Electronic Authentication for Business Registration Authorization in Vietnam

When carrying out business registration procedures, the founding organization or individual can carry out the procedures themselves at the Business Registration Office or can authorize another organization or individual. Accordingly, as of July 1, 2025, authorization to register a business must be authenticated electronically. Below, Viet An Law will update the notable new regulations on electronic authentication for business registration authorization in Vietnam.

Cases of authorization when performing business registration procedures

Pursuant to Article 12 of Decree 168/2025/ND-CP, regulations on business registration authorization are as follows:

• Authorizing an individual to carry out business registration procedures: Attached to the business registration dossier must be a Power of Attorney for an individual to carry out procedures related to business registration. This authorization document does not need to be notarized or authenticated.
• Authorizing an organization to carry out business registration procedures: Attached to the business registration dossier must be a copy of the authorization contract for the organization to carry out procedures related to business registration, a letter of introduction, or a document assigning tasks from that organization to the individual directly carrying out procedures related to business registration.
• Authorizing the public postal service provider to carry out business registration procedures: When carrying out business registration procedures, the postal employee must submit a copy of the application form according to the form issued by the public postal service provider, with the signature of the postal employee and the person authorized to sign the business registration request.

Note: In case of authorizing a postal service provider other than a public postal service to carry out business registration procedures, the authorization shall be carried out in accordance with the regulations on authorizing organizations to carry out business registration procedures.

Regulations on electronic authentication for business registration authorization in Vietnam from July 1, 2025

Pursuant to Clause 4, Article 12 of Decree 168/2025/ND-CP, it is stipulated as follows:

“Authorization to carry out business registration procedures

…5. The person authorizing and the person authorized to carry out the business registration procedure shall be legally responsible for the legality, honesty, and accuracy of the authorization. The authorizing person and the authorized person must authenticate electronically to be granted a business registration. In case the electronic authentication is interrupted, the person authorizing shall authenticate electronically after being granted a business registration. In case the person authorizing does not confirm or confirms that he/she is not authorized to carry out the business registration procedure, the provincial business registration authority shall request the enterprise to report in accordance with the provisions of Clause 5, Article 21 of this Decree.

In case there is no electronic identification account to perform electronic authentication, the business registration dossier must be accompanied by a copy of the ID card or citizen ID card or passport or foreign passport, or other valid documents instead of a valid foreign passport of the authorized person.

Accordingly, Clause 13, Article 3 of Decree 168/2025/ND-CP explains as follows:

“Electronic authentication is the activity of authenticating the identity of the applicant, the authorized person to carry out the procedures for business registration, business household registration, carried out through the Electronic Identification and Authentication System, the electronic identification and authentication platform by one of the following means: One-time password, biometric means, owner’s phone number or other means as prescribed by law on electronic authentication.”

Thus, according to this regulation, the person authorized to sign the document requesting business registration can authorize another individual to carry out the business registration procedure. Accordingly:

• The authorizer and the authorized person must authenticate electronically to obtain a business registration.
• In case the electronic authentication is interrupted, the authorized person shall perform the electronic authentication after being granted the business registration. In case the authorized person does not confirm or confirms that he/she is not authorized to perform the business registration procedure, the provincial business registration authority shall request the enterprise to report on its compliance with the provisions of the Law on Enterprises as prescribed in Clause 5, Article 21 of Decree 168/2025/ND-CP.
• In case there is no electronic identification account to perform electronic authentication, the business registration dossier must be accompanied by a copy of the ID card or passport, or foreign passport, or documents that can replace the valid foreign passport of the authorized person.

Note on authorization in the online business registration dossier.

According to Point d, Clause 2, Article 38 of Decree 168/2025/ND-CP, the business registration dossier via the electronic information network must be digitally signed or authenticated by the person authorized to sign the business registration request document or the person authorized by the person authorized to sign the business registration request document to carry out the business registration procedure.

In case of authorization to carry out business registration procedures, the business registration dossier must be accompanied by authorization documents in electronic form.

Note on electronic documents as prescribed in Clause 9, Article 3 of Decree 168/2025/ND-CP:

• Electronic documents are documents in the form of data messages created or digitized from paper documents and accurately and completely represent the content and format of paper documents.
• Electronic document in “.pdf” format.
• The name of the electronic document must correspond to the name of the document type according to regulations.
• Individuals signing business registration and household business registration documents can use digital signatures to sign directly on electronic documents or sign directly on paper documents and scan paper documents in color photo mode.

From July 1, 2025, authorized persons registering businesses may not need to submit personal legal documents.

Pursuant to Clause 5, Article 12 of Decree 168/2025/ND-CP, the person authorized to carry out business registration procedures may not submit copies of personal legal documents in case he/she already have an electronic identification account and have performed electronic authentication.

Simultaneously, according to Article 24 of Decree 168/2025/ND-CP, in case the authorized representative has declared the personal identification number as prescribed in Clause 1, Article 11 of this Decree, the business registration dossier does not include copies of legal documents of these individuals.

According to previous regulations, in Clause 1 and Clause 2, Article 12 of Decree 01/2021/ND-CP, the business registration dossier must include a copy of the legal documents of the authorized individual for authorization to an individual and a copy of the legal documents of the introduced individual for authorization to an organization to carry out procedures related to business registration.

Thus, from July 1, 2025, authorized business registration persons may not need to submit personal legal documents if they already have an electronic identification account and have performed electronic authentication.

Information relating to individuals has been stored in the national population database system. Therefore, the business registration authority can connect to the national population database system to verify the information of the person authorized to carry out business registration procedures. This helps to facilitate and simplify business registration procedures.

Above is advice on electronic authentication for business registration authorization in Vietnam from July 1, 2025. If you have any related questions or need advice on business registration procedures, please get in touch with Viet An Law for the best advice and support!