Chương IX Luật doanh nghiệp 2005: Quản lý nhà nước đối với doanh nghiệp

Chapter IX

STATE MANAGEMENT OF ENTERPRISES

Article 161.- Contents of state management of enterprises

1. To promulgate, disseminate, and guide the implementation of legal documents on enterprises and relevant legal documents.

2. To organize business registration; guide the business registration in order to ensure the materialization of strategies, master plans and plans orienting social-economical development.

3. To organize training, retraining of professional skills, improvement of business ethics for enterprises' managers; of political quality, morality, and professional qualification for officers involved in state management of enterprises; and training and building of a contingent of skilled workers.

4. To realize preferential policies for enterprises in compliance with orientations and objectives of social-economical development strategies, master plans and plans.

5. To control and inspect enterprises' business operations; and handling law-breaking acts of enterprises, related individuals and organizations in accordance with the provisions of law.

Article 162.- Responsibilities for state management of enterprises

1. The Government shall perform the unified state management of enterprises, appoint an agency responsible to the Government for assuming the prime responsibility for, and coordinating with the other ministries and agencies in, performing state management of enterprises.

2. Ministries and ministerial-level agencies shall be responsible to the Government for performing their assigned duties in state management of enterprises and, within the scope of their assigned tasks and powers, have the following duties:

a/ To periodically or at the request of business associations review the business conditions subject to state management; recommend the removal of unnecessary business conditions; adjust inappropriate business conditions; and submit to the Government for promulgation new business conditions to ensure the fulfillment of their assigned state management tasks;

b/ To guide the implementation of legal provisions on business conditions; supervise, inspect and handle violations in the observance of business conditions within the scope of state management;

c/ To disseminate and popularize legal documents;

d/ To manage business activities in conditional business lines; to supervise, inspect, and deal with the environmental pollution, protect the environment; to ensure food safety and hygiene as well as labor safety and sanitation;

e/ To develop the Vietnamese standard system; to supervise, inspect and handle violations in ensuring the quality of goods and services according to the Vietnamese quality standard system;

f/ To exercise other rights and duties as provided for by law.

3. People's Committees of provinces and centrally run cities shall perform the state management of enterprises within their localities, and, within the scope of their assigned tasks and powers, shall have the following duties:

a/ To direct their subordinate specialized agencies and People's Committees of rural districts, urban districts, towns and provincial cities to provide information on enterprises; solve difficulties and remove obstacles to investments and supports for the development of enterprises within the scope of their competence; and to supervise and inspect enterprises and handle violations according to law;

b/ To organize business registration and manage enterprises and business households according to the registered business contents; to administratively handle violations of this Law and other relevant laws;

c/ To direct their subordinate specialized agencies and People's Committees of rural districts, urban districts, towns and provincial cities to implement legal provisions on taxes and business conditions according to the provisions of law and relevant guidelines of ministries and ministerial-level agencies; to directly handle or propose competent agencies to handle violations of the provisions on state management in this domain;

d/ To organize business registration office, decide on the personnel for business registration offices of the provinces or centrally-run cities; direct and guide People's Committees of rural districts, urban districts, towns and provincial cities and People's Committees of communes, wards and townships to handle administrative violations in business registration.

Article 163.- Organizational structure, tasks and powers of business registration offices

1. Business registration offices shall have the following tasks and powers:

a/ To settle business registration and grant business registration certificates in accordance with the provisions of law;

b/ To set up and manage the system of information on enterprises; to provide information to state agencies, organizations and individuals upon request in accordance with the provisions of law;

c/ Where deeming it necessary for the enforcement of this Law, to ask enterprises for reports on their business situation; to supervise and speed up the performance of the reporting regime by enterprises;

d/ To examine directly or request competent state agencies to supervise enterprises according to the contents of business registration dossiers;

e/ To handle violations of regulations on business registration in accordance with the provisions of law; to withdraw the business registration certificates and ask enterprises whose business registration certificates are withdrawn to carry out procedures for dissolution in accordance with the provisions of this Law;

f/ To be responsible before law for violations in business registration;

g/ To exercise other duties and powers in accordance with the provisions of this Law and other relevant laws.

2. The organizational structure of business registration offices shall be stipulated by the Government.

Article 164.- Supervision and inspection of business operations of enterprises

Supervision and inspection of business operations of enterprises shall comply with the provisions of law.

Article 165.- Handling of violations

1. Those who commit acts violating the provisions of this Law shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with the provisions of law; if causing damage to the interests of the enterprises, their owners, members, shareholders, creditors or others, they shall have to pay compensations therefor in accordance with the provisions of law.

2. An enterprise shall have its business registration certificate withdrawn and its name deleted from the business registration book in the following cases:

a/ The content declared in the business registration dossier is fake;

b/ The enterprise is established by people who are prohibited from setting up enterprises as defined in Clause 2, Article 13 of this Law;

c/ The enterprise fails to register the tax identification number for one year since the issuance of the business registration certificate;

d/The enterprise fails to operate in the registered location for six consecutive months as from the date of grant of the business registration certificate or the certificate of relocation of head office;

e/ The enterprise fails to send reports on its business operations to the business registration office for twelve consecutive months;

f/ The enterprise suspends business operations for a whole year without notifying the business registration office;

g/ The enterprise fails to send reports as provided for at Point c, Clause 1, Article 163 of this Law to the business registration office within three months as from the date of receiving a written request;

h/ The enterprise conducts banned business lines.