Chương X Luật doanh nghiệp 2020: Điều khoản thi hành

Chapter X

IMPLEMENTATION CLAUSES

Article 215. Responsibilities of various authorities

1. The Government shall ensure uniform state management of enterprises.

2. Ministries and ministerial agencies shall be responsible to the Government for performance of their tasks relevant to state management of enterprises.

3. The People’s Committees of provinces shall perform state management of enterprises in their provinces.

4. Ministries, ministerial agencies, relevant agencies and the People’s Committees of provinces, within the scope of their duties and entitlements, shall establish connection and share the following information with the national enterprise registration database:

a) Information about business licenses, certificates of eligibility, practicing certificates, certificates or written approval for business conditions and administrative penalty imposition decisions;

b) information about enterprises’ operation and tax payment from tax reports; enterprises’ financial statements;

c) Cooperate and share information about enterprises’ operation to improve effectiveness of state management.

5. The Government shall elaborate this Article.

Article 216. Business registration authorities

1. Business registration authorities have the following duties and entitlements:

a) Process enterprise registration apps and issue the Certificate of Enterprise Registration as prescribed by law;

c) Participate in development and management of the National Enterprise Registration Information System; disclose and provide information for state agencies and other organizations and individuals on request as prescribed by law;

c) Request enterprises to submit reports on their compliance to this Law where necessary; supervise enterprises submitting reports;

d) Carry out inspection and supervision of enterprises according to their enterprise registration applications or request competent authorities to do so;

dd) Take responsibility for validity of enterprise registration applications; deny responsibility for enterprises’ violations committed before and after applying for enterprise registration;

e) Deal with violations against regulations of law on enterprise registration; revoke the Certificate of Enterprise Registration and request enterprises to file for dissolution in accordance with this Law;

g) Other duties and entitlements by this Law and relevant laws.

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

Article 217. Implementation clauses

1. This Law comes into force from January 01, 2021.

2. The Law on Enterprises No. 68/2014/QH13 ceases to have effect from the effective date of this Law.

3. The phrase “doanh nghiệp nhà nước” (“state-owned enterprises”) shall be replaced with “doanh nghiệp do Nhà nước nắm giữ 100% vốn điều lệ” (“wholly state-owned enterprises”) in Point m Clause 1 Article 35 and Point k Clause 1 Article 37 of the Law on State Budget No. 83/2015/QH13; Point a Clause 3 Article 23 of the Law on Irrigation No. 08/2017/QH14, amended by the Law No. 35/2018/QH14; Point b Clause 2 Article 74 of the Civil Proceedings Code No. 92/2015/QH13, amended by the Law No. 45/2019/QH14; Point a Clause 2 Article 43 of the Law on Management and Use of Weapons, Explosives and Combat Gears No. 14/2017/QH14, amended by the Law No. 50/2019/QH14; Article 19 of the Law on Denunciation No. 25/2018/QH14; Articles 3, 20, 30, 34, 39 and 61 of the Anti-corruption Law No. 36/2018/QH14.

4. The Government shall provide for registration and operation of household businesses.

5. Pursuant to this Law, the Government shall provide for management and operation of state-owned enterprises that operates in the field of defense or both defense and business.

Article 218. Transition clauses

1. Companies whose shares or stakes are not obtained by the State before July 01, 2015 are not required to implement the regulations of Clause 2 Article 195 of this Law but must not increase their cross-ownership ratios.

2. Enterprises’ executives, Controllers and authorized representatives who do not fully satisfy the requirements specified in Point b Clause 5 Article 14, Clause 3 Article 64, Clause 3 Article 93, Clause 3 Article 101, Points a, b, and c Clause 3 Article 103, Point d Clause 1 Article 155, Point b Clause 5 Article 162 or Clause 2 Article 169 of this Law may continue working until the end of their terms of office.