Procedures for establishing a goods receiving and acceptance service company
1. Procedures for establishing a goods receiving and acceptance service company:
Currently, based on the provisions of Decree No. 81/2020/ND-CP of the Government amending and supplementing a number of articles of Decree No. 163/2018/ND-CP dated December 4, 2018 regulating the development issue corporate bonds, with regulations on types of logistics services business. The law also does not have specific regulations on what is the service of receiving and accepting goods. However, it can be said that the service of receiving and accepting goods is one of the business types of logistics services. Because according to current legal regulations, the types of logistics business services provided include the following types:
– Container loading and unloading services, warehousing services belonging to maritime transport support services, warehousing services belonging to services supporting all modes of transport;
– Delivery services according to the provisions of law and freight agency services;
– Types of customs clearance agent services, including customs clearance services;
– Bill of lading inspection services and freight brokerage services, goods inspection services and sampling services as well as determining the weight of goods, goods receiving and acceptance services, and preparation services of goods transport documents;
– Wholesale and retail support services, including warehouse management and goods classification, then delivery;
– Freight transport services, belonging to marine transport services and inland waterway transport services, to rail transport services and road transport services, air transport and multimodal transport services awake;
– Technical analysis and inspection services, and other types of transportation support services according to the provisions of law, types of services agreed upon by service providers and customers in accordance with the principles of commercial law.
According to current legal regulations, it can be seen that establishing a goods receipt and acceptance service company requires many different steps. The process and procedures for establishing a receiving and accepting service company will go through the following basic stages:
Step 1: Conduct detailed business planning activities. One of the most important steps before carrying out the procedures for establishing a goods receipt and acceptance service company is that entities wishing to establish a company will have to establish an extremely detailed and careful business plan. kidney. This plan will include the various business objectives that the parties wish to realistically achieve, including an in-depth analysis of the market and competitors, including business strategies. business to attract customers.
Step 2:After creating a detailed business plan to establish a goods receiving and acceptance service company, the parties wishing to establish this company will have to choose a business form in accordance with the provisions of law. the law. Choosing a business form is considered one of the important steps in establishing a receiving and accepting service company. The parties need to carefully consider and research different types of companies such as joint stock companies, limited liability companies, private enterprises or joint venture companies to determine which type of business. appropriate to the scale and business goals of the company you are planning to establish. This decision will greatly affect the way you will operate and manage the company in the future.
Step 3: Register your name and receive a business license according to the provisions of law. After choosing the appropriate form of business, choosing the company name and registering the business at the competent state agency, which can be identified as the local Department of Planning and Investment, plays the role of the company. extremely important game. When choosing a company, you must be very careful to ensure that the name does not overlap with other companies that are actually doing business and the name of the company and fully comply with the relevant conditions according to regulations. under the law. In addition, the parties also need to carry out procedures to apply for a business license at a competent state agency. This requires you to fully comply with the specific legal requirements and procedures in the field in which you do business to ensure that business operations run smoothly.
Step 4: Receive results at the competent state agency. Within 30 working days from the date of receipt of the dossier, if it is found that the dossier needs to be adjusted or supplemented, the competent state agency must notify in writing to guide the subjects. Submit additional documents according to the provisions of law. In case the dossier is complete or has been supplemented as required, the competent state agency will issue a business registration certificate to the enterprise quickly and effectively.
2. Conditions for establishing a goods receiving and acceptance service company:
Pursuant to the provisions of Article 6 ofCommercial Law 2005 and Decree No. 81/2020/ND-CP of the Government amending and supplementing a number of articles of Decree No. 163/2018/ND-CP dated December 4, 2018 regulating the issuance of corporate bonds, including Specific regulations on conditions for doing business and establishing a company to receive and accept goods, specifically as follows:
– Traders providing goods receiving and acceptance services must have a business registration license issued by a competent state agency and be registered to practice according to the provisions of law;
– Traders registering to operate goods receiving and acceptance services must meet the business investment conditions prescribed by law for this type of service;
– If traders use electronic means connected to the internet and mobile telecommunications networks or use electronic means connected to other open networks to serve the process of business and service activities. receive and accept goods, it is necessary to comply with the provisions of this e-commerce law;
– Foreign business investors in this field need to meet the following additional conditions: Foreign investors must be from countries or territories identified as members of the Trade Organization. World Trade Organization (WTO) is allowed to provide goods receipt and acceptance services, these investors must satisfy the conditions to establish a business, satisfy the conditions to buy shares or contribute capital and the conditions for human resources. The investor must be a Vietnamese person in the territory of Vietnam, if the foreign investor falls under the application of international cases to which the Socialist Republic of Vietnam is a member with different regulations. Regarding business conditions for receiving and accepting goods, investors who choose to apply investment conditions must comply with the provisions of that international treaty.
3. Components of documents to establish a goods receiving and acceptance service company:
Pursuant to the provisions of Decree No. 01/2021/ND-CP of the Government on business registration, the documents that need to be prepared during the process of establishing a goods receiving and accepting service company will include The following basic documents:
– Application for company registration according to the form prescribed by law;
– The company charter is accepted by a competent state agency;
– List of company members or list of founding shareholders;
– A copy of valid identification documents such as citizen identification card or ID card or valid passport of the person identified as the legal representative;
– Identification documents of capital contributing members identified as individuals;
– A valid copy of the establishment decision or business registration certificate issued by a competent state agency, identification documents of the people identified as authorized representatives of the business;
– Power of attorney from the applicant in case the legal representative does not directly carry out this procedure;
– And other documents when requested by competent state agencies.
Legal documents used in the article:
– Enterprise Law 2022;
– Commercial Law 2005;
– Decree No. 01/2021/ND-CP of the Government on business registration;
– Decree No. 81/2020/ND-CP of the Government amending and supplementing a number of articles of Decree No. 163/2018/ND-CP dated December 4, 2018 regulating the issuance of corporate bonds.