This Circular guides the registration of business for financial leasing companies in Vietnam, including both foreign-invested companies and those with 100% domestic capital. The requirements for business registration documents and the time limit for issuing the business registration certificate are detailed.
适用范围
Financial leasing company (including both foreign-invested companies and those with 100% domestic capital).
要点
- Foreign-invested company → submit business registration documents to the Ministry of Planning and Investment, including the operating license from the State Bank, Certificate of Capital Subscription, Company Charter (if it is a joint venture company), Approval Document of the People's Committee of the province/city, Confirmation Document of Head Office Usage Rights, and Appointment Documents for positions.
- Domestic-capital company → register business according to current regulations for state-owned enterprises or Joint Circular No. 201/TT-LN of the State Bank and the State Economic Arbitration, if the company sets up a branch, it must have a branch establishment permit.
- A company that has been issued a business registration certificate → when there is a change in the content of its operating license, after being approved by the State Bank, must register the changes at the issuing authority.
- Within 15 days from the date of receiving valid documents, the Ministry of Planning and Investment will issue a business registration certificate for the company and its branches.
- Within 7 days from the issuance of the business registration certificate, the business registration authority must send a copy to the tax authority, statistical agency, and the State Bank at the same level.
🌐 本文件的社会影响
- Positive impact: Helps financial leasing companies operate more effectively through clear regulations on business registration documents.
- Negative impact: May impose administrative burden on companies due to the need to prepare complete documents as required.
❓ 常见问题
What does a financial leasing company need to prepare for business registration?
The company needs to submit the operating license from the State Bank, Certificate of Capital Subscription, Company Charter (if it is a joint venture company), Approval Document of the People's Committee of the province/city, Confirmation Document of Head Office Usage Rights, and Appointment Documents for positions.
How long is the time limit for issuing the business registration certificate?
Within 15 days from the date of receiving valid documents, the Ministry of Planning and Investment will issue a business registration certificate for the company and its branches.
Does a company that has been issued a business registration certificate need to register changes in the content of its operating license?
Companies and their branches that have been issued a business registration certificate, during operation, if there are changes in any of the contents recorded in the operating license, after being approved by the State Bank, must register these changes at the issuing authority.
What regulations must a domestic-capital company comply with?
If the company is a state-owned enterprise, it registers business according to current regulations for state-owned enterprises. If the company is established by multiple enterprises contributing capital under the Law on Enterprises, the business registration is applied according to Joint Circular No. 201/TT-LN of the State Bank and the State Economic Arbitration.
To which authorities must a company send copies of its documents after obtaining a business registration certificate?
Within 7 days from the issuance of the business registration certificate, the company must send copies to the tax authority, statistical agency, and the State Bank at the same level.
全文
CIRCULAR
Guidelines for registering business operations for Vietnam Financial Leasing Companies
To implement Decree No. 64-CP dated October 9, 1995 of the Government on the Interim Regulations on the organization and operation of financial leasing companies in Vietnam; after reaching consensus with the State Bank of Vietnam, the Ministry of Planning and Investment provides guidelines for registering business operations for financial leasing companies in Vietnam (hereinafter referred to as the company) as follows:
____________________________
I. REGISTRATION OF BUSINESS OPERATIONS FOR COMPANIES WITH FOREIGN INVESTED CAPITAL AS PROVIDED FOR IN POINTS 2 AND 3 OF ARTICLE 5 OF THE INTERIM REGULATIONS ON THE ORGANIZATION AND OPERATION OF FINANCIAL LEASING COMPANIES IN VIETNAM ISSUED ACCOMPANYING DECREE NO. 64/CP DATED OCTOBER 9, 1995
(HEREINAFTER REFERRED TO AS THE REGULATIONS).
1. Documents for registering business operations for the company:
The business license of the company issued by the State Bank of Vietnam (original).
A confirmation letter from the State Bank of Vietnam stating that the company has transferred the entire registered capital to a temporary account opened at the State Bank of Vietnam: The registered capital must not be lower than the statutory capital of the company as stipulated in Point 2 of Article 6 of the Regulations.
The company's charter (if it is a joint venture, it must be accompanied by a joint venture agreement).
An approval document from the People's Committee of the province or centrally administered city where the company's headquarters is located.
A document confirming the lawful right to use the company's headquarters.
A document appointing the Chairman, Vice Chairmen, members of the Board of Directors, Chief Inspector, General Director (Director) of the company, which has been approved by the Governor of the State Bank of Vietnam.
2. Documents for registering business operations for branches of the company:
The branch establishment permit issued by the State Bank of Vietnam (original).
An approval document from the People's Committee of the province or centrally administered city where the branch's headquarters is located.
A document confirming the lawful right to use the branch's headquarters.
A document appointing the head of the branch.
3. The registration documents shall be submitted to the Ministry of Planning and Investment. Within fifteen days from the date of receiving valid documents, the Ministry of Planning and Investment will issue a business registration certificate for the company and its branches.
II. REGISTRATION OF BUSINESS OPERATIONS FOR COMPANIES AS PROVIDED FOR IN POINT 1 OF ARTICLE 5 OF THE REGULATIONS
(FINANCIAL LEASING COMPANIES WITH 100% DOMESTIC CAPITAL)
1. If the company is a state-owned enterprise, it shall register business operations according to current regulations applicable to state-owned enterprises. In the business registration documents, there must be a business license issued by the State Bank of Vietnam, and if the company establishes branches, there must be a branch establishment permit issued by the State Bank of Vietnam.
2. If the company is established by multiple enterprises contributing capital under the Law on Enterprises, the business registration process shall be implemented according to Circular Joint No. 201/TT-LN dated October 30, 1991 of the State Bank of Vietnam and the State Economic Arbitration guiding the implementation of business registration for credit organizations.
III. REGISTRATION OF CHANGES IN BUSINESS OPERATIONS
1. Companies and branches of companies that have been granted a business registration certificate, during their operation, if there are changes in any of the points recorded in the business license, after obtaining approval from the State Bank of Vietnam, they must register these changes with the authority that issued the business registration certificate.
2. Within seven days from the date of issuing a business registration certificate to the company and its branches, including changes registered during the course of operation, the business registration authority must send a copy to the tax authority, statistical authority, and the corresponding level of the State Bank of Vietnam. 3- During the implementation process, if there are difficulties, please report them to the Ministry of Planning and Investment for resolution.
2. Within seven days from the date of issuing the business registration certificate to the company or its branch, including changes registered during the course of operation, the business registration authority must send a copy to the tax authority, the statistical agency, and the State Bank at the same level. 3- In the process of implementation, if there are any difficulties, they are requested to be reported to the Ministry of Planning and Investment for resolution.
关系图
点击文件即可打开。红色边框＝改变效力的关系。