Short answer: 3 working days from the date of filing. This statutory timeline is set by Article 26(5) of Vietnam’s 2020 Law on Enterprises and applies when your enterprise registration dossier is complete and valid.
1. The statutory timeline
Under Article 26(5) of the Law on Enterprises 2020 (No. 59/2020/QH14, effective 1 January 2021), the business registration authority must examine the validity of the enterprise registration dossier and issue the registration within 3 working days from the date of receipt.
Detailed guidance in Decree 168/2025/ND-CP (applicable from 1 July 2025) clarifies: the provincial business registration authority issues the Enterprise Registration Certificate within 3 working days of receiving a valid dossier.
What this means in practice:
- If your dossier is valid on first submission, you can receive the ERC within 3 working days.
- If the dossier is incomplete, the authority must notify you in writing of what needs to be amended or supplemented. Your correction time does not count toward the 3-day deadline.
- If registration is refused, the authority must notify you in writing and state the reasons. You have the right to complain under Vietnam’s complaints legislation.
2. Conditions for ERC issuance
An enterprise is issued the ERC when it meets all four conditions in Article 27(1) of the Law on Enterprises 2020:
- The registered business lines are not prohibited from business investment;
- The enterprise name complies with Articles 37, 38, 39 and 41 (no duplication, no confusion);
- The enterprise registration dossier is valid;
- Registration fees are fully paid as prescribed by fee legislation.
In practice, most delays come from conditions 2 and 3 — duplicated or confusing enterprise names, or missing dossier components — not from the authority missing the deadline.
3. Where to file
Founders file at the provincial business registration authority where the enterprise’s head office is located. Dossiers are received and processed on the National Enterprise Registration Information System (Article 31(1), Decree 168/2025/ND-CP).
Most filings are now done online, which simplifies preparation and status tracking.
4. ERC vs. IRC — what foreign investors must know
Foreign investors often confuse these two certificates:
| IRC (Investment Registration Certificate) | ERC (Enterprise Registration Certificate) | |
|---|---|---|
| Subject | The investment project | The enterprise (legal entity) |
| Timeline | 10 days from receipt of a valid dossier (transitional period — Clause 3, Article 36 of Decree 31/2021/ND-CP as amended by Decree 239/2025/ND-CP; 5 working days if the project has obtained investment policy approval) | 3 working days from receipt of dossier |
| Issuing authority | Department of Finance (projects outside industrial/economic zones); Zone Management Authority (projects inside zones) — Article 27, Law on Investment 143/2025/QH15 | Business registration authority |
Under Clause 2, Article 19 of the Law on Investment 143/2025/QH15 (effective from 1 March 2026, replacing the 2020 Law on Investment), a foreign investor may establish an economic organization in Vietnam (obtain the ERC) FIRST, and then carry out the procedures for issuance or adjustment of the Investment Registration Certificate (IRC) — i.e., the order is reversed compared to the old rules. See our companion article How Long Does It Take to Obtain an Investment Registration Certificate (IRC) in Vietnam? for details.
5. Practical tips to get your ERC on time
- Prepare the enterprise name carefully: check it in advance on the National Business Registration Portal — name duplication is the most common reason for supplementation requests.
- Check business lines: conditional business lines require additional sector-specific conditions.
- Respond to notices promptly: if you receive a request to amend or supplement, act immediately to avoid extending the total timeline.
- Keep your filing receipt: retain the dossier number/receipt to track status and as evidence for a complaint if the deadline passes with no result.
FAQ
Q: Do the 3 working days include Saturdays and Sundays?
A: No. “Working days” exclude Saturdays, Sundays and public holidays.
Q: Is online filing faster than in-person filing?
A: The statutory 3-working-day timeline applies equally. Online filing mainly makes preparation and status tracking more convenient.
Q: What if 3 working days pass with no result?
A: You have the right to file a complaint under complaints legislation when the authority fails to issue the ERC, update changes, or notify you of required amendments within the deadline.
Q: Does the ERC expire?
A: The ERC carries no expiry date — the enterprise exists until dissolution, bankruptcy, or revocation as prescribed by law.
Legal sources
- Law on Enterprises 2020, No. 59/2020/QH14 (Articles 26, 27) — thuvienphapluat.vn
- Decree 168/2025/ND-CP (Articles 20, 31) — enterprise registration guidance from 1 July 2025
- Law on Investment 143/2025/QH15 (Article 19(2), Article 27) — effective from 1 March 2026, replacing the 2020 Law on Investment; transitional IRC timeline: Clause 3, Article 36 of Decree 31/2021/ND-CP as amended by Decree 239/2025/ND-CP
This article is for general information only and does not constitute legal advice for any specific case. Content is pending review by FLAT Law Firm lawyers before publication.
