Chapter V
IMPLEMENTATION PROVISIONS
Article 22.- Handling of violations
1. Any officials and employees who commit acts of authoritarianism, harassment, causing difficulties and inconveniences to organizations and individuals when dealing with the business registration or when examining the business registration contents, shall be disciplined according to law.
2. Officials and employees who refuse to grant business registration certificates to eligible persons or grant business registration certificates to ineligible persons shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability as prescribed by law.
If damage is caused due to the violation prescribed in this Clause, the concerned official or employee must pay compensation to the organization or individual suffering from such damage.
3. Those who commit one of the following violations shall, depending on the nature and seriousness of the violation, be administratively sanctioned or examined for penal liability as prescribed by law:
a/ Conducting business in the form of private enterprise, limited liability company, joint-stock company, partnership or individual business family household without making business registration as prescribed in this Decree;
b/ Continuing to conduct business after having their business registration certificates revoked;
c/ Making untruthful or inaccurate declarations, failing to make timely registration of any change in the contents of their business registration dossiers;
d/ Deliberately overvaluing the assets contributed as;
e/ Failing to send annual financial statements to the business registries and the tax agencies or sending untruthful and inaccurate reports.
Article 23.- Implementation effect
1. This Decree takes effect 15 days after its issuance, the earlier provisions which are contrary to this Decree are now annulled.
2. Chapter IV of this Decree replaces Decree No. 66-HDBT of March 2, 1992 of the Council of Ministers regarding business individuals and groups having the capital lower than the legal capital prescribed in Decree No. 221-HDBT of July 23, 1991.
Business individuals and groups operating under Decree No. 66-HDBT of March 2, 1992 of the Council of Ministers shall not have to re-fill in the business registration procedures stipulated in Chapter IV of this Decree and may change their business licenses for business registration certificates. Those business licenses which are granted under Decree No. 66-HDBT of March 2, 1992 of the Council of Ministers and still remain effective, have the same validity as business registration certificates for individual business households prescribed in this Decree.
Business individuals and groups operating under Decree No. 66-HDBT of March 2, 1992 of the Council of Ministers that are doing business at two or more places and regularly employing labor, shall have to choose a form of enterprise for making registration under the provisions of the Law on Enterprises.
3. Limited liability companies, joint-stock companies and private enterprises established under the December 21, 1990 Law on Companies, Law on Private Enterprises, the June 22, 1994 Law amending and supplementing a number of the Law on Companies, Law amending and supplementing a number of articles of the Law on Private Enterprises, shall not have to re-fill in the registration procedures.
Article 24.- Implementation guidance
The ministers, the heads of ministerial-level agencies, the heads of agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.
The Minister of Planning and Investment shall have to guide and organize the implementation of this Decree.
Tìm kiếm
Nghị định 02/2000/NĐ-CP (Bản Word)