The DECREE on the registration of the business _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization 30-9-1992;
Based business law No. 13/1999/QH10 on June 12, 1999;
According to the recommendation of the Minister of planning and investment, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, the provisions of the business registration agency and the registration business for enterprises operating under the enterprise law and individual business households.
Article 2. The right business registration 1-business start-up and business registration according to the rules of law is the citizen's rights and organized by the State.
2-ministries, ministerial agencies, government agencies, provincial people's Committee, the city was not centrally issued regulations on registration of business or industry specific to its locality.
3-prohibition of business registration agency harassed, troubling for organizations and individuals, while receiving records and settle the business registration, register the content change of business registration.
Chapter II the DUTIES, powers, ORGANIZATION of BUSINESS REGISTRATION AGENCY article 3. The business registration agency 1-business registry hosted in the central cities, (hereinafter referred to as the provincial level) and in the district, the County, towns and cities in the province (hereinafter referred to as the district level), including: a) the business registration office within the Department of planning and investment (hereafter referred to collectively as the provincial business registration office).
b) business registration office in the county-level people's committees (hereinafter referred to as the business registration office at district level).
2-provincial business registration office and the business registration office at district level has its own stamp.
Article 4. The duties, powers, responsibilities of the provincial business registration office.
1-reception business registration records, the review of records of business registration and certificate of registration of business to business.
2-Guide business people on business lines must have terms and conditions of business of the industry.
3-build, manage enterprise information system in the local scope, provide information about businesses in the local scope for provincial people's Committee, the relevant Department of the Ministry of planning and investment and periodically, for organizations, individuals are required.
4-business requests a report on the situation of the business enterprise when it deems necessary in accordance with paragraph 3 to article 116 business law; urge the implementation of financial reporting of enterprises as defined in article 118 of law business.
5-after the certificate of business registration, as if uncovered the information declared in the registration records of your business is inaccurate, incomplete or falsified, then send the notice required editing business. After the time limit of fifteen days from the date of sending the notice without getting the message edit of the business shall proceed to verify the contents of the business registration profile. After examining and clearly the degree of violation of regulations on business registration, then directly processed by the administrative authority to recommend competent State agencies processed under the provisions of the law.
6-the revocation of business registration certificate for the business for violations of the provisions in paragraph 3 Article 121 business law.
Article 5. The duties, powers, responsibilities of the business registration office at district level.
1-reception business application of individual business households, considered the validity of the registration and certificate of business registration for individual business households.
2-Guide business people on business lines must have terms and conditions of business lines.
3-build, the system management information on the individual business households in the local scope; periodically report the people's committees at district level, provincial business registration office on the individual business households.
4-coordinate verification at the request of the provincial business registration office on the content business registration records for businesses located within the district.
5-the revocation of business registration certificate for the individual business households in the following cases: a) did not conduct operations within a period of thirty days from the date of certificate of business registration;
b) Cease business activities too thirty consecutive days without notice with the business registration office at district level where the business registration;
c) Moved to business locations in other districts;
d) business lines is prohibited.
Article 6. The duties, powers, responsibilities of the Ministry of planning and investment on business registration.
1-issued under the authority of the text about the professional service, the form serves for the business registration.
2-guidance, training, professional training for business registration officers to do the work of business registration.
3-mode regulations report on the work of business registration and check the observance of reporting it nationwide in scope.
4-build, manage enterprise information systems in the country; provides information about the business for the relevant authorities of the Government periodically, for the Organization, individuals are required.
5-release the newsletter about the business to publish information about the establishment, dissolution, bankruptcy, business is about to change the content of the business business registration and information about the law in business.
6-international cooperation in the field of business registration.
Chapter III ORDER of BUSINESS REGISTRATION PROCEDURES, for ENTERPRISES OPERATING UNDER the ENTERPRISE LAW article 7. Business registration records.
1-business registration records for limited liability companies and joint stock companies include: a) business application created under model by the Ministry of planning and investment regulations;
b) Charter company;
c) list of members with regard to limited liability companies from two members, a list of shareholders for the company.
For company business lines must have capital, they must have more certified by competent authorities or legal certificate of proof of the company's capital.
For company business lines must have the certificate of practice, they must have more valid copy of certificate of practice of one of the people who manage the company according to the provisions of paragraph 12 of article 3 business law.
2-the business registration profile for partnerships include: a) business application created under model by the Ministry of planning and investment regulations;
b) Charter company;
c) list of partnership members.
For company business lines must have capital, they must have more certified by competent authorities or legal certificate of proof of the company's capital.
For company business lines must have the certificate of practice, they must have more valid copy of certificate of practice of partnership members.
3-business registration records for private business including: business registration Application established under model by the Ministry of planning and investment regulations.
For private business to business lines must have capital, they must have more confirmed by the competent bodies or a certificate of proof of legal capital of the business.
For private business to business lines must have the certificate of practice, they must have more valid copy of certificate of practice of the private entrepreneur or business manager.
Article 8. The sequence and procedures for business registration and business registration procedure is performed as follows: 1-the founder of the enterprise or the representative filed enough profile as specified in article 7 of this Decree in provincial business registration office where business is headquartered. Legal representative of the enterprise is responsible for the accuracy, truthfulness of the content business registration records.

Provincial business registration office not required the establishment of enterprises pay more any papers other than the records specified in article 7 of this Decree for each type of business.
2-provincial business registration office receiving the business registration profile. When receiving records, provincial business registration office must be given a receipt on the receipt for the applicants.
3-provincial business registration office certificate of business registration for business within a period of fifteen days from the date of receipt of the record if: a) business lines do not list forbidden lines of business;
b) is set correctly according to the provisions in clause 1 article 24 business law;
c) business registration profile is valid under the provisions of paragraph 3 of article 3 business law;
d) sufficient business registration fee as prescribed.
After being issued a certificate of business registration, business carved accents and have the right to use the seal.
4-the case of invalid records or company name not set as prescribed, then the provincial business registration office must be notified in writing to the person who established the business know within seven days from the date of receipt. The notice must specify the content to modify and how to modify. Too time without notice, the name of the business considered as approved, business registration records are considered valid.
5-If after fifteen days from the date of filing of business registration, without getting the business registration certificates, the founder of the enterprise has the right to complain to the provincial business registration office, where receiving the business registration profile. After the time limit of seven days from the date of filing of the complaint, which did not receive the reply of the provincial business registration office, the founder of the enterprise has the right to claim khiều up people's Provincial Committee or event out of province-level Administrative Tribunal where filing of business registration in accordance with the law.
6-since when are certification business, business registration have the right business activities without having to ask permission of any State Agency, except where the business lines must have the condition.
7-within seven days from the date of the registration certificate of business for enterprises, provincial business registration office sent a copy of the business registration certificate to the Ministry of planning and investment, the tax authorities, the statistical agency, the agency manages the economic-technical industry the same level The business registration office, the district level where the enterprises are located.
8-business registration certificate by the provincial business registration office level in force in the country.
Article 9. Sign up affiliate, Representative Office 1-When established branches, offices, business must send notice to the provincial business registration office where a branch, Representative Office. Message content includes: a) the name and head office address of the business;
b) business lines;
c) full name, signature and place of residence of the legal representative of the enterprise;
d) name and address of the Branch Office, Representative Office;
DD) content, the scope of activities of the branch, Representative Office;
e) full name, place of residence of the head of branch, Representative Office.
2-attach the notification prescribed in paragraph 1 of this article, must have: a) a copy of the business registration certificate of the enterprise;
b) a copy of the company Charter for limited liability companies, joint stock companies, partnerships.
3-If the lines of business of the branch line with the business lines of the business, the content of representative office activities consistent with the content of the business functioning within a period of seven days from the date of the notice, provincial business registration office certificate of business registration activities of branch , Representative Office.
After being granted a certificate of registration, branches, representative offices are engraved the seal and has the right to use the seal.
After the seven-day time limit from the date of sending the notification prescribed in paragraph 1 of this article to the provincial business registration office, which branches, representative offices are not granted registration certificates, the enterprise has the right to complain under the provisions in clause 5 article 8 of this Decree.
4-the business case established branches, representative offices in other cities in the province, where the enterprises are located, then within a period of seven days from the date of certificate of registration of branches and representative offices, the business must be notified in writing to the provincial business registration office where the enterprises are located and added to the profile registration joint.
5-The establishment of branches, representative offices of foreign enterprises is done according to the rules of the law of that country.
Within a period of fifteen days from the date of the official opening of the branch, overseas representative office, business must notify in writing to the provincial business registration office where corporate headquarters to complement the business registration profile.
Article 10. Additional registration, change of business lines 1-When added, change the lines of business, the business of sending the notice to the provincial business registration office where business has registered. Message content includes: a) the business name, business registration number, date of certificate of business registration;
b) address corporate headquarters;
c) business lines have registered;
DD) additional registration lines or change;
DD) name, signature and place of residence of the legal representative of the enterprise.
For additional registration lines are the lines must have capital, they must have more confirmed by the competent bodies or a certificate legally prove the business's capital.
For additional registration lines are the lines must have the certificate of practice, they must have more valid copy of certificate of practice under the rules.
2-When the notice is received, the provincial business registration office must be given a receipt and identify additional registration date, change of business lines in the original business registration certificate of the enterprise within seven days from the date of the notice.
After the seven-day deadline the said that business was not additional registration, change of business lines, the business still has the right business lines that, unless additional registration lines, change is business lines have the condition.
Article 11. Registration of change of address of business headquarters 1-When moving the head office address to another within the province, central cities, sending business notifications to provincial business registration office. Message content includes: a) the business name, business registration number, date of certificate of business registration;
b) address corporate headquarters;
c) address the intended transfer to Headquarters;
DD) name, signature and place of residence of the legal representative of the enterprise.
When the notice is received, the provincial business registration office must be given a receipt on registration records and determine the transfer headquarters address on the original certificate of business registration of the business within seven days from the date of the notice.
After the seven day deadline saying on that business still not registered to transfer the head office address, the business still has the right to move to the new headquarters, but to send a message about the new headquarters address for all the creditors know before moving address.
2-When the address transfer business headquarters to the other, sending business notifications to provincial business registration office where registered enterprises and provincial business registration office where the business plan to the new headquarters. Message content includes:

a) business name, business registration number, the date and the place where the certificate of business registration;
b) address corporate headquarters;
c) address the intended transfer to Headquarters;
d) name, domicile and signature of the legal representative of the enterprise.
Attached to the notice sent to the provincial business registration office where the business intends to put the new Office, to have the Charter company and the list of members with regard to limited liability companies from two members, list shareholders with regard to a joint stock company, Partnership members list for partnerships.
The case of the business names do not match or do not cause confusion with the name of the business was registered in the local scope where the business moved to, then the provincial business registration office where the business intends to put the new Office, registered the address switch headquarters and back the business registration certificate of the enterprise within fifteen days from the date get the message.
The case of the name of the business coincide or cause confusion with the name of the business was registered in the local scope where the business moved to, within seven days from the date of the notice, provincial business registration office, where the business plan set the new Office must be notified in writing to the business know Business Guide, choose another name and change the relevant content in the profile of the business. In this case, provincial business registration office registered office address when businesses make the right the above requirements.
Within seven days from the date of re-issuance of certificates of registration of business, the business must submit a copy of valid business registration to the provincial level, where previously registered business enterprises.
3-changing the headquarters address of the business do not alter the rights and obligations of the business.
Article 12. Register business name changed to 1-When the name change, the enterprise to send notice to the provincial business registration office, where business has registered. Message content includes: a the current Name of the enterprise); business registration number and date of certificate of business registration;
b) address corporate headquarters;
c the expected Name change);
d) name, domicile and signature of the legal representative of the enterprise.
2-When the notice is received, the provincial business registration office must be given a receipt on registration records and determined to change the name to the original business registration certificate of the enterprise.
The case is expected to change the name of the business do not match or do not cause confusion with the names of the registered enterprises, the provincial business registration office to register the new name in the rename and original business registration certificate within seven days from the date of the notice.
The case is expected to change the name of the business coincide n1k1 confuse with the name of the registered enterprises, the provincial business registration office notice in writing to the business to know Business Guide at the same time, select a different name and register the change of name of business as prescribed in this article.
3-changing the name of the business do not alter the rights and obligations of the business.
Article 13. Registration of change of legal representative of the Enterprise 1-case companies receiving members, expels a member, Partnership members have withdrawn from the company, the companies sent notice to provincial business registration office, where companies sign business. Message content includes: a) the company name, business registration number, date of certificate of business registration;
b) head office address of the company;
c) full name, place of residence of the members of the new partnership; of partnership members were expelled or voluntarily withdrew from the company;
d) signed by all members of partnership or partnership authorized members.
When the notice is received, the business registration Office awarded the provincial receipt and determine the date registered partnership members changes to the original business registration certificate of the company within seven days from the date of the notice.
2-the case of change of legal representative of the limited liability company and joint stock company, then the company sent notifications to provincial business registration office where registered companies. Message content includes: a) the company name, business registration number, date of certificate of business registration;
b) head office address of the company;
c) full name, title, place of residence of the person being represented by the law of the company;
d) full name, title, place of residence of the person who replaced as the representative of company law;
DD) name and signature of the Chairman of the Board of Directors, of the statutory representative of the company for a limited liability company members, the Chairperson of the Board for the company.
When the notice is received, the business registration Office awarded the provincial receipt and determine the date of registration of change of legal representative of the company to the original business registration certificate within seven days from the date of the notice.
Article 14. Registration of change capital of private business owners and Charter capital of the company.
1 – where the business owner's capital dropped to the lower level of the registered capital, the business owner must be notified of the reduction of capital with provincial business registration office where business has registered. Message content includes: a) the business name, business registration number, date of certificate of business registration;
b) full name, signature and place of residence of the enterprise;
c) address corporate headquarters;
d) business lines;
DD) registered capital investment Level and the level of registered capital after reduction.
When the notice is received, the business registration Office awarded the provincial receipt and determine the date registered capital reduction on the original business registration certificate within seven days from the date of receipt of the notice, except where the provisions of paragraph 3 of this article.
Business owners have the right to increase or decrease its capital without reporting to the provincial business registration office, if an investment has been reduced not lower the number of registered capital.
2-When falling, capital reduction, the company sent notifications to provincial business registration office where registered companies. Message content includes: a) the company name, business registration number, date of certificate of business registration;
b) head office address of the company;
c) business lines;
d) capital stock subscribed and registered capital after increase or decrease;
DD) name, signature and place of residence of the legal representative of the company or of the Partnership members authorized for partnerships.
When the notice is received, the business registration Office awarded the provincial receipt and determine the date of registration of capital changes into the original business registration certificate to the company within seven days from the date of receipt of the notice, except where the provisions of paragraph 3 of this article.
3-for the business lines must have the capital, the provincial business registration office registered just reduce the capital or capital stock, if the level of registered capital after reducing the lower capital levels not apply to lines.
Article 15. Notice of suspension of business activities halted operation must notify in writing to the provincial business registration office where registered businesses and tax authorities at least fifteen days before inactivation. Message content includes: 1-company name, business registration number, and date of certificate of business registration;
2-head office address of the business;
3-business lines;

4-time limit for inactivation, the start date and end date duration of suspension of activities.
5-the reason for inactivation.
Provincial business registration office receives notification and log tracking.
Article 16. Revoke the certificate of business registration 1-business case did not conduct operations within a period of one year from the date of being granted a certificate of registration prescribed in point a paragraph 3 to article 121 the enterprise law, the provincial business registration office to send written notice of the breach and requiring businesses to business activities in time limit of fifteen days from the date of notification.
After the time limit of fifteen days, if the business still not running the business, the business registration office granted the request of legal representative of the enterprise to the headquarters of the room to explain.
Cases of people being asked not to, then the provincial business registration office publicize violations of business and the recovery of the business registration certificate.
2-stop business case business continuity a year without notice with provincial business registration office under the provisions of point b paragraph 3 Article 121 the enterprise law, the provincial business registration office to send written notice of the breach and require businesses to report the reason of suspension of business and time began to continue business.
After the time limit of fifteen days, if the business is not reported, the provincial business registration office requires the legal representative of the enterprise to the headquarters of the room to explain.
Cases of people being asked not to, then the provincial business registration office publicize violations of business and the recovery of the business registration certificate.
3-no business case report on the operations of your business with the business registration office granted the province in two years in a row according to the provisions in point c paragraph 3 Article 121 the enterprise law, the provincial business registration office to send written notice of the breach and require businesses to report in writing on the State of business activity of the business within a period of fifteen days from the date of notification. After that period, if the business is not reported, the provincial business registration office publicize violations and revoke the certificate of business registration.
4-the business case did not submit a report as prescribed in paragraph 3 Article 116 business law to provincial business registration office within a period of six months from the date the written request as specified in point d paragraph 3 Article 121 business law, within fifteen days from the date of the end of the term of the first message, provincial business registration office sent a second message asking the business report prescribed.
After the end of the term of the second message that businesses still do not have the written report as prescribed, then the provincial business registration office requires the legal representative of the enterprise to the headquarters of the room to explain.
Cases of people being asked not to, then the provincial business registration office publicize violations and revoke the certificate of business registration.
5-the business registration office case provincial business lines is prohibited, then the written notice required to terminate the business right in the business lines. If the business still continue business lines is prohibited, then the provincial business registration Office revoked the certificate of business registration, notification with the competent State agencies to process according to the provisions of the law.
6-after the publication of the violation of the business under the provisions of clause 1, 2, 3, 4 and 5 of this article, the provincial business registration office forced dissolution procedures business prescribed in clause 5 Article 112 corporate law and remove business name in the business register.
7-the case of professional regulatory bodies discovered there business law violations, then directly processed by the authority are regulated or informed the provincial business registration office where the business registration business to handle.
Chapter IV BUSINESS REGISTRATION for INDIVIDUAL BUSINESS HOUSEHOLDS article 17. Individual business households 1-individual business households because a individuals or households, business at a fixed location, casual employment, no seals and responsible by the whole of its assets for business operations.
2-households and agriculture, forestry and fisheries, the salt and the vendors, snacks, low income services do not have to register your business.
Article 18. Business registration rights all citizens 18 years, enough Vietnam has the capacity for civil acts in full; households have a business registration rights prescribed in this chapter, with the exception of minors, who are restricted or lost the capacity for civil acts, who are suffering prejudice criminal liability or penalty is imprisonment or being the Court of Duke Power pair.
Article 19. The sequence and procedures for business registration for individual business households 1-individuals or representatives of households filing of business registration business to the individual household business registration at district level where the business location.
2-the content of business registration form individual business households include: a) the name, signature and place of residence of the individual or the representative of the household;
b) business location;
c) business lines;
d) business capital;
For those lines that law, Ordinance, decree must have the certificate of practice, then attached to a copy of the valid certificate of practice of individual or household representative.
The business registration office at district level are not required business registrations filed any papers other than the profile defined in this clause.
3-within seven days from the date of receipt of the application, the business registration office at district level certificate of business registration for individual business households, if enough of the following conditions: a) business lines do not list forbidden lines of business;
b) where individual business households have proper names, then that name is not identical with the name of the individual business households have registered within the district;
c) sufficient business registration fee as prescribed.
The business registration office districts do not have the right to delay or deny the registration business for individual business households with any reason.
4-within seven days from the date of certificate of business registration, business registration office at district level to send a copy of the certificate of business registration for individual business households of the tax authorities at the same level.
Article 20. The time of individual business households business has the right to conduct business activities after being issued a certificate of registration of business, except the business case the business lines must have the condition.
Article 21. Subscribe change subscription content business 1-When changing the content of registered business, individual business households reported the contents change with the business registration office at district level where has issued a certificate of business registration.
2-If the business moved to other districts, individual business households return business registration certificate to the business registration office at district level have certificate of business registration and conduct of business registration business registration office at the district level where the new business locations.
3-the case of suspend business from thirty days or more, notice of individual business households with the business registration office at district level where the certificate of business registration and tax authorities directly managed.

4-When the termination of business activities, individual business households must pay back the business registration certificate to the business registration office at district level where individual business households have signed up.
Chapter V ENFORCEMENT PROVISIONS Article 22. Handle violation 1-public servants have the right door, bossy behavior, harassment, difficult, troublesome for individual institutions while solving the business registration, in examining the contents of business registration, shall be punished according to the provisions of the law.
2-public officials refuse to grant the certificate of business registration for people who are qualified or certificate of business registration for non-eligible, depending on the nature and extent of the violation being disciplined or arrested save for criminal liability in accordance with the law.
The case of damage caused by violations of the provisions of this clause caused, officers, public servants concerned have to compensate for the Organization, the individual victims.
3-Who have one of the following violations, depending on the nature and extent of the violation that sanctioned administratively or be blind for criminal liability in accordance with the law: a) business in the form of private enterprise, limited liability company, joint stock company , companies, individual business households without business registration according to this Decree;
b) continued the business when it has revoked the certificate of business registration;
c) enumerate dishonest, inaccurate, not timely register content change in business registration records of the enterprise;
d) intentionally property valuation, which is higher than the actual value;
DD) do not submit annual financial reports to the registry business, tax authorities or send the report dishonest, incorrect.
Article 23. Effective 1-this Decree shall be enforceable after fifteen days from the day of promulgation; the previous provisions contrary to this Decree are repealed.
2-Chapter IV this Decree replaces Decree No. 66-dated 2 March 1992 of the Council of Ministers on personal and business groups have lower equity capital specified in Decree No. 221-dated July 23, 1991.
Individuals, business groups operating under Decree No. 66-dated 2 March 1992 of the Council of Ministers not to remake the business registration procedures defined in chapter IV of this Decree, but has the right to change the license obtained the certificate of business registration. Business license granted under Decree No. 66-dated 2 March 1992 of the Council of Ministers but also valid term, valuable as the business registration certificate for the individual business households according to the provisions of this Decree.
Individual and group business activities according to Decree No. 66-dated 2 March 1992 of the Council of Ministers are trading at 2 locations and often hired labor to choose business type to register under the provisions of the law on business enterprises.
3-limited liability companies, joint stock companies, private enterprises were established in accordance with the Company Law, the law on private enterprises on December 21, 1990, the law on amendments and supplements to some articles of the law firm, the law on amendments and supplements to some articles of the law on private enterprises in 22 June 1994 do not register again.
Article 24. Guidelines for implementing the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
Minister of planning and investment has responsibility to guide and organize the implementation of this Decree.