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Lawyers - Advising me know what procedure to do when I want to establish a company
Posted: 05/01/2012
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The question for lawyers :

My name’s LTT, the production of hats in the village of  XXX , I want to know the procedure if I want to open a business.

The State shall policies to support the household, business and production enterprises in the trade villages do not?

Dragon Law Firm/company, Law Advisory board back to you as follow:

The legal bases:

- The Law on Enterprises 2005

- Decree 102/2010/ND - CP detailed instructions  the implementation of some articles of the Law on Enterprises

- Decree 43/2010/ND - CP on the enterprise registration

- Investment Law 2005

- And some of other related documents.

Advises :

With the business conditions and your intentions as above, you can choose to established  one of two the following types : The individual business , The limited liability companies one member .

The order and procedures for business registration for enterprises as follows :

1. For individual business

- The Registry : The district People’s Committee plans to headquartered

- A dossier comprises:

+ The request for business registration

+ A copy of identity card or a valid passport of the individual business

+ Proof of right to use or possess lawful trading places

- Solving time : 06 days

- The result : Certificate of registration of enterprises individual business.

2. For the company limited member liability

The agencies registration: Registration Office business - investment plans of provinces and cities, where the enterprise has head office

- A dossier comprises:

+ Request business registration;

+ The draft charter company

+ A copy of valid identity card or valid passport.

- Solving time: 06 days

- The result: Certificate of registration enterprises

According to portfolio investment incentives attached  to Decree 108/2006/ND-CP providing detailed regulations and guidelines for implementation of some articles of the Investment Law contains provisions on preferential investment fields as follows: Construction and development of traditional industries producing handicrafts, agricultural products processing and the cultural products.

The incentives that your business may be entitled are:

Preferential corporate income tax, import duties (Article 25 of Decree No. 108/2006/ND-CP)

- Investors having investment projects in the fields,  areas investment incentives stipulated in this Decree shall enjoy preferential corporate income tax in accordance with the law on corporate income tax.

- Investors having investment projects in the fields, areas investment incentives stipulated in this Decree shall enjoy preferential import tariffs for goods imported under the provisions of the law on export tax, import duties.

Tax incentives land use, land use fees, land rents and water surface rent (Article 26 of Decree No. 108/2006/ND-CP)

Investors land allocated by the State without collection money of land use, land allocation with collection of land use fees or lease land with investment projects in the fields, local investment incentives stipulated in this Decree shall be exempt and reduction of land use, land use fees, land rents and water surface rent in accordance with the law on land and tax law.

However, you want to enjoy investment incentives, you must perform the procedures for investment incentives as stipulated in Article 38 of Investment Law in 2005.

Dragon Law Firm

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