The Decree 78/2015/nd-Cp: About Business Registration

Original Language Title: Nghị định 78/2015/NĐ-CP: Về đăng ký doanh nghiệp

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THE GOVERNMENT.
Number: 78 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 14, 2015

DECREE

About Enterprise Registry

_____________

Government Law Base December 25, 200 One.

Corporate Law Base June 26. 11 20 1 4;

The Investment Law Base November 26, 2014;

Law Management Base What? collection What? November 29, 2006;

Correct Law. socket i, addition of some of the provisions of the Tax Management Law November 20, 2012;

Code C. Ah! Credit card dates. 1 June 6, 2010;

On the recommendation of the Minister of Planning and Investment,

The government issued a decree on registration. What? Business.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree provides details on the profile, sequence, business registration procedure; business registration; regulation of business registry and state management of enterprise registration.

What? 2. Subject applies

This decree applies to the following subjects:

1. Organization, domestic individuals; organizations, foreign individuals perform business registration in accordance with the provisions of the law of Vietnam;

2. Personally, the individual group, the household carrying out the registration of the business pursuits to the regulation of this decree;

3. Business Registry;

4. Tax authorities;

5. Organization, other individuals associated with the registration of the business.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. Business registration is the establishment of an enterprise-based information subscription business, which registers changes or is expected to change in information about corporate registration with business regionship and is saved by the company ' s business. hold at the National Database of Enterprise Registry. Enterprise registration includes enterprise establishment registration, registration changes in business registration and registration obligations, other information under the provisions of this Protocol.

2. The national information system on enterprise registration is a professional business information system on enterprise registration due to the Ministry of Planning and Investment, in coordination with the relevant agencies that build and operate to send, receive, store, display or store the business. Make other tasks for the data to serve as business regioners.

3. The national portal for enterprise registration is an electronic information portal for organizations, individuals to perform business registration through e-network; access to information about enterprise registration; publish business registration content and serve as a business subscription to the public. level of registered business registration of the business registry.

4. The national database of enterprise registration is to gather data on corporate registration on the nationwide range. Information in the business registration records and the legal status of the storage business at the National Database for Enterprise Registration has legal value as the root information about the business.

5. Register the enterprise through an electronic network is the establishment of a business or business establishment that does business registration through the National Portal on Enterprise Registration.

6. Business registration filing via e-network is a corporate register file filed through the National Portal on Enterprise registration, including prescribed documents such as paper by paper, and transferred to e-text. The business registration record through electronic networks has legal value such as the business registration filing by the paper.

7. Electronic text is electronic data generated online or scanned (scan) from the paper's text in the format ". doc" or ". pdf" and accurately represents the contents of the paper text.

8. Public digital signatures are a form of electronic signatures in accordance with the rule of law on digital signatures and digital signature certificate services.

9. Business registration account is an account created by the National Information System of Enterprise Registration, grant to the organization, individual to make corporate registration through e-network. A business registration account is used to authenticate a business registration record through an electronic network in the case of a business establishment or a business that does not use public digital signatures.

10. The valid copy of the papers in the business register record is a copy issued from the original or copy certificate from the original by the agency, the organization with the authority or the copy has been met with the main copy.

11. The number of records is the scan of available data on paper to transfer the paper text data to the electronic text format.

12. Data standardized is the implementation of the step-up, inspection of the projection and addition, the enterprise registration information effect, the operational status of the enterprise in the National Database of Enterprise Registration.

What? 4. The principle of applying for a business registration procedure i file

1. The establishment of a business or business that self-prescribes a business registration profile and is accountable to the law on the legalization, honesty and accuracy of the manifest information in the business register profile. The business case has many legal representatives, the signatures of those who represent the law in the corporate register of the same legal value.

2. The business registry is responsible for the validity of corporate registration records, not responsible for the laws of the business and the founder of the business.

3. The business registry does not resolve the dispute between the members, shareholders of the company together or with the organization, the other individual or between the business with the organization, the other individual.

What? 5. The right to establish business and business registration obligations i The business of the founder of the business.

1. The established business established by law is the rights of the individual, the organization, and the State of the Protection.

2. The established business or business person is obliged to carry out the registration of the business under the provisions of this Protocol and the relevant legislation that is relevant.

3. Serious business registry and other agencies are disturbing to the organization, personally while receiving the profile and addressing the registration of the business.

4. The ministries, peer agencies, the People 's Council and the People' s Committee of the Nations are not issued regulations on the business registration applicable to their own or local. The regulations on corporate registration due to ministries, peer agencies, the People's Council and the People's Committee on the issue of the Executive Committee with the provisions of this Article expire since the date of this Decree is valid.

What? 6. Corporate registration offer and Business Registration Certificate

1. Form of corporate registration and registration of enterprise registration certification issued by the Ministry of Planning and Investment and applicable to the United Nations.

2. Corporate registration certification is granted to established businesses and operates under the provisions of the Enterprise Law. The Certificate of Business Registration is regulated at Article 29 Enterprise Law and is written on the basis of information in the business registration filing. The certificate of corporate registration is the tax registration certification of the business. Business registration certification is not a business license.

3. The case of corporate registration certification, Registration Certificate of Branch Activity, representative office, Business location registration certificate is saved as electronic data in the National Database of Enterprise Registration in the United States. At the same time there are other content compared to the Enterprise Registration Certificate, Branch Office Registration Certificate, representative office, Office of Business location registration, license certificate, certificate of legal value. has the content that is correctly written according to the contents of the business ' s registration filing.

What? 7. Sales, Business

1. When registering to form a business, when the additional announcement, industry change, business profession or when offering the grant to a Business Registration Certificate, the founder of the business or business of selecting the fourth-level economy in the System. Vietnam ' s economy to score, business in the Business Registration Proposal, Announces Changes In Business Registration Content or a Certificate of Licensing Exchange to Business Registration Certificate. The agency registers the business of instruction, projection, and industry records, the business business of the business into the National Database of Enterprise Registration.

2. The specific content of the four-rule economics sector at Clause 1 This is done by the decision of the Minister of Planning and Investment on the promulgation of Vietnam ' s economic system of economic system.

3. For disciplines, business investment is regulated in other law-based texts, industry, business-based business, law-making.

4. For the industry, business is not in the business system of Vietnam but is regulated in other law-making texts, the industry, the business that is written in the industry, the prescribed profession in those laws that violate the law.

5. For the industry, business is not in the business system of Vietnam and has not yet been regulated in other legal jurisdictions, the business registry considers industry records, this business in the National Data Facility. in terms of business registration if not in the industry, business investment prohibition, while also informing the Department of Planning and Investment (Statistics General) to supplement the industry, the new business.

6. The business case has the need to register the industry, the business is more detailed than the fourth-grade economy, the business of selecting a level four economy in Vietnam ' s economic system, then recording the industry, the business profession of the business. Under the fourth level, you have to make sure the business's detailed business is consistent with the selected four-level industry. In this case, the business, the business profession of the business is the industry, the business details business has scored.

7. Enrollment, business practices in Clause 3, Clause 4 This is in accordance with provisions at paragraph 6; in which, the industry, the business of detail is inscribed in the industry, the prescribed profession in the legal code of law specialization.

8. Enterprise is entitled to business, business investment has been conditional since it is eligible under the rule of law and must guarantee meeting those conditions throughout the course of the operation. State management of the industry, business investment is conditional and examining the approval of business conditions by the authorities of the specialized agency under the provisions of the specialized law.

9. The case of business registration agency receiving the text of the agency has jurisdiction over the business of business business, the conditional business investment profession but does not meet the eligiti-qualified conditions of the law, the business registration agency said. The announcement of the business to suspend business, business investment is conditional. The business case does not suspend business business, business investment is conditional on demand, business regionship requires business reporting by regulation at Point 1 Article 209 Business Law. If the business does not report the program, the business registry performs the recall of the Business Registration Certificate in accordance with the Regulation 1 Article 211 Enterprise Law.

What? 8. Corporate codes, the number of units of the business ' s dependencies, the business location number.

1. Each business is given a unique code called enterprise number code. This code is simultaneously the tax code of the business.

2. The business code exists throughout the operation of the business and is not granted to the organization, the other individual. When the business terminated, the business code terminated the effect.

3. The Enterprise Code is created, sent, automatically received by the National Information System on Enterprise registration, Tax Registration Information System, and is written on the Business Registration Certificate.

4. The unified state governing body uses the corporate code to manage and exchange information about the business.

5. The value of the unit's dependency is issued to the branch, the representative office of the business.

6. The number of digits of the business location is the 5-digit number that is issued in the order number from 00001 to 99999. This code is not the tax code of the business location.

7. The business case, the branch, the representative office is effectively terminated the tax code effect due to the violation of the tax legislation, the business, the branch office, the representative office not to use tax codes in economic transactions, since the tax authority date. public announcement of the termination of the tax code effect.

8. For the branches, the representative office established before the date of this Decree effective but has not been granted the number of subordinated units, the business is directly connected to the tax authority to be granted a 13-digit tax code, then perform the procedure. change in active registration content at the Business Registry in accordance with the rules.

9. For businesses to be established and operate under the Investment License or Investment Certificate (at the same time as Business Registration Certificate), the corporate code is the tax code code provided by the tax authority for the business.

What? 9. Business registration records

1. The person who founded the business or business is filing a profile when performing a business registration procedure.

2. The business registry is not required by the founder of the business or business to submit additional records or paperwork in addition to the papers in the prescribed business registration filing.

What? 10. Personal endorsement papers in the business register profile

1. For Vietnamese citizens: Public ID Card or N/Vietnam passport or passport effect.

2. For foreigners: Foreign passports or documents that have a value of replacing foreign passports in effect.

What? 11. Proxy the right to perform enterprise registration procedures

Where the founder of the business or the proxy business for the organization, the other individual performs the procedure in connection with the business register, when the procedure, the authorized person must submit a valid copy of one of the individual certificate papers. specified at Article 10 of this decree, accompanied by:

1. The contract valid copy provides services between the founder of the business or business and the organization as the procedure for the procedure to do with the business registration and the introduction paper of that organization to the individual directly implementing the relevant procedure. the business registration; or

2. Text authorship under the rule of law for the individual who performs the procedure in connection with the business register.

What? 12. Corporate register according to the backup process

1. The business registration level according to the backup process is the issuer of the business registration not implemented through the National Information System on Enterprise registration.

2. The co-ordination of the procedure for the licensing of the business registration system according to the backup process between the business registry and the tax authority implemented by the process of rotation of the filing by the paper.

3. Base at the time expected to rectify the incident or upgrade the National Information System on corporate registration, except for the unimpede case, the Ministry of Planning and Investment announced ahead of the expected time for the business registry to take the granting of the business. register the business according to the backup process.

4. During the 15-day period of work, since the end of the business registration level according to the backup process, the business registry must update the data, the new information has granted the business to the National Database of Enterprise Registration.

Chapter II

THE MISSION, THE POWERS OF THE BUSINESS REGISTRY AND STATE MANAGEMENT OF THE ENTERPRISE REGISTER.

What? 13. Business Registry

1. The business registry is held in the province, the Central City of Central (the following is the provincial level) and in the district, the district, the town, the provincial city (the following general is the district level), which includes:

a) At the provincial level: Business Registry in the Department of Planning and Investment (then collectively known as Business Registry Office).

The Business Registry can organize the profile reception points and pay the results of the Business Registry at various locations on the provincial table.

The city of Hanoi, Ho Chi Minh City can form one or two business regioners and are numbered in order. The creation of the Business Registration Room was decided by the People's Committee after its unification with the Ministry of Planning and Investment.

b) At the district level: The Financial Chamber-Plans of the District People's Committee perform the task of registering a business passport specified at Article 15 of this decree (the following is a district-level business registry).

2. The business registry has its own account and seal.

What? 14. Mission, the powers of the Business Registry

1. Direct to the business register profile; see the validity of the business registration record and grant or refuse to issue a Business Registration Certificate.

2. Coordinate the construction, management, operator of the National Information System on Enterprise Registration; implementation of the standardization of data, update the local business registration data to the National Database on Enterprise Registration.

3. Provide information about the registration of businesses in the National Database of Enterprise Registration within the local range of management to the Provincial People ' s Committee, the Local Tax Service, relevant agencies and organizations, the individual has a request in accordance with the report. The rules of the law.

4. Corporate requirements report on adhering to the regulations of the Corporate Law in accordance with the Section 1 Article 209 Enterprise Law.

5. Direct check or recommend the state agency has the authority to examine the business according to the content in the business registration profile; instruct the district-level business registration agency for records, sequencing, business registration procedures; business guidance, and business. And the founder of the business of records, sequencing, business registration procedures.

6. Requied the business to suspend business, business investment is conditional on regulation at paragraph 9 Article 7 This decree.

7. recall the Business Registration Certificate for the business of the specified cases at Clause 1 Article 62 This decree.

8. Sign up for other types according to the rule of law.

What? 15. Mission, the powers of the district-level business register

1. Direct recipient of a business passport registry; see the validity of the case and grant or refuse to issue a Business Subscription Certificate.

2. Coordination of construction, management, operation of information systems on the operating business on the site; periodically reporting the District People's Committee, Business Registry, district tax authorities on the situation of registration of business households on the site.

3. Direct check or recommend the state agency has the authority to examine the business of the business according to the content of the business passport registration; business guide and business founder of the case, the sequence, the registration procedure for the business.

4. Request for a business to report a business situation when needed;

5. Request for a business to suspend business business, the business that is conditional on finding a business does not meet the business conditions.

6. recall a registered business registration certificate in the prescribed cases at Clause 1 Article 78 This decree.

7. Sign up for other types according to the rule of law.

What? 16. State management of business registration

1. Ministry of Planning and Investment:

a) The issued authorship, issued in accordance with the copyright jurisdiction of the law of enterprise registration, business registration, professional manual text, business, modeling, report mode, business registration, registration, registration, for business and business registration through e-network;

b) Instructions, training, fostering business registration for business regioners and organizations, individuals with requirements; wac, directing, tracking, checking the implementation of enterprise registration;

c) Public registration content is published; provides information on the business registration content, legal status and financial statements of the storage enterprise at the National Database of Enterprise Registration for Government-related agencies, for the organization, the individual has a request;

d) The Business Registry Guide implementation of the standardization of data, updating the local business registration data to the National Database of Enterprise Registration;

Construction, management, development of the National Information System on Enterprise Registration; instructs the construction of the business to operate the National Information System on local business registration;

e) Host, in coordination with the Ministry of Finance in the connection between the National Information System on Enterprise registration and the Tax Registration Information System;

g) Release the business information publication to make a posting of information about corporate registration, establishment of branch, representative office of the business across the country;

h) International cooperation in the field of enterprise registration.

2. Ministry of Finance:

a) Coordinated with the Ministry of Planning and Investment in the connection between the National Information System of Enterprise Registration and the Tax Registration Information System aimed at providing enterprise number codes, the business ' s dependable unit number, the business location number of business locations. business registration and exchange of information about the business;

b) Chair, coordination with the Ministry of Planning and Investment Guide to the Procurement Regime, submit, management and use of fees, corporate registration fees, registration of business, registration of branch operations, representative operating office, business location, business location, business, and information. You know, I'm content for business registration.

3. The Ministry of Public Security, in collaboration with the ministries, is concerned with the guidance of the identification of the manifest content in the business registration filing as forgery.

4. The ministries, peer agencies, government agencies within the functional range, its mandate are responsible for conducting law enforcement on business conditions; inspection, inspection, handling of the violation of the approval of the business conditions under the jurisdiction of the government. State management; review and publication on the Ministry's electronic information page, peer-to-peer agency, the government-listed government of the industry, business investment conditional, business conditions within the state management range and sent to the Department of Planning. and Investment to post on the National Information Portal on Enterprise Registration.

5. The Provincial Committee of the Provincial People, the Central City of the Central Committee of the People's Composition, the funds and other resources for the business registry to ensure the implementation of the duties, the provisions stipulated at this decree.

Chapter III

ENTERPRISE NAME REGISTER

What? 17. duplicate names and names

1. The person who founded the business or business is not named a duplicate or misleading business with the name of another business registered in the National Database of Corporate Registration on the nationwide scope, except that the business has solved it. The Court claims to have the effect of the bankruptcy court.

2. The following cases are considered to be confusing to the names of registered businesses:

a) The cases under the provisions of Clause 2 Articles 42 Corporate Law;

b) The personal name of the business coincids with the name of the registered business.

3. The name of the business that writes in foreign language is not identical to the foreign language written name of the registered business. The abbreviation of the business is not duplicated with the initiing name of the registered business. The anti-namesake in this clause applies on a nationwide scale, except those that have dissolved or have had the effect of the Court to declare the bankruptcy of the business.

4. Businesses operating under the Investment License or Investment Certificate (at the same time the Business Registration Certificate) have the name of a duplicate, the misleading name to the registered business name in the National Database of Enterprise Registration. It's mandatory for registration.

5. Recommend and facilitate businesses whose names coincide with each other to register for business names or to add names to the name of the business name.

What? 18. Other issues related to the name of business

1. Corporate names include two elements:

a) Business type;

b) The name of the business.

2. Before registering a business name, the business refereed the name of the registered businesses in the National Database of Enterprise Registration.

3. The Business Registration Room has the right to approve or reject the registration of the registered business under the rule of law and the decision of the Business Registry is the final decision.

4. Businesses operating under the Investment License or Investment certificates (at the same time the Business Registration Certificate) are continued to use registered business names and are not required to register for an exchange name.

What? 19. Processing for the case of the business name invasion of industrial ownership

1. Do not use the brand name, trademarks, geographical instructions of the organization, the individual has been protected to constitute the own name of the business, unless the event is approved by the owner of the commercial name, the trademark, the geographical directive. Prior to the registration of the name of the business, the founder of the business or business could refer to the trademarks, the registered geography guide and stored at the Database on the label on the label and the geographical directive of the state governing body for public ownership. Oh,

2. The base to determine the name of the business invasion of industrial ownership is made in accordance with the laws of intellectual property.

The business must be held accountable to the law if the name of the business is to invade the ownership of the industrial. In the name of an industrial invasion of industrial ownership, the business with the name of the breach must register to change its name.

3. The owner of the right, organic industriable, has the right to recommend the Business Registry Office that requires the business to invade the ownership of the industrial right to change the name accordingly. The owner of the ownership industry is obliged to provide the Business Registry of the required documents by regulation at Section 4 This.

4. Business Registry, issued a notice asking the business to invade the business name when receiving the announcement of the owner of the industrial ownership of the alleged industrial ownership of the industry. Accompanied by the announcement of the owner of the right industry:

a) A valid copy of the conclusion text of the agency with jurisdiction over the use of the business name is to violate industrial ownership;

b) A valid copy of the trademark registration certificate, the Certificate of Registration Certification; the national register quotation of the label, the protected geographical directive issued by the state governing body for the possession of the industry; the valid copy of the certificate. International registration labels are protected in Vietnam by the state governing body for industrial ownership.

5. In the 10-day period of work, since the date received full paperwork in accordance with Article 4 Article 4 This, Business Registry out of Business Intelligence requires the name to invade the business name and proceed with the procedure to change the name in the deadline. 2 months from the announcement. After the deadline, if the business does not change the name required, the Business Registry informs the state agency to have jurisdiction to handle the provisions of the intellectual property of the intellectual property.

6. The case of an agency with a jurisdiction over the violation of the decision to punish the administrative breach, which applies the remediation measure to be forced to change the business name or force the elimination of the violation element in the business name but organization, individual vi ... Committing not to be done in the statute of limitations, the agency has the authority to handle the breach of the information for the Business Registry to ask the business to report the procedure as specified at the Point Clap 1 Article 209 Enterprise Law. In the case of non-reported business, the Business Registry is able to recover the Business Registration Certificate in accordance with the Regulation 1 Article 211 Enterprise Law.

7. Ministry of Planning and Investment, Ministry of Science and Technology Guide this Article.

What? 20. Branch name, university office d Yeah, business location.

1. The branch name, representative office, business location is done by regulation at Article 41 Enterprise Law.

2. In addition to the Vietnamese name, branch, representative office, business location of the business can register the name in foreign language and the abbreviation.

3. The specific name in the branch name, the representative office, the business venue of the business is not used the phrase "company", "business".

4. For state enterprises when it is converted into a unit of a dependent accounting unit, it is allowed to keep the name of the state business before reorganizing.

Chapter IV

PROFILE, SEQUENCE, BUSINESS REGISTRATION PROCEDURE REGISTRATION OF BRANCH OPERATIONS, REPRESENTATIVE OFFICE, BUSINESS LOCATION, BUSINESS AND BUSINESS

What? 21. Corporate registration records for private enterprise

1. Business registration proposal.

2. The valid copy of one of the private enterprise owners ' personal endorsement papers stipulated at Article 10 of this Decree.

What? 22. Lake s Uh ... register business for the limited liability company of two or more members, the holding company and the company in partnership.

1. Business registration proposal.

2. Company charter.

3. The list of LLC's two-member LLC, the company that is listed, the founding shareholder and shareholder list is the foreign investor for the holding company. The list of delegated representatives to foreign shareholders is the organization.

4. The following valid copy of the following papers:

a) One of the individual certificate papers stipulated at Article 10 of this decree for the case of the establishment of the business as a personal;

b) The decision to establish or Certificate of Enterprise Registration or Other equivalent paper, one of the individual certificate papers stipulated at Article 10 of this Decree of the authorized representative and the corresponding authorship text to the case. the founder of the business is the organization;

c) The investment registration certificate for the case of a business is established or joined established by the foreign investor or economic institution that has foreign investment capital under the provisions of the Investment Law and implementation manual text.

What? 23. Corporate registration records for the LLC a member of the company.

1. Business registration proposal.

2. Company charter.

3. The valid copy of one of the individual certificate documents stipulated at Article 10 of this Decree of the delegate by proxy to the LLC a member is held in accordance with the stipulation at the Point A 1 Article 78 Business Law. Oh,

A list of authorized representatives and a valid copy of one of the individual certificate papers stipulated at Article 10 of each delegate by proxy for the limited liability company a member is held in accordance with regulations in the United States. Point b 1 Article 78 Business Law.

4. The following valid copy of the following papers:

a) One of the individual certificate papers stipulated at Article 10 of this company owner of the company on the case of the owner of the company is personal;

b) The decision to establish or Certificate of Enterprise Registration or other equivalent paper, the Charter or other equivalent document of the company owner to the company which owns the company is the organization (except for the case of the company owning the company as House). water);

c) The investment registration certification for the business case is established by foreign investors or economic organization that has foreign investment capital by regulation at the Investment Law and implementation manual text.

5. The authorization text of the owner for the authorized person to the case of the company owner is the organization.

What? 24. Corporate registration records for companies established on the basis of split, separation, merge, and the company receiving mergers and acquisitions.

1. The case divides the LLC, the holding company, in addition to the regulatory paperwork at Article 22, Article 23 of this decree, the corporate registration filing of newly established companies must have a decision to divide the company by regulation at Article 192 Corporate Law. A valid copy of the membership of the Council of Nations, a member of the Council of the shareholders of the Council of the East, to the company of shares of the company and its copy of the Company's Certificate of Business Registration or Paper. The other equivalent of the company is divided.

2. The case separating the LLC, the holding company, in addition to the regulatory paperwork at Article 22, Article 23 of this decree, the company ' s corporate registration record is separated to have a decision to separate the company by regulation at Article 193 Business Law, copyright. The membership of the Board of Membership Meeting is valid for the two-member LLC, of the General Assembly of the shareholders with the holding company on the separation of the company and the valid copy of the Certificate of Enterprise Registration or Equivalent Paper. Different from the company.

3. The case of merging some of the companies into a new company, in addition to regulatory papers at Article 22, Article 23 of this decree, the corporate registration filing of the merged company must have additional regulatory papers at Article 194 Enterprise Law and valid copy. Corporate registration certificates or other equivalent papers of the companies are merged.

4. The case of merging one or a number of companies into another company, in addition to the regulatory paperwork at Chapter VI This decree, the corporate registration filing of the contracting company must have additional regulatory papers at Article 195 Corporate Law and Reasonable Copies. The business registration certification or other equivalent paper of the company receives mergers and mergers.

What? 25. Corporate registration records for business conversion cases

1. The case of converting the LLC a member to a limited liability company of two or more members, the transfer registration filing includes:

a) Business registration proposal;

b) The regulation of the company that transfers by regulation at Article 25 Enterprise Law;

c) A membership list and a valid copy of one of the individual certificate papers stipulated at Article 10 of this Membership of the company members for the membership case is the individual and the valid copy of the Business Registration Certificate or Paper. The other equivalent to a company membership case is the organization;

d) A transfer contract or a certificate of proof of completing the transfer or a donation to the case of a transfer company owner, donated to a portion of the charter capital for the individual or other organization; the decision by the company owner of the company. adding additional funding to the case of the company mobiles additional funding from individuals or other organizations.

2. The case of conversion of a two-member LLC becomes a member of a member's limited liability company, the transfer subscription filing includes:

a) Business registration proposal;

b) The regulation of the company that transfers by regulation at Article 25 Enterprise Law;

c) A valid copy of one of the individual certificate papers stipulated at Article 10 of the company's owner to the case of the owner being an individual or a valid copy of the established decision or a Certificate of Enterprise Registration or Paper. the other equivalent of the company owner to the company that owns the company is the organization;

d) A valid copy of one of the individual certificate documents stipulated at Article 10 of this Decree of the authorized representative to the limited liability company a member held in accordance with the regulation at the Point A 1 Article 78 Business Law. Oh,

A list of authorized representatives and a valid copy of one of the individual certificate papers stipulated at Article 10 of each delegate by proxy for the limited liability company a member is held in accordance with regulations in the United States. Point b 1 Article 78 Business Law.

The authorized text of the owner for the authorized person to the case of the company owner is the organization;

) Contracts to transfer a portion of the capital within the company or certificates of completing the transfer;

e) Decision and a valid copy of the meeting of the two-member LLC Board member's meeting on the conversion of the company.

3. The case of conversion of private enterprise to a limited liability company, the conversion register profile includes:

a) Business registration proposal;

b) The regulation of the company that transfers by regulation at Article 25 Enterprise Law;

c) List of creditors and unpaid debt, including tax debt, payment deadline; list of existing workers; list of unliquorable contracts;

d) List of members by regulation at Article 26 Corporate Law on the case of conversion to a limited liability company of two or more members; the valid copy one of the individual certificate papers stipulated at Article 10 of these Articles The company member for the membership case is the individual; the valid copy of the Business Registration Certificate or other equivalent paper for the company membership is held;

) The personal business owner ' s commitment to being personally responsible for all of its assets on all unpaid debt of private enterprise and committed to payment of enough debt when it comes to a deadline;

e) The text of the agreement with the parties of the contract has not yet been liquorated on the limited liability company being transferred to the receiving and implementation of those contracts;

g) The commitment text of the private enterprise owner or agreement between private enterprise owners and other capital members of the reception and use of the existing labor of the private enterprise.

4. The case of converting the LLC to a holding company and vice versa, the conversion registration filing includes:

a) Business registration proposal;

b) The regulation of the company that transfers by regulation at Article 25 Enterprise Law;

c) The decision by the owner of the company or the Decision and the copy of the meeting of the Board of the Member or of the General Assembly on the transfer of the company;

d) List of members or lists of the founding shareholders, the list of shareholders is foreign investors and the valid copy of the documents by paragraph 4 Articles 22 and paragraph 4 Article 23 The Business Law;

The contract to transfer a portion of the capital or certificates to complete the transfer or an investment capital agreement.

5. The conversion of the business type in the case of inheritance is made as stipulated for the case of the corresponding type conversion case, in which the transfer contract or the certificates demonstrate the completion of the transfer is replaced by the transfer. The text confirms the legal right of inheritance.

What? 26. Profile, sequence, business registration procedure for credit organization d Cheers.

1. Profile, sequencing, enterprise registration procedure for credit organization, unit dependency, the announcement of the business location of the credit organization implemented by the regulation at this decree corresponds to each of the business types, accompanied by the right profile. has a copy of a valid license or approval document by the State Bank of Vietnam.

2. The State Bank case of the State Bank of Vietnam specifies the representative of the special controlled credit organization, the registration filing changes the representative law enforcement under the stipulation at Article 43 of this decree. In it, the decision of the company owner to the LLC a member, Decision, and a valid copy of the Member Council's meeting of the Member Council for the LLC to the two-member LLC, the decision, and the valid copy. The meeting of the meeting of the General Assembly of the Eastern Council or Decision and the valid copy of the Board's Meeting of the Board of Directors for the holding company is replaced by a valid copy of the decision to specify the representative of the credit organization of the State Bank of Vietnam.

3. The case of the State Bank of Vietnam directly implementing or designated another credit organization that performs the contribution of capital, purchasing the shares of the specially controlled credit organization, the registration filing changes the contents of the business registration performed by the company. according to the corresponding regulation at this Decree, in which, the decision of the company's owner to the LLC a member, Decision, and a copy of the Member Council's membership of the Member Council to the two-member LLC. Forward, Decision and copy of the meeting of the meeting of the General Assembly of the Eastern Council or Decision and a valid copy of the Board of Directors ' meeting. with the holding company, the transfer contract or the certificate of proof completion of the transfer was replaced by a valid copy of the decision of the State Bank of Vietnam.

What? 27. Go on, handle the pool. Uh ... enterprise register

1. The founder of a business or business or a representative by the authorized filing authority at this decree in the Business Registration Room where the business is headquartered.

2. Enterprise registration records are received for entry into the National Information System on Enterprise registration when:

a) There is sufficient paperwork in accordance with this decree;

b) The business name has been filled with the Enterprise registration proposal, the registration proposal changes the business registration content, the announcement of the change in the business registration content;

c) Have the contact address of the applicant register the business;

d), the cost of registration of the business by statute.

3. After the receipt of a business registration record, the Business Registry awarded the receipt for receipt of a file for the applicant.

4. After awares the receipt of the receipt of the filing, the Bureau of Business Registration is full, exactly the information in the business registration filing, which checks the validity of the profile and load the documents in the business register profile after being digitized into the System. National information about corporate registration.

What? 28. Level Certificate of Registration Certificate What? enterprise, validation paper on the change of business registration content

1. Business Registration Office issued a Business Registration Certificate, A Certificate of Changing Business Registration Content for a 3-day period of work since the date received valid records.

2. The case case is not valid or that the business name requires a non-correct registration, the Business Registry must specify a content that needs to be modified, added by writing to the founder of the business or business in the period of 03. the day of work since the date of the filing. The Business Registry records the entire request for modification, the addition of a business registration filing for every set of files submitted by the business in a Notice of Modification Request, the addition of corporate registration records.

3. If the above deadline is not granted a business registration certificate, the Certificate of Confirmation of the Change of Enterprise Content or is not changed to the business registration content in the National Database of Enterprise registration or business registration. did not receive a revised request for a correction, the addition of corporate registration records, the founder of the business or business has the right to complain under the law of the complaint of the complaint, denouncing.

What? 29. Sales of Business Registration

1. Enterprise is granted a Business Registration Certificate when there is sufficient regulatory conditions at Clause 1 Article 28 Enterprise Law.

2. The business can receive a Direct Business Registration Certificate in the Business Registration Room or register and pay for admission to the post office.

3. The information on the Business Registration Certificate has a legal value since the day of the Business Registration Office issued a Business Registration Certificate. The business has a right to operate business since the date of the issue of the business registration certification, except for the case of business business, conditional business investment.

4. The business has the right to request a copy of the Business Registration Star Business Registration Certificate and must submit a prescribed fee.

What? 30. Standardized, updated enterprise registration data

1. The case of corporate registration information in the Business Registration Certificate, the Certificate of Change of Business Registration Content is not yet accurate compared to the business registration filing content, the Business Registration Office, and the direction of the business. the business or directly implementing the specified information correction.

2. The case of corporate registration information in the National Database for Enterprise Registration is missing or is not accurate compared to the Enterprise Registration Certificate, the business registration record by paper issued due to the data conversion process, the Chamber of Business. Register the business guide business or directly add, update the specified information.

3. The business is in charge of updating, adding information on the number of phones, emails when changing business registration content.

4. The deployment of the standardization of data normalization, record digitization, update and conversion of enterprise registration data to business registration records prior to the date of this Decree implementation of the enforcement effect carried out under the annual plan of the Chamber. Business registration.

5. The Ministry of Planning and Investment Guide details the implementation of this.

What? 31. Provide internal information d Business registration.

1. During the 5-day period of work, since the date of the Certificate of Business Registration or Change of Business Registration Content, Business Registry sends corporate registration information and changes the content registration of that business to the agency. Taxes, statistics, labor agencies, social insurance agencies. Agencies that use business registration information provided by the Business Registry Office are not required by the business to provide the information that the Business Registry has sent.

2. periodically, the Business Registry sends a list of information about the registered businesses in the previous month to the general management agency of the same level, the District People ' s Committee, the district, the town, the provincial city where the business is based. -Yeah.

3. The provision, exchange of enterprise registration information between business regioners with other state regulatory agencies implemented by the form of a paper sent by paper or via an electronic network.

4. The organizations, individuals may offer to be provided with information about the business registration content, the legal status and financial statements of the business through the national information portal on corporate registration or directly at the Business Registry Office in the United States. business or at the Ministry of Planning and Investment and must pay by regulation.

What? 32. Charge, Business registration fee

1. The person who founded the business or business must pay a fee, the cost of registration of the business at the time of the filing of the business register. A fee, a business registration fee may be directly filed in the Business Registration Room or transferred into the account of the Business Registration Room or using an electronic payment service. The fee, the tax registration fee will not be reimbursable to the business in case the business is not granted a business registration certificate.

2. Method of payment method, the fee through the electronic network is supported on the National Portal on Enterprise Registration. The cost of using an electronic payment service is not charged in fees, the cost of corporate registration, the cost of providing enterprise registration information and corporate registration fees.

3. When delivering a transaction error in the process of using an electronic payment service, the organization, the individual payment fee, the fee through the electronic network associated with the intermediation organization provides an electronic payment service to be addressed.

4. Ministry of Finance chaired, in collaboration with the Ministry of Planning and Investment Guide to the degree of revenue, revenue, filing, management and the use of fees, corporate registration fees, business registration, business registration fees, corporate registration information, and content publication fees posted. sign of the business ensures partial compensation for the operation of the business registry.

What? 33. Register out of branch operations, representative office, business location announcement, and business.

1. The registration of branch operations, representative office:

When a branch office is registered, the office represents, the business must send a branch, the office representing the Business Registry where the branch is located, the office represents. Notification Content:

a) The number of businesses;

b) The name and address of the headquarters of the business;

c) The branch name, the representative office intended to be established;

d) The address of the branch headquarters, the representative office;

The content, scope of the branch, the office represents;

e) Tax registration information;

g) They, the name; the residence, number of people ' s Witnesses or passports or other legitimate personal evidence stipulated at Article 10 of this decree of the head of the branch, the representative office;

) They, the names, the signatures of the representative according to the law of the business.

Accompanying the specified message at this paragraph, must be

-Decision and a valid copy of the Member Council ' s meeting of the Member Council for the limited liability company of two or more members, of the company owner
The company or its Member Council or Corporate Chairperson for the LLC is a member, of the Board of Directors for the holding company, of the member of the company of its name on the company's name for the establishment of the branch, the representative office;

-A valid copy of the decision to appoint the head of the representative office branch;

-A valid copy of one of the individual certificate papers stipulated at Article 10 of this decree of the head of the branch, the representative office.

2. Business location notification:

The business location of the business may be outside the address of the main headquarters. The business is only located in the province, the Central City of the Central City, where the business is headquartered or placing its branch. For a 10-day period of work, since the day of the decision to establish a business point, the business sends a business location to the Business Registry. Message content:

a) The number of businesses;

b) The name and address of the headquarters of the business or name and branch address (the case of business venues is located in the province, the Central City of Central where the branch is based);

c) Name, business location address;

d) The field of business location;

They, their names, residence, population proofs or passports or other legitimate personal evidence stipulate at Article 10 of the head of the business location;

e) They, the name, the signature of the business representative of the business of the business to the business location case of the business or surname, name, signature of the head of the branch to the case of the branch's business location.

3. When you receive a valid profile of the business, the Business Registration Business enters the National Information System on Enterprise registration to require branch code, representative office, business location. In the 3-day period of work since the date of receiving a valid profile, the Office of Business Registration Certificate Registration of Branch Activity, the representative office, updates information on the business location in the National Database of Enterprise registration. For business. The business case has a need, Business Registration Office issued a business location registry.

4. School of branch business, representative office in the province, the other city where the business is headquartered, Business Registration Room where the branch, the representative office is based on information to the Business Registration Room where the business is located. Headquarters.

5. The establishment of the branch, the representative office of the overseas business in accordance with the provisions of that water law.

For a 30-day period of work, since the official opening of the branch, the office of overseas representatives, the business must inform the Business Registration Room where the business has registered. There must be a copy of a valid copy of the Registration Certificate of Branch Activity, representative office or equivalent paper to supplement the branch information, the representative office of the business in the National Database of Enterprise Registration.

What? 34. Messages use, change, seal template

1. The business has the right to decide on the form, content and number of seals of the business, branch, representative office. Businesses can have multiple seals with the same form and content.

2. Before the use, change, seal of the seal, change the number of seals of the business, branch, representative office, business to send notifications to the Business Registration Room where business, branch, office representative office is based for posting the business. Notification of the seal on the National Portal on Enterprise Registry. The message contents include:

a) Name, number code, headquarters of the business or branch or representative office;

b) The number of seals, seals, the timing of the seal's validity.

3. When receiving the signature sample of the business, the branch, the representative office, the Business Registry awarded the receipt for the business, making the registration of the seal on the National Portal on Enterprise Registry.

4. The Business Registry is not responsible for the integrity, accuracy, legal fit, the culture, the culture, the ability to confuse the seal and the dispute that arise due to the management and use of the seal.

5. The business case has been issued notice of posting information about the business ' s seal of the business, branch, new representative office, the announcement of the posting of information about the seal of the business, the branch, the representative office of the company. No, the last time it wasn't in effect.

Chapter V.

BUSINESS REGISTRATION THROUGH E-NETWORK

What? 35. Enterprise registration through e-network

1. Organization, individuals may choose to form the form of enterprise registration through e-network. Business registry rooms facilitate organizations, individuals to learn information, perform enterprise registration through e-network.

2. Organization, individuals choose to use a public digital signature or use a Business Registration Account to register the business over an electronic network.

3. Business registration records through electronic networks have legal values such as paper submitted by paper.

What? 36. Corporate registration records through the network of fatal electricity l Don't

The filing of enterprise registration through an electronic network is valid when full assurance of the following requirements:

1. There are full sheets of papers and the contents of those papers are fully prescribed as records by paper and passed into the form of e-text. The name of the electronic text must be in the same name as the document type in the paper by the paper.

2. The business registration information is fully entered and is accurate according to the information in electronic texts.

3. Business registration filing via an electronic network must be authenticated by a public number signature or a Business Registration Account of the agent in accordance with the law of the business.

What? 37. The procedure, the procedure for registration of the enterprise through an electronic network using a public number signature

1. The representative under the law enumerate information, downloading the electronic text, divising the electronic registration records and payment of the charge through the electronic network according to the National Information Portal on Enterprise Registration.

2. After the completion of the registration of registration records, the representative under the law will receive the Enterprise Registration Profile receipt.

3. The case case eligible for a Business Registration Certificate, Business Registry sends information to the tax authority to automatically generate the number of businesses. After receiving the corporate code from the tax authority, the Business Registry issued the Business Registration Certificate and notified the business of the granting of the Business Registration Certificate. The case case is not valid, the Business Registry sends a notification through an electronic network for the business to request a revision, the filing addition.

4. The business registration process through the regulatory electronic network at this also applies to the registration of branch operations, representative offices, and the announcement of the business location of the business.

What? 38. Presentation, Business registration procedure using Business Registration Account

1. The representative under the law enumerate information, downloading the electronic text of personal certificate documents at the National Portal on Enterprise Registration to be granted a Business Registration Account.

2. The representative under the law uses a Business Registration Account to prescribe information, download the electronic text, and validate the business registration records through the electronic network according to the National Portal on Enterprise Registry.

3. After completing the sending of registration records, the founder of the business will receive the Enterprise Registration Profile receipt through the electronic network.

4. The Business Registry is responsible for review, sending an email message to the business to request a revision, adding a case in the case of an unincorporated case. When the file was eligible for a business registration certificate, the Business Registry sent information to the tax authority to create the number of businesses. After receiving the number of business codes from the tax authority, the Business Registry notified the business of the enterprise on the granting of a business registration certificate.

6. After receiving a notice of the granting of a business registration certificate, the representative under the law filed a business registration case with the paper attached to the Register Business Registration Profile through the electronic network to the Department of Business Registry. Business. The law-based representative can directly submit a business registration profile with a license and paper receipt of enterprise registration records through an electronic network at the Business Registry or through the mail line.

6. After receiving the record by a paper, the Business Registry for the portfolio of the case file with the portfolio of business records sent through the electronic network and awarded the Enterprise Registration Certificate to the business if the content of the opposition was unified.

If the 30-day period is too long, since the date of sending a notice of the granting of a business registration certificate in which the Business Registry does not receive a license by paper, the business registration record of the business is no longer valid.

7. The representative under the law is responsible for the integrity and exact nature of the file filed in comparison to the file set sent over the electronic network. The case of the file filed by the paper was not accurate compared to the file sent via the electronic network that the applicant did not inform the Business Registry at the time of the filing by the paper, which is considered a case forgery and would be processed under the rules. This is, at the end of Article 63 of this decree.

8. The business registration process through the regulatory electronic network at this also applies to the registration of branch operations, the representative office, the announcement of the business location of the business.

What? 39. l Violation, complaint, and dispute resolution related to public digital signatures, Business Registration Account, and Public Compensation.

Identification and handling of disputes, complaints and violations related to the management, use of public digital signatures, Business Registration Account is carried out by law.

Chapter VI

PROFILE, SEQUENCE, REGISTRATION PROCEDURE CHANGES IN BUSINESS REGISTER

What? 40. Subscription socket The main address of the business

1. Before registering to change the address of the headquarters, the business must carry out procedures with the tax authority regarding the transfer of the site under the provisions of the tax law.

2. The case of transferring the headquarters address to another within the province, the Central City of the Central District where the business has registered, the business sends a Notice to the Business Registry where the business has registered. Notification Content:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) The address headquarters is intended to be moved to;

c) They, the name, the signature of the representative according to the law of the business.

Accompanying the Notice must have a Decision and a valid copy of the Member Council meeting for the two-member LLC, of the General Assembly of the shareholders to the holding company and of the signage members of the company. list; the decision of the company owner to the LLC is a member. Decided, the meeting editor must specify the contents modified in the Company Charter.

Upon receiving the offer, the Business Registration Office awarded the receipt, which checks the validity of the profile and issued the Business Registration Certificate to the business.

3. The case of transferring the administrative headquarters of the business to the province, the other Central city where the business has registered, the business sends a Notice to the Business Registry where the new headquarters are located. Notification Content:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) The address headquarters is intended to be moved to;

c) They, the name, number of the People's Witnesses or Pascor or other legitimate personal evidence stipulated at Article 10 of this Decree, the permanent address and signature of the representative in accordance with the law of the business.

Included with the required message:

-A copy of the company's revised charter;

-The membership list for the two-member LLC is on the list; the list of authorized representatives to the LLC a member; the founding shareholder list, the shareholder is the foreign investor, the representative of the company. under the authority of the shareholder is the foreign organization for the holding company; the list of members of the list is valid for the company of the name;

-Decision and a valid copy of the Member Council ' s meeting of the Member Council for the two-member LLC, of the General Assembly of the shareholders to the holding company, of the members of the title to the company in partnership; the decision of the owner. It ' s a company for a company that is limited to a member.

Upon receiving the announcement, the Business Registration Room where the business intends to set the new headquarters to give the receipt, check the validity of the filing, grant the Business Registration Certificate to the business and send information to the Business Registry in advance. This business is registered.

4. The changing of the business ' s headquarters address does not change the rights and obligations of the business.

What? 41. Subscription i business name

1. The case of renaming, the business sends a Notice to the Business Registration Room where the Certificate of Business Registration is issued to the business. Notification Content:

a) Current name, corporate code, tax code or business registration certificate (case of an unencrypted business number, tax code);

b) The name is expected to change;

c) They, the name, the signature of the representative according to the law of the business.

Accompanying the Notice must have a Decision and a valid copy of the Member Council meeting for the two-member LLC, of the General Assembly of the shareholders to the holding company and of the signage members of the company. the name; the decision of the company owner to the LLC is a member. Decided, the meeting editor must specify the contents modified in the Company Charter.

2. When receiving the Notice, the Business Registration Office awarded the receipt, check the validity of the profile and grant the Business Registration Certificate to the business if the business's expected name is not contrary to the name of the business name.

3. The changing of the name of the business does not change the rights and obligations of the business.

What? 42. Subscription socket A valid member.

The case terminated as a member of the title, taking on a new signage under regulation at Article 180, Article 181 Enterprise Law, the company that contracts to send a Notice to the Business Registration Room where the company has registered. Notification Content:

1. Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

2. They, the name, number of the People ' s Certificate or Pasship or other legal personal endorsement stipulated at Article 10 of this Decree, the permanent address of the new member of the new name, of the member who is terminated from the honorary member;

3. The signature of all signage members or authorized members is authorized, with the exception of membership terminated from a member of the title;

4. The contents are modified in the Company Charter.

There must be a valid copy of one of the individual certificate papers stipulated at: Article 10 of the membership of the new name of the new name.

Upon receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile and issued the Business Registration Certificate to the business.

What? 43. Register changes the representative under the law of the limited liability company, the holding company.

1. The registration filing changes the representative under the law of the LLC, the holding company that includes the following papers:

a) The announcement of the change in the face of the law;

b) A valid copy of one of the individual's personal certificate papers, replacing as a representative of the company's law;

c) The decision of the company owner to the LLC a Member of the Decision and a valid copy of the Member Council ' s meeting of the Member Council for the two-member LLC goes back to changing the agent in accordance with the law. the law;

The decision and copy of the shareholders ' meeting of the General Assembly to the holding company on the changing of the representative under the law in case of changing the agent under the law changes the rules of the Company;

The decision and the valid copy of the Board 's meeting of the Board of Directors for the holding company in case of changing the agent under the law does not alter the content of the Company' s Charter beyond their content, name, signature of the agent in accordance with the The law of the company stipulated at Article 25 of the Enterprise Law.

Decided, the meeting editor must specify the contents modified in the Company Charter.

2. The notification content changes the representative under the law:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) They, the name, number of the People ' s Witnesses or Pascots or other legal personal evidence stipulated at Article 10 of this decree, the title, permanent address of the person who is being represented by the law of the company and of the addition, replaced as a representative. according to the law of the company;

c) They, the names and signatures of one of the following individuals:

The company owner for the limited liability company a member whose owner is personal.

The Chairman of the Member Council or the Chairman of the Company for the LLC a member whose owner is the organization.

The President of the Council of the Member of the Council for the LLC is a two-member company. The case for the President of the Council is a representative under the law enforcement officer who informs him that the Chairman of the Board of members is elected by the Assembly.

Chairman of the Board of Directors for the holding company. In the case of the Chairman of the Board of Directors as a representative under the law, the sigman announces that the Chairman of the Board of Directors is elected by the Board of Directors.

The case of the President of the Board, the President of the Company or the Chairman of the Board of Directors of the company who fled the residence, is imprisoned, mentally ill or other diseases that cannot be aware of, master himself or refusing to sign into the information. The company must have them, the names and signatures of the members of the Member Council, the company owner, or the members of the Board of Directors who have attended and the unanimous vote on changing the agent under the law of the company.

When the Notice changes the agent in accordance with the law, the Business Registry awarded the receipt, which checks the validity of the profile and issued the Business Registration Certificate to the business.

What? 44. Register for regulatory capital change, change of capital contribution

1. The registered company case changes the percentage of the members ' capital's contributions to, of the members of the company's signage company, the company sends a Notice to the Business Registration Room where the company has registered. Notification Content:

a) Name, enterprise number code, tax code or business registration certificate (case of an unencrypted business number, tax code);

b) They, name, address, nationality, number of People's Witnesses, passports, or other legal personal evidence stipulate at Article 10 of this decree or the number of established decisions, each member's corporate code for the two-member LLC. Back up, of the company ' s membership of the company in partnership;

c) The percentage of each member's contribution to the LLC's two-member LLC or of each member of each member's membership of the company is listed;

d) The registered capital and regulatory capital changed; the time and form of increased capital;

They, their names, nationality, number of people's Ceritenties or passports or other legal personal evidence stipulate at Article 10 of this decree, the permanent address and signature of the representative under the law of the company or the authorized member authorized by the authorized partner. with the company of name.

2. The case of registration changes the company charter capital, accompanied by the specified Notice at 1 This must have a Decision and a valid copy of the Member Council ' s meeting of the Member Council for the two-member LLC, of the General Assembly. east to the holding company; the decision of the company owner to the LLC a member of the company's regulatory capital changes; the writing of the Department of Planning and Investment approv. Foreign investment in terms of regulation at Clause 1 Article 26 Investment Law.

3. Case of the Greater General Assembly through the release of the sale shares to increase the charter capital, while the board of the Board of Directors performs an increase in the charter capital registration procedure after the end of each share of the shares, accompanied by a specified notice at the One thing, the registration record increases the required capital:

a) Decision and a valid copy of the shareholders ' Meeting of the General Assembly on the release of the sale shares to increase the charter capital, which specifies the number of shares of the sale and delivery of the Board of Directors performing an increased capital registration procedure after the end of the end. Every morning, every morning.

b) The decision and copy of the Board of the Company 's Board of Directors' s meeting on the registration of increased corporate charter after the end of each share of the sale of the shares.

Decided, the meeting editor must specify the contents modified in the Company Charter.

4. The case of a charter reduction, the business must commit to guarantee sufficient payment of the debt and other asset obligations after the loss of capital, accompanied by the announcement to add the company ' s financial statements at the latest to the time of capital reduction decision. The rules.

5. When receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile and issued the Business Registration Certificate to the business.

What? 45. Registration changes to a two-member LLC.

1. The case of receiving a new member, the company sends a Notice to the Business Registration Room where the company has registered. Notification Content:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) Name, enterprise number codes, address headquarters for members is the organization; they, name, nationality, number of People's Witnesses or passports or other legal personal evidence stipulate at Article 10 This Decree for membership is personal; capital value contributing and the contribution, the time of capital, the kind of capital wealth, the number and value of each of the new members ' assets;

c) The portion of the contribution has changed by members after receiving new members;

d) the company ' s charter capital after taking on the new member;

They, their names, the signatures of the company's legal representatives.

Included with the required message:

-Decision and a valid copy of the Member Council ' s meeting on the reception of the new member;

-Papers confirm the capital of the new member of the company;

-The valid copy of the decision to establish or the Certificate of Enterprise Registration or Other equivalent paper, the valid copy one of the individual endorsement papers stipulated at Article 10 of this Decree of the delegate by proxy and the commission decision. the corresponding rights to the membership are the organization or the valid copy of one of the individual certificate papers stipulated at Article 10 of the membership of the member is individual;

-The text of the Department of Planning and Investment approx the capital, purchase of shares, the contribution of foreign investors to the specified case at Clause 1 Article 26 Investment Law.

Decided, the Member Council 's meeting editor must specify the content that is modified in the Company' s Charter.

Upon receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile and issued the Business Registration Certificate to the business.

2. The case changes to membership due to the transfer of the capital, the company sends a Notice to the Business Registry where the company has registered. Notification Content:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) Name, address the headquarters for the organization or them, name, nationality, number of People's Witnesses or passports or other legitimate personal evidence stipulated at Article 10 of this Decree for the individual; the contribution of the transfer and of the recipient. transfer;

c) The contribution of the members after the transfer;

d) The time of the transfer of the transfer;

They, their names, the signatures of the company's legal representatives.

Included with the required message:

-The transfer contract or the proof papers have completed the transfer;

-The valid copy of the decision to establish or the Certificate of Enterprise Registration or Other equivalent paper, the valid copy one of the individual endorsement papers stipulated at Article 10 of this Decree of the delegate by proxy and the commission decision. the corresponding rights to the new member are the organization or the valid copy of one of the individual certificate papers stipulated at Article 10 of this new member is individual;

-The text of the Department of Planning and Investment approx the capital, purchase of shares, the contribution of foreign investors to the specified case at Clause 1 Article 26 Investment Law.

Upon receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile and issued the Business Registration Certificate to the business.

3. The case changes to membership due to inheritance, the company sends a Notice to the Business Registration Room where the company has registered. Notification Content:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) They, the name, number of the People's Witnesses or other passports or other legitimate personal evidence stipulated at Article 10 of this decree, the nationality, the part of the member's contribution to the inheritance and of each of the heirs;

c) The time of inheritance;

d) They, the name, the signature of the representative under the law of the company.

There must be a copy of a written valid copy of the heir's right to inherit the inheritance of the heir; a valid copy of one of the legal individual certificates stipulated at Article 10 of this decree of the heir.

Upon receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile and issued the Business Registration Certificate to the business.

4. The case of registration changes to membership due to membership does not make an undertaking to commit capital by regulation at paragraph 3 Article 48 Business Law, the company sends a Notice to Business Registration Room where the company has registered. Notification Content:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) Name, address to the organization or family name, name, number of People's Witnesses or other passports or other legitimate personal evidence stipulated at Article 10 of this decree, nationality, the part of the member's contribution does not commit the capital and of the person buy part of the money that has not been offered for sale;

c) They, the name, the signature of the representative under the law of the company.

It is accompanied by a decision to make a decision and a valid copy of the Member Council to change the membership due to the non-implementation of the funding commitment, the list of remaining members of the company. Decided, the Member Council 's meeting editor must specify the content that is modified in the Company' s Charter.

Upon receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile and issued the Business Registration Certificate to the business.

5. Subscription changes to a given member for the part of the donation:

The registration of membership changes in the case of a donation to the portion of the funding is made as for the case of registration changes to membership due to the transfer of the capital, in which the transfer contract or the proof papers completes the transfer. The concession is replaced by the contract.

What? 46. Subscription change owner LLC a member of the company.

1. The company that owns the company that transfers the entire capital to an individual or an organization, the recipient of the transfer must register for a change in the owner of the company. Change registration profile including:

a) The notification changes the content registration content hosted by the owner or representative by the law of the former owner and the new owner or the representative under the law of the newly signed owner;

b) A valid copy of one of the individual certificate documents stipulated at Article 10 of the recipient of the transfer recipient in the event of a transfer recipient as a personal or a valid copy of the Business Registration Certificate or similar paper. On the other hand, in the case of the recipient of the transfer is the organization; the list of delegated representatives, the valid copy one of the individual certificates prescribed at Article 10 of this Decree of the authorized representative and the authorship's text. the owner of the authorized man;

c) The correct copy of the revised Charter, the addition of the company;

d) Contract transfer contract or certificates of complete transfer of capital;

The text of the Department of Planning and Investment approx the capital, purchase of shares, the contribution of foreign investors to the specified case at Clause 1 Article 26 Investment Law.

2. The case of changing the owner of the LLC a member at the discretion of the competent agency of the arrangement, innovation of the state enterprise, the registration filing changes made in accordance with the regulation at Article 1 This Article, in which the decision is made. of the agency with the authority on changing the owner of the company to be used as an alternative to the transfer contract or the paperwork completing the transfer.

3. The case of a limited liability company a member changes the owner due to inheritance, the company registers to change the owner of the company. The profile consists of:

a) The notification changes the content registration content due to the new owner or representative by the law of the newly signed owner;

b) The correct copy of the revised Charter, the addition of the company;

c) A valid copy of one of the individual certificate papers stipulated at Article 10 of this Decree of the new owner;

d) A valid copy of the text confirming the legal inheritance of the inherited person.

4. The case with more than one individual or more than an organization inherits the portion of the owner of the LLC owner a member, the registration company converts to the type of limited liability company of two or more members. Conversion registration records include:

a) Business registration proposal;

b) The modification of the conversion company;

c) List of members;

d) A valid copy of one of the individual certificate papers stipulated at Article 10 of the members of the members for the membership case is individual; the valid copy of the Certificate of Enterprise Registration or Other equivalent paper to the school. A member of the organization.

The copy of the text valid for the legal inheritance of the organizations, the individual inherited.

5. The registration of a change in the owner of the LLC a member in the case of a donation to the entire portion of the funding is made as for the transfer of the specified capital at Clause 1 Article. In the registration profile changes in the business registration content, the contract gives the portion of the funding that is used as an alternative to the transfer contract or the proof papers that complete the transfer.

6. When receiving the Notice, the Business Registry awarded the receipt, check the validity of the filing and grant the Business Registration Certificate to the business.

What? 47. Subscription changes to private business owners in the case of sale, donated to business, business owners die, missing

The private business school owner sells, donated to the business or private business owner of the death, the missing person, who is given the right to register for a change in private business owners. Change registration profile including:

1. The announcement of changing the content registration content has the signature of the seller, the donor to and the buyer, who is donated to the private enterprise for the sale case, donated to the private enterprise; the signature of the heir to the employer case. Private business is dead, missing;

2. The valid copy one of the individual certificate papers stipulated at Article 10 of this Decree of the buyer, who is donated to the private enterprise, the heir;

3. Contract for sale, contract for the business or certificates to complete the transfer to the sale case, donate to the private enterprise; the valid copy of the text confirming the legal inheritance of the inherited person.

When you receive a change in the business of the business, the Business Registry gives the receipt, check the validity of the profile and grant the Business Registration Certificate to the business.

What? 48. Register changes the activity register of the branch ' s operational registration, representative office, location k. i Business

1. Before registering to change the address of the headquarters, the branch, the representative office must implement the procedures with the tax authority regarding the transfer of the site under the provisions of the tax law.

2. When changing the registered content of the branch, the representative office, the business venue, the business sends the Notice of Change Content that registers the activity of the branch, the representative office, the business location to the Business Registration Room where the headquarters are located. Branch offices, representative offices. When the business ' s announcement, Business Registration is awarded the receipt, check the validity of the profile, change the operating registration information of the branch, the representative office, the business location in the National Database of Subscriptions for the Register. business and grant Certificate of Corporate Activity Registration, representative office, Business location registration certificate for a 3-day period of work since the date received valid records. In the case of a need for business, Business Registry issued a Certificate in Business for the Change of Branch Operations, representative office, business location.

3. The case of branch headquarters, representative office to the province, the other Central city where the branch, the representative office registered, the business sent the notification to change the operating registration content of the branch, the office representing the company. Business registration room where the branch office, the representative office intends to move in.

When the business ' s announcement, Business Registration Room where the branch, the representative office intends to move to the receipt of the receipt, check the validity of the profile, granting the Certificate of Branch Activity Registration Registration, the office representing the business. Sent information to the Business Registry where it was formerly branch, the representative office is based.

What? 49. Additional reporting, industry change, business profession

1. Additional cases, business changes, business professions, businesses send Notice to Business Registration Room where the business has registered. The notification content includes:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) The industry, the additional registration or change;

c) They, the name, the signature of the representative according to the law of the business,

Accompanying the Notice must have a Decision and a valid copy of the Member Council meeting for the two-member LLC, of the General Assembly of the shareholders to the holding company and of the signage members of the company. list; the decision of the company owner to the LLC a member of the addition of the addition, business change, business profession. Deciding, the meeting editor must specify the contents that are changed in the Company Charter.

2. When receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile, adds, changes the information about the industry, the business of the business in the National Database of Enterprise Registration. In the case of a need for business, the Business Registration Office issued a validation of the business registration content for the business.

3. Case of additional notification profile, industry change, non-valid business practice, Business Registry of Business Information modified business, supplematuation of records for a period of 3 working days.

4. The business has the responsibility to announce the change, the addition of the industry, the business profession with the Business Registry for a 10-day period of work since the date of the change. The changing case that the business does not inform will be subject to the law of law on administrative sanctions in the area of planning and investment.

What? 50. Announces the Change Capital of Private Enterprise Investment

1. The increased case, reduced capital investment registered, the private business owner must send a Notice of Capital changes to the Business Registry where the business has registered. Notification Content:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) The level of investment capital has registered, the rate of registration of change and the time of capital changes invested;

c) They, the name, the signature of the private enterprise owner.

Upon receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile, changes the information on the investment of the business in the National Database of Enterprise Registration. In the case of a need for business, the Business Registration Office issued a validation of the business registration content for the business.

2. The case of a notice of notification changes the investment capital of the private business owner is not valid, Business Registry announces the amended business, adding a profile in the 3-day period of work.

3. The business is responsible for announcing a change in the investment capital of the private business owner to the Business Registry for a 10-day period of work since the date of the change. The changing case that the business does not inform will be subject to the law of law on administrative sanctions in the area of planning and investment.

What? 51. The announcement of changing the information of shareholders founding the holding company

1. The founding shareholder of regulation at paragraph 2 Article 4 The Business Law is the founding shareholder that is enumerated in the Founding Shareholder List and submitted to the Business Registry at the time of the registration of the business.

2. The case of changing the founding shareholder information created by an unpaid shareholder or only payment is a part of the registered shares, the company sends a Notice to the Business Registry where the company has registered. Notification Content:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) Name, headquarters address, corporate code or established decision number for the founding shareholder is the organization or surname, name, number of People's Ceres or Pasques or other legitimate personal evidence stipulated at Article 10 of this Decree for the shareholder It ' s personal.

c) They, the name, number of the People's Witnesses or Pascor or other legitimate personal evidence stipulated at Article 10 of this Decree and the signature of the representative under the law of the company.

Upon receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile, changes the information about the company's founding shareholder in the National Database of Enterprise Registration. In the case of a need for business, the Business Registration Office issued a validation of the business registration content for the business.

An unauditable shareholder has not yet paid the registered shares that will be no longer a shareholder in accordance with the regulation at Point A 3 Article 112 Business Law and deleting the name from the company's founding shareholder List.

3. The case of changing the founding shareholder information created by the shareholder of the equity transfer, accompanied by regulatory papers at paragraph 2 This, the notice profile must have:

a) List of information of the founding shareholders as it has changed;

b) The contract transfer contract or the certificate of proof completion of the transfer;

c) The text of the Department of Planning and Investment approx the capital, purchase of shares, the contribution of foreign investors to the specified case at Clause 1 Article 26 Investment Law.

4. The founding shareholder case is that the organization has been merged, separated or incorporated into other business, the registration of the founding shareholder change implementation as the case of a founding shareholder change registration case provided by the equity transfer in Clause 3 Articles. Hey. In the registration profile changes in the business registration content, the merger contract or the decision separating the company or the contract to merge the business is used as a substitute for the transfer contract or the certificates which prove to complete the transfer.

5. The registration of the founding change shareholder in the case of the donation, the inheritance of the shares is made as stipulated for the case of notification of changing the founding shareholder information due to the regulation of the shares specified at Clap 3 This, in which the contract transfer or certificate of proof completion of the transfer is replaced by a contract for the shares or copy of the legal valid copy of the legal inheritance.

6. The case of a notice profile changes the founding shareholder company is not valid, Business Registry announces the modified business, adds a profile for a 3-day period of work.

7. The business is responsible for announcing changes in the founding shareholder company with the Business Registry for a 10-day period of work since the date of the change. The changing case that the business does not inform will be subject to the law of law on administrative sanctions in the area of planning and investment.

What? 52. The announcement of the shareholder change is the state investor o In an unlisted holding company

1. The case of an unlisted holding company changing the shareholder is the foreign investor by regulation at Section 3 Article 32 Corporate Law, the company sends a Notice to the Business Registry where the company has registered. Notification Content:

a) Name, corporate code, tax code or business registration certificate (case of a business that has not had a business number, tax code);

b) The information of the shareholder is the foreign investor in the transfer of the shares: Name, address of foreign shareholders ' headquarters is to be held; surname, name, nationality, permanent residence of the shareholder is personal; the type of shares and share ownership share of their existing shares in the country. company; the number of shares and type of transfer shares;

c) The information of the shareholder is the foreign investor to receive a share transfer: Name, address of the foreign shareholder's main headquarters is to organize; surname, name, nationality, permanent residence of the shareholder is personal; the number of shares and the share of the transfer received; the number of shares section, the type of shares and their respective share ownership rates in the company;

d) They, the name, number of the People's Witnesses or Pascor or other legitimate personal evidence stipulated at Article 10 of this Decree and the signature of the representative in accordance with the law of the company.

Accompanying the Notice must have a Decision and a valid copy of the shareholders 'meeting of the shareholders' meeting on the change of shareholders as foreign investors; the list of shareholders is foreign investors when it has changed; the contract transfer contract or the documents are changed. the proof of the completion of the transfer; the valid copy of the decision to be established or the other equivalent paper, the valid copy one of the individual endorsement papers stipulated at Article 10 of this decree of the delegate by proxy and the decision of the commission. the corresponding rights to foreign shareholders receiving a transfer are either an organization or a valid copy of the People's Proof or Pasship or Personal Evidence. Other legislation stipulated at Article 10 of this Agreement of foreign shareholders the transfer is personal; the text of the Department of Planning and Investment approve capital, purchasing shares, the contribution of foreign investors as defined by the Investment Law.

Decided, the meeting editor of the General Assembly of the Eastern Council must specify the contents amended in the Company ' s Charter.

Upon receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile, changing the information about the shareholder as the foreign investor in the National Database of Enterprise Registration. In the case of a need for business, the Business Registration Office issued a validation of the business registration content for the business.

2. The case where the notice of a shareholder change is an unvalid foreign investor, Business Registry informed the business to modify, add a profile for a 3-day period of work.

3. The business is responsible for announcing changes to shareholders as foreign investors with the Business Registry for a 10-day period of work since the date of the change. The changing case that the business does not inform will be subject to the law of law on administrative sanctions in the area of planning and investment.

What? 53. Announces Change of Tax Registration Content

1. The business case changes tax registration content without changing business registration content then the business sends a Notice to Business Registry where the business is headquartered.

Notification Content:

a) Name, headquarters address, business number and date of a Certificate of Business Registration, Tax Registration Certificate or Corporate Registration Certificate;

b) The content changes the tax registration information.

2. The Business Registry receives the Notice, importing data into the National Information System on Enterprise registration to transfer information to the Internal Revenue Service's database. In the case of a need for business, the Business Registration Office issued a validation of the business registration content for the business.

What? 54. Business manager information changes, information c ... socket East is the foreign investor, announcing the sale of individual shares, informing private enterprise, to inform the change of representative information by proxy.

1. In the 5-day period of work, since the date of the change of information about them, name, contact address, nationality, number of citizen ID cards or other People ' s Certificate or other legitimate personal endorsement by business manager, member of the Board of Control. or Controller, the business sends an announcement on the addition, updating the business registration information to the Business Registry where the business is headquartered in accordance with the regulation at Article 12 Enterprise Law.

2. During the 03-day period of work, since the date of the information or whether changes to information about them, name, nationality, passport number, permanent address, share number and the type of shareholder shares are foreign individuals; name, corporate code, headquarters address, or location. The main number and type of shares and families, names, nationality, passport numbers, the permanent address of the representative under the authority of the shareholder is foreign organization, the business sends an announcement of the addition, updating the business registration information to the Registry Office. business where business is headquartered in accordance with Article 3 Article 171 Business Law.

3. During the 5-day period of work, since the decision to sell individual shares, the holding company sends an announcement to the Business Registry where the business is headquartered in accordance with the regulation at Article 123 Enterprise Law.

4. During the 3-day period of work, since the date of the business lease is enforced, the private business owner must notify the Business Registry where the business is headquartered in accordance with regulation at Article 186 Enterprise Law.

5. During a 10-day period of work since the date of the change in representative information under the authorized owner of a member of a member's LLC, the company sends an announcement to the Business Registry where the business is headquartered.

6. When receiving the Notice, the Business Registry awarded the receipt, which checks the validity of the profile and the addition, changing the information of the business in the National Database of Enterprise Registration. In the case of a need for business, the Business Registration Office issued a validation of the business registration content for the business.

What? 55. Internal Affairs d Business registration.

1. The publication of the business registration content implementation pursues to regulation at Article 33 Enterprise Law.

2. When receiving the Business Registration Certificate, the Certificate of Changing Business Content in relation to business content, business profession, founding shareholder, shareholder is a foreign investor, the filing business to publish the content of the business in the past. Business registration.

3. Business Registry posts the business registration content to the National Portal for Enterprise Registration.

What? 56. p does not execute business registration content change

1. The business is not done registering changes in the business registration content in the following cases:

a) has been notified by the Business Registry for the violation of the business belonging to the case of revoking the Business Registration Certificate or has been out of the decision to revoking the business registration certificate;

b) Is in the process of dissolution by the dissolution decision of the business;

c) At the request of the Court or the Court of Inquisition or the public office.

2. Corporate regulation at Clause 1 This is continued to register for change of business registration content in the following circumstances:

a) There has been measures to rectify the required violations in the Notice of the infringement of the business in the case of revoking the Business Registration Certificate and approved by the Business Registry;

b) You must register to change some business registration content to serve the dissolution process and complete the specified dissolution case file. In this case, the change register profile must accompany the business of the business of the business in terms of registration changes;

c) implemented the decision of the Court or the Court of Inquisition and has the opinion of the Court ' s approval, the Court of Inquisition.

Chapter VII.

THE SEQUENCE, WHICH PROCEDURES TO REGISTER FOR A BUSINESS PAUSE, REISSUED CORPORATE REGISTRATION CERTIFICATES, BUSINESS DISSOLUTION, RECOVERY OF CORPORATE REGISTRATION CERTIFICATE

What? 57. Advance of business, continuing business ahead of the announcement deadline for business, branch, representative office, business location, business, and business.

1. As the business makes the business pause of business, the business simultaneously sends an interim notification of branch activity, representative office, business location to the Business Registration Room where branch, representative office, address, location, and business. The business point was registered.

2. The business case, branch, representative office, business temporary business venue or continued business ahead of the announced deadline, the business sends an announcement to the Business Registration Room where business, branch, university office, business, and business. area, the business location that has registered for a delay of 15 days prior to a business pause or continuing business ahead of the announcement deadline. The period of business suspended is not over a year. After the expiration of the deadline has been announced, if the business, branch, office of representatives, and business venues continue to suspend business, it must be notified to the Business Registry. The total period of consecutive business stops is not more than two years.

3. Case of a business pause business, accompanied by a decision to make a decision and a valid copy of the Member Council 's meeting margin for the LLC' s two-member LLC, of the company ' s owner to the company responsible. limited to a member, of the Board of Directors for the holding company, of the members of the name of the company in partnership.

4. Business Registry awarded a record receipt for the business after receiving a business pause announcement, announcing the business ahead of the business ' s announcement deadline. In the 3-day period of work, since the date of receiving a valid profile, the Register Business Registration confirms the business, branch, representative office, business location registered to suspend business, the Certificate of Business, The branch office, the representative office, the business site that logged on to business before the deadline was announced. Business Registration Office sends business information to suspend business, continuing business before the deadline has informed the tax authority to coordinate state management of the business.

What? 58. Level of Business Registration Certificate

1. The business case has the need to grant a business registration certificate due to the loss, fire, tear, tear, or destroyed in other form, the business sends a grant of the Certificate of Enterprise Registration Certificate to Business Registry. The place has issued a business registration certificate for the business.

The Business Registry received a Certificate in Licensing Of Corporate Registration Certification and reviewed the grant of the Enterprise Registration Certificate in a 3-day period of work, since the date received the Certificate of Contracting The Registration Certificate. Oh,

2. The case of a business registration certification is granted not the correct case, sequence, procedure procedure, Business Registry sent notice of a complete business request and filing a valid valid file in a 30-day period, from the date of the submission. notification to be reviewed in order of the Enterprise Registration Certificate. The Business Registration Office reissued the Business Registration Certificate in a 3-day period of work, since the date of the business's validity of the business.

3. The case of the manifest information in the business registration filing is not honest, not exactly, the Business Registration Room informs the state agency that has jurisdiction to handle the provisions of the law. After a decision to handle the violation of the competent state agency, the Business Registration Office requires the business to redo the filing to grant the Enterprise Registration Certificate and to implement the Business Registration Certificate in the time of the deadline. 3 days of work, since the day of receiving the validity of the business.

4. The business case has been granted a new business registration certification, the Business Registration Certificate of previous times is no longer valid.

What? 59. Presentation, Business dissolution procedure

1. Before performing a business dissolution procedure, the business must make an end to the operation of branches, representative offices, business venues of the business at the Business Registration Room where branch offices, representative offices, local, and business offices are located. Business point.

2. In the course of the 7 working days since the day through the decision to dissolve the regulation at Clause 1 Article 202 Corporate Law, the business sends an announcement of the dissolution to the Business Registry. It is accompanied by a decision made by the company owner to the LLC a member; the decision and copy of the Member Council ' s meeting of the Member Council for the two-member LLC, of the General Assembly. It ' s a shareholder, a company that ' s in partnership with the company that ' s in the name of a business dissolution.

3. After receiving the dissolution record of the regulatory enterprise at Clause 1 Article 204 Business Law, the Business Registry sent information about the business registration dissolved for the tax authority. For a 2-day period of work since the date received information from the Business Registry, the tax authority sends an opinion about the dissolution of the business to the Business Registry.

4. During the 5-day period of work since the date of the dissolution of the dissolution, the Business Registry shifted the legal status of the business in the National Database of Enterprise registration to the dissolution if not receiving the body ' s refusal of the agency. You know, the tax, the same as the announcement of the dissolution of the business.

5. For the business to use the seal due to a security agency, the business has a responsibility to pay the seal, the certificate has registered a seal for the public safety agency to be granted the certificate which has recovered the seal. In this case, the seal and the identification certificate in the business dissolution record stipulated at Point 1 Article 204 Enterprise Law was replaced with a certificate that recovered the seal.

What? 60. End of branch activity, representative office, business location and business.

1. When an end of branch activity, representative office, business location, business sends Notice of the termination of branch operations, representative office, business location to the Business Registration Room where the branch office is located, the representative office, local, and business. Business point.

For the termination of branch operations, representative office, accompanied by the Notice of Regulation in Clause 2 Articles 206 Business Law, in which the business ' s decision to end branch operations, the representative office covers the business of the company. decision by the business owner to the private enterprise, of the owner or the Chairman of the Board of Member or Corporate Chairman to the LLC a member, of the Member Council for the two-member LLC for a limited liability company. Forward, of the Board of Directors for the holding company, of the members of the company 's name on the company' s behalf of the termination of the operation. branch, representative office.

2. Business Registry received notice, check the validity of the filing and transfer the legal status of the branch, representative office, business location in the National Database of Enterprise Registration to an end of operation; co-office of the company ' s company. Announcement of the termination of branch operations, representative office, business location.

3. Branch, representative office, business location revoked in operating registration certificate, Business location registration certificate in case of branch, representative office, business location suspended for 01 years without notice of a report on the site of the company ' s business. with the Business Registry and the Tax Authority. In this case, the Business Registration Office informed the deed of the breach and asked the agent to follow the business of the business to the headquarters of the Chamber for the process. After 10 working days, since the end of the appointment deadline in the announcement that the person is asked not to go to the program, the Business Registry makes the decision to revoking the Branch Activity Registration Certificate, the representative office, the registration certificate. Business location.

Go. Okay. 61. The end of the company ' s existence is divided, the company is merged, the company is merged.

1. In a three-day period of work, since the day the companies are divided, the company is merged, the company receives a deposit of the business registration certification, Business Registration Room where the company is divided, the company is merged, the merged company is headquartered. The actual end of existence for these companies in the National Database of Enterprise Registration.

2. Business Registry implementation of the termination of the branch, representative office, business location of the divided company, the merged company, the merged company in the National Database of Enterprise Registration.

3. The company case is divided, the company is merged, the merged company has its headquarters outside the province, the Central City Central City where the company headquarters are divided, the company merged, the company receives its merger, the Business Registry where the company is located. The company is divided, the company is merged, the company receives a merger that sends information to the Business Registry where the company's headquarters are divided, the company is merged, the company is merged to make an end to its existing division, the merged company, The company is merged into the National Database of Enterprise Registration.

What? 62. Revenue of Business Registration Certificate

1. The cases of the recovery of the Business Registration Certificate are regulated at 1 Article 211 Enterprise Law and Clause 26 Article 1 Amendment Law, which complements some of the provisions of the Tax Management Law.

2. The procedure, the procedure for the recovery of the Business Registration Certificate in accordance with the decision of the Court is made in accordance with the guidelines of the competent state authority.

3. The case needs to verify the fake corporate registration profile to make the basis for the recall of the business registration certification in accordance with the regulation at Point A 1 Article 211 Enterprise Law, Business Registration Office sends out the body to recommend the body. It's a fake behavior. The public office is responsible for responding to written results on the recommendation of the Business Registry for a 30-day period from the date of receiving the proposed text. As a result of the public opinion, the Business Registry revoked the Business Registration Certificate in accordance with the order, the procedure specified at Clause 1 Article 63 This decree states that the contents of the business register are false.

What? 63. The procedure, the procedure revoked the Business Registration Certificate

1. The case of the manifest content in the business register profile is fake:

In the case of a new corporate registration case, the business is forgery, and the Business Registry is informed of the corporate violations of the business and decides to revoking the business registration certification.

Case of registration records change of business registration, the announcement of a change in business registration is a forgery, the Business Registry is informed of corporate violations and cancelation of changes in the registry contents. The business is carried out on the basis of fake information and the restoration of the Enterprise Registration Certificate is issued on the basis of the nearest valid profile, and informed the authorities with the authority to process the law.

2. The registered case of a registered business, the organization of the subject is prohibited from establishing a business under the provisions of Clause 2 Article 18 Enterprise Law:

a) For private enterprise, a limited liability company a member is owned by the owner: Business Registration Room where the business has registered a notice of violation and decision making decision to revoking the business registration certificate.

b) For the limited liability company of two or more members, the LLC a member is owned by the owner, the holding company, and the company in the name: Business Registry where the business has registered to inform the company ' s request. The business bridge that changes members or shareholders of the object is not entitled to set up the business in the 30-day period, since the date of the announcement. It is too late that the business does not register to change its membership or shareholder, the Business Registry is informed of the breach and decision to revoking the business registration certification.

3. The business case violates Section 1 Article 211 Enterprise Law, Business Registration Office informed by the text of the violation and requires the agent to follow the business of the business to the headquarters of the Chamber for the process. After 10 days of work, since the end of the appointment deadline in the announcement that the person is asked not to come, the Business Registry makes the decision to revoking the business registration certificate.

4. The business case does not submit a report by regulation at Point 1 Article 209 Business law is in the 10-day period of work, since the date end of regulation deadline at Point 1 Article 211 Enterprise Law, Business Registry Office sends a written notice of the breach and ask the agent to follow the business of the business to the headquarters of the Chamber for the process. After 10 days of work, since the end of the appointment deadline in the announcement that the person is required not to go to the Business Registration Office comes out of the decision to revoking the business registration certificate.

5. Cases of the forced business execution of tax administrative decision stipulated at paragraph 26 Article 1 The amendment law, which complements some of the provisions of the Tax Management Law, for a 10-day period of work since the date of receiving the proposed document recall. certified corporate registration of the head of the tax management agency by regulation at paragraph 31 Article 1 The amendment law, which adds some of the provisions of the Tax Management Law, the Business Registry for the recovery of the Business Registration Certificate in order, It's protocol at the Third Section.

6. After receiving the Decision to revoking the Business Registration Certificate, the business performs the dissolution procedure according to regulation at Article 203 Enterprise Law.

7. Information on the recall of a Business Registration Certificate must be entered into the National Information System of Enterprise Registration and sent to the tax authority.

What? 64. Restart the legal status of the business after being revoked the Business Registration Certificate

The Business Registry issued a decision to cancel the decision to revoking the Business Registration Certificate and restore the legal status of the business on the National Information System on Enterprise registration in the case:

1. Business Registry Bureau defines the non-case business must revoking the business registration certificate.

2. The Office of Business Registry received the text of the tax management agency recommitfully restoring the legal status of the business after being revoked of a business registration certificate before the Business Registry updated the legal status of the solution. terms of the enterprise on the National Information System on Enterprise registration or on the 06-month period from the day of the Business Registry decision making the decision to revoking the business registration certificate.

What? 65. The decision to resolve the business according to the Court ' s decision

In the 15-day period of work, since the court date or decision of the Court is in effect, the recommended register changes the business registration content or other content related to the business registration under the Court ' s decision to submit a proposal. to the Office of the Competent Business Registry. The registration records must have a valid copy of the verdict, the Court ' s decision has been in legal effect.

Chapter VIII

BUSINESS SUBSCRIPTION

What? 66. Household Business

1. An individual or a group of people composed of individuals who are Vietnamese citizens who are 18 years old, have full civil behaviour capacity, or a home-owned household, which is only registered business at one location, used under ten labourers and is responsible. All of our assets to business.

2. Household family of farmers, forestry, fishing, salting and hawkers, petty gifts, trade trips, trading business, as low-income services do not have to register, except for the case of business enterprises, conditional occupations, People ' s Committees. In the province, the Central City of China regulates low-income levels imposed on the local scale.

3. The business passport uses from ten or more labourers must register to establish a business by regulation.

What? 67. The right to establish a business and registration obligations of the business passport

1. Vietnamese citizens who are 18 years old, have a full legal capacity and full civilian behavior; households have the right to form a business, and are obliged to register for business pursuits to the Chapter.

2. Personally, the household stipulated at Clause 1 This is only registered to a business household in the nationwide range. The individual stipulated in this Article 1 This article is entitled to the capital, purchasing shares in the business as an individual.

3. Individuals who form and participate in a business form of unattended business are not simultaneously the private business owner, the company ' s member of the name of the company that contracts unless the case is given the consensus of the remaining members of the title.

What? 68. Business registration certificate

1. Business registration certification is issued for the established and operating business pursuits at this Decree.

2. Business registration certification is issued on the basis of information in the business of registered business households by the founder of the self-declared business and self-responsibility.

3. Information on a Business Subscription Certificate has a legal value since the date of the issue of Business Contracting and Business Contracting Business since the day received a Business Subscription Certificate, minus the school. Business, business, business.

4. Household business can receive a Certificate of Business Registration Certificate directly at the district-level business registry or register and pay for admission to the post office.

5. The business passport has the right to ask the district-level business registration agency to grant a Certificate of Business Registration and charge in accordance with the regulation.

What? 69. Principles of apply in business passport registration

1. In business, the founder of a self-prescribation business identifies a business passport and is accountable to the legal, honest, and accurate law of the manifest information in the business of the subscription to the business.

2. The district-level business registry is responsible for the validity of business registration records, not responsible for the breaches of the law of the city of business, for business.

3. The district-level business registry does not resolve disputes between individuals in the business households with each other or with other organizations, individuals.

What? 70. Business registration records

A business passport is filed in a district-level business registry when registering to form a business or registering a registered content change.

What? 71. Profile, sequence, business registration procedure

1. Personally, the individual group or household agent sent a Business Registration Registration Proposal to the district business registry where the business location is located. The Certificate of Business Registration is composed of:

a) Business name, business location address; phone number, fax number, email (if available);

b) Industry, business;

c) The number of business capital;

d) The number of labourers;

They, names, signatures, address places, number and date of a citizen ID card or ID or passport, and the validity of individuals established a business for the business of established individuals, of the individual's business households. Individuals form or represent a family for the business of an established household.

It is accompanied by a Certificate of Business Registration which must have a valid copy of a citizen ID card or a People's Certificate or a Passport Valid of individuals who participate in a business or household representative and a valid copy of the individual group meeting. It ' s about the establishment of a business for a business that ' s owned by a group of individuals.

2. When receiving the file, the district-level business registry awarded the receipt and issued a Certificate of Business Registration for Business for a 3-day period of work, since the date of the filing, if there is sufficient following the following conditions:

a) The industry, the business sector is not a business portfolio, business prohibition;

b) The business name intends to register the appropriate compliance at Article 73 This decree;

c) The blisters are eligible for registration by regulation.

Case case is not valid, for a 3-day period of work, since the filing date, the district-level business registry must clearly inform the content to be modified, supplemated by text to the founder of the business.

3. If after 03 days of work, since the date of filing for a business passport without receiving a Business Registration Certificate or not receiving a revised request notice, the addition of a registered business passport registration case has the right to be received. complaint under the law of the complaint of the complaint, denouncing.

4. periodically entering the first week of work monthly, the district business registry sends a list of registered business households last month to the same-level tax agency, Business Registry, and provincial level management agency.

What? 72. Business Location of Business

For commercial business, the business is choosing a fixed location to register for business. The site may be a permanent residence registry, a temporary registration place, or the most frequent location of the business, where the trading site is located. A business trader, a souvenir business is allowed to do business outside of the registered location with the district-level business registry but must notify the tax authority, the market management agency where the headquarters are located and where to conduct business operations. Business.

What? 73. Place a business name

1. The business passport has its own name. The name of the business household consists of the following two elements:

a) Type of "Business Household";

b) Private name for business.

The specific name is written in letters in the English alphabet, the F, J, Z, W, can be included with the digit, symbol.

2. Not to use the word, symbol of the traditional traditional, cultural, ethical, and direct ethnic tradition of the nation to name their own business.

3. The business passport is not used in the phrase "company", "business" to name a business household name.

4. Business private names are not duplicated with the name of the registered business passport within the district.

What? 74. Industry, Business of Business

1. When registration is established, registration changes in business registration, business, business, business, business, business, and business registration. The district business registry notes information about the industry, business practice on the Business Registration Certificate.

2. Household business has been in business, business has been conditional since having qualified under the rule of law and has to ensure that conditions throughout the course of the operation. State management of the industry, the business profession is conditional and examining the acceptance of business conditions of the business of the authorities in accordance with the provisions of the specialized law.

3. The case of a district-level business registry receiving the text of the agency with jurisdiction over the business of the business of business, the business is conditional but does not meet the eligiti-under provisions of the law, the business registry said. The district issued an announcement requiring a business to suspend the business, the business is conditional, and informed the state agency to have jurisdiction over the rule of law.

What? 75. Subscription changes to business registration content

1. When a change in business registration content, the business of notification of content changes with the district-level business registration body is registered in the order, the procedure is as follows:

a) The Business Guardian sends a change of content registration content to the district business registry where it has been registered.

b) When receiving the filing, the district-level business registry awarded the receipt and issued a certificate of business registration for the business passport during the 3-day period of work, since the date received valid records; the case case was not valid or the passport name. The business requirements for registration is not correct according to regulation, the district business registry informs the content that needs to be modified, added by writing to the business passport for a period of 3 working days, since the date of the filing.

c) When issued a new business registration certificate in the event of a change in the content of a business registration, a business passport must submit to the old business registration certificate.

2. The case of a transfer business to the county, district, town, the other province of the other province where the business is registered, the business of the business sends a notice of the transfer of the address to the district business registry where the new address is located. Accompanying the message must have a valid copy of the individual group meeting on the registration of address changes to the case of a business owned by an established individual group and a valid copy of the citizen ID Card or the People's Certificate or the passport. The forces of individuals who participate in business households or households.

During the five-day period of work since the issue of the Certificate of Business Registration in the case of registration changes to the business passport, the district-level business registry where the reservation business has to notify the registry. Business where the business was previously registered.

What? 76. Business temporary business

1. The case of a business pause from 30 days or more, the business passport must notify the district-level business registry where the business is registered and the tax authority directly manages. Business is not over for 01 years.

2. The business of suspend business sends a written notice to the district business registry where the business is registered for at least 15 days before the business is suspended. A district-level business registry awarded a file receipt for a file recipient after receiving a business temporary notification of the business. During the 3-day period of work, since the date of receiving a valid profile, the district business registry issued a Certificate in Certificate of Registered Business Suspend Business for Business.

What? 77. End of Business Operations

When an end to business activity, the business passport must send a Notice of termination of the operation and submit to the original Certificate of Business Registration for the registered district business registry, while paying full payment of the debt, including: Tax debt and financial obligations have not been done.

What? 78. Revenue of Business Registration Certificate

1. Household business is revoked of a Business Registration Certificate in the following cases:

a) The manifest content in the filing for business registration is forgery;

b) Not to conduct business operations for a period of 06 months, since the date of the Certificate of Business Registration;

c) Stop business activity for over 6 months without notice with the district-level district business registry where registration is;

d) The business sector, the profession was banned;

The business is owned by people who are not allowed to establish their own business.

e) Do not report on the business situation of the business pursuits at paragraph 4 Article 15 This decree.

2. The case of prescribable content in the business of registered business is forgery, the district business registry issued a notice of the violation of the business, and the decision to revoking the certificate of registration of the business.

Case of registration records change in business registration is forgery, the district-level business registry issued a notice of the scope of the business of the business and the cancellation of the changes in the business registration contents performed on the basis of the business. The false information and the restoration of a Business Registration Certificate is issued on the basis of the nearest valid profile, and informed the authorities with the authority to deal with the rule of law.

3. The business case does not conduct business operations for a period of 6 months, since the date of the issue of a Certificate of Business Registration or cessation of business activity for over 6 months without notice to the business registry. the district level where registration is or not report on the business situation under the provisions of Article 4 Article 15 This decree is the district business registration body informed by the text of the violation and the request for a business representative to the business registry. It ' s a district-level business. After a 10-day period of work, since the end of the deadline in the announcement that the person is asked to not come to the report, the district-level business registry makes the decision to revoking the Business Registration Certificate.

4. The school of business business, the banned profession, the district business registry issued a notice of violation and decision to revoking the Business Registration Certificate.

5. The business of a business that was founded by those who were not allowed to establish a business, said:

a) If a business is established by an individual and the individual is not entitled to a business, the district business registry issued a report on the breach and issued a decision to revoking the certificate of registration of the business.

b) If the business is established by a group of individuals and one of those individuals is not entitled to a business, the district business registration agency is notified of the breach and requires a business passport to change that individual. 15 days of employment, since the announcement. If the term is too long for an unregistered business to change, the district business registration agency issued a report on the breach and decision to revoking the Business Registration Certificate.

What? 79. Level Business Registration Certificate

1. The case of a registered business registration of lost business, fire, tear, tear, or destroyed in other form, the business passport may send a Certificate of Contracting Certificates of Business Registration to the district business registry where the Certificate is issued. certificate of Business for Business.

The district-level business registry received a Certificate of Passport Registration certification, and a review of the Certificate of Business Registration Certificate in a 3-day period of work, since the date received the Certificate of Issued Certificates. I'm a businessman.

2. The case of a registered business application registration certificate is issued as incorrect case, sequence, procedure procedure, district business registration authority sent notice requiring a complete business passport and filing a valid valid filing in a 30-day period, from the date of sending the message to be reviewed with the Business Certificate of Business Registration Certificate. The district business regionship performs the grant of a Business Registration Certificate in a period of 3 working days, since the date of receiving a valid profile of the business.

3. The business of a business that is granted a new business registration certificate, the Certificate of Business Registration of the previous times is no longer valid.

Chapter IX

EXECUTION CLAUSE

What? 80. Waste processing, commendation

1. Officer, the public that requires the founder of the business to submit additional paperwork, put more procedures, the business registration conditions contrary to this decree; there is a difficult, troubling behavior for the organization, the individual while addressing the registration of the business. enterprise, in the examination of corporate registration content, is processed under the rule of law.

2. Business regionship, business officer working as a business register completed the task of being awarded the prescribed reward.

What? 81. The transition clause

1. The Ministry of Planning and Investment guides the transformation of the data on business registration at the Business Registry, the investment registry to the National Database of Enterprise Registration.

2. Information in the Business Registration Certificate, Business Registration Certificate and Retention Tax Register at all Business Registry rooms and information about the business registration content in the Investment License or Investment Certificate (consensus) in the Securities and Investment Certificate. Business registration is required to be transferred to the National Information System.

3. The registration information at the Business Registry and registration information at the investment registry is the original information about the business as the process of data conversion is made.

4. Enterprise has been granted a Business Registration Certificate, Business Registration Certificate or Business Registration Certificate and Tax Registration or Investment License or Investment Certificate (at the same time as Business Registration Certificate). Prior to this, the date of this decree has the effect of being able to continue to operate under the content of the above and not required to perform the procedure in exchange for the Business Registration Certificate. The business was granted a new sample business registration certification when registering for a change in the business registration content.

5. The business case has the need for the need for a Business Registration Certificate or Business Registration Certificate and tax registration to a Business Registration Certificate but does not change business registration content and tax registration, business, and business. filed a proposal with a draft of the Business Registration Certificate and itself a Tax Registration Certificate or a Policy Certificate of Business Registration and Tax Registration at the Business Registration Room to be issued a Business Registration Certificate. Oh,

6. The business case has the need to be granted an alternative business registration certificate for business registration content in the Investment License or Investment Certificate (at the same time Business Registration Certificate) but does not change the contents of the business. Business registration, business filing offers to accompany a copy of a valid copy of the Investment License or a valid copy of the Certificate of Investment Certificate (at the same time Business Registration Certificate) and a valid copy of the Tax Registration Certificate to be issued. It's a business registration.

What? 82.

1. This decree has been in effect since 1 November 2015.

2. This decree replaces the Digital Protocol 43 /2010/NĐ-CP April 15, 2010 by the Government on Corporate Registration and Digital Decree. 05 /2013/NĐ-CP January 9, 2013 of the Government amended, the addition of certain provisions of the administrative procedure of the Digital Protocol. 43 /2010/NĐ-CP.

What? 83. i Execs

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee and the applicable subjects of the Decree are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung