Vietnam has become an attractive destination for investors in recent years thanks to its strong economic growth and favourable business climate. One of the most popular forms of business entity for companies operating in Vietnam is the to set up limited liability company in Vietnam (LLC).
An LLC is a legal entity that is separate from its owners and legally liable in its own right for its obligations and debts. This article will discuss the pros and cons of establishing a limited liability company in Vietnam, as well as the procedures for setting it up.
What is an LLC in Vietnam in Vietnam laws?
Limited Liability Company is a form of enterprise which is established by contributing of members. A member shall be liable for the debts and other property obligations of the enterprise within the amount of capital that he/she has undertaken to contribute to the company.
Types of LLCs in Vietnam
One member Limited Liability Company is an enterprise owned by one organization or individual;
Limited Liability Company with two or more members is an enterprise owned by organizations or individuals, in which the number of members shall not less than two members and not exceed fifty.
Management structure of LLC in Vietnam
Normally, organization of LLC in Vietnam comprise of a Member’s Council, General Director or Director.
The advantages to set up limited liability company in Vietnam
On the one hand, there are a number of benefits to set up limited liability company in Vietnam.
Firstly, it offers protection to the owners of the company. Personal assets of the owners are not at risk if the company is sued or encounters financial difficulties.
Secondly, LLCs are easy to establish and maintain, and they offer a degree of flexibility to the owners in terms of managing the company.
Thirdly, the liability of the owners is limited, meaning they are not personally responsible for the debts of the company.
Finally, businesses operating as LLCs in Vietnam are generally seen as more viable and attractive to potential investors or purchasers.
On the other hand, there are also some drawbacks to consider before establishing an LLC in Vietnam. For instances, the LLC can not raise capital through issuing shares like a joint stock company. If the investors consider to raise capital through issuing shares in the future, the investors could consider to set up joint stock company in Vietnam at the beginning or convert the LLCs as needed as LLCs grow and need capital to capitalize on opportunities.
Overall, the decision whether to set up limited liability company in Vietnam or not should depend on the specific needs of the business. It is important to weigh the pros and cons before making a decision. If the business is in need of protection from personal liability and flexibility in management, then an LLC may be the best option.
Procedures to set up limited liability company in Vietnam
Firstly, a company name must be chosen and registered with the local business registry. Then, a company charter must be created, setting out the roles and responsibilities of the founders and shareholders. After that, a minimum amount of start–up capital must be deposited into the company‘s account, and the company must obtain a valid business license from the local business registry. Finally, it is necessary to register the company with the local tax office and obtain the necessary permits and licenses to legally conduct business in Vietnam.
In conclusion, it is an attractive option to set up LLC in Vietnam or in other words to set up limited liability company in Vietnam, particularly for those that need protection from personal liability and flexibility in managing the company. However, there are a number of formalities and regulatory requirements that must be met in order to properly set up limited liability company in Vietnam, and the owners of the company should weigh the pros and cons of doing so before making a decision while doing business in Vietnam.
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