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[KNOWLEDGE] - Ordinary legal issues for business establishment

30/06/2022

[KNOWLEDGE] - Ordinary legal issues for business establishment

The establishment of businesses is being encouraged in the process of Vietnam’s international integration. However, individuals who want to establish a company must understand the law to have a way to avoid violations. Therefore, in order to ensure that individuals who are preparing to establish a company are smooth and in the right process. Indochina Holdings shares common legal problems for individuals to avoid, especially business owners.

First of all, in order to approach legal issues, legal knowledge is indispensable when preparing for each individual as well as business owner. The following are common legal issues when setting up a business:

1. Legal papers

Most young businesses often pay little attention to the preparation of legal documents. On the contrary, they are only interested in making profits. But when partners and customers have a request, the business begins to manage the procedures in a hurry. This will easily lose business opportunities. Therefore, in business, businesses should prepare all kinds of documents such as:

+ Papers related to business lines and capital. Meet 1 or more business conditions.

+ Professional license or sub-license.

2. Intellectual Property Rights

Registering for protection of intellectual property rights is an extremely necessary step for businesses to ensure the exclusive rights of their assets. Including ideas, brand identities, copyrights, utility solutions, patents, etc. The goal is to equip businesses with a platform to access the market quickly. And don’t worry about losing your intellectual property. In that spirit, newly established enterprises also have a basis to make complaints and complaints when necessary.

3. Contract and transaction dispute terms

Most businesses when signing contracts often only pay attention to commercial terms such as price, payment, goods... This leads to ignoring legal terms. Specifically: commitments, rights and obligations of both parties, sanctions, solutions to handle disputes... Therefore, newly established businesses will often suffer damage. The best option when establishing a company, business owners should consult through the legal consulting service of Indochina Holdings to draft sample contracts for each different negotiation.

4. The way to choose a company model

+ Joint stock company model: Founding shareholders will have the right to transfer shares after 3 years of company establishment. However, even at that time, the company was unlikely to be stable in terms of organization and finance. Therefore, if the leaders have any change, the company will be greatly affected.

+ Limited company model: The business will be more stable. At the same time, it is possible to change the type of business accordingly as the company grows. That is, the word limited liability company can still be changed to a joint stock company.

5. Regulations on accounting and tax

An initial tax return when setting up a business is essential. Depending on business activities, enterprises may consider declaring and paying rentals according to regulations. Regarding corporate tax, there will be 3 basic types: License Tax, Value Added Tax, Corporate Income Tax.

In addition, for businesses related to production activities, specific products, etc., they will also have to pay additional taxes such as special consumption tax, environmental protection tax, import and export tax.

Above are the sharing of legal issues for individuals who want to set up a business, legal violations or tax delays will cause heavy damage to not only individuals but also businesses if there are not many professional experience. Indochina Holdings provides legal consulting services to establish a safe zone for individuals who want to establish a new business. With a team of experienced consultants, grasp the problem and process information accurately and quickly.

Indochina Holdings always accompanies and tries its best to create opportunities and act as a solid bridge for domestic and foreign enterprises. We are committed to bringing sustainable long-term values ​​in business and financial activities to member businesses.

Cao Duy


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