Chương X Luật doanh nghiệp 2014: Tổ chức thực hiện

Chapter X

IMPLEMENTATION

Article 208. Responsibilities of regulatory bodies

1. The Government shall unify state management of enterprises.

2. Ministers and ministerial agencies are responsible to the government for fulfillment of their duties with regard to state management of enterprises.

3. Ministers and ministerial agencies, within the scope of their competence, shall direct professional organizations to periodically send the following information to the business registration authorities where the enterprises’ headquarters are situated:

a) Information about Business licenses, Certificates of eligibility for business operation, practicing certificates, certifications or written approval for business conditions issued to enterprises, decisions on penalties for administrative violations committed by enterprises;

b) Information about the operation and tax payment of enterprises derived from enterprises’ tax reports;

c) Information about enterprises’ operation serving improvement of state management effect.

4. The People’s Committees of provinces shall manage local enterprises.

5. The People’s Committees of provinces, within the scope of their competence, shall direct affiliated professional organizations and the People’s Committees of districts to periodically send the information prescribed in Clause 2 of this Article to the business registration authorities where the enterprises’ headquarters are situated.

6. The Government shall elaborate this Article.

Article 209. Business registration authorities

1. Every business registration authority has the following duties and entitlements:

a) Process business registration applications and issue Certificates of Business registration as prescribed by law;

b) Cooperate in developing and managing the National Business Registration Information System; provide information for regulatory bodies, organizations and individuals at their request as prescribed by law;

c) Request enterprises to report their conformity to this Law where necessary; urge enterprises to report.

d) Carry out inspections or request competent authorities to carry out inspections according to contents of applications for enterprise registration;

dd) Take responsibility for the validity of applications for enterprise registration; Take no responsibility for violations committed by enterprises before and after business registration;

e) Deal with violations against regulations on business registration prescribed by law; revoke Certificates of Business registration and request enterprise to follow procedures for dissolution in accordance with this Law;

g) Perform other rights and obligations prescribed by this Law and relevant laws.

2. The Government shall provide for organization structure of business registration authorities.

Article 210. Actions against violations

1. Any organization or individual that commit violations against this Law, depending on the nature and seriousness of the violations, shall face disciplinary actions, administrative penalties, and pay compensation for any damage caused; individuals might also face criminal prosecution as prescribed by law.

2. The Government shall elaborate penalties for administrative violations against this Law.

Article 211. Revocation of Certificate of Business registration

1. A enterprise shall have its Certificate of Business registration revoked in the following cases:

a) The information provided in the application for enterprise registration is false;

b) The enterprise is established by persons banned from enterprise establishment as prescribed in Clause 2 Article 18 of this Law;

c) The enterprise’s business operation is suspended for 01 year without notifying the business registration authority and tax authority;

d) The enterprise fails to submit reports as prescribed in Point c Clause 1 Article 209 of this Law to the business registration authority within 06 months from the deadline or from the receipt of a written request;

dd) Other cases decided by the Court.

2. The Government shall elaborate procedures for revocation of the Certificate of Business registration.

Article 212. Effect

1. This Law takes effect from July 01, 2015. The Law on Enterprises No. 60/2005/QH11 dated November 29, 2005 and the Law No. 37/2013/QH13 dated June 20, 2013 on Amendments to Article 170 of the Law on Enterprise are null and void from the effective date of this Law, except for the following cases:

a) With regard to limited liability companies established before this Law takes effect, the company’s charter shall apply to deadlines for capital contribution;

b) Enterprises of which charter capital is held by the State shall be restructured to ensure conformity with Clause 2 and Clause 3 Article 189 of this Law before July 01, 2017;

c) Clause 2 Article 189 shall not apply to companies whose shares or stakes are held by the State before July 01, 2015, provided the ratio of cross ownership is not increased.

2. Every household business that hires 10 regular employees or more must apply for business registration in accordance with this Law. Small-scale household businesses shall apply for business registration and operate in accordance with regulations of the Government.

3. Pursuant to this Law, the Government shall elaborate the organizational structure and operation of state-owned companies directly serving national defense and security or combining business operation with national defense and security.

Article 213. Specific regulations

The Government shall elaborate the Articles and Clauses as mentioned above.