Công văn 234/ĐKKD-NV hướng dẫn nội dung việc thi hành Quyết định 27/2018/QĐ-TTg

To the Business Registration Divisions of the Departments of Planning and Investment in provinces and centrally-affiliated cities,

On August 15, 2018, the Business Registration Department has sent the Official Dispatch No. 225/DKKD-NV to the Departments of Planning and Investment in centrally-affiliated cities and provinces to inform implementation of the Prime Minister’s Decision No. 27/2018/QD-TTg on issuance of the Vietnam Standard Industrial Classification (hereinafter referred to as new classification system) which replaces the Decision No. 10/2007/QD-TTg. In order to apply the Decision No. 27/2018/QD-TTg to the business registration from August 20, 2018, it is advised that the Business Registration Divisions should pay attention to the followings:

1. With respect to enterprises and affiliates thereof that have obtained enterprise registration certificates and affiliate registration certificates before August 20, 2018:

These enterprises and affiliates shall be allowed to continue business operations in the industries or sectors that they have registered and shall not be bound to get their business industries or sectors updated in line with the new classification system at their discretion. The update of economic industries or sectors according to the new classification system shall be made on an enterprise's demand or when an enterprise informs any addition or change of its economic industries or sectors, or applies for a change to the enterprise registration certificate.

The Business Registration Division shall encourage and instruct enterprises to get their business industries or sectors updated in line with the new classification system. In case where an enterprise or its affiliate wishes to update its industry or sector according to the new classification system, they shall be required to send the notification of addition or update of enterprise registration information by using the form given in the Appendix II-5 to the Circular No. 20/2015/TT-BKHDT to the Business Registration Division to obtain its approval.

2. With regard to the enterprise/affiliate registration application which is submitted before August 20, 2018 and has not been approved on the national information system for enterprise registration:

a) With regard to the enterprise establishment registration application, the notification of the change in the economic industry or sector and the application for the change to the enterprise registration certificate, the Business Registration Division shall carry out the review of the economic industry or sector that the enterprise has registered:

- + After finding that the name and code of its economic industry or sector already declared in the enterprise registration application under the Decision No. 10/2007/QD-TTg are not changed in comparison with those on the new classification system, the Business Registration Division shall grant the enterprise registration according to regulations in force.

- Where there is any change in the name and code of the economic industry or sector of the enterprise already declared in the enterprise registration application under the Decision No. 10/2007/QD-TTg in comparison with the new classification system, the Business Registration Division shall guide the enterprise/affiliate to amend or supplement the enterprise registration application in conformity with the new classification system.

a) With regard to the enterprise establishment registration application, the notification of the change in the economic industry or sector or the application for the change to the enterprise registration certificate which is submitted online through the business registration account, if the Business Registration Division issues the notification of valid application before August 20, 2018, but the requesting enterprise has submitted its paper application after August 20, 2018, and the economic industry or sector already declared in the enterprise registration application under the Decision No. 10/2007/QD-TTg is subject to any change in comparison with the new classification system, the Business Registration Division shall take the following steps:

- Approve the enterprise registration application on the national information system for enterprise registration.

- Instruct the enterprise to prepare the application for update or addition of information by using the form given in the Appendix II-5 to the Circular No. 20/2015/TT-BKHDTBKHDT for submission to the Business Registration Division to seek its approval of update of the economic industry or sector in conformity with the new classification system in the national enterprise registration database (subject to the decision of the Division’s Head).

c) With regard to enterprise/affiliate registration applications other than the one referred to in point a Section 2 above, the Business Registration Division shall grant the enterprise registration in accordance with regulations in force.

For your consideration and compliance./.