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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
05/2013/ND-CP
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Hanoi, January
09, 2013
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF PROVISIONS ON ADMINISTRATIVE PROCEDURES
OF GOVERNMENT’S DECREE NO. 43/2010/ND-CP , OF APRIL 15, 2010, ON ENTERPRISE
REGISTRATION
Pursuant to the Law on Government
organization, of December 25, 2001;
Pursuant to the Law on Enterprise,
of November 29, 2005;
Pursuant to the Government’s Resolution
No.25/NQ-CP, of June 02, 2010, on simplifying 258 administrative procedures
within management functional scope of Ministries, sectors;
Pursuant to the Government’s
Resolution No.70/NQ-CP, of December 27, 2010, on simplifying
administrative procedures within management functional scope of the Ministry of
Planning and Investment;
At the proposal of Minister of
Planning and Investment;
The Government promulgates Decree
amending and supplementing a number of articles of provisions on administrative
procedures of Government’s Decree No. 43/2010/ND-CP , of April 15, 2010, on
enterprise registration,
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1. To amend clause 4 Article 7 as
follows:
“4. For business lines that are
neither included in the Vietnamese system of economic sectors nor stipulated in
other legal documents, business registration offices shall consider to set
these business lines in the enterprise registration certificate if they are not
banned-business lines, concurrently notify them to the Ministry of Planning and
Investment (the General Statistics Office) for addition of new codes’ business
lines.”
2. To amend Article 8a, 8b, 8c at
behind of Article 8 as follows:
“Article 8a. Number of
registration dossiers for enterprises, business
households
1. Enterprises shall submit 01 set of dossier at the provincial business registration
Office when perform enterprise registration, registration for operation of
branches, representative offices, announcement for establishment of business
location or registration for changed of enterprise registration contents.
2. Business households shall submit
01 set of dossier at district-level business registration agencies when
registering for establishment of business households or changes of contents
registered.
Article 8b. Valid copies of
documents in dossier of enterprise registration
1. Valid copies of documents in
dossier of enterprise registration mean documents being certified or confirmed
as true by competent agencies or organizations.
2. For registration dossiers which
must have transfer contract, written certification of donation of part of
capital contribution, enterprises may send their original or valid
copies.
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1. Within 30 days, after day of
establishment or registration for changes of enterprise registration contents, enterprises
must publish the enterprise registration content on the national enterprise
registration portal as prescribed in Article 28 of Enterprise Law and pay
charge for announcement of enterprise registration content.
The Ministry of Finance shall assume
the prime responsibility for, and coordinate with the Ministry of Planning and
Investment in promulgation of provisions on charge levels for announcement of
enterprise registration content.
2. Joint-stock companies,
which additionally issue ordinary shares and
offer for sale of such shares to all ordinary shareholders under rate of their
available shares at companies, must send written notice on additional issuance
of ordinary shares to permanent residences of shareholders in form of guarantee
sending.
This notice must be published on the
National enterprise registration Portal or printed on press for three
consecutive issues within 10 working days, after the day of notice.
3. Within 07 working days after day
of passing the decision on enterprise dissolution as prescribed in clause 1
Article 158 of the Enterprise Law, an enterprise must:
Copy and send the dissolution decision to business registration agency,
all creditors, persons with relevant rights, obligations and benefits,
employees in enterprise.
Enterprises must publicly posted
decision on enterprise dissolution at its head office and branches and publish
this decision on the national enterprise registration portal.”
3. To amend and supplement Article 57
as follows:
“Article 57. Temporary cessation
of business operation
An enterprise or a business household
that temporarily ceases its business operation shall send a written notice
thereof to the business registration office with which it has registered its
business and the tax office at least 15 days before the temporary cessation.
Such a notice must contain the following details:
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2. Its business lines.
3. The temporary business cessation
duration, the starting and ending dates thereof. The temporary business
cessation duration indicated in the notice must not exceed one year. After the
temporary cessation duration indicated in the notice, if the enterprise or
business household sustains its operation cessation, a further notice shall be
sent to the business registration office. Total time of temporary cessation
must not exceed 2 years.
4. The reasons for temporary business
cessation.
5. The full name and signature of the
enterprise's representative at law or the business household's representative.
This notice must be enclosed with the
decision and the minutes of the Members' Council meeting, for limited liability
companies with two or more members; of the company owner, for one-member
limited liability companies, of the Shareholders General Meeting, for
joint-stock companies: or of general partners, for partnerships.
The business registration agencies
shall hand a receipt of dossier for applicant after receiving notice of
temporary cessation of business operation of enterprise or business household.
Within 05 working days, after
receiving valid dossier, business registration agencies shall issue
confirmation on registration for temporary cessation of business operation of
enterprises, business households in according to Form provided by the Ministry
of Planning and Investment.”
Article 2. Effectiveness
This Decree takes effect on February
25, 2013.
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1. This Minister of Planning and
Investment shall guide and carry out implementation of this Decree.
2. Ministers, heads of ministerial
agencies, heads of government-attached agencies, chairpersons of People's
Committees of provinces and centrally run cities, and relevant organizations,
individuals shall implement this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung