Chương II Nghị định 01/2021/NĐ-CP: Nhiệm vụ, quyền hạn của cơ quan đăng ký kinh doanh và quản lý nhà nước về đăng ký doanh nghiệp, đăng ký hộ kinh doanh

Chapter II

TASKS AND POWERS OF BUSINESS REGISTRATION AUTHORITIES

Article 14. Business registration authorities

1. Each of provinces and central-affiliated cities (hereinafter referred to as “provincial level”) and urban/suburban districts, district-level towns and provincial cities (hereinafter referred to as “district level”) shall have a business registration authority. To be specific:

a) The provincial-level business registration authority is the Business Registration Office which is affiliated to the provincial Department of Planning and Investment (hereinafter referred to as “Business Registration Office”).

Each Business Registration Office may open branches within the province to receive applications and return results;

b) The district-level business registration authority is the Finance – Planning Department affiliated to the district-level People’s Committee (hereinafter referred to as “district-level business registration authority”).

2. Each business registration authority has its own account and seal.

Article 15. Tasks and powers of Business Registration Offices

1. The Business Registration Office shall directly receive applications for enterprise registration, examine their validity, issue or reject to issue enterprise registration certificates.

2. Provide instructions for enterprises and their founders on required documents and procedures for enterprise registration; provide instructions for district-level business registration authorities on required documents and procedures for registration of household businesses.

3. Cooperate in developing, managing and operating the National Enterprise Registration Information System; carry out data standardization and update local enterprise registration data on the National Enterprise Registration Database.

4. Provide information about enterprise registration on the National Enterprise Registration Database within the province to the provincial-level People’s Committee, provincial-level Department of Taxation, Anti-money Laundering Department affiliated to the State Bank of Vietnam (SBV) upon its request, and relevant agencies and entities as prescribed by law.

5. Request enterprises to report their observance of the Law on Enterprises according to Point c Clause 1 Article 216 of Law on Enterprises.

6. Directly carry out inspections or request competent authorities to carry out inspections at enterprises according to their applications for enterprise registration.

7. Carry out inspections of district-level business registration authorities for their performance of tasks and powers when following household business registration procedures.

8. Request enterprises to suspend conditional business lines or business lines restricted to foreign investors according to Clause 1 Article 67 hereof.

9. Revoke enterprise registration certificates and certificates of branch/representative office registration in accordance with regulations of law.

10. Grant business registration to other entities as prescribed by law.

Article 16. Tasks and powers of district-level business registration authorities

1. Directly receive applications for household business registration, examine their validity, issue or reject to issue certificates of household business registration.

2. Provide instructions for household businesses on necessary documents and procedures for household business registration.

3. Cooperate in developing, managing and operating the system of information about household businesses in the district; submit periodic reports on registration of household businesses in the district to the district-level People’s Committee, Business Registration Office, and district-level tax authority.

4. Provide information about household business registration within the district to the district-level People’s Committee, district-level Department of Taxation, and relevant agencies and entities as prescribed by law.

5. Directly carry out inspections or request competent authorities to carry out inspections at household businesses according to their applications for household business registration.

6. Request household businesses to submit reports on their observation of regulations herein where necessary.

7. Request household businesses to stop engaging in conditional business lines if they fail to satisfy all business conditions.

8. Revoke certificates of household business registration in accordance with regulations of law.

9. Grant business registration to other entities as prescribed by law.

Article 17. State management of enterprise registration

1. The Ministry of Planning and Investment shall:

a) Promulgate or request competent authorities to promulgate legislative documents on enterprise registration and household business registration and guidelines for document templates and reporting serving enterprise registration, household business registration, and online enterprise registration;

b) Provide professional instructions and training for business registration authorities, business registration officials and any entities in demand; provide instructions for Business Registration Offices on document digitalization, data standardization and update enterprise registration data in their provinces on the National Enterprise Registration Database;

c) Expedite, direct, monitor and supervise the enterprise registration process;

d) Provide information about enterprise registration, legal status, financial statements and other information of enterprises on the National Enterprise Registration Database for relevant agencies of the Government and any entities in demand;

dd) Organize the establishment, management and development of the National Enterprise Registration Information System; assist Business Registration Offices, enterprises, their founders and other entities in using the National Enterprise Registration Information System; provide instructions on building up local funds for operation of the National Enterprise Registration Information System;

e) Take charge and cooperate with the Ministry of Finance in the connection between the National Enterprise Registration Information System and the tax registration information system;

g) Take charge and cooperate with the Ministry of Finance in formulating a plan for adoption of interconnected procedures for business registration and tax registration for household businesses in conformity with actual conditions.

h) Engage in international cooperation in enterprise registration.

2. The Ministry of Finance shall:

a) Cooperate with the Ministry of Planning and Investment in connecting the National Enterprise Registration Information System and tax registration information system in order to issue enterprise ID numbers, ID numbers of enterprises’ affiliates and business locations and exchange of information about enterprises;

b) The State Securities Commission of Vietnam (SSC) shall transfer data on securities companies, securities investment fund management companies, branches in Vietnam of foreign securities companies, and provide the list of securities companies, securities investment fund management companies, branches in Vietnam of foreign securities companies that meet the conditions laid down in Clause 1 Article 135 of the Law on Securities for business registration authorities for considering granting enterprise registration certificates to such entities in accordance with the Law on Securities.

3. Ministries, ministerial agencies, Governmental agencies, within the ambit of their assigned functions, tasks and powers, have the responsibility to provide instructions on regulations on business conditions; carry out inspections and take actions against any failure to satisfy business conditions; review and publish the list of conditional business lines and business conditions on their websites; send them to the Ministry of Planning and Investment for publishing on the National Business Registration Portal.

4. Provincial-level People’s Committees shall provide adequate human resources, funding, and other resources for business registration authorities to perform their tasks and powers as prescribed herein.