Chương IX Nghị định 01/2021/NĐ-CP: Điều khoản thi hành

Chapter IX

IMPLEMENTATION

Article 95. Penalties and rewards

1. Officials who request enterprise founders/household businesses to submit additional documents, impose new procedures or conditions for enterprise/household business registration against this Decree, or harass entities during the processing of applications for enterprise/household business registration or during inspection of enterprise/household business registration information shall be liable to penalties in accordance with regulations of law.

2. Business registration authorities and officials that accomplish enterprise/household business registration tasks shall be rewarded as prescribed.

Article 96. Transition clauses for enterprises operating under business registration certificates or certificates of business registration and tax registration

Enterprises issued with certificates of business registration or certificates of business registration and tax registration shall keep operating under such certificates without having to apply for enterprise registration certificates. Enterprises shall be issued with enterprise registration certificates at their request or when applying for changes to enterprise registration information according to the following provisions:

1. Any enterprise that wishes to replace its certificate of business registration or certificate of business registration and tax registration with an enterprise registration certificate without changing business registration and tax registration information shall submit an application form enclosed with the original certificate of business registration and original tax registration certificate or original certificate of business registration and tax registration to the Business Registration Office in order to be issued with the enterprise registration certificate.

2. In case of registration or notification of changes to enterprise registration information, business suspension, resumption of business ahead of schedule, the enterprise shall submit an application to the Business Registration Office of the province where it is headquartered. The application shall contain the corresponding documents prescribed herein, and the original certificate of business registration and original tax registration certificate or original certificate of business registration and tax registration. The Business Registration Office shall consider issuing the enterprise registration certificate to the enterprise within 03 working days from the receipt of satisfactory application.

Article 97. Transition clauses for enterprises operating under investment licenses, investment certificates (also business registration certificates) or other documents of equivalent validity

1. Enterprises issued with investment licenses or investment certificates (also business registration certificates) or other documents of equivalent validity shall keep operating under such licenses or certificates without having to apply for enterprise registration certificates.

2. Enterprises operating under investment licenses, investment certificates (also business registration certificates) or other documents of equivalent validity shall start operating under enterprise registration certificates in the following cases:

a) The enterprise wishes to apply for enterprise registration certificate without changes to enterprise registration information. In this case, the enterprise shall submit an application to the Business Registration Office of province where it is headquartered. The application shall contain the request for updates to enterprise registration information, the copy of the investment license, investment certificate (also business registration certificate) or another document of equivalent validity, and the copy of certificate of tax registration;

b) The enterprise applies for registration or notification of changes to enterprise registration information, business suspension, resumption of business ahead of schedule, or registration of branch/representative office/business location within the same province where the enterprise is headquartered. In this case, the enterprise shall submit an application to the Business Registration Office of province where it is headquartered. The application shall include the documents corresponding to the registration/notification contents as prescribed herein and the documents specified in Point a Clause 2 of this Article;

c) The enterprise wishes to apply for certificate of branch/representative office/business location registration as a replacement for operation registration contents on the investment license, investment certificate (also business registration certificate) or another document of equivalent validity, or certificate of branch/representative office registration issued by the investment registration authority without changes in operation registration contents for a branch/representative office/business location established within the same province where the enterprise is headquartered. In this case, the enterprise shall submit an application to the Business Registration Office of province where it is headquartered. The application shall include the documents in Point a Clause 2 of this Article and the request for updates to branch/representative office/business location registration information, the copy of the certificate of branch/representative office registration issued by the investment registration authority, and the copy of tax registration certificate of the branch/representative office;

d) The enterprise applies for changes to operation registration information, business suspension, resumption of business ahead of schedule, or shutdown of branch/representative office/business location registration on the investment license, investment certificate (also business registration certificate) or another document of equivalent validity, or certificate of branch/representative office registration issued by the investment registration authority for a branch/representative office/business location established within the same province where the enterprise is headquartered. In this case, the enterprise shall submit an application to the Business Registration Office of province where it is headquartered. The application shall include the corresponding documents as prescribed herein and the documents specified in Point c Clause 2 of this Article.

3. If a branch/representative office/business location is established outside the province where the enterprise is headquartered, the enterprise shall follow procedures for conversion of enterprise registration certificate with the Business Registration Office of province where the enterprise is headquartered as prescribed in Point a Clause 2 of this Article before following procedures for establishment/registration of changes to operation registration information, business suspension or resumption of business ahead of schedule, or shutdown of the branch/representative office/business location with the Business Registration Office of province where that branch/representative office/business location is situated. In this case, the application for establishment/registration of changes to operation registration information, business suspension or resumption of business ahead of schedule, or shutdown of the branch/representative office/business location shall comply with the provisions in Pints b, c and d Clause 2 of this Article, which excludes the documents in Point a Clause 2 of this Article.

4. Enterprises that operate under investment licenses or investment certificates (also business registration certificates) or other documents of equivalent validity and apply for dissolution are not required to apply for enterprise registration certificates. In this case, the application for dissolution shall include the documents in Clause 1 Article 210 of the Law on enterprises and the documents in Point a Clause 2 of this Article.

5. If the investment license or investment certificate (also business registration certificate) or another document of equivalent validity includes information about the business location, when following procedures for conversion into the enterprise registration certificate, certificate of branch/representative office registration, the enterprise shall be issued with the certificate of business location registration at its request.

6. When receiving the application from the enterprise, the Business Registration Office shall give a confirmation slip to the enterprise, examine the validity of the received application and issue enterprise registration certificate, certificate of branch/representative office/business location registration, certificate of changes to enterprise registration information and other relevant certificates as prescribed in this Decree.

Article 98. Transition clauses for securities companies, securities investment fund management companies, branches in Vietnam of foreign securities companies or foreign fund management companies that are established and operate under securities trading licenses

Within 02 years from January 01, 2021, securities companies, securities investment fund management companies, branches in Vietnam of foreign securities companies or foreign fund management companies that have been issued with licenses for establishment and operation by SSC before January 01, 2021 and meet the requirements in Clause 1 Article 135 of the Law on securities may apply for enterprise registration/branch registration with the Business Registration Office of province where the company is headquartered or the branch is situated. The application shall include the request for updates to enterprise registration information or the request for updates to branch operation registration information, the copy of the license for establishment and operation and the copy of the tax registration certificate.

Article 99. Transition clauses for household businesses established by family households or groups of individuals

1. Household businesses that are established by family households or groups of individuals and issued with certificates of household business registration before this Decree comes into force are not required to follow procedures for household business registration according to regulations herein.

2. If the household business that is established by a group of individuals before this Decree comes into force applies for changes to household business registration information, or notifies business suspension, resumption of business ahead of schedule, or shutdown, the minutes of meeting of the group of individuals establishing the household business shall be used as a replacement for the minutes of meeting of family household members included in the application. The abovementioned household business shall only follow procedures for replacement of members if there are any members stop engaging in the household business.

Article 100. Effect

1. This Decree comes into force from January 04, 2021.

2. This Decree supersedes the Government's Decree No. 78/2015/ND-CP dated September 14, 2015 and the Government’s Decree No. 108/2018/ND-CP dated August 23, 2018.

Article 101. Responsibility for implementation

1. The Ministry of Planning and Investment promulgates forms used in enterprise registration in accordance with regulations herein.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of provincial People’s Committees, and regulated entities of this Decree are responsible for the implementation of this Decree.