SETTING UP COMPANY IN VIET NAM

Establishing a business is the initial step for individuals and organizations to conduct business activities legally. However, for the company to operate in reality, it must also complete other procedures such as tax procedures, invoicing, digital signatures, etc. LHB Law Firm offers business establishment services in Vietnam. Customers in need of direct consultation, please contact the Hotline: +84.969.088.118 (Zalo) for legal advice and support

Lawyers Supporting Business Establishment in Vietnam

LHB Law Firm is a law practice organization founded by experienced lawyers specializing in fields such as Labor, Commerce, Civil, Land, Corporate, Marriage and Family, etc.

Currently, LHB Law Firm provides services related to business establishment in Vietnam, such as:

Consulting on Business Forms

Consulting on the selection of a business entity is an important step in the process of establishing a business, as the type of business entity will affect many key factors such as legal liability, taxes, management, and the ability to raise capital.

When consulting on the selection of a business entity, LHB Law Firm helps business owners understand the advantages and disadvantages of each type, enabling them to make the most suitable decision for their business goals and specific circumstances.

Preparation and Drafting of Documents

Lawyers play an important role in drafting the legal documents for a business, ensuring that all necessary materials are accurate, complete, and in compliance with current legal regulations.

During the process of establishing a business, LHB Law Firm’s lawyers draft the required documents and paperwork such as the company’s charter, the application for a business registration certificate, the list of members/shareholders, and other related documents.

Business Registration

Carry out the procedures for registering a business with the Department of Planning and Investment, including submitting documents and receiving the business registration certificate.

Consultation on Post-Establishment Procedures

To begin business operations, lawyers will support and advise on the necessary procedures after company establishment to ensure the business fully complies with legal regulations and can operate smoothly. Below are the procedures and tasks that lawyers typically advise and support after company establishment:

• Public announcement of business registration content;
• Registration of the company seal;
• Opening a bank account;
• Registration of a digital signature;
• Initial tax declaration;
• Registration for social insurance;
• Registration of labor and collective labor agreements (if any);
• Application for additional permits (if any).

Consultation on Legal and Tax Policies

Taxes are one of the most complex issues in business operations. In the context of increasing laws and regulations regarding tax non-compliance penalties, timely identification of affecting issues and early compliance will help businesses effectively manage tax risks at optimal costs.

With this objective in mind, LHB Law Firm provides the following services related to tax legal policies:

• Consulting on tax payment procedures
• Consulting on tax declaration
• Consulting on Value Added Tax (VAT) refund procedures
• Consulting on tax finalization and financial reporting
• Consulting on tax exemption and reduction procedures
• Consulting on regulations regarding the use of invoices and vouchers
• Consulting on complaints and denunciations in the tax field
• Consulting on handling violations in the tax field
• Guiding self-calculation, self-declaration, and self-payment of taxes for business owners.

Consultation and Support on Labor and Contracts

Assistance in drafting and managing labor contracts, commercial contracts, and other types of contracts related to business activities.

Contact a business lawyer in Vietnam at hotline: +84.969.088.118 (Zalo).

Service Fees for Business Establishment

Currently, LHB Law Firm offers a range of legal services nationwide. The service fees for business establishment by LHB Law Firm are as follows:

Service Fees for Business Establishment in Vietnam
No	Services	Fee
1	Receiving Information and Guiding Procedures for Lawyers	Free
2	Direct or Telephone Consultation with a Lawyer	50 USD/hour
3	Written Consultation by a Lawyer	Từ 100 USD/hour
4	Issuance of Business Registration Certificates in Vietnam	Agreement
5	Regular Business Consultation by a Lawyer	Agreement
6	Consultation on Post-Registration Procedures by a Lawyer	Agreement
7	Internal Management Consultation for Businesses	Agreement
8	Legal Consultation on Land Issues for Businesses	Agreement
9	Legal Consultation on Financial Matters for Businesses	Agreement
10	Legal Consultation on Tax for Businesses	Agreement

Lawyer Service Fees in Vietnam: Hotline +84.969.088.118 (Zalo).

Business Establishment Documents in Vietnam

For a Single-Member Limited Liability Company:

• Application for Business Registration
• Company Charter
• Valid Copy of One of the Personal Identification Documents of the Company Owner (ID card/Citizen ID/Passport)
• List of Authorized Representatives and Valid Copies of Personal Identification Documents of Each Authorized Representative

Business Establishment Documents in Vietnam

For a Limited Liability Company with Two or More Members:

• Application for Business Registration
• Company Charter
• List of Members
• Valid Copies of Personal Identification Documents of the Members
• Valid Copy of the Decision on Establishment, Business Registration Certificate, or Equivalent Document of the Organization and the Authorization Document

For a Joint-Stock Company:

• Application for Business Registration
• Company Charter
• List of Founding Shareholders and Foreign Investors
• Valid Copies of Personal Identification Documents of Shareholders
• Valid Copy of the Decision on Establishment, Business Registration Certificate, or Equivalent Document of the Organization and the Authorization Document

Contributions to Capital

Contributions involve members or shareholders of a company contributing assets to form the company’s charter capital. Contributed assets can include money, property, land use rights, intellectual property rights, and other property rights. Below are common types of contributed assets and related regulations:

Types of Contributed Assets

• Cash
  • Vietnamese currency or freely convertible foreign currency.
• Property
  • Fixed assets such as machinery, equipment, transportation vehicles, and factory buildings.
  • Goods and raw materials.
• Land Use Rights
  • Legal land use rights, including land leased with a one-time payment for the entire lease period.
• Intellectual Property Rights
  • Copyrights, industrial property rights, and plant variety rights.
• Other Property Rights
  • Debt collection rights, rights to exploit natural resources, and other property rights as stipulated by law.

Process and Procedures for Business Establishment

The process of establishing a business is carried out by LHB Law Firm through the following steps:

Steps for Business Establishment

Step 1: Prepare Company Formation Documents

Once the lawyer has received all necessary information and provided consultation on company name, company headquarters, planned business activities, information on founding members and shareholders, company charter capital, and legal representatives, the client finalizes the details and sends them to LHB Law Firm for document preparation.

Step 2: Submit Documents for Client Signature

Based on the information provided by the client, LHB Law Firm will offer legal advice, draft the company formation documents, and send them to the client for signature within 1 working day from receiving complete information.

Step 3: Submit Company Formation Documents and Pay Announcement Fees

• LHB Law Firm will submit the application for the business registration certificate through the National Business Registration Portal.
• Completion time: 3 working days.

Step 4: Receive Business Registration Certificate

• After 3 working days, the client will receive the business registration certificate. Since the certificate is delivered by mail, it may take slightly longer to receive due to the delivery process.

Step 5: Company Seal (Round Stamp) Creation

• Once the business registration certificate is obtained, which also serves as the company’s tax identification number, LHB Law Firm will proceed to create the company seal.
• Completion time: On the same day the business registration certificate is issued.
• According to the 2020 Enterprise Law, effective from January 1, 2021, companies are responsible for creating their own seals and managing their use.

Step 6: Complete and Transfer Results to Client and Guide Post-Establishment Procedures

• If you opt for LHB Law Firm’s full-service company formation package, we will represent you throughout the 6 steps mentioned above. You will only need to receive the completed results and receive support for post-establishment procedures and legal advice.

Enterprise Management and Operations Support Services

LHB Law Firm is a reputable legal consulting firm in the field of business in Vietnam. With a team of knowledgeable and experienced lawyers and legal experts, LHB Law Firm can advise and assist clients in resolving legal issues arising during the establishment of a business, as well as during its operations. This ensures that the business is formed and operates smoothly and efficiently.

We offer a range of services to support businesses in the following areas:

• Company  Establishment: Consulting on choosing the type of business entity, registering the business, and preparing legal documents.
• Contracts: Drafting, reviewing, and negotiating business contracts, including employment contracts, sales contracts, service contracts, and other types of contracts.
• Intellectual Property: Protecting trademarks, copyrights, patents, and other intellectual property rights.
• Tax and Accounting: Advising on tax issues, tax planning, and ensuring compliance with tax regulations.
• Labor and Human Resources: Consulting on labor laws, resolving labor disputes, drafting workplace regulations, and handling HR-related issues.
• Dispute Resolution: Representing businesses in lawsuits, resolving business disputes, and participating in legal proceedings.
• Legal Compliance: Ensuring businesses comply with legal regulations, preparing reports, and addressing daily legal issues.
• Business Restructuring: Consulting and supporting mergers, acquisitions, restructuring, or dissolution of businesses.
• Finance and Investment: Advising on financial issues, investment, fundraising, and complex financial transactions.
• International Law: Advising on legal issues related to international business activities, including import-export, international contracts, and compliance with international regulations.