capital requirements, including legal capital and investment capital, ensuring compliance with regulatory standards.

Capital Consultation

Legal Capital Requirements: Ensuring the business meets the minimum legal capital requirements as per Vietnamese laws.
Investment Planning: Advising on the optimal investment structure to support business operations.
Capital Registration: Assisting in the registration of capital with relevant authorities.

Consulting on Business Lines

Selecting the appropriate business lines is essential for defining the scope of operations and ensuring compliance with industry-specific regulations. Enterprise establishment service in Vietnam provides expert advice on choosing business lines, including those requiring legal capital or professional certifications.

Business Line Selection

Industry Analysis: Assessing the market and regulatory environment for potential business lines.
Compliance Requirements: Ensuring the chosen business lines comply with legal requirements, including necessary certifications and capital requirements.
Registration Process: Assisting in the registration of business lines with the relevant authorities.

Drafting Legal Dossiers for Company Setup

Drafting the necessary legal documents is a critical step in the business establishment process. Enterprise establishment service in Vietnam provide comprehensive support in preparing all required legal dossiers, ensuring compliance with Vietnamese laws.

Legal Document Preparation

Business Registration Request: Drafting the application for business registration.
Company Charter: Preparing the company’s charter, outlining its structure and operational guidelines.
Founders List: Compiling the list of founders and their respective shares or contributions.
Additional Documents: Preparing any other documents required by law, such as investment certificates and tax registrations.

Tax and Financial Consulting

Navigating tax regulations and managing financial obligations are crucial for the sustainability of a business. Enterprise establishment service in Vietnam offer expert consultation on tax issues and financial management, ensuring compliance and optimizing financial performance.

Tax and Financial Services

Tax Registration: Assisting in registering for tax codes with the Department of Planning and Investment.
Financial Obligations: Advising on financial obligations post-establishment, including corporate tax, VAT, and other statutory contributions.
Ongoing Support: Providing continuous support and updates on tax regulations and financial best practices.

Practical Support from Law Firms

In addition to consulting services, law firms in Vietnam offer practical support to ensure the smooth establishment and operation of businesses.

This includes preparing and submitting necessary documents, obtaining required certifications, and guiding clients through administrative procedures.

Key Support Services

Document Preparation and Submission: Drafting and preparing the enterprise establishment dossier as per regulations.
Registration Applications: Applying for business and tax codes registration with the Department of Planning and Investment.
Progress Monitoring: Monitoring the progress of applications and regularly updating clients.
Investment Certificates: Obtaining the Investment Certificate from the Department of Planning and Investment (DPI).
Seal Registration: Filing and registering the company seal with the Police Department.
Certification Acquisition: Obtaining the seal and the certificate of the seal from the Police Department.
Procedure Guidance: Guiding clients through necessary procedures with relevant state authorities.

Required Documents from Clients

To facilitate the business establishment process, clients are required to provide certain documents. These documents are essential for ensuring compliance with legal requirements and completing the registration process.

Client Documentation

Business Information Form: Completed form detailing the requested business information.
Identification Documents: Notarized copies of ID or passport of members or founding shareholders who are individuals.
Business Registration Documents: Copies of business registration or establishment decisions for members or founding shareholders who are organizations.

Establishing a business in Vietnam requires careful planning, adherence to legal requirements, and strategic decision-making.

Enterprise establishment service in Vietnam offers comprehensive support, from legal consultation and personnel structure setup to tax and financial management.

By leveraging the expertise and practical assistance provided by these services, entrepreneurs can navigate the complexities of business establishment with confidence and efficiency.

Whether you are setting up a joint stock company, a limited liability company, or any other type of enterprise, professional support can make the difference between success and failure in the competitive Vietnamese market.

The role of enterprise establishment service in Vietnam is indispensable for businesses looking to establish a strong and compliant presence in the country.

The service not only provides the necessary legal and regulatory guidance but also offer practical support to ensure that businesses can focus on their core operations and strategic growth.

With the right support, businesses can thrive in Vietnam’s dynamic and promising economic landscape.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.