Chương 2 Nghị định 02/2000/NĐ-CP: Nhiệm vụ, quyền hạn, tổ chức bộ máy của cơ quan đăng ký kinh doanh

Chapter II

TASKS, POWERS AND ORGANIZATIONAL APPARATUS OF THE BUSINESS REGISTRIES

Article 3.- Business registries

1. The business registries are organized in the provinces and centrally-run cities (hereinafter collectively referred to as provincial level) and in the rural and urban districts, provincial towns and cities (hereinafter collectively referred to as district level). They include:

a/ The business registration bureaus within the provincial/municipal Planning and Investment Services (hereinafter collectively referred to as the provincial-level business registration bureaus).

b/ The business registration bureaus under the district-level People’s Committees (hereinafter collectively referred to as the district-level business registration bureaus).

2. The provincial-level and district-level business registration bureaus have their own seals.

Article 4.- Tasks, powers and responsibilities of the provincial-level business registration bureaus

1. To receive business registration dossiers, examine their validity and grant business registration certificates to enterprises.

2. To provide guidance for business registration applicants on conditional business lines and the conditions for such business lines.

3. To establish and manage a system of information on enterprises within their respective localities; periodically supply information on such enterprises to the provincial-level People’s Committees, the concerned provincial/municipal Services and the Ministry of Planning and Investment and to organizations and individuals at their requests.

4. When deeming it necessary, to request enterprises to report on their business situation as prescribed in Clause 3, Article 116 of the Law on Enterprises; to urge the implementation of the annual financial reporting regime by enterprises as prescribed in Article 118 of the Law on Enterprises.

5. After granting a business registration certificate, if detecting that the information declared in an enterprise’s business registration dossier is inaccurate, incomplete and/or false, to send a notice requesting the concerned enterprise to make the correction of such information. If, past the time limit of 15 days as from the date the notice is sent, no correction notice is received from the enterprise, to conduct the verification of the contents of the business registration dossier. After conducting the verification and clearly determining the seriousness of the violation of the provisions on business registration, to directly handle such violation according to their competence or propose the competent State agency to handle it in accordance with the provisions of law.

6. To revoke business registration certificates of enterprises that violate the provisions in Clause 3, Article 121 of the Law on Enterprises.

Article 5.- Tasks, powers and responsibilities of the district-level business registration bureaus

1. To receive business registration dossiers of individual business family households, examine their validity and grant business registration certificates to individual business family households.

2. To guide business registration applicants on the conditional business lines and their business conditions.

3. To establish and manage a system of information on individual business family households in their respective localities; periodically report on individual business family households to the district-level People’s Committees and the provincial-level business registration bureaus.

4. To coordinate, at the request of the provincial-level business registration bureaus, in verifying the contents of the business registration dossiers of enterprises which are headquartered in the district area.

5. To revoke business registration certificates of individual business family households in the following cases:

a/ Failure to start business activities within 30 days from the date the business registration certificate is granted;

b/ Cessation of business activities for 30 consecutive days without notifying such to the district-level business registration bureau where business registration is made;

c/ Moving the business location to another district;

d/ Engagement in a banned business line(s).

Article 6.- Tasks, powers and responsibilities of the Ministry of Planning and Investment regarding business registration

1. To promulgate according to its competence documents on professional knowledge and technical operations as well as forms in service of the business registration work.

2. To provide guidance, training and fostering in business registration operations for employees and officials in charge of the business registration work.

3. To prescribe the regime of reporting on the business registration work and supervise the observance of such reporting regime nationwide.

4. To develop and manage a national system of information on enterprises; to periodically supply information on enterprises to the concerned government agencies, and to organizations and individuals at their requests.

5. To publish a bulletin on enterprises in order to make public information on the establishment, dissolution and bankruptcy of enterprises, on the changes in the contents of the enterprises’ business registration as well as information on business legislation.

6. To enter into international cooperation in the field of business registration.