Decree on GOVERNMENT business registration pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of business 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 registration under the provisions of the law is the right of the individual and the Organization are protected State.
2. Ministries, ministerial-level agencies, provincial people's Committee, the city was not centrally issued regulations on registration of business or industry specific to its locality.
3. Prohibit the 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. Business registration 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) based on the specific tasks and requirements of the local business registration, Chairman of the provincial people's Committee decided to set up the business registration office at district level; the case does not establish the business registration office at district level, then the assigned financial-planning or economic tasks of business registration prescribed in article 5 of this Decree (hereinafter referred to as the business registration agency district level).
2. provincial business registration office and the business registration office at district level (for those districts are established business registration office) have accounts and private seals.
Article 4. The duties, powers, responsibilities of the provincial business registration office 1. Direct receipt of business registration; consider the validity of the business registration profile and certificate of business registration for business.
2. Guide the business registration of business lines must have terms and conditions of business lines.
3. Construction, management of enterprise information system in the local scope; provides 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. Require the enterprise to report the business situation of the business 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. When considering the business registration profile, if the content of register Declaration is incorrect, incomplete, then ask the business registry editing or do business registration records; If the content of register Declaration is fake, then refuse to grant registration.
After the certificate of business registration, if detected has the content declared in the business registration profile is not correct, then depending on the level of offense that processed under the provisions of Decree No. 37/2003/ND-CP dated 10 April 2003 of the Government sanctioning administrative violations regarding registration business.
6. Direct examination or request competent State agencies to check enterprises by the content of business registration.
7. The revocation of business registration certificate for the business in the following cases: a) has content declared in the business registration profile is fake or contrary to article 9 of law;
b) non-registered tax code within a year from when the certificate of business registration;
c) do not operate at the headquarters of registration within a period of one year from the date of being granted a certificate of registration or a certificate of change of principal office;
d) Ceased operations a year continuously without reporting the business registration agency;
DD) does not report on the operations of your business with the business registration agency in 2 consecutive years;
e) Don't send report as specified in paragraph 3 Article 116 business law to business register within a period of 6 months from the date requested in writing;
g) business lines is prohibited.
The business registration agency is not empowered to revoke the business registration certificate of the enterprise in any circumstances other than those specified in this clause.
Article 5. The duties, powers, responsibilities of the agency-level business registration 1. Directly accepting registration of individual business households, considered the validity of the registration and certificate of business registration for individual business households.
2. Guide the business registration of business lines must have terms and conditions of business lines.
3. construction, management of information systems of households individual business activity on the range; periodically report the people's committees at district level, provincial business registration office on the individual business households and businesses, branches, representative offices and geographical scope of businesses.
4. Directly or in collaboration with the competent State agencies to check enterprises, individual business households according to the content of business registration on the range; Verify the contents of business registration of the enterprise, branch and representative offices on local range at the request of the provincial business registration office.
5. Revocation of business registration certificate for the individual business households in the following cases: a) did not conduct operations within a period of sixty days from the date of certificate of business registration;
b) Ceased business operations too sixty days continuously without notice with the registry-level business where business registration;
c) Moved to business locations in other districts;
d) business lines is prohibited.
The business registration agency districts do not have the right to revoke the certificate of business registration of individual business households in any case other than those specified in this clause.
Article 6. The duties, powers, responsibilities of the Ministry of planning and investment on business registration 1. Issued under the authority of the text guide to professional service, serving form of business registration.
2. Instruction, training, professional training for business registration officers to do the work of business registration.
3. Regulations report on the work of business registration and check the observance of reporting it nationwide in scope.
4. building, manages corporate 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. Monitor, check the work of business registration; check the legal texts relating to business registration by the Ministry, the people's Council, the provincial people's Committee, the city of centrally issued; the discovery stipulated by the body that issued the vires or contrary to business law or Decree Law Enforcement Guide and resolved in accordance with the paragraph 3, 4, 5 article 13 of Decree 87/2002/ND-CP dated 5 November 2002 of the Government functions duties, powers and organizational structure of ministries, ministerial agencies.
6. International cooperation in the field of business registration.
Chapter III SETS the COMPANY NAME to article 7. Business name 1. Company name must have at least 2 of the following components: a) the types of business;
b) names.

The name must be written in Vietnamese, can be attached to the numbers and symbols, the pronunciation is.
2. enterprises can use business lines or other ancillary to constitute the Enterprise name.
Article 8. The things forbidden in most recent business name 1. No duplicate name or name causes confusion with the name of the registered business.
2. do not use the name of the State Agency, the people's armed forces, the name of the political organization, social-political organizations to do the whole or part of the name of the business, unless otherwise approved by the Agency, or organization unit.
3. do not use words, symbols violate the historical tradition, culture, morality and customs of peoples to name specific to the business.
Article 9. Name of business written in a foreign language name of business written in a foreign language is to be translated from English to Vietnamese. When translated to English, the name of the business can retain or corresponding full translation into foreign languages.
Article 10. Duplicate name and name confusion 1. The duplicate name is the name of the business case required to register are written and read by Vietnamese completely identical with the name of the registered business.
2. The following circumstances are considered to cause confusion with the names of other businesses: a) of Vietnamese business by Name requires registration to read the same as the registered business name;
b) of Vietnamese business by the name registration request is just another business name registered by the symbol "&";
c) abbreviation of business registration requirements coincide with the initials of registered enterprises;
d) Name in a foreign language of business registration requirements coincide with the foreign names of registered enterprises;
DD) Name of business registration requirements other than the name of the business was registered by a natural number, order number or the Vietnamese alphabet (A, B, C, ...) immediately following the name of the business, except the business registration requirements is the business of the registered business.
e) name of your business registration requirements other than the name of the business was registered by the word "Tan" right before, or "new" following the name of the registered business.
g) Business Name registration requirements only other registered business name by the words "North", "North", "South", "South", "middle", "Central", "East", "West", "East", "Eastern", except in the case of businesses required to register is the business of the registered business.
h) cases of other confusing name by decision of the Ministry of planning and investment.
Article 11. Other issues related to named enterprises 1. The base specified in this chapter, within three months after this Decree in force provincial business registration office collection business directory the same name and business name to cause confusion with the names of other businesses on local scope; Business information centers countries gathered and put business directory the same name and business name to cause confusion with other businesses in the country up to domestic business information page of the enterprise information system.
2. The business register before this Decree is in effect the name causes confusion with other business name not being forced to register the change of name.
3. Ministry of planning and investment guide detailing the most recent company name specified in this chapter.
Chapter IV the ORDER, BUSINESS REGISTRATION PROCEDURES for ENTERPRISES OPERATING UNDER the ENTERPRISE LAW article 12. 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. 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 13. The sequence and procedures for business registration and business registration procedure is performed as follows: 1. The established business or representative authorized to file the application as defined in article 12 of this Decree in provincial business registration office where business is headquartered. Founders, shareholders, owners, owners of companies private enterprise Partnership members, together with representatives of the law of vicarious business 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 12 of this Decree for each type of business.
2. When receiving records, provincial business registration office must be given a receipt on the receipt for the applicants. Provincial business registration office is responsible for the validity of the record, is not responsible for the violations of the law of business occur after the registration of the business.
3. provincial business registration office certificate of business registration for business within a period of fifteen days from the date of receipt, if enough of the following conditions: a) business lines do not list forbidden lines of business;
b) is set correctly according to the provisions in chapter III of this Decree.
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. in case of invalid records or company name placed incorrectly 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 appeal to the provincial people's Committee or event out of province-level Administrative Tribunal where filing of business registration in accordance with the law.
6. Since being granted a certificate of registration of business, businesses have the right to operate the business without having to ask permission of any home nướcnào 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, business information center, tax authorities, the statistical agency, the agency manages the economic-technical industry the same level the business registration agency, 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 14. Sign up branches, representative offices 1. When set up branches, representative 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 of business;
c) name branch, Representative Office intends to establish; the name must include the word "branch" to sign and the word "branch offices" for the cases established a representative office;
d) full name, identity card number, signature and place of residence of the legal representative of the enterprise;
DD) name and address of the Branch Office, Representative Office;
e) content, the scope of activities of the branch, Representative Office;
g) full name, place of residence, number of the identity card of the head of branch, Representative Office.
2. Enclose the notice specified in clause 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.
c) decision in writing, with a copy of the minutes of the meeting of the Council members for the limited liability company two members or more, the owner of the company with respect to the limited liability company, a member of the Board for the company, the members of the partnership for companies on the establishment of branches , Representative Office.
For business branch of the profession to have certificates of practice, they must have added a copy of the certificate of practice of at least one of the people who work in the branch, Representative Office.
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, the business registration office granted the certificate of registration of the 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.
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 15. 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;
d) lines of additional registration or change;
DD) full name, identity card number, signature and place of residence of the legal representative of the enterprise.
With regard to supplement, change lines must have capital, they must have more confirmed by the competent bodies or a certificate legally prove the business's capital.
With regard to supplement, change lines must have the certificate of practice, they must have more valid copy of certificate of practice under the rules.
Attached to the notice to have the decision in writing and a copy of the minutes of the meeting of the Council members for the limited liability company two members or more, the owner of the company with respect to the limited liability company a member, of the General Assembly of shareholders for the company and the members of the partnership for companies on the Sung, changing lines of business.
2. When the notice is received, the provincial business registration office must be given a receipt and perform additional registration, change of business lines within seven days from the date of the notice.
Article 16. 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;
d) full name, identity card number, signature and place of residence of the legal representative of the enterprise.
Attached to the notice to have the decision in writing and a copy of the minutes of the meeting of the Council members for the limited liability company two members or more, the owner of the company with respect to the limited liability company a member, of the General Assembly of shareholders for the company and the members of the partnership for companies about the post change of address-registered head office of the enterprise.
When the notice is received, the provincial business registration office must be given a receipt and execution of registration address change corporate headquarters within seven days from the date of the notice.
After the seven day deadline saying on that business still not registered to change headquarters, the enterprise 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 moving the headquarters address of the business 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) the 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) full name, identity card number, signature and place of residence 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; decision in writing and a copy of the minutes of the meeting of the Council members for the limited liability company two members or more, the owner of the company with respect to the limited liability company a member, of the General Assembly of shareholders for the company and the members of the partnership for the partnership.
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 address of the headquarters of the business do not alter the rights and obligations of the business.
Article 17. 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) full name, identity card number, signature and place of residence of the legal representative of the enterprise.
Attached to the notice to have the decision in writing and a copy of the minutes of the meeting of the Council members for the limited liability company, the company's owner for limited liability company a member, of the General Assembly of shareholders for the company and the members of the partnership for partnerships about renaming the business.
2. When the notice is received, the provincial business registration office must be given a receipt and make the business name change registration within seven days of receipt of the notice, if the intended name change of the business is not contrary to the provisions of the business names.
3. The change of name of the business do not alter the rights and obligations of the business.
Article 18. Registration of change of legal representative of the Enterprise 1. Cases of 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 registration done change the partnership membership within seven days from the date of the notice.
2. in 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, identity card number, title, place of residence of the person being represented by the law of the company;
d) full name, identity card number, title, place of residence of the person who replaced as the representative of company law;
DD) name and signature of Chairman of Board members for the limited liability company, two members, of the authorized agent of the owner of the company for a limited liability company members, the Chairperson of the Board for joint stock companies and limited liability companies a member according to the model of the Board. The case of the President of the Council members, the Chairman of the Board or the legal representative of the company fled the residence, being mentally ill, detention or other illnesses that may not aware, mastered themselves or refused to sign the notice of the company , it must have the name and the signature of the members of the Board members or Board members attended and voted unanimously on the change of the legal representative of the company.
Attached to the notice to have the decision and a copy of the minutes of the meeting of the Council members for the limited liability company two members or more, the owner of the company with respect to the limited liability company, a member of the Board for joint stock companies and limited liability company to a member of the organization according to the model of the Board.
When the notice is received, the provincial business registration office must be given a receipt and execution of registration change of partnership members within seven days from the date of the notice.
Article 19. Registration of change capital of private business owners and the company's Charter capital 1. When falling, the registered capital reduction, private business owners are notified of the change 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, identity card number, signature and place of residence of business owners;
c) address corporate headquarters;
d) business lines;
DD) registered capital Levels, the level of registered capital changes, the method and time of the change of capital.
When the notice is received, the business registration Office awarded the provincial receipt and make investment changes registration within seven days from the date of the notice.
2. When increasing the 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; the method and the time taken increases or decreases of capital;
DD) full name, identity card number, signature and place of residence of the legal representative of the company or of the Partnership members are authorized for partnerships.

Attached to the notice to have the decision and a copy of the minutes of the meeting of the Council members for the limited liability company two members or more, the owner of the company with respect to the limited liability company a member, of the General Assembly of shareholders for the company and the members of the partnership for partnerships; for cases of capital reduction, accompanied reported must have more balance sheet assets of the company at the time of the decision to reduce capital.
When the notice is received, the business registration Office awarded the provincial receipt and registration done increase and decrease of capital to the company within seven days from the date of the notice.
3. The case of capital reduction for business lines must have the capital, the provincial business registration office only registered capital reduction or reduction of capital, if the level of registered capital after reducing the lower capital levels not apply to lines.
Article 20. Subscribe to change company membership 1. Do not make changes to registered shareholders joint-stock companies; the change of shareholders of shares registered in the shareholder register of the company; signing by the President of the Board made on the basis of documents confirming the transfer of shares or buy new shares issued by the company.
Shareholders are foreign organizations and individuals, foreigners do not usually stay in Vietnam only to be registered in the shareholders register and become shareholders of the company, if the total number of shares of the foreign shareholders has not exceeded 30% of the total number of shares is entitled to the company's release.
2. The registration of the change of members limited liability company two members shall be as follows: a) for cases of changes due to the company receiving more new members, the company sent notifications to provincial business registration office, where the company was registered. The notice must contain the following principal contents:-company name;
-Business Registration Number;
-Address of Head Office;
-The name, headquarters (for members are held), full name, identity card number or passport number (for individual members), nationality, value capital and shares, raising capital, property type, which is the number and the value of each property type which of new members;
-The shares have changed respectively for existing members after receiving more new members;
-Charter capital of the company after registering to receive more new members;
-Full name, identity card number, signature of the legal representative of the company.
Attached to the notice to have the decision and a copy of the minutes of the meeting of the Board members about the reception of adding new members, the capital contribution confirmations of new members to the company; for members are held abroad, have to have extra copies of valid license or certificate of registration; individual membership is for foreigners to have more copies of passport validity of that person.
When the notice is received, the business registration Office awarded the provincial receipt and register membership changes, Subscribe to capital increases of companies within seven days from the date of the notice. The case of the new Member is a foreign organization or individual foreigners not resident in Vietnam, then the registration of membership changes made only when the shares of foreign shareholders has not exceeded 30% of the Charter capital of the company.
b) for membership changes due to the transfer of the shares, the company sent notifications to provincial business registration office, where the company has registered the business. The notice must contain the following principal contents:-company name;
-Business Registration Number;
-Address of Head Office;
-The name, address of Head Office (for organizations) or the full name, identity card number or passport number (for individuals), nationality, shares of transfer of membership;
-The name, address of Head Office (for organizations) or the full name, identity card number or passport number (for individuals), the nationality of the assignee and the respective shares in the company after the transfer;
-Time assignment;
-Full name, signature, number of the identity card of the legal representative of the company, of the assignor and the assignee.
Notice must be attached to the contract of assignment and the papers attest has completed the assignment, confirmation of the company. Provincial business registration office receives the notice, handed a receipt and execution of registration change of membership within seven days from the receipt of the notice; If the assignee is held abroad, foreigners not resident in Vietnam, then the registration of membership changes are made, when the shares of foreign shareholders has not exceeded 30% of the Charter capital of the company.
c) for change of membership by inheritance, the company sent notices to members Changing Rooms where provincial business registration business has registered the business. The notice must contain the following principal contents:-company name;
-Business Registration Number;
-Address of Head Office;
-Full name, identity card number or passport number, nationality, shares of members leave the inheritance;
-Full name, identity card number or passport number (if available), nationality, signature and shares of each recipient of inheritance;
-The time of inheritance;
-Full name, signature, number of the identity card of the legal representative of the company.
The notice must be accompanied by a copy of the papers attest the inheritance. Provincial business registration office receives the notice, handed a receipt and execution of registration change of membership within seven days from the receipt of the notification.
Article 21. The right to complain of the business after the seven-day time limit from the date of sending additional messages to change the content of business registration regulations in articles 15, 16, 17, 18, 19, and 20 of this Decree to the provincial business registration office, that business is not registered plugins, change subscription content such as business rules , then the complaint under the provisions of paragraph 5 of article 13 of this Decree.
Article 22. 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. Business name, business registration number, and date of certificate of business registration;
2. headquarters address of the business;
3. business lines;
4. Time limit for inactivation, the start date and end date the time limit for inactivation;
5. The reason for inactivation;
6. Name, identity card number, signature of the legal representative of the enterprise.
Attached to the notice to have the decision and meeting of Board members with regard to limited liability company two members or more, the owner of the company with respect to the limited liability company a member, of the General Assembly of shareholders for the company and the members of the partnership (for companies).
Provincial business registration office receives notification and log tracking.
Article 23. Revoke the certificate of business registration 1. The case of the business registration agency discovered the content declared in the register of business is fake, then the notice of violation and decided to revoke the certificate of business registration.

2. in case of private business owners, members of limited liability companies, shareholders and company Partnership members registered their business objects Enterprise establishment is prohibited under article 9 of law businesses is processed according to the following provisions : a) for private enterprises, provincial business registration office where business has registered the offending message and decided to revoke the certificate of business registration.
b) for limited liability companies and joint stock companies, provincial business registration office where business has to register the notice in writing require the company to change members or shareholders are not subject to the right of establishment and implementation of sign change of members the shareholder, within three months from the date of notification. Too time without change of registered members or shareholders, then the provincial business registration office notice violations and decide on the revocation of business registration certificate.
c) with respect to partnerships, business registration agency sent notice in writing requesting the company changed the partnership membership in banned objects Enterprise establishment and registration of membership changes within fifteen days from the date of notification. Too time which does not register membership changes, then the provincial business registration office announced in violation and decided to revoke the certificate of business registration.
3. for the business case in violation of points b, c, d and DD account 7 article 4 of this Decree, provincial business registration office in writing notice of the violation and the required legal representative of the enterprise to the headquarters of the room to explain. After fifteen days from the date to be specified in the notice for which the person is not required to, then the provincial business registration office announced the enterprise's violation and revocation of business registration certificate.
4. where the business does not submit the report according to the provisions 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 requested reports, provincial business registration office sent notice in writing require the legal representative of the enterprise to the headquarters of the room to explain. After fifteen days from the date to be specified in the notice for which the person is not required to, then the provincial business registration office publicize violations and revoke the certificate of business registration.
5. where the business registration office 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 notification of the violation of the business under the provisions of clause 1, 2, 3, 4 and 5 of this article, the business registration office to grant the requested procedure business dissolved according to the provisions in clause 5 Article 112 corporate law. After six months from the date of the decision to revoke the certificate of registration of business, without getting business dissolution profile, then regarded as the business was dissolved and provincial business registration office delete a business name in the business register. In this case, the representative under the law, all members with regard to limited liability companies, owners of the company for the limited liability company a member, all members of the Board for the company and all Partnership members jointly liable for the unpaid debts (if any) , including tax debts and financial obligations not yet done of the business was dissolved.
Chapter V REGISTRATION for INDIVIDUAL BUSINESS HOUSEHOLDS article 24. Individual business households 1. Individual business households due to an individual or household, only the registered business in another location, use no more than ten workers, do not have the seal and be responsible by the whole of its assets for business operations.
2. Household production of agriculture, forestry, fisheries, the salt and the vendors, snacks, low income services do not have to register your business. The people's Committee, the city of centrally prescribed income level applied on the local scope in which to do business or household income is lower than the services specified are not registered business. Low income levels are specified not exceed taxable income starting point for individuals who have a high income.
3. individual business households that use more than ten workers or more than one business location must be converted into the business.
Article 25. The right business registration 1. 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 be deprived of the rights court practice.
2. A personal, household provisions in paragraph 1 of this article only been registered a business individual business households.
Article 26. 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 registration agency-level business where the business location.
2. content of business registration form individual business households include: a) the full name, identity card number, signature and place of residence of the individual or the representative of the household;
b) business location address;
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.
Business register at district level are not required business registrations filed any papers other than the profile defined in this clause.
3. The registry-level business receipt, handed a receipt and certificate of business registration for individual business households within seven days from the date of receiving the application, if there is 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 agency 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 agency districts sent a copy of the certificate of business registration individual business households for the same level of tax bodies and specialized Facility.

5. If after fifteen days from the date of filing of business registration, which does not receive the certificate of business registration, the registrant individual business households have the right to complain to the business register at district level, where receiving the business registration profile. After the time limit of seven days from the date of filing of the complaint, which does not get answered by the agency-level business registration, the registrant individual business households have the right to appeal to the people's committees at district level or provincial administrative court where the filing of business registration in accordance with the law.
Article 27. 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 28. Subscribe to change the content of business registration 1. When changing the content of registered business, individual business households reported the contents change with the business register at district level where has issued a certificate of business registration.
2. If the transfer of the business to places in other districts, individual business households return business registration certificate to the registry-level business has issued a certificate of business registration and conduct of business registration business registration agency at the district level where the new business locations.
3. in case of suspension of business from thirty days or more, notice of the individual business with the business registration agency of the district level where the certificate of business registration and tax authorities directly managed.
4. Upon the termination of operations, individual business households must return the certificate of business registration agency for business registration at district level where individual business households have signed up.
Chapter VI PROVISIONS Enacted 29. Handle violation 1. Officials and civil servants asked who established businesses filed more papers, put more procedures, business registration conditions contrary to this Decree; Yes, 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. People 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, not exactly;
e) business lines is prohibited or not eligible for those lines of business.
Article 30. Effect 1. The Decree has effect after fifteen days from the date the Gazette; the previous provisions contrary to this Decree are repealed.
2. This Decree replaces Decree No. 02/2000/ND-CP dated 3 February 2000 from the Government about business registration.
3. Abolish circular No. 05/2000/TTLB-BKH-TCCBCP on 7 June 2000 by the Ministry of planning and investment and the Organization of government officials (Ministry of Interior) Guide to the Organization of the business registration office at the provincial and district levels.
Article 31. 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, consistent with the Minister of the Interior issued instructions on the Organization rules, apparatus, payroll and personnel standards of business registration.
Minister of planning and investment has responsibility for guiding the implementation of this Decree.