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Circular 3/2000/tt-Bkhđt: Guidelines, Business Registration Procedures As Stipulated In Decree No. 02/2000/nd-Cp Dated 3 February 2000 From The Government About Business Registration

Original Language Title: Thông tư 03/2000/TT-BKHĐT: Hướng dẫn trình tự, thủ tục đăng ký kinh doanh theo quy định tại Nghị định số 02/2000/NĐ-CP ngày 3 tháng 2 năm 2000 của Chính phủ về đăng ký kinh doanh

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CIRCULAR guidelines, business registration procedures according to quyđịnh in Decree No. 02/2000/ND-CP dated 3 February 2000 from the Government about business registration _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ doing 24, Decree No. 02/2000/ND-CP on 3 February năm2000 of Government on business registration, Ministry of planning and investment guide cụthể some things about the sequence business registration procedures, for business, business registration for individual business households defined in this Decree vàcác paper form used in business registration, as follows: i. POSTED BUSINESS KÝKINH for BUSINESS OPERATING UNDER the ENTERPRISE LAW 1. Business registration records a) for private business: business Đơnđăng, according to the model MĐ-1.
b) for a limited liability company (LTD) has two members: business Đơnđăng, form MĐ-2.
The company Điềulệ, with content as defined in item 2 article 10 of the Decree số03/2000/ND-CP dated 3 February 2000 the Government passed mộtsố thing of business law.
Run iNAND members, under model MDS-1.
c) to joint stock companies: business Đơnđăng, form MĐ-3.
The company Điềulệ, with content as defined in paragraph 3 article 10, Decree số03/2000/ND-CP dated 3 February 2000 the Government passed mộtsố thing of business law.
Run iNAND founders, under model MDS-2.
d) for limited company: Đơnđăng business, according to the model MĐ-4.
The company Điềulệ, with content as defined in item 2 article 10 of the Decree số03/2000/ND-CP dated 3 February 2000 the Government passed mộtsố thing of business law.
DD) for companies: business Đơnđăng, form MĐ-5.
The company Điềulệ, with content as specified in clause 4 Article 10, Decree số03/2000/ND-CP dated 3 February 2000 the Government passed mộtsố thing of business law.
Run iNAND members, under model MDS-3.
2. business registration records for business nhữngngành, the profession must have capital, must have a practice certificate) for the business lines must have the capital, the kèmtheo business registration records prescribed in clause 1 of this Section to have more xácnhận by the competent authorities confirming legal capital is determined by the quyđịnh of the law Ordinance and Decree on capital or chỉhợp France demonstrated on the capital side of the business.
b) for business lines must have the certificate of practice quyđịnh in paragraph 2 article 6 of Decree 3/2000/ND-CP, the attached profile kýkinh post business prescribed in clause 1 of this Section to have more valid proof copy of the profession: chỉhành Chủdoanh private or business management Director , for business tưnhân.
Mộttrong the number of the members of the Board members, or one of the thànhviên 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 quyđịnh, for the limited liability company has two members.
Mộttrong of the Board members or directors (General Director), or one of the other key management positions due to the Charter company quyđịnh, for the company.
Mộttrong number of members of the Board, or the President of the company, or Giámđốc (General Manager), or one of the other important management titles doĐiều company rate regulation, for member company.
All Partnership members, for partnerships.
3. business lines recorded in the register of business lines section Ngoàidanh prohibits business prescribed in article 3 of the Decree số03/2000/ND-CP, the business lines stated in the register of business as follows: a) for lines that follow the law, Ordinance, Decree doanhphải economic condition, or have legal capital , or certificate of practice, thìngành, business lines are recorded according to the lines of the provisions in the Act, pháplệnh, that Decree.
b) with respect to the other business lines, then write in national economy attached to GSO/143-decision on 22 February PPCĐ 1993của General Director of Statistics Office.
c) for those lines of business registration business but not yet quyđịnh in the above list, the business registration office in Exchange for cơquan management đểghi relevant lines of business doanhtrong business registration certificate of the enterprise.
Business Phòngđăng announced the names of business lines for The Kếhoạch and investments, the General Statistics Office.
4. Order of business registration procedure a) Who established businesses established and filed a record of business registration quyđịnh for each kind of business referred to in paragraph 1, item 2 of this Section in Phòngđăng signed the provincial business where business is headquartered.
Ngườithành created the business can delivered to his representative filing business đăngký business registration at the provincial level.
b) When receiving the business registration profile, provincial business registration office phảighi receipt form MTB-8 and given to the applicants.
c) within a period of fifteen days from the date of receipt, registration doanhcấp the certificate of business registration for the establishment, in the form of business registration certificates of each type in the MG-1, MG-2 MG, 3 MG, 4 MG,-5,-if enough of the conditions stipulated in article 8 of Decree khoản3 02/2000/ND-CP Phòngđăng record number of provincial business registration certificate register your business in consists of ten digits, as defined as follows: Haichữ of the code, where the first certificate of business registration, according to mãtỉnh, a city centrally attached to this circular.
Haichữ the next number is the item type of the business. Private business, code 1; Limited liability company 2 members, code 2; Mã03, joint-stock company; Limited liability company a member, code 4; Partnerships, code 05.
Sáuchữ the rest is of the order of business of business registration in the thànhphố, centrally provided for each type of business.
d) where there is not enough paper records as defined in paragraph 1, item 2 Mụcnày, or there is not enough stubs, not content between papers in hồsơ; or company name identical or confuse with kháccùng business name business type of business registered in the province, on the same thànhphố centrally; or the name of the business does not guarantee the địnhtại of points b, c, d paragraph 1 article 24 business law, then in the bảyngày period from the date of receipt, provincial business registration to báorõ content requires amendments, supplements and how to modify the additional profile, business đăngký for business founder under model, MTB-7.
5. Registration of branch, Representative Office) registered a branch, representative office based in the central city of trựcthuộc, where the enterprises are located: In send a message to provincial business registration office where đãđăng business business, samples MTB-1 to sign up affiliates MTB-2 model, đăngký to set up a representative office.
Khitiếp reports, provincial business registration office must record the nhậntheo border Paper model MTB-8 and given to the business.
Trongthời limit for seven days from the date of the notice, cấptỉnh business registration office certificate of registration for branch, according to the form MG-7; cấpGiấy certificate of registration for branch offices, according to the form MG-8, if cóđủ the conditions specified in paragraph 1 and paragraph 3 article 9 of the Decree số02/2000/ND-CP b) registration of establishment of branches and representative offices in the province, in ươngkhác city where corporate headquarters:

In sending the notice to the provincial business registration office headquarters củachi branches, representative offices, according to model MTB-1 to sign up affiliates, mẫuMTB-2 to register the establishment of the representative office; along with the notice must get more bảnsao valid business registration certificate of the enterprise and the Charter company hợplệ copy for limited companies, joint stock companies, partnerships.
Khitiếp reports, provincial business registration office headquarters of chinhánh, representative office must keep a receipt form MTB-8 and given chodoanh.
Trongthời limit for seven days from the date of the notice, the business registration office cấptỉnh headquarters, branch offices of enterprise-level Giấychứng with registration activities for the branch, under the form MG-7; nhậnđăng registration license works for offices, according to the form MG-8, if there are enough điềukiện the provisions of paragraph 1, paragraph 2 and paragraph 3 article 9 of the Decree số02/2000/ND-CP Trongthời-term seven days from the date of being granted a certificate of registration củachi branches, representative offices, businesses send notice to provincial sales kýkinh post Rooms where business has of business registration MTB-3 form, đểbổ, sung business registration records and recorded on the certificate of registration of enterprise conscientiously.
c) When changing the address of the Branch Office, Representative Office, gửithông business report to the provincial business registration office where registered business dealing, according to the model-3 to be recorded in the MTB component registration change trongGiấy business registration certificate of the enterprise; at the same time gửithông business report to the provincial business registration office headquarters branch, representative vănphòng to be issued new certificates of registration for branch, representative office or recorded on the certificate of registration of changes in registration of Giấychứng branch , Representative Office.
d) upon the termination of the operations of a branch, Representative Office, gửithông business report to the provincial business registration office headquarters branch, vănphòng representation, to revoke the certificate of registration of the branch, this representative vănphòng; at the same time send a message to cấptỉnh business registration office where business is headquartered, to record in the section registered variations upon load of the business registration certificate of the enterprise.
DD) business case set up branches, representative offices abroad, thìtrong the time limit of fifteen days from the date of the official opening of the Branch Office, đạidiện business, send notice to the provincial business registration office registered business nơidoanh business, to supplement the business registration profile and ghivào business registration certificate of the enterprise.
Khithay change of address or terminate operations of a branch, representative office in nướcngoài, the enterprise to send a message to the business registration office registered industrial nơidoanh province-level business, to write to the registration section instead of đổitrong the business registration certificate of the enterprise.
6. additional registration, change of business lines.
a) When additions, changing lines of business, business communication business registration đếnPhòng granted the province where the registered business enterprise, theomẫu MTB-3.
Nếungành, additional registration profession's lines must have capital, then to cóthêm confirm the Agency's verification authority capital is địnhtheo the provisions of laws and ordinances and decrees and regulations on capital hoặcchứng legally prove about the amount of capital of the business.
Nếungành, additional registration profession's lines must have the certificate of practice, thìphải have to add valid copy of certificate of practice prescribed for each type of industrial hìnhdoanh referred to in point b of paragraph 2 of this Section.
b) When receiving messages, provincial business registration office must keep in Paper form biênnhận MTB-8 and given to the business.
c) within seven days from the date of the notice, the registration office dealing in province level recorded on the certificate of registration of changes in the business nhậnđăng certificate granted for business, if there is sufficient địnhtại the conditions paragraph 1 article 10 of Decree 2/2000/ND-CP.
7. Registered Office change of address of the business.
a change of address) registered head office of the enterprise within the central cities, where enterprises have registered In business: send notifications to provincial business registration office where đãđăng business business, samples MTB-3.
Khitiếp reports, provincial business registration office must record the nhậntheo border Paper model MTB-8 and given to the business.
Trongthời term of seven days from the date of receipt of the notice, the business registration office change of address tỉnhghi level to the registration of change in business nhậnđăng certificate of the enterprise, if there are enough provisions in khoản1 conditions, article 11 of Decree 2/2000/ND-CP.
b) registered address of head office transferred the business to the other Central trựcthuộc city, where business has registered business: In sending notifications to provincial business registration office where đãđăng business business, samples MTB-3. At the same time, send a message to kýkinh post Rooms provincial business where the business plan to the new headquarters, accompanied by Articles lệcông and list of members with regard to limited companies have from two trởlên members, list shareholders with regard to joint stock companies, list of viênhợp list for partnerships.
Provincial business registration Phòngđăng where registered business Phòngđăng business and provincial business registration where the intended business headquarters to new form receipt ghiGiấy MTB-8 and given to the business.
Trongthời limit of fifteen days from the date of receipt of the notice, cấptỉnh business registration office where the business intends to put the new office dealing in registration certificates for business, if the company name is not identical or confuse other business vớitên business trongphạm business registered the behavior the central cities, where the business moved to.
Trườnghợp business name identical or confuse with other business name cùngloại figure registered business enterprises within the province of the Central trựcthuộc city, where the business moved to, within seven days, on kểtừ reports, provincial business registration office where dựđịnh business new headquarters must notify businesses know and guide in choosing another name under model, MTB-7.
Trongthời limit for seven days from the date of re-issuance of certificates of registration of business, the business must submit a copy of valid business registration certificate for this vànộp back business registration certificate has been issued previously for the provincial trading đăngký Rooms where previously registered business enterprises.
8. Registration of a business name change) When the name change, the enterprise to send a message to the business registration office issued tỉnhnơi registered business business, samples MTB-3.
b) When receiving messages, provincial business registration office must keep in Paper form biênnhận MTB-8 and given to the business.
c) within seven days from the date of the notice, the registration office dealing in province level recorded on the certificate of registration of changes in the business nhậnđăng certificate of business, if the expected change of business name nghiệpkhông coincide or not cause confusion with other businesses of the same type name hìnhdoanh enterprises have registered to do business in the same province trựcthuộc, central city, and to ensure the provisions in points b, c, d paragraph 1 article 24 LuậtDoanh career.

d) where the expected name change of the business coincide or confuse other business vớitên business trongphạm business vi signed the city, centrally planned, or the name of the non-guaranteed in the provisions in points b, c, d paragraph 1 article 24 of law In then, within seven days from the date of the notice, đăngký province-level business must notify businesses know and guide in choosing another name, form MTB-7.
9. Registration of change of legal representative of the enterprise.
a) registered the change of legal representative of the company, cổphần co., Ltd.:. sending notifications to the provincial business registration office where the company has posted kýkinh, under model MTB-3.
Trườnghợp company business lines requiring professional màngười legal representative scheduled to change is the only person who has evidence of this profession, the chỉhành attached to the notice to be more valid proof copy chỉhành's legal representative scheduled to replace.
Khitiếp reports, provincial business registration office must record the nhậntheo border Paper model MTB-8 and given to the company.
Trongthời limit for seven days from the date of the notice, the business registration office cấptỉnh record in the section registered changes in the kýkinh business license of the company.
b) register the change Partnership members of partnerships: partnerships Khicông receiving members, expels a member, Partnership members have withdrawn from the company, then the company sent notifications to registered Phòngđăng provincial level where the company did business registration, form MTB-3.
Trườnghợp partnerships business lines must have the certificate of practice, khitiếp receiver for members, accompanied by the notice must have more appropriate copy of practice only lệchứng members are welcome.
Khitiếp reports, provincial business registration office must record the nhậntheo border Paper model MTB-8 and given to the company.
Trongthời limit for seven days from the date of the notice, the business registration office cấptỉnh record in the section registered changes in the kýkinh business license of the company.
10. Registration of change capital of private business owners and vốnđiều of the company a) When changing the capital of private business owners and Charter capital of business. send a message to the business registration office in place provincially registered business, form MTB-3.
Trườnghợp business lines must have capital, when registered investment giảmvốn for private business or capital reduction for the company, the registered capital levels after falling not lower capital pressure dụngđối industry.
b) When receiving messages, provincial business registration office must keep in Paper form biênnhận MTB-8 and given to the business.
c) within seven days from the date of the notice, the registration office dealing in provincial record in the section registered changes in the nhậnđăng certificate of business registration of the business.
11. Registration of changes to company members have two members, trởlên members, which Khicông Ltd companies have two or more membership changes that don't make variations upon load type of company partnerships, membership changes, which then send a message to companies. The room where the provincial business registration business has đăngký business under model, MTB-3.
Khitiếp reports, provincial business registration office must record the nhậntheo border Paper model MTB-8 and given to the company.
Trongthời limit for seven days from the date of the notice, the business registration office cấptỉnh record in the section registered change in license kýkinh your business.
12. Notice of temporary business ceased operations Before inactivation at least fifteen business days, notify the business registration đếnPhòng granted the province where the registered business and cơquan business taxation, under model MTB-4.
Khitiếp notice is received, the business registration office must record the receipt according to the mẫuMTB-8 and given to the business.
13. reporting and retention of business registration Trongthời content limit of seven days from the date of certificate of business registration, business registration changes chứngnhận, revoke the certificate of registration of enterprise conscientiously, provincial business registration office must send the paper copy of the business registration chứngnhận change certificate, business registration, notice thuhồi business registration certificate to the Ministry of planning and investment, the tax authorities, the statistical agency, the agency managing the engineering industry the same level đăngký-level trading Rooms, where business is headquartered.
Saukhi certificate of business registration, registration changes, importing certificates, revocation of business registration certificate, received notice of the business functioning tạmngừng..., provincial business registration office ghinhững business registration content of the enterprise in the register of business lưugiữ in the business registration office.
II. BUSINESS REGISTRATION For INDIVIDUAL BUSINESS HOUSEHOLDS 1. The order, business registration procedure a) individuals or representatives of households filing of business registration, importing individual households to the business registration office at district level where trading venues, according to the model MĐ-6.
Trườnghợp business lines requiring a certificate of practice, then kèmtheo should have more valid copy of certificate of practice of ngườiđại or an individual households.
b) When receiving the business application, the business registration office at district level phảighi receipt form MTB-8 and given to the applicant.
c) within seven days from the date of receipt, cấphuyện business registration office where the business location of households and business license nhậnđăng individuals registered for individual business households form MG-6, if there is sufficient điềukiện the provisions in paragraph 3 article 19 of Decree 2/2000/ND-CP. d) where not enough paperwork as defined in point a of this paragraph , or nộidung not enough stubs, or name of individual business households own coincides with the name of riêngcủa individual business households have registered to do business in the same district, the County, within five days from the date of receipt, registration doanhcấp the district must clearly inform the contents require modification supplements and how sửađổi, Supplement for people of business registration, form MTB-7.
2. business lines recorded in the business register of business lines recorded in the register of business of individual business households of food hiệntheo the provisions in paragraph 3 section I of this circular.
3. Register the content change of business registration a) When changing the content of business registration, individual business households send báođến the business registration office at district level where individual business households have registered, according to the sample of MTB-5.
Trườnghợp move to the business lines requiring a certificate of practice, then attached the notice must have more valid copy of certificate of practice of cánhân or the representative household.
b) When receiving the notice, the business registration office at district level to keep in Paper form biênnhận MTB-8 and given to the individual business households.
c) within a period of five days from the date of the notice, the registration level dealing Rooms where individual business households have registered record into Evidence Section nhậnđăng change in business registration certificate of the cáthể business households.
d) transferred the case to another district, County business, households and business cáthể return business registration certificates for cấphuyện business registration office where individual business households have signed up.
Hộkinh individual business conduct of business registration in cấphuyện business registration office where the new business locations.
DD) where suspended trading from thirty days or more, thểgửi fish business households reported to the business registration office at district level where households are registered thểđã and fish business tax authorities directly managed, under model MTB-6.

Khitiếp notice is received, the business registration office must record the receipt according to the mẫuMTB-8 and given to the individual business households.
e) upon the termination of operations, individual business households to pay back chứngnhận Paper for business registration business registration office at district level where trading in registered individual households.
4. reporting and retention of business registration Trongthời content limit of seven days from the date of certificate of business registration, business registration changes chứngnhận, revoke the certificate of registration of business conscientiously households, the business registration office at district level to send a business registration certificate saoGiấy change certificate, business registration, notice of revocation of business registration certificate for the tax authorities cùngcấp.
Saukhi certificate of business registration, registration changes, importing certificates, revocation of business registration certificate, get notifications of business tạmngừng..., the business registration office at district level the record business đăngký of business households can fish on the business register kept business registration tạiPhòng.
III. ĐIỀUKHOẢN.
Thôngtư has effect after fifteen days from the date of signing, the trướcđây provisions contrary to this circular are repealed.
Trongquá executable, if there are obstacles, the proposal reflects the timeliness of The investment hoạchvà Planning to study, modify, Supplement.