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Circular 20/2015/tt-Bkhđt: Business Registration Guide

Original Language Title: Thông tư 20/2015/TT-BKHĐT: Hướng dẫn về đăng ký doanh nghiệp

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DEPARTMENT OF PLANNING AND INVESTMENT
Number: 20 /2015/TT-BKHT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 1, 2015

IT ' S SMART

Enterprise Registration Guide

______________

Root Come on Digital Business Law 68/2014/ Q H13 November 26, 2014;

- What? Keep Rules. Q Tax rationing 78/2006/ Q H11 November 29, 2006;

Correct Law. socket i, plugin Add a Stain. Article of the Digital Tax Management Law 21/2012/ Q H13 November 20, 2012;

Base of Protocol 78 /2015/NĐ-CP September 14, 2015 by Politics brew about the business registration;

Base of Protocol 96 /2015/NĐ-CP October 19, 2015 by Politics brew regulation of certain provisions of the Enterprise Law;

Base of Protocol 116 /2008/NĐ-CP November 14, 2008 brew regulation of functions, duties, powers, and organizational structure of the Ministry of Planning and Investment;

At the suggestion of the Repository in Department. Manager Business registration,

Repository in The Ministry of Planning and Investment issued the d-direction. There. n v Okay. Business registration.

What? 1. The scope of the All right And against statue apply

1. This message ensigns the use of text samples used in corporate registration, business registration, and detailed instructions on a number of issues related to corporate registration, business registration.

2. This information applies to regulatory objects at Article 2 of the Digital Protocol. 78 /2015/NĐ-CP.

What? 2. Board and s Yeah. Business registration, business registration, business registration, business.

1. This is issued by the Executive Board in the Business Registration, Business Registration.

2. Text-issued text samples that are used unified across the country.

What? 3. Business registration number

1. The district-level business registry registers the number of business passport registration numbers on the Stock Registration Certificate in the following structure:

a) Provincial Code: 02 characters, according to VII-2 Annex issued by this message;

b) The district code: 01 characters, according to VII-2 Annex issued by this message;

c) Code Code: 01 characters, 8 = business households;

d) The number of self-business order: 06 characters, from 000001 to 999999.

2. The districts, districts, towns, the newly formed city after this date are valid for inserts, in the order of the Vietnamese alphabet.

3. The case of separation of counties, districts, towns, cities in the province after this date is effective, the unit is separated from the original script, and the separated unit is inserted into the code, in the order of the Vietnamese alphabet.

4. The Department of Planning and Investment notified by the Ministry of Planning and New Code Investment of the newly established district or split.

What? 4. Lake s Uh ... register for business in school h p business through regulation What? Define t Piggy-shaped pig. b B ... Bitch. n

The case of a limited liability company membership Board or the General Assembly of the shareholders of the holding company through decisions in the form of a written opinion in accordance with the rules of the Enterprise Law, Border Meeting in Business Registration Profile Define at the Digital Decree 78 /2015/NĐ-CP can be replaced by the Membership Council's Effectiveness Report for the Limited liability company or the Stock Receivals of the General Assembly to the holding company.

What? 5. The announcement of changing the information of the founding shareholder, the shareholder is the female investor. Oh. c outside

1. The case of changing the information of the shareholder founding the holding company, the business informed the Business Registry where the company is based on regulation at Article 51 of the number of shares. 78 /2015/NĐ-CP The changing shareholder information is only applicable to the unlisted holding company.

2. The decision and copy of the shareholders 'meeting of the shareholders' meeting on the changing shareholder is the foreign investor in the regulatory enterprise registration record at Clause 1 Article 52 The number of shareholders. 78 /2015/NĐ-CP is only applicable to the case of a founding shareholder, the foreign investor that transfers its share of its common shares to non-shareholder founding shareholders in the company for the 3-year period since the date the company is granted a business registration certificate. Oh,

What? 6. Register out branch operations, representative office, location. Okay. Business

1. After the state company is granted a Business Registration Certificate conversion to a limited liability company or a holding company, the LLC is converted to a holding company and vice versa, private enterprise is transferred to the company ' s business. changed to a limited liability company, affiliates, representative offices, business venues of the businesses raised on the implementation of the registration of registered content in accordance with regulations at Article 48 of the Digital Protocol. 78 /2015/NĐ-CP.

2. For the branch business location, the signet announces business location, changes in the registration of business location activity, paused, continuing business ahead of the announcement deadline, ending business location activity, and the business of the business. is a representative under the law of the business or the head of the branch.

3. The granting of the Certificate of Branch Activity Registration Certificate, representative office, Business location registration certificate implementation corresponds to a regulation at Article 58 Digital Protocol 78 /2015/NĐ-CP.

4. The termination of the branch operation, the representative office of the overseas business in accordance with the regulation of that water law. For a 30-day period of work, since the official date of the end of branch operations, the office of overseas representatives, the business informed business in writing to the Business Registry where the business is headquartered. The announcement of the termination of the branch operation, the representative office of the overseas business, carried out the II-23 issued by this message.

What? 7. Dot Come on t exists of the divided company, the company suffers. p All t, the company is merged.

1. The case after the merger of the business that the company registers the business of the merged company does not change, in the 10-day period of work since the completion of the business merger date, the company receives the merger sent by the prescribed pattern. at Appendix II-5 issued this message to the Business Registration Room where the company receives a merger that is headquartered to make an end to the merged company's existing termination. It is also announced that there must be prescribed papers at Section 4 Article 195 of the Enterprise Law.

2. The merger of the merged company has other provincial headquarters, the Central City of Central City where the company receives its own headquarters, the Business Registration Room where the company receives the merger and where the company is merged to set up its coordination headquarters. to make an end to the existence of the merged company in accordance with Article 3 of Article 3 Article 61 78 /2015/NĐ-CP.

3. Before the end of the company ' s existence was divided, the company was merged, the company was annexed by regulation at Clap 1, Section 3 Article 61 Decree No. 78 /2015/ND-CP, The Business Registration Office has ceased to exist all branches, representative offices, business venues of the divided company, the merged company, the merged company.

What? 8 -Business substitution. d Cancer. Fuck. business assigns in Investment License, Head-to-Head Certificate private Or the papers. Yeah. has a legal value equivalent

1. The business case offers to be issued an alternate business registration certificate for business registration content in the Investment License or the Certificate of Investment Certificate or of documents with equivalent legal value (the following is generally the Certificate of Investment). to invest) without changing business registration content, the business filing to the Business Registry where the business is headquartered. The profile consists of:

a) A copy of the Certificate of Investment Certificate;

b) The valid copy of the Tax Registration Certificate;

c) Additional reporting, update of the business registration information specified at the II-18 Exhibit issued by this message.

2. The business case offers to be issued a Branch Activity Registration Certificate, representative office, Business location Registration Certificate replacement for active registration content in the Certificate of Investment Certificate or Registration Certificate. Branch operations, representative offices issued by the investment registry, without changing the active registration content, the business filing records to the Business Registration Room where the branch, the representative office, the business location is based. The profile consists of:

a) The copy of the valid Certificate of Investment Certificate or Registration Certificate of Branch Activity, the representative office is issued by the registry of the investment registry;

b) The valid copy of the Tax Registration Certificate;

c) Additional reporting, update of the operational registration information specified at the II-19 Exhibit issued by this message.

3. The registered business case, which announces changes in business registration content, business pause, continued business ahead of the announcement deadline, dissolving the business, announcing the business ' s seal of the business, the business filing to the Chamber of Business. Business registration where the business is based. The profile consists of regulatory corresponding papers at the Digital Protocol. 78 /2015/NĐ-CP And the paperwork stipulated at this one.

4. The active registration business case, registration for changes in the registration of branch operations, the representative office, suspended operations, returned to active prior to the announcement deadline, termination of operation, notification of the branch ' s seal, the office. the representative room, the business filing a file to the Business Registration Room where the branch, the representative office is based. The profile consists of regulatory corresponding papers at the Digital Protocol. 78 /2015/NĐ-CP And the additional recommendation, update the operational registration information specified at the II-19 Appendix with this message.

For the case of the branch operating under the Certificate of Investment, in addition to the above documents, the case must have a valid copy of the Certificate of Investment Certificate and a valid copy of the branch's tax registration certification.

5. The new established registration case, registration for change in active registration content, suspended operations, returned to pre-term operation announced, ending business-owned business location, business filing to the Chamber of Business, and the operating system. Business registration where the business is based. The profile consists of regulatory corresponding papers at the Digital Protocol. 78 /2015/NĐ-CP And the additional recommendation, update the operational registration information specified at the II-19 Appendix with this message.

The new founding registration case, registration for change in active registration content, suspended operations, returned to active prior to the announcement deadline, ending the branch business location, the business filed records to the Registry Office. Business where the branch is based on regulation of Article 4.

6. The business case performs procedures on the registration of business regulations at Clause 4, Clause 5 This in the province, the other Central City facility where the business is headquartered, Business Registration Room where branch, office representative office, said. The headquarters are in charge of contact, in collaboration with the Business Registry where the business is headquartered in order to receive, process the records for the business.

7. When receiving a file of the business, the Business Registration Office awarded the receipt, review the validity of the filing and grant the Business Registration Certificate, Operations Registration Certificate, Certificate of Change in Business Registration Content. industry and other validation papers by the corresponding regulation at the Digital Protocol. 78 /2015/NĐ-CP.

What? 9. Content published related to the recall of Paper Come on Yes. Fuck. enterprise asbestos, revitalization of the legal status of the business in the National Database of Enterprise Registration

1. During the 2 working days, since the date of the announcement of the violation of the business in the case of the recovery of the business registration certificate, the Decision to revoking the Business Registration Certificate, Business Registry sent notification, decision to state above to the headquarters of the business and post information on the National Portal on Enterprise Registry.

2. In a 2-day period of work, since the date of the decision to cancel the decision to revoking the business registration certificate, the announcement of the restoration of the legal status of the business in the National Database of Enterprise Registration, Department of Post Office The business registers the information on the National Portal for Enterprise registration.

What? 10. case No sign of forgiveness y Fuck. socket Content Fuck. Assigns. a A career

1. Public Security Agency at Point 1 Article 56 Decree No. 1 78 /2015/NĐ-CP including the Investigation Agency, the Prime Minister, Deputy Chief Executive Officer, the Regulatory Investigation Officer at the Criminal Procedal Code.

2. The business is continued to register for change of business registration content in regulatory cases at Clause 2 Article 56 Digital Protocol. 78 /2015/NĐ-CP And in this case, the public opinion is agreed upon by this.

What? 11. Mining t It's on C. socket National information about enterprise registration

1. Information provided publicly, for free on the National Information Portal on Enterprise Registration (1). www.dangkykinhdoanh.gov.vn ) include: corporate name, corporate code, headquarters address, business, business, name of the law, model of the business, the legal status of the business.

2. In addition to the prescribed free information at Clause 1 This, organizations, individuals may recommend to be provided with information about the business registration content, financial statements of the types of businesses that are kept at the National Database on the Basis Of The Sale. register the business and must pay the prescribed fee.

3. organizations, individuals may offer to be provided with information at Section 2 This at the Ministry of Planning and Investment (Business Registration Center in Business Registration Management), either at the Business Registry or via the Port Authority of the Board of Directors. National information about corporate registration.

The Business Registration Career Center provides the information of all businesses in the National Database of Enterprise Registration. The Provincial Business Registry provides information from the local area of management.

4. The fee provides information at Clause 2, Clause 3 This is in accordance with the rule of law.

What? 12. Restart the legal status of d I don't know. Uh ... Dd Hold. The nation on corporate registration after being revoked of Business Registration Certificate

1. When determining the business of the case is restored to the legal status by regulation at Article 64 Digital Protocol 78 /2015/ND-CP, The Business Registration Office has decided to cancel the Decision to revoking the Business Registration Certificate in accordance with the regulations provided by the V-17 Exhibit.

On the basis of the offer of the Business Registry, the Department of Planning and Investment (Business Registration Management) will provide technical support to transfer the status of the business from being revoked or have dissolved to the ongoing state of operation in the National Database of Management. Business registration. The business was officially restored to legal status at the time of the transition to the active condition.

The Business Registry is responsible for the decision to cancel the decision to revoking the Business Registration Certificate and the restoration of the legal status of the business in the National Database of Enterprise Registration.

2. The restoration of the legal status of the business by regulation at paragraph 2 Article 64 Protocol 78 /2015/NĐ-CP Only 180 days from the day of the Business Registry's decision to revoking corporate registration certificates and businesses that have not moved to the legal status that has dissolved in the National Database of Enterprise Registry.

3. During the 2 day period of work since the time of the business being restored to legal status in the National Database of Corporate Registration, Business Registry informed the tax and business authority over the restoration of the state of France. Business.

What? 13. Sign up for registration information in Paper Come on Yes. Fuck. Eat. Sign enterprise

1. The business case that found the content in the Enterprise Registration Certificate is not accurate compared to the business registration filing content, the business sent the Certificate of Information calibration in accordance with the prescribed pattern at Annex II-14 issued by the company. This information comes to the Business Registry where the business has registered.

The Business Registration Office receives the offer, check the profile and perform the granting of the Enterprise Registration Certificate in a 3-day period of work, since the date received the Business 's recommendation if the information in the company' s proposed paper. It's correct.

2. The case of Business Registry Detection Business in the Business Registration Certificate is not yet accurate compared to the business registration filing content, the Business Registry sent notice of the content to be attached to the registration certificate. The business under the prescribed pattern at Annex V-6 issued this message to the business and made the granting of the Enterprise Registration Certificate to the business during the 3-day period of work, since the date of the announcement.

3. The calibration of information in the Certificate in Validation Of Business Registration Content, Registration Certificate of Branch Activity, representative office, Business location registration certificates and business registration information at the National Database of Registered Business Registration in Clause 1, Clause 2 This.

What? 14. Information Ensign in Base d Hold. whether the country for business registration in case What? All y y Come on Business registration. Okay. Not on file, sequence, earth. brew Follow me regulation or the manifest information o Lake. Sister. register d No, no, no, no, no, no, no.

1. The case of a registered business registration case is not correct case, sequence, procedure procedure, Business Registration Office currently rules in Clause 2 Article 58 Digital Protocol 78 /2015/NĐ-CP . On the basis of valid records provided by the business and submitted, the Business Registry performs the information performance in the National Database of Enterprise Registration before the grant of the Business Registration Certificate, the Certificate of Change to Change the Business. Business registration.

2. The case of information in the registered business registration filing is not honest, not accurate, the Business Registration Office currently rules at Section 3 Article 58 of the number of digits. 78 /2015/NĐ-CP . After a decision to handle the breach of the state agency with jurisdiction, on the basis of valid records provided by the business and submitted, the Business Registry performs the information correction in the National Database of Enterprise registration before the level of the sale of the business. The Business Registration Certificate, the Certificate of Change of Business Registry.

What? 15. plugin Information in Paper Come on Business registration, business registration records

1. The business is responsible for the full addition of information missing in the business registration profile when changing the business registration content, including information: phone number, fax number, email address (email), electronic information page, or email. (website) of the business. The addition of the business ' s phone number information in the business registration filing is mandatory. The business case does not add information about the number of businesses, the registration filing changes in the business registration contents are deemed to be ineligible under the provisions of Article 15 Article 4 The Business Law.

2. On the basis of a business database in the National Database of Enterprise Registration, the business is obliged to carry out an update, the addition of information in the Enterprise Registration Certificate, the business registration filing under the regulation at the Business Registry. 7 Article 8 Corporate Law, as follows:

a) The business case is only updated, adding information on the number of phones, fax numbers, emails, websites, addresses of businesses due to changes in the administrative status, information on the identity of the people, the address of the individual in the Business Registration Certificate The business sends a prescribed pattern of Messages at Appendix II-5 issued with this message to the Business Registration Room where the business is headquartered. The Business Registration Office receives the announcement and issued a Business Registration Certificate for Enterprise

b) The business case is only updated, adding information in the business register profile without changing the content of the Enterprise Registration Certificate and not belonging to the case of notification changes in the business registration content of the business. located at Articles 49 to Article 54 The number of numbers 78 /2015/NĐ-CP then the business sends a prescribed pattern of Information at Appendix II-5 issued by this message to the Business Registration Room where the business is headquartered.

The Business Registration Room adds information to the business ' s profile, updating the information to the National Database of Enterprise Registration and the license level confirmation by the corresponding regulation at the International Conference of Numbers. 78 /2015/NĐ-CP In this case, the business is not payable.

What? 16. Switch Enterprise registration information on Database Business regionation

1. When performing a business registration level, the Business Registry does the digitization of the business registration record, load, and full storage into the National Database of Enterprise Registration.

2. The conversion of the business registration profile information is specified in accordance with Article 11 Article 3 of the Digital Protocol. 78 /2015/NĐ-CP . For business registration records that have been received prior to this Smart Day is effective and have not been digitized when performing a business registration level, annually, Business Registry Building Plans to deploy and Budget Planning to Build a New Deal. The organization implemented the conversion of information and full storage of enterprise registration records in the form of e-text into the National Database of Enterprise Registry.

What? 17. Fuck. Pine. believe register Business, Chuy. Okay. Fuck. socket i data In the National Database. Okay. enterprise register

1. The business case that found the business registration information content is missing or is not accurate compared to the paper of the Business Registration Certificate, Business Registration Certificate, Business Registration and Tax Registration, The Certificate of Investment, Investment License (later known as the Certificate) due to the process of transferring data into the National Database of Enterprise Registration, the business sends the specified template to a prescribed pattern at the II-16 Exhibit. Go to the Business Registry, where the headquarters are located. It is accompanied by a Certificate of the Attachment that must have a copy of the certificate valid copy.

During the 3-day period of work, since the date of the acquisition of the Enterprise's signature proposal, the Business Registry is in charge of compleming the business registration information in the National Database of Enterprise Registration.

2. The business of Business Registry found that the business registration information content was not or not accurate compared to the paper of the Certificate of Certification due to the process of transferring data to the National Database on Enterprise registration, in the deadline. 3 days of work since the discovery, the Department of Business Subscription adds, the performance of the business registration information in the National Database of Enterprise Registration.

What? 18. Standardization Registration. d I'm sorry Base national data on registration I do

1. For the business registration information transferred to the National Database of Enterprise Registration from the data on the business registration of the business in the Business Registration and Investment Registry, the information base is held at the Database. The National Register of Business Registration, Business Registry sends a Notice of Controlling Enterprise Registration Information, the operating status of the business to the business, demanding business for information and:

a) Response to the Business Registry for the 90-day period from the day of the Business Registration Office to the Notice and is responsible for the integrity, the accuracy of the registered information under the provisions at Clause 7 Article 8 Enterprise Law.

b) Overtime specified at Point A 1 This does not receive a business response notice, Business Registry requires business reporting by regulation at Point 1 Article 209 Enterprise Law. The business case does not submit a report by regulation at Point 1 Article 209 Enterprise Law, Business Registry for the recovery of a Business Registration Certificate in accordance with the order, procedure stipulated at paragraph 4 Article 63 Decree No. 78 /2015/NĐ-CP.

2. On the basis of information about the logging business at the National Database of Enterprise Registration within the local scope of management, the annual plan base, the Presiding Business Registry Office, in coordination with the tax authority and related agencies. They ' re going to build a plan to scrutinate the functioning of the business. The procedure, the procedure to sweep the functioning of the activity of the business in accordance with the provisions of this Article 1 Article.

3. At least once a year, the Business Registry chaired, in coordination with the tax authority and other related agencies to build up the deployment plan and budget plans for the standardization of enterprise registration data.

4. The notification pattern for controlling enterprise registration information, the operational status of the business, the announcement of a response to the results of a review of enterprise registration information, the state of business operations specified in Clause 1 This is done. According to the V-7, the II-15 issued this.

What? 19. B socket adding data about corporate registration in Base data Business registration Nation

1. On the basis of business registration storage at the Business Registry, the investment registry and existing data in the National Database of Enterprise Registration, quarterly, annual, Business Registration is in charge of a review of the business of the business. It ' s a reference to the addition of data to the National Database on Enterprise Registry.

2. The Business Registry is responsible for the full addition of data on the business, its dependable unit, the business location of the business from the local database to the National Database on Enterprise Registration, ensuring additional information is a part of the business. It matches the original information.

What? 20. t Cove

1. This message has the enforcement effect since January 15, 2016, replacing the Digital Information Digital. 01 /2013/TT-BKHT January 21, 2013 of the Ministry of Planning and Investment Guide to Enterprise Registration.

2. The Department of Planning and Investment of the Provinces, the Central City of China, the district-level business registry, the established businesses under the Corporate Law, the founder of the business, business households, and organizations, the relevant individual responsible. This is a private practice.

3. During the execution, if there is an entangrium, recommended organizations, individuals with a timely reflection on the Ministry of Planning and Investment for research, modification, supplements.

Minister.

(signed)

Hallelong