CIRCULAR guidelines, business registration procedures as stipulated in Decree No. 105/2004/ND-CP dated April 2, 2004 by the Government on business registration _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ implementation of Decree No. 109/2004/ND-CP dated April 2, 2004 by the Government on business registration (hereinafter abbreviated to Decree 105/2004/ND-CP) the Ministry of planning and investment guide on order and business registration procedures for business operating under the enterprise law, for individual business households defined in Decree No. 105/2004/ND-CP and form used in the business register are as follows: i. REGISTRATION for BUSINESS OPERATING UNDER the ENTERPRISE LAW 1. Business registration records a) for private business:-the business registration Unit, according to the model MĐ-1.
-Certified by the competent authorities confirming legal capital is regulated by law, Ordinance and Decree on capital or legal papers, certificate of proof of business capital (for the business lines must have legal capital).
-A copy of a valid certificate of practice of the private entrepreneur or Business Manager (for business lines must have the certificate of practice).
b) for a limited liability company (LTD) has two members:-business application, form MĐ-2.
-Charter company with content as defined in item 2 article 10 of Decree 3/2000/ND-CP dated 3 February 2000 the Government passed a number of articles in business law (hereafter abbreviated as Decree No. 9/2000/ND-CP) and art. 8 article 1 of Decree 125/2004/ND-CP dated 19 May 2004 by the Government on amendments supplement some articles of Decree No. 9/2000/ND-CP dated 3 February 2000 guiding the implementation of a number of articles in business law (hereafter abbreviated as Decree No. 125/2004/ND-CP).
-List of members, according to the model MDS-1.
-Certified by the competent authorities confirming legal capital is regulated by law, Ordinance and Decree on capital or legal papers, certificate of proof of the company's capital (for company business lines must have legal capital).
-A copy of a valid certificate of practice of one of the members of the Board members or directors (General Director), or one of the other key management positions due to the Charter company rules (for company business lines must have the certificate of practice).
c) to joint stock companies:-business application, form MĐ-3.
-Charter company with content as defined in paragraph 3 article 10 of Decree 3/2000/ND-CP and point b Article 8, paragraph 1 of Decree 125/2004/ND-CP-list of founders, under model MDS-2.
-Certified by the competent authorities confirming legal capital is regulated by law, Ordinance and Decree on capital or legal papers, certificate of proof of the company's capital (for company business lines must have legal capital).
-A copy of a valid certificate of practice of one of the members of the Board, or the Executive Director (ceo), or one of the other key management positions due to the Charter company rules (for company business lines must have the certificate of practice).
d) for limited company:-business application, under model MĐ-4.
-Charter company with content as defined in item 2 article 10 of Decree 3/2000/ND-CP and art. 8 article 1 of Decree 125/2004/ND-CP-certified by the competent authorities confirming legal capital is regulated by law, Ordinance and Decree on capital or the certificate in legal papers, proof of the company's capital (for company business lines must have legal capital).
-A copy of a valid certificate of practice of one of the members of the Board, or the President of the company, or directors (General Director), or one of the other key management positions due to the Charter company rules (for company business lines must have the certificate of practice).
DD) with respect to partnerships:-business application, under model MĐ-5.
-Charter company with content as specified in paragraph 4 of Decree article 10 03/2000/ND-CP and point c Article 8 paragraph 1 of Decree 125/2004/ND-CP-members list, under model MDS-3.
-Certified by the competent authorities confirming legal capital is regulated by law, Ordinance and Decree on capital or legal papers, certificate of proof of the company's capital (for company business lines must have legal capital).
-A copy of a valid certificate of practice of all Partnership members (for company business lines must have the certificate of practice).
2. the business lines stated in the certificate of business registration Beyond the forbidden lines due to business law, business lines stated in the certificate of registration of business as follows: a) for lines that follow the law, Ordinance, decree must be business conditions , or capital, or certificate of practice, then the business lines are scored according to the scope defined in the laws, ordinances, decrees it.
b) with respect to the other business lines, the recorded under the category of business lines used in the register of business attached to Circular 07/2001/TTLT-BKH/GSO on November 1, 2001 of the Ministry of planning and investment and the General Department of statistics industry guide, business use of business registration.
3. Order of business registration procedure a) Who established businesses established and filed a record of business registration regulations for each type of business as prescribed in point 1 section I of this circular in provincial business registration office where business is headquartered.
Who established businesses can authorize in writing or contract with his agent filing of business registration in provincial business registration office.
b) When receiving records of business registration, business registration office may request the person who registered the business process the following papers if it deems necessary: – for individuals involved in raising capital business established: + direct business registration: a paper identification or passport.
+ Who is authorized to: paper identity or passport and Attorney or contract.
+ Company Manager, legal representative: Submit a copy of Hukou Certificate or identity card or passport.
-For participating organizations, which founded the business: + State enterprises: business registration certificate; The decision of the competent authority approval of the project, which is on the company.
+ Company Ltd. has two members: the business registration certificate; Meeting minutes and decisions of Council members about letting companies involved.
+ Company: business registration certificate; Meeting minutes and decisions of the General Assembly of shareholders on whether to allow the company to join.
+ Company limited: business registration certificate; The decision of the owner of the company allows the company to join.
+ Partnerships: business registration certificate; Meeting minutes and decisions of the Partnership members about letting companies involved.
+ Cooperative: business registration certificate; Meeting minutes and resolutions of the General Assembly or other papers Township as defined in the Charter the cooperative about letting the cooperative participation.

+ For the State administrative agencies in the budget have task specified in point b of paragraph 1 and article 31 paragraph 1 point b Article 33 on State budget Law to be National Assembly XI, second session through December 16, 2002; Papers of the competent authority on the genus for raising capital.
+ For political organizations, political society: papers of the competent authorities on political organization, social and political participation.
+ For the other society: papers of competent authorities allows establishing, operating and this Agency's papers on enabling participating Association.
c) When receiving the business registration profile, provincial business registration office must keep a receipt form MTB-19 and awarded to the applicants.
d) who established businesses can send the business registration profile via e-mail address (Email) of the provincial business registration office. When receiving business registration documents submitted via email, provincial business registration office to review the adequacy, and notify the enterprise establishment know the time to receive the certificate of business registration via the phone number or e-mail address of the person or business establishment requires the establishment of revised business supplements for regulation. In this case, when to receive the certificate of business registration, who founded the business must file a business registration profile (profile on paper) in the provincial business registration office to collate and store records. This rule also applies to cases of registered enterprises set up branches, representative offices and registration of changes and supplements the content of business registration.
DD) within a period of fifteen days from receipt, provincial business registration office certificate of business registration for the establishment of enterprises, according to the model of business registration certificates for each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5, if the conditions specified in paragraph 3 of the article 13 of Decree 109/2004/ND-CP provincial business registration Room the record of the business registration certificate of the enterprise as defined as follows:-provincial Code: 2 characters (annex I attached to this circular).
-The form of organization: 1 character, 0 is business, 1 is the branch, 2 is a representative office.
-Item type: 1 character, 1 is private business, 2 is there company 2 members, 3 is a joint stock company, a limited company is 4 members, 5 are the partnerships.
-Code order of business: 6 characters, from 000001 to 999999.
An example of a record number of business registration certificate:-private enterprise headquartered in Hanoi, the business registration certificate number is recorded as follows: 0101000002 (business registration certificate issued to private enterprises Monday in Hanoi)-branch of joint-stock companies have headquarters in Ho Chi Minh City , recorded the number of registration certificates as follows: 4113000003 (certificate of registration issued to the third branch of the types of joint stock companies in Ho Chi Minh City)-Representative Office of limited companies with two or more members with headquarters office in Hai Phong , recorded the number of registration certificates as follows: 0222000004 (certificate of registration issued to the fourth representative office of company types in Hai Phong).
e) case record papers are not enough according to the provisions of point 1 of this Section, or is there not enough stubs, not content between papers in the record; or company name is placed is not correct according to the provisions of point 1, point 2 section III of this circular and the other provisions of the law, shall within seven days from the receipt of the business registration office, provincial level must clearly inform the contents require modification, supplements and how to modify , additional business registration records for the establishment of enterprises, under model MTB-17.
4. Registration of branch, Representative Office) registered a branch, representative office based in the central cities, where businesses are located:-the business of sending notifications to provincial business registration office where registered business business, samples MTB-1 to sign up affiliates sample, MTB-2 to register the establishment of the representative office. For branch business lines must have the certificate of practice, then attached the notice must have more valid copy of certificate of practice of at least one of the people working in the branch.
-For the company when signing up affiliates, representative offices must have more valid copy: + co. has two members: meeting minutes and decisions of the Council members on the establishment of branches and representative offices.
+ Company: meeting minutes and decisions of the Board regarding the establishment of branches and representative offices.
+ Company limited: the decision of the owner of the company set up branches, representative offices.
+ Partnerships: meeting minutes and decisions of the Partnership members on the establishment of branches and representative offices.
-When receiving messages, provincial business registration office must keep a receipt form MTB-19 and awarded to the business.
-Within a period of seven days from the date of the notice, provincial business registration office certificate of registration for branch, according to the form MG-7; certificate of registration of representative office activities under the form MG-8, if the conditions specified in paragraph 1 and paragraph 3 article 14 of Decree 109/2004/ND-CP. within seven days from the date of certificate of registration for branch offices , Provincial business registration office where the business has a modified level business registration certificate of business registration form business registration certificates for each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5.
b) registration of establishment of branches and representative offices in the province, central cities where other businesses are located:-the business of sending notifications to provincial business registration office headquarters of branches, representative offices, according to model MTB-1 to sign up affiliates, the MTB-2 to register the establishment of the representative office; along with the notice must have more copies of valid business registration certificate of the enterprise. For branch business lines must have the certificate of practice, then attached the notice must have more valid copy of certificate of practice of at least one of the people working in the branch.
-For the company when signing up affiliates, representative offices must have more valid copy: + co. has two members: Charter, meeting minutes and decisions of the Council members on the establishment of branches and representative offices.
+ Company: Charter, meeting minutes and decisions of the Board regarding the establishment of a branch, Representative Office. + company limited: the Charter and decisions of the owner company on the establishment of a branch, Representative Office.
+ Partnerships: Charter, meeting minutes and decisions of the Partnership members on the establishment of branches and representative offices.
-When receiving messages, provincial business registration office headquarters branch, representative office must keep a receipt form MTB-19 and awarded to the business.
-Within a period of seven days from the date of the notice, provincial business registration office headquarters, branch offices of enterprises granted certificate of registration for branch, according to the form MG-7, certificate of registration for branch offices, according to the form MG-8 If there's enough of the conditions specified in paragraph 1, paragraph 2 and article 14 paragraph 3 of Decree 109/2004/ND-CP.

-Within a period of seven days from the date of certificate of registration of the representative office, branch of business, send the notice to the provincial business registration office where registered business enterprises on the set of branches, representative offices and accompanied by a copy of valid business registration certificate of the branch the representative office, to supplement the business registration profile and to change the business registration certificate according to the model of business registration certificates for each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5.
c) When a change in the content of branches, representative offices, sending business notifications to provincial business registration office Headquarters Branch Office, representative samples of MTB-3 to change the registration certificates for the branch to form MG-7 According to the representative office, the form MG-8. To change the name of a branch, Representative Office, accompanied by announcements of business must have a copy of valid business registration certificate of the enterprise.
d) when the change of name, address, branches, representative offices, in addition to the implementation of the provisions in point c of this paragraph, the enterprise to send notice to the provincial business registration office where business has registered about business have changed names, addresses of branches, representative offices and accompanied by a copy of valid business registration certificate of the branch the representative office, to change business registration certificate according to the model of business registration certificates for each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5.
DD) upon the termination of the operation of branches, representative offices, sending business notifications to provincial business registration office headquarters, branch offices, to submit the certificate of registration of the representative office, branch. For company, accompanied by the notice must have more valid copy meeting minutes and decisions of Council members with regard to limited companies have two or more members, the company's owner for a limited company members, of the Board for the company , of members of partnership for companies about the termination of activity of representative office, branch; at the same time send a message to provincial business registration office where business is headquartered, to change business registration certificate according to the model of business registration certificates for each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5.
e) business case set up branches, representative offices abroad, shall within fifteen days from the date of the official opening of branches, representative offices, sending business notifications to provincial business registration office where registered business enterprises, to supplement the business registration and profile to be modified, a certificate of business registration certificate form business registration of each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5.
When address changes or termination of the activities of the branch, overseas representative office, shall within fifteen days, the business of sending notifications to provincial business registration office where business has registered business, to change business registration certificate according to the model of business registration certificates for each business type MG-1 , MG-2, MG-3 MG,-4,-5 MG.
5. additional registration, change of business lines a) When additions, changing lines of business, the business of sending the notice to the provincial business registration office where registered business business, samples MTB-4.
-If additional registration lines are lines must have capital, they must have more certified by the competent authorities confirming legal capital is determined by the provisions of laws and ordinances and decrees and regulations on capital or legal papers, certificate of proof of business capital.
-If additional registration lines are lines must have the certificate of practice, they must have more valid copy of certificate of practice prescribed for each type of business referred to in point 1 of this Item.
-For the company accompanied by the notice, the company must have a more valid copy: + co. has two members: meeting minutes and decisions of the Council members about the addition, change of business lines.
+ Company: meeting minutes and decisions of the General Assembly of shareholders on the addition, change of business lines.
+ Company limited: the decision of the owners of the company about the addition, change of business lines.
+ Partnerships: meeting minutes and decisions of the Partnership members about the addition, change of business lines.
b) When receiving messages, provincial business registration office must keep a receipt form MTB-19 and awarded to the business.
c) within seven days from the date of the notice, the modified provincial business registration business registration certificate for the business form of business registration certificates for each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5, if the conditions specified in paragraph 1 article 15 of Decree 109/2004/ND-CP. 6. Registered office change of address of a business change of address) registered head office of the enterprise within the central cities, where enterprises have registered business:-the business of sending notifications to provincial business registration office where registered business enterprises under model, MTB-5.
-For the company accompanied by the notice, the company must have a more valid copy: + co. has two members: Charter, meeting minutes and decisions of the Council members about the change of address of corporate headquarters.
+ Company: Charter, meeting minutes and decisions of the General Assembly of shareholders regarding change of address of company headquarters.
+ Company limited: the Charter, decisions of the company owner about the change of address of corporate headquarters.
+ Partnerships: Charter, meeting minutes and decisions of the Partnership members about the change of address of corporate headquarters.
-When receiving messages, provincial business registration office must keep a receipt form MTB-19 and awarded to the business.
-Within a period of seven days from the date the notice is received, the modified provincial business registration business registration certificate for the business form of business registration certificates for each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5, if the conditions specified in paragraph 1 article 16 of Decree 109/2004/ND-CP b) registered address transfer business headquarters to the central cities, where enterprises have registered business:-the business of sending notifications to provincial business registration office where the business plan to the new headquarters, according to model MTB-5, accompanied by a copy of valid business registration certificate. At the same time, send a notice to the provincial business registration office where registered business enterprises.
-For the company accompanied by the notice, the company must have a more valid copy: + co. has two members: Charter, membership lists, meeting minutes and decisions of the Council members about the change of address of corporate headquarters.
+ Company: Charter, list of shareholders, meeting minutes and decisions of the General Assembly of shareholders regarding change of address of company headquarters.
+ Company limited: the Charter, decisions of the company owner about the change of address of corporate headquarters.
+ Partnerships: Charter, membership lists, meeting minutes and decisions of the Partnership members about the change of address of corporate headquarters.

-Provincial business registration office where the intended business headquarters and provincial business registration office where registered business enterprises must keep a receipt form MTB-19 and awarded to the business.
-Within a period of fifteen days from the date of receipt of the notice, the business registration office where provincial Enterprise intends to put the new Office revoked the business registration certificate of the enterprise was granted before and changed the business registration certificate for the business form of business registration certificates for each business type MG-1 , MG-2, MG-3 MG,-4,-5 MG, if company name do not match or do not cause confusion with the names of other businesses of the same type of business registered business within the province, the central city where the business moved to.
-Case company name identical or confuse with another of the same type of business name of business business registration were within the province of the central cities, where the business moved to, within seven days from the date of receipt of the notice, the business registration office where provincial Enterprise intends to put the new Office must notify businesses and business guide Choose a different name, according to the sample of MTB-17.
-Within a period of seven days from the date of re-issuance of registration certificate of business for enterprises, provincial business registration office sent the notice revoked the certificate of business registration for provincial business registration office where previously registered business for enterprises, accompanied by a copy of the business registration certificate of the new business.
7. Registration of a business name change) When the name change, the enterprise to send notice to the provincial business registration office where registered business business, samples MTB-6.
With regard to the company accompanied by the notice, the company must have a more valid copy: Ltd has two members: meeting minutes and decisions of Council members about whether to change the name of the company.
-Company: meeting minutes and decisions of the general shareholders meeting of the company's name change.
-One member company limited: the decision of the owners of the company regarding the company's name change.
-Partnerships: meeting minutes and decisions of the Partnership members about renaming the company.
b) When receiving messages, provincial business registration office must keep a receipt form MTB-19 and awarded to the business.
c) within seven days from the date of the notice, the modified provincial business registration business registration certificate for the business form of business registration certificates for each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5, if the intended name change of the business is properly set according to the provisions of point 1 , point 2 to this circular section III.
d) where the expected name change of the business being placed is not correct according to the provisions of point 1, point 2 to this circular section III, within seven days from the date of the notice, provincial business registration office must notify businesses know business guide and choose another name under model, MTB-17.
8. Registration of change of legal representative of the enterprise a) registered the change of legal representative of the limited liability company, joint-stock companies:-the company sent notifications to provincial business registration office where the company did business registration, form MTB-8. Attached to the notice, the company must have a more valid copy: + for two company members: meeting minutes and decisions of the Council members about the change of the legal representative of the company.
+ For the company shares: meeting minutes and decisions of the Board regarding the change of the legal representative of the company.
+ Company limited: the decision of the owner of the company or of the Board for the company is organized according to the model of the Board about the change of the legal representative of the company.
-The company must present original Hukou, or identity Certificate or passport of the legal representative scheduled to replace.
-The case of company business lines requiring a certificate of practice to which the representative under the law is expected to change as the only person who has a certificate of practice, then attached the notice must have more valid copy of certificate of practice of the legal representatives is expected instead.
-When receiving messages, provincial business registration office must keep a receipt form MTB-19 and awarded to the company.
-Within a period of seven days from the date of the notice, the modified provincial business registration business registration certificate to the company according to the form MG-2, MG-3 MG,-4.
b) register the change Partnership members of partnerships:-When companies receiving members, expels a member, Partnership members have withdrawn from the company, the company shall send notice to the provincial business registration office where the company did business registration under model, MTB-7. The notice must be all Partnership members; the case reported by a member of the partnership, shall accompany the notice must have the paper by Partnership members to authorize a partnership members signed this change notice. The company must present original Hukou or identity Certificate or passport of the Partnership members are welcome.
-Cases of partnerships and business lines requiring a certificate of practice, when receiving members, accompanied by the notice must have more valid copy of certificate of practice of members are welcome.
-When receiving messages, provincial business registration office must keep a receipt form MTB-19 and awarded to the company.
-Within a period of seven days from the date of the notice, the modified provincial business registration business registration certificate to the company according to the form MG-5.
9. Registered capital changes of owners of private enterprises and the company's Charter capital a) When changing the capital of private business owners and Charter capital of the company, the business of sending notifications to provincial business registration office where registered business enterprises under model, MTB-9 for private and business model MTB-10 against the company.
-For the company accompanied by the notice, the company must have more balance sheet assets of the company at the time of the decision to reduce the capital stock (in the case of capital reduction registration) and a valid copy: + for two company members: meeting minutes and decisions of the Council members about the change of capital.
+ For the company shares: meeting minutes and decisions of the general shareholders meeting on changing the Charter capital.
+ Company limited: the owner's decisions about changing the company charter capital.
+ Partnerships: meeting minutes and decisions of the Partnership members about the change of capital.
-The case of the business lines must have capital, capital reduction registration for private business or capital reduction for the company, the registered capital levels after dropping is not lower than the level of capital apply to the lines.
b) When receiving messages, provincial business registration office must keep a receipt form MTB-19 and awarded to the business.
c) within seven days from the date of the notice, the modified provincial business registration business registration certificate for the business form of business registration certificates for each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5.
10. Register change company membership has two members, member companies capital contribution

a) When there are two company members receive membership, companies receiving capital contribution members that do not alter the type of company, the company shall send notice to the provincial business registration office where registered business business, samples MTB-11. 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 certificate of membership was received into the company, present the original Hukou or identity Certificate or passport of the receiving Member; 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.
b) When there are two company members membership changes due to the transfer of shares, partnerships change members, which is due to transfer of shares, the company shall send notice to the provincial business registration office where registered business business, samples MTB-12. Notice must be attached to the contract of assignment and the papers attest has completed the assignment, confirmation of the company; present the original Hukou or identity Certificate or passport of the new members.
c) When members change co., Ltd. due to inheritance, partnerships change the capital contribution by the members, then the company sent notifications to provincial business registration office where registered business business, samples MTB-13. The notice must be accompanied by a copy of the papers attest inheritance; present the original Hukou or identity Certificate or passport of the inherited members.
d) When receiving the notification of the cases stipulated in the a, b and c at this point, provincial business registration office must keep a receipt form MTB-19 and awarded to the company.
DD) within seven days from the date of the notice, the modified provincial business registration business registration certificate to the company according to the form MG-2, MG-5.
11. Registration of a company split) company business registration application specified in point 1 section I of this circular to the provincial business registration office where the company registered the business. Attached to the profile, the company must have decided to divide the company, minutes of meeting of Board members for the Company Ltd. has two members, of the General Assembly of shareholders for the company.
b) When receiving a company's profile, provincial business registration office must keep a receipt form MTB-19 and awarded to the company.
c) within a period of fifteen days from the date of the profile, provincial business registration office certificate of business registration for the split form MG-2, MG-3, if the name of the company was subdivided into is properly set according to the provisions of point 1, point 2 to this circular section III.
d) where the name of the company was divided was set not in accordance with the provisions of point 1, point 2 to this circular section III, within seven days from the date of the business registration profile, provincial business registration office must inform the company know and guide companies to choose another name under model, MTB-17.
DD) provincial business registration office must revoke the certificate of registration of the company's business was divided after the certificate of business registration for the split.
e) for companies with a branch, Representative Office, the company must notify the business registration office where provincial branches, representative offices to supplement the registration records of the branch, Representative Office.
g) On business registration certificate issued to the company are divided on record, certificate of business registration is the day had issued a certificate of business registration for the company being divided and on the modified level record is on the certificate of business registration for the company was divided.
12. Registration of a company) the company business registration application specified in point 1 section I of this circular to the provincial business registration office where the company registered the business. Attached to the profile, the company must have decided to split the company, minutes of meeting of Board members for the Company Ltd. has two members, of the General Assembly of shareholders for the company.
b) When receiving a company's profile, provincial business registration office must keep a receipt form MTB-19 and awarded to the company.
c) within a period of fifteen days from the date of the business registration office record level the change of business registration certificate for the company were split; the new level of business registration certificate for the company to be split if the name of the company to be split is properly set according to the provisions of point 1, point 2 to this circular section III.
d) where the name of the company was split after split is placed is not correct according to the provisions of point 1, point 2 to this circular section III, within seven days from the date of the business registration profile, provincial business registration office must inform the company know and guide companies to choose another name under model, MTB-17.
13. the best a company registration) the company business registration application specified in point 1 section I of this circular to the provincial business registration office where the company intended to merge. Attached profile, companies must have contracts for the company, the meeting minutes of the Board members for the Company Ltd. has two members, of the General Assembly of shareholders for the company.
b) When receiving a company's profile, provincial business registration office must keep a receipt form MTB-19 and awarded to the company.
c) within a period of fifteen days from the date of the profile, provincial business registration office-level change business registration certificate to the company if the name of the company was incorporated under the provisions of point 1, point 2 to this circular section III.
d) where the name of the merged company, to be set incorrectly as specified in point 1, point 2 to this circular section III, within seven days from the date of the business registration profile, provincial business registration office must inform the company know and guide companies to choose another name under model, MTB-17.
DD) provincial business registration office must revoke the certificate of registration of the company's business was incorporated after the certificate of business registration for the company. The case of the company being incorporated is headquartered in the central city, where the company has its head office, incorporated the best company to pay back the business registration certificate of the company being incorporated for the provincial business registration office which has issued a certificate of business registration for the company being merged.
e) against the company being merged has a branch, Representative Office, the company incorporated to notify the business registration office where provincial branches, representative offices and where the best companies to supplement the registration documents of branches, representative offices and company incorporated.
g) On business registration certificate issued to the company incorporated on record certificate of business registration is the day had issued a certificate of business registration early for the company to be incorporated and recorded on the level change is on the certificate of registration of business for the company.
14. Registration of a merger) the company business registration application specified in point 1 section I of this circular to the provincial business registration office where the merged company has its headquarters. Attached to the profile, the company must have a contract of merger, the minutes of the meeting of the Board members for the Company Ltd. has two members, of the General Assembly of shareholders for the company.
b) When receiving a company's profile, provincial business registration office must keep a receipt form MTB-19 and awarded to the company.

c) within seven days from the date of the business registration office record level the change of business registration certificate for the merged company.
d) provincial business registration office must revoke the certificate of registration of the company's business was incorporated after the certificate of business registration for the merged company. Cases merged companies have headquarters in the city, other centrally where merged company is headquartered, the merged company must return it to the business registration certificate of the company being merged for provincial business registration office which has issued a certificate of business registration for the merged company.
DD) for the merged company has branches and representative offices, the company received a merger must notify the business registration office where provincial branches, representative offices and where companies get merged to supplement the registration documents of branches, representative offices and merged their companies.
15. registration switch co., Ltd has two members into the company and a joint-stock) companies send business registration records specified in point 1 section I of this circular to the provincial business registration office. Attached to the profile, the company must have decided to transform the company, minutes of meeting of Board members for the Company Ltd. has two members, of the General Assembly of shareholders for the company.
b) When receiving a company's profile, provincial business registration office must keep a receipt form MTB-19 and awarded to the company.
c) within a period of fifteen days from the date of the profile, provincial business registration office certificate of business registration for companies, if the name of the company switch is properly set according to the provisions of point 1, point 2 to this circular section III.
d) where the name of the company switch not set correctly according to the provisions of point 1, point 2 to this circular section III, within seven days from the date of the business registration profile, provincial business registration office must inform the company know and guide companies to choose another name under model, MTB-17.
DD) provincial business registration office must revoke the certificate of registration of the company's business was transformed after the certificate of business registration for companies.
e) against the company be converted has branches, offices, companies must notify the business registration office where provincial branches, representative offices and companies to supplement the registration documents of branches, representative offices and the company's conversion.
16. switch register a limited company the limited company members have two members over a) within a period of fifteen days from the date of the transfer, the company sent the business registration profile specified in point 1 section I of this circular to the provincial business registration office. Attached to the profile, the company must have a company transfer.
b) When receiving a company's profile, provincial business registration office must keep a receipt form MTB-19 and awarded to the company.
c) within a period of fifteen days from the date of the business registration office records issued the certificate of business registration for companies, if the name of the company switch is properly set according to the provisions of point 1, point 2 to this circular section III.
d) where the name of the company switch not set correctly according to the provisions of point 1, point 2 to this circular section III, within seven days from the date of the business registration profile, provincial business registration office must inform the company know and guide companies to choose another name under model, MTB-17.
DD) provincial business registration office must revoke the certificate of registration of a member after the certificate of business registration for two company members.
e) for a member company has a branch, Representative Office, after the conversion, there are two members must notify the business registration office where provincial branches, representative offices and where there are two company members to supplement the registration records of the branch Representative Office, and of two members.
17. The register convert the company into a limited private enterprise a) within a period of fifteen days from the date of the assignment, the assignee sends business registration records specified in point 1 section I of this circular to the provincial business registration office. The enclosed record, must have a contract assignment.
b) When receiving records of private enterprise, provincial business registration office must keep a receipt form MTB-19 and given to private enterprise.
c) within a period of fifteen days from the date of the business registration office records issued the certificate of business registration for private enterprise, if the name of the private enterprises are set correctly according to the provisions of point 1, point 2 to this circular section III.
d) where the name of the private enterprise was not set correctly according to the provisions of point 1, point 2 to this circular section III, within seven days from the date of the business registration profile, provincial business registration office must inform the private business to know and guide private enterprise select a different name under model, MTB-17.
DD) provincial business registration office must revoke the certificate of registration of a member after the certificate of business registration for private business.
e) for a member company has a branch, Representative Office, after conversion, private business must notify the business registration office where provincial branches, representative offices and where private enterprise has its headquarters to supplement the registration records of the branch Representative Office, and of private enterprise.
18. Notice suspend business a) before inactivation at least fifteen business days, send a notice to the provincial business registration office where business has to register the business and tax authorities, under model MTB-14.
With regard to the company accompanied by the notice, the company must present valid copy:-for the Company Ltd. has two members: meeting minutes and decisions of the Board of Directors of the company to suspend operations.
-For the company shares: meeting minutes and decisions of the Board of the company to suspend operations.
-One member company limited: the decision of the owners of the company regarding the company to temporarily stop functioning.
-Partnerships: decisions and the minutes of the meeting of the members of the partnership the company suspended operation.
b) When receiving messages, provincial business registration office must keep a receipt form MTB-19 and awarded to the business.
19. Again the business registration certificate a) sublicense the business registration certificate in case of loss of the business registration certificate.
The loss of the business registration certificate, business must declare to the police where the lost certificate of business registration, business registration office which has issued a certificate of business registration and report on mass media three times in a row.
After thirty days from the date of the notice, if the business can't find a business registration certificate has been lost, then the recommended enterprise level business registration office where the province has issued a certificate of business registration levels back to the business registration certificate for the business. Recommended records reissued certificate of business registration, including:-application level business registration certificate;
-Confirmation of the police of the loss to the business registration certificate of the enterprise;

-Receipt of newspapers, tv station about getting posted notice of the business registration certificate of lost business or the newspaper has posted this message.
b) levels back to the business registration certificate in the case of ragged, torn, ... Business registration certificate.
The case of the business registration certificate being torn, ragged ... business, redo the procedure for reissuing the certificate of business registration. Recommended records reissued certificate of business registration, including:-application level business registration certificate;
-Original business registration certificate torn, ragged ... c) When receiving records of business in cases stated in the a, b, provincial business registration office must keep a receipt form MTB-19 and awarded to the business.
Within five days from the date of the profile, provincial business registration office level business registration certificate for the business in the form of certificates of registration of each business type MG-1, MG-2 MG, 3 MG,-4,-MG-5. Of the business registration certificate number is again stated in the certificate of registration has been lost, or torn, ragged ... and in business registration certificate stating the level once again.
d) the grant of back registration certificate works for a branch, representative office in case of loss; torn, ragged, ... apply as defined in the properties a, b of this point.
20. Change of the business registration certificate has been granted under the law on private enterprises, law firms a) return business business registration certificate is granted according to the law on private enterprises, law firms to be granted a certificate of registration of business with the business registration number, as prescribed in this circular , in the following cases:-businesses take the seal;
-Corporate name change;
-Head Office moved to the Business Department, other city;
-Voluntary changed business business registration certificate.
b) On business registration certificate level again on record certificate of business registration and first day certificate of business registration level again.
21. Notice and keep the content a business registration) within seven days from the date of certificate of business registration, business registration certificate, certificate re-issuance of business registration, revocation of business registration certificate of the enterprise, provincial business registration office sent a copy of business registration certificate , the modified copy of the business registration certificate, a copy of the business registration certificate of the level again, announcing the revocation of business registration certificate to the Ministry of planning and investment, the tax authorities, the statistical agency, the agency manages the technical-economic sectors at the same level, the business registration office at district level where the enterprises are located.
b) after the certificate of business registration, business registration certificate, certificate re-issuance of business registration, revocation of business registration certificates, the notice of suspension of operation of the business..., provincial business registration office record the content of business registration of business on the business register kept at the business registration office.
c) regulations regarding notification and retention of information in the a, b this point also applies to the certificate of registration of the representative office, branch.
d) periodically into the second week of every month, provincial business registration office reporting business registration of the situation last month in the form BC-1 and sent to the Ministry of planning and investment. The case of the provincial business registration office has Internet connection, then before writing the report, can use electronic mail (Email) to send a report via e-mail address bic@business.gov.vn of the Ministry of planning and investment.
DD) with respect to the business registration office of the province has been networking with business information center, in addition to the implementation of the regulation in the a, b, c and d at this point, after the certificate of business registration, business registration office is responsible for data communication of business information center (Bureau of small and medium enterprises development).
II. BUSINESS REGISTRATION For INDIVIDUAL BUSINESS HOUSEHOLDS 1. The order, business registration procedure a) individual or representative households to apply individual business households and business to business register at district level where the business location, according to the model MĐ-6. For wholesale business, household and business mobility in the area of district level must then choose a fixed place of business such as where to register a registered permanent residence, place of registration, place of staying put on the location for the purchase transaction.
Individual or household representative when filing of business registration must present original Hukou or identity Certificate or passport of the registered business name.
Business case the lines requires a certificate of practice, then attached to have more valid copy of certificate of practice of individual or household representative.
b) When receiving the business application, the registry-level business must keep a receipt form MTB-20 and given to the applicant.
c) within seven days from the date of receipt of the application, the business register at district level where the business location of households individual business certificate of business registration for individual business households form MG-6, if the conditions specified in paragraph 2, paragraph 3 Article 26 of Decree No. 105/2004/ND-CP. The registry-level business Paper of record the business registration certificate of the individual business households as defined as follows:-the Code, the central cities: 2 characters.
-County code, County, town, city in the province of: 1 character.
  (Annex I attached to this circular)-code type: 1 character, 8 = individual business households.
-Number of households individual business: 6 characters, from 000001 to 999999.
An example of a record of the business registration certificate of the individual business households:-individual business households have business locations in hoan Kiem district, Hanoi City, business registration certificate number is recorded as follows: 01C8000002 (business registration certificate issued to the second individual business households in the district , Hanoi).
d) where not enough papers according to the provisions in detail a point, or that the content is not enough stubs, or name of individual business households own coincides with the name of the individual business households have registered to do business in the same locality, County, district, within five days from receipt of The business registration agency, district level must clearly inform the contents require modification, supplements and how to modify, complement the business registration, form MTB-18.
2. the business lines stated in the certificate of business registration business lines stated in the certificate of business registration of individual business households follow the provisions in point 2 section I of this circular.
3. Register the content change of business registration a) When changing the content of business registration, individual business households to send notifications to the registry business district level where individual business households have registered, according to the sample of MTB-15.
The case moved on business lines requiring a certificate of practice, then attached the notice must have more valid copy of certificate of practice of individual or household representative.
b) When receiving the notification, the registration agency-level business must keep a receipt form MTB-20 and given to the individual business households.
c) within a period of five days from the date of the notice, the business register at district level where individual business households registered the change of business registration certificate for the individual business households form MG-6.

d) case moved into other districts, individual business households to send notifications to the registry business district level where individual business households have registered, according to the sample of MTB-15. At the same time send this notice to the business register at district level where individual business households intended to put the new business location, attach a copy of valid business registration certificate.
-Business register at district level where individual business households have registered and the registry-level business where individual business households intend to set new business locations must keep a receipt form MTB-20 and given to the individual business households.
-Within a period of five days from the date of receipt of the notice, the business register at district level where individual business households intend to set new business locations to revoke the business registration certificate of the individual business households was granted before and changed the business registration certificate for the individual business households form MG-6 If the name of the individual business households do not coincide with the names of individual business households have registered to do business in the same locality, districts where the business moved to individual households.
-The case of the name of the individual business households own coincides with the name of other individual business households have registered to do business in the same locality, districts where individual business households moved to, within a period of five days from the date of receipt of the notice, the business register at district level where individual business households intend to set new business locations must inform the medium entrepreneurial individuals know and guide individual business households choose another name, form MTB-18.
-Within a period of five days from the date of re-issuance of certificates of registration for individual business households, business registration agency districts send the notice revoked the certificate of business registration agency for business registration at district level where individual business households previously had registered business.
4. Change the business registration certificate has been issued before, refresh the business registration certificate of business registration as prescribed in this circular a) from the date of this circular in force up to December 31, 2004, the registry business districts to encourage and create favorable conditions for the individual business households was granted a business license under the provisions of Decree No. 66, dated 2 March 1992 or be issued a certificate of business registration as specified in circular No. 3/2000/TT-BKH, on 2 March 2000, to return registration certificate of registration of business with the business registration number of the provisions of this circular.
b) from 1 January 2005, the business registration agency district level using the business registration certificate of registration prescribed in this circular to give back the business registration certificate for the individual business households was granted a business license under the provisions of Decree No. 66, dated 2 March 1992 or was certificate of business registration as specified in circular No. 3/2000/TT-BKH, on 2 March 2000.
c) on the level of business registration on the certificate of business registration level again just on record levels of business registration of the business registration certificate of the old, just on record level again.
5. individual business households notice suspend the business a) case 30-day business suspension over, individual business households send notification form MTB-16 to the business register at district level where individual business households have signed up.
b) When receiving the notification, the registration agency-level business must keep a receipt form MTB-20 and given to the individual business households.
6. reporting and retention of content a business registration) within seven days from the date of certificate of business registration, business registration certificate, certificate re-issuance of business registration, revocation of business registration certificate of the individual business households The business registration agency, districts must submit a copy of the business registration certificate, a modified copy of the business registration certificate, a copy of the business registration certificate of the level again, announcing the revocation of business registration certificate for the tax authorities at the same level.
b) after the certificate of business registration, business registration certificate, certificate re-issuance of business registration, revocation of business registration certificates, the notice of suspension of business, ... The registry-level trading credited the contents of business registration of individual business households on the business register kept at the business registration agency.
c) periodically on the first week of every month, the business registration agency districts reporting the business registration of the situation last month in the district, according to model BC-2 and posted on provincial business registration office. The case agency-level business registration have Internet connection, then before writing the report, can use electronic mail (Email) to send a quick report on provincial business registration office.
III. BUSINESS NAME 1. Business name are set in accordance with paragraph 1 article 24 business law and article 7, article 8, article 9 and article 10 of Decree 109/2004/ND-CP and the provisions of relevant laws.
2. In addition to the provisions of point 1 of this Section, in order to limit the ability to cause infection, wrong company name, when naming the business needs to ensure the following requirements: a) businesses can use to structure business lines the company name, if the business registration business lines. When changing registration business lines were used to structure the business name, the business must register the change of name.
b) If company name using the element has properties that describe the quality of the product, the service must be state regulators about product quality certification.
c) company name not be infection or cause confusion with the names of other businesses of the same type of business has no business registration including registered business enterprise but has recovered but the business registration certificate.
d) business name must be written in Vietnamese and can write more by one or several foreign languages under the Vietnamese names with small letters than the gauge.
DD) The following cases are considered to be confused with the name of the other business:-the name by Vietnamese of the business require registration to read the same as the registered business name.
-Name by Vietnamese of the business require registration only other business name registered by the symbol "&".
-Abbreviation of business registration requirements coincide with the abbreviated name of the registered business.
-Name in a foreign language of business registration requirements coincide with the foreign name of the registered business. 
-The name of the business to other registration requirements with the business name registered by a natural number, order number or Vietnamese letters immediately following the name of that business, except the business registration requirements is the business of the registered business. For example, the company built A thang Long confused with construction joint stock company (registered business), except in the case of joint stock companies to build Thăng Long A is the business of company building.
-The name of the business registration requirements other than the name of the business was registered by the word "Tan" right before, or "new" right after the registered business name. Similar to the case of "old" and "old", "black" and "black", "white" and "white", ....

-The name of the business require registration only other registered business name by the words "North", "North", "South", "South", "middle", "Central", "East", "West", "East", "East", "West", "Western", "North-East", "Eastern North", "South-East", "South-East", "South Central", "South Central", "the coast", "coastal" , ... unless the business registration requirements is the business of the registered business.
3. Name the company shares from the holdings of the State company: before deciding to name the company from equitizing State-owned companies, State companies refer to the name of the company is active, currently kept in the provincial business registration office where the intended capitalization company headquartered in order to avoid overlap and cause confusion with the names other corporation registered the business.
4. where necessary to review, reply to business name registration business, provincial business registration office sent dispatches to the Department of culture and information, Department of science and technology, Vietnam Academy of social sciences (unit has the function of research on language learning) according to model MTB-21 to get comments on the company name. Company name in this case is reviewed on the basis of the set of comments on the bodies and provincial business registration office, are decided by majority; case comments about company name not resolved by majority, shall be considered and decided by the comments of the Vietnam Academy of social sciences. Provincial business registration office is responsible for General and kept comments about the Agency's business name. The case does not agree with the comments about the company name because the Agency replied, enterprises have 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.
5. The business registration business before Decree 109/2004/ND-CP dated effect, duplicate name, and the name causes confusion with other business name not being forced to register the change of name. Provincial business registration office to encourage and create favorable conditions for enterprises to have duplicate name and business name confusion himself to negotiate with each other to register business name changes.
IV. terms of the IMPLEMENTATION of this circular replaces circular No. 8/2002/TT-BKH on November 23, 2001 of the Ministry of planning and investment and is enforceable after fifteen days from the date the report.
In the process, if there are obstacles to timely reflect the recommendation of the Ministry of planning and investment to study, modify, Supplement.