BINH PHUOC PUBLIC SERVICES PORTAL
BINH PHUOC PROVINCE
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Service Name: Registration of establishment of Limited Liability Company with two or more members

INFORMATION SERVICES (SETTLEMENT TIME: 30 WORKING DAY)

APPLY

* In case of direct registration:

- Step 1: The founder of the enterprise or the person authorized to carry out business registration procedures shall submit an enterprise registration dossier to the Receiving Department of the Department of Planning and Investment at the Provincial Public Service Center . Address 727, QL14, Tan Binh Ward, Dong Xoai City, Binh Phuoc Province and pay the enterprise registration fee at the Provincial Public Service Center or via the public postal service.

- Step 2 (Maximum time of 1.8 working days):

+ In case of receiving a complete and valid file, Business Registration Office organizes the appraisal and issues the certificate of enterprise registration.

+ If refusing to grant an enterprise registration certificate, the Business Registration Office will notify the enterprise founder in writing.

- Step 3 (Maximum time of 0.2 working days): The Business Registration Office shall transfer the results to the Department of Results of the Public Administration Service Center of the province to return results to organizations and individuals.

* For online electronic registration using public digital signatures:

- Legal representative declares information, downloads electronic documents and digitally signs them into electronic registration documents according to the procedure on National Business Registration Portal (Address: https: // dangkyquamang .dkkd.gov.vn).

- After completing the submission of registration documents, the legal representative will receive a receipt of enterprise registration documents online.

- In case the application is not valid, the Business Registration Office sends an electronic notification to the enterprise to request the modification and supplement of the application.

- In case the application is eligible for the Certificate of enterprise registration, the Business Registration Office shall send the information to the tax authority to automatically generate the enterprise ID. After receiving the business identification number from the tax authority, the Business Registration Office issues the enterprise registration certificate and notifies the enterprise about the issuance of the enterprise registration certificate.

* In case of online registration using business registration account:

- The legal representative declares information and downloads electronic documents of the personal identification papers at the National Business Registration Portal to be granted a business registration account. Address: https://dangkyquamang.dkkd.gov.vn

- The legal representative uses the business registration account to declare information, download electronic documents and verify the online enterprise registration application according to the procedure on the National Portal for posting. Business registration (https://dangkykinhdoanh.gov.vn).
- After completing the submission of the application for registration, the founder of the enterprise will receive a receipt of enterprise registration document online.

- Business Registration Office is responsible for reviewing and sending an online notification to the enterprise to request amendments and supplements to the file in case the application is not valid. When the application has met the conditions for issuance of the Business Registration Certificate, the Business Registration Office shall send the information to the tax authority to generate the enterprise ID. After receiving the business identification number from the tax authority, the Business Registration Office shall notify the enterprise via electronic of the enterprise registration certificate.

- After receiving the notice of issuance of the enterprise registration certificate, the legal representative shall submit a set of business registration dossiers using a paper copy enclosed with the receipt of the enterprise registration dossier online. to the Provincial Public Service Center. The legal representative may submit an application for enterprise registration directly by paper and receipt of enterprise registration application via electronic network at the Provincial Public Service Center or submit by post.

- After receiving the paper-based dossier, the Business Registration Office shall compare the item headings with the headings of the enterprise dossiers sent online and hand the enterprise registration certificate to the enterprise if the content unified comparison.

- If past the 30-day time limit from the date of sending the notice of the grant of an enterprise registration certificate, the business registration office does not receive a paper dossier, the enterprise's electronic registration dossier is no longer available. validity.

- The legal representative is responsible for the completeness and accuracy of the paper submission compared to the online application. In case the dossier submitted in paper is not accurate compared to the dossier submitted via electronic network but the applicant did not notify the Business Registration Office at the time of submitting the paper dossier, it shall be considered as fake documents and will be handled according to the provisions of Clause 1, Article 63 of Decree No. 78/2015 / ND-CP.

b) Method of implementation:

The founder of the enterprise or the person authorized to carry out the enterprise registration procedure shall submit an enterprise registration application file directly to the Public Service Administration Center of the province where the enterprise is headquartered or its legal representative. Submit an online application for enterprise registration according to the process on the National Business Registration Portal (https://dangkykinhdoanh.gov.vn).

c) Composition, number of records:

- Profile components:

(first). Application form for enterprise registration;

(2). Company charter (with all signatures of the person establishing the enterprise);

(3). List of members (with full signatures)

(4). Valid copies of the following papers:

+ One of the personal identification papers specified in Article 10 of Decree No. 78/2015 / ND-CP in case the founder of an enterprise is an individual (specifically: For Vietnamese citizens: Identification card citizenship fee or valid Vietnamese identity card or passport; For foreigners: Foreign passport or valid papers substituting valid foreign passport);

+ Establishment decision or certificate of enterprise registration or other equivalent documents, one of the personal identification papers specified in Article 10 of Decree No. 78/2015 / ND-CP of the authorized representative rights (specifically: For Vietnamese citizens: valid citizen identification card or Vietnamese identity card or passport; For foreigners: Foreign passport or valuable papers replacing the household valid foreign passport) and corresponding authorization document in case the enterprise's founder is an organization;

+ The certificate of investment registration in case the enterprise is established or participated in establishment by a foreign investor or a foreign-invested economic organization in accordance with the Law on Investment and other documents. instruction.

(5). Valid copy of license or written approval of the State Bank of Vietnam in case of establishment of a credit institution.

(6) The original copy of the certificate of business household registration and a valid copy of the tax registration certificate in the case of business establishment registration on the basis of conversion from a business household.

- Number of files: 01 set

d) Time limit for settlement:

- In case of online registration: If past the 30-day time limit from the date of sending a notice of the grant of an enterprise registration certificate, the business registration office does not receive a paper dossier, the dossier shall apply. Electronic registration of enterprises is no longer valid. - Within 02 (two) working days from the date of receipt of complete and valid file.

e) Subjects of administrative procedures: Individuals, organizations, business households.

f) Agencies handling administrative procedures:

Agencies competent to decide on administrative procedures: Business Registration Office - Department of Planning and Investment.

g) Results of administrative procedures:

Business registration certificate / Notice of amendment and supplementation of enterprise registration documents

h) Fees:

- VND 100,000 / time, submitted at the time of filing if directly registered (Circular No. 130/2017 / TT-BTC dated December 4, 2017 amending and supplementing a number of articles of Circular No. 215/2016 / TT-BTC dated 10/11/2016). Exempting fees for online registration (Circular No. 215/2016 / TT-BTC).

- VND 300,000 / time (Fee of publishing content of enterprise registration, Circular 215/2016 / TT-BTC).

i) Name of the application form and declaration:

- Application form for registration of limited liability companies with two or more members (Appendix I-3, Circular No. 02/2019 / TT-BKHDT);

- List of members of limited liability company with two or more members (Appendix I-6, Circular No. 02/2019 / TT-BKHDT);

k) Performance requirements:

- Online application for enterprise registration is valid when fully meeting the following requirements:

(first). Having all the papers and contents of those papers, which are fully declared according to regulations, such as paper dossiers and being converted into electronic documents. The name of the electronic document must be corresponding to the name of the document type in the paper file.

(2). The business registration information is entered fully and accurately according to the information in the electronic documents.

(3). Online business registration documents must be authenticated by public digital signatures or business registration accounts of enterprises' representatives at law.

- Enterprises are granted enterprise registration certificates when fully meeting the following conditions:

(first). Lines of business registration is not prohibited from business investment;

(2). The name of an enterprise must comply with Articles 38, 39, 40 and 42 of the Law on Enterprises, noting a number of regulations, such as a name consisting of two elements (type + proper name); prohibitions in naming enterprises; business name in foreign language and abbreviated name of the enterprise; Identical names and confusing names.

(3). Having a valid business registration dossier (with all relevant papers for the type of enterprise as stated in the Components of dossier and contents of such documents are fully declared as prescribed by law). ;

(4). Pay business registration fees in full according to the law on fees and charges.

l) Legal grounds:

- Enterprise Law No. 68/2014 / QH13 dated November 26, 2014;

- Decree No. 78/2015 / ND-CP dated September 14, 2015 of the Government on enterprise registration; Decree No. 108/2018 / ND-CP dated August 23, 2018 amending and supplementing a number of articles of Decree No. 78/2015 / ND-CP; Decree No. 96/2015 / ND-CP dated October 19, 2015 of the Government detailing a number of articles of the Enterprise Law;

- Circular No. 20/2015 / TT-BKHDT dated December 1, 2015 of the Ministry of Planning and Investment guiding enterprise registration; Circular No. 02/2019 / TT-BKHDT dated January 8, 2019 of the Ministry of Planning and Investment amending and supplementing a number of articles of Circular No. 20/2015 / TT-BKHDT dated December 1, 2015 of the Ministry Planing and Investment; Circular No. 215/2016 / TT-BTC dated 10 November 2016 regulating the rates, collection, remittance, management and use of charges for provision of enterprise information and enterprise registration fees; Circular No. 130/2017 / TT-BTC dated December 4, 2017 amending and supplementing a number of articles of Circular No. 215/2016 / TT-BTC.