How to set up a 2026 company: a 6-step guide from A to Z
Guide to the 2026 company formation procedure under the Law on Enterprises and Decree 168/2025: conditions, 6 steps, documents, fees and processing time.
The company formation procedure in 2026 follows the Law on Enterprises 2020 (amended in 2022 and 2025) and Decree 168/2025/ND-CP on enterprise registration. If your documents are valid, you receive the Enterprise Registration Certificate after 03 working days. Here are the 6 specific steps.
6 Steps to Form a Company in 2026
- 1Choose the company typeLLC, joint stock company, private enterprise
- 2Name the companySearch first to avoid duplicates
- 3Choose a head officeHave a defined address
- 4Business lines and capitalLevel 4 industry code, charter capital
- 5File the applicationOnline or in person
- 6Receive resultsAfter 03 working days
Conditions for Setting Up a Company
Before you start, make sure you meet the basic conditions:
- Founder: an individual or organization not prohibited from establishing an enterprise under Article 17 of the Law on Enterprises (for example: officials, civil servants and public employees as provided by regulations; minors; persons under criminal prosecution, etc.).
- Company name: not identical or confusingly similar to a registered enterprise.
- Head office: a defined address in Vietnam, not an apartment used solely for residential purposes.
- Business lines: not a prohibited line of business; conditional lines must meet the conditions before operating.
4 Conditions for Setting Up a Company
- Eligible founderNot prohibited under Article 17 of the Law on Enterprises
- Valid nameNot identical or confusingly similar to a registered enterprise
- Clear head officeA defined address, not an apartment used solely for residence
- Lawful business linesNot a prohibited line; conditional lines must meet the conditions
Step 1: Choose the Type of Enterprise
Common types include single-member LLCs, multi-member LLCs, joint stock companies and private enterprises. The type determines the number of capital contributors, asset liability, management structure and ability to raise capital. If you are still undecided, see our article on whether to form an LLC or a joint stock company.
Step 2: Name the Company
A company name has two parts: the enterprise type and the specific name, for example "An Phát Trading Company Limited". You should search first on the National Business Registration Portal and prepare 2 – 3 options. For the detailed rules, see how to name a company in compliance with the law.
Step 3: Choose the Head Office Address
The head office must state the house number, street, ward/commune and province/city clearly. You can use a private home, a rented office or a shared office. Note that the head office address determines which business registration authority and tax authority manage the enterprise.
Step 4: Determine Business Lines and Charter Capital
Business lines are recorded by level 4 industry code in the Vietnam Standard Industrial Classification. Charter capital is decided by the members or shareholders and must be fully contributed within 90 days from the date the certificate is issued. See our article on minimum charter capital before settling on a figure.
Step 5: Prepare and File the Documents
The application includes the Application for Enterprise Registration, the Charter, the list of members/shareholders (depending on the type), copies of legal documents of individuals and organizations, and beneficial owner information. See the full list in our article on company formation documents.
The application is filed with the Business Registration Office under the Department of Finance where the head office is located, in person, by post or through the National Business Registration Portal. Online filing is the fastest and most common method today.
Step 6: Receive the Result and Publish the Information
Within 03 working days of receiving valid documents, the business registration authority issues the Enterprise Registration Certificate; if the documents are not valid, it will send a notice requesting amendments or additions. The business then publishes its registration details on the National Portal.
Timeline for receiving the certificate
- Day 0Valid application filed
- Day 1 – 3Business registration authority reviews
- Day 3Issuance of the Enterprise Registration Certificate
- NextPublication, seal engraving, tax procedures
| Item | Amount |
|---|---|
| Enterprise registration fee | 50,000 VND per filing (currently reduced by 50% until the end of 31 Dec 2026; waived for online filing) |
| Fee for publishing registration details | 100,000 VND |
| Processing time | 03 working days from receipt of valid documents |
What to Do After You Receive the Certificate?
Receiving the certificate is only the starting point. You need to have the seal made, put up signage, open a bank account, register a digital signature and e-invoices, and complete your initial tax filings. The full list is in our article on 9 things to do after setting up a company.
If you do not have time to do it yourself, HDS Law's full-service company formation handles all of the steps above – you only need to provide your ID card.
Frequently Asked Questions
Is it hard to set up a company yourself?
Not too hard if you understand the forms and regulations. However, applications are often returned for correction because of wrong industry codes, confusing names or missing beneficial owner information, which prolongs the process.
Can I file company formation documents online?
Yes. Documents can be filed through the National Business Registration Portal using a digital signature or an electronic identification account.
Legal basis
- Law on Enterprises 2020
- Decree 168/2025/ND-CP
Content reviewed by Lawyer Đoàn Minh Đức (Director – Managing Lawyer); updated 20 Oct 2026.
This article is for reference only, based on regulations as of the update date. For advice on your specific case, please contact a lawyer.
