Chương 2 Nghị định 109/2004/NĐ-CP: Nhiệm vụ, quyền hạn, tổ chức bộ máy của cơ quan đăng ký kinh doanh

Chapter II

TASKS, POWERS AND ORGANIZATIONAL APPARATUSES OF BUSINESS REGISTRIES

Article 3.- The business registries

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

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

b) Based on the specific requirements and tasks of business registration in localities, the provincial-level People’s Committee presidents shall decide to set up the district-level business registration bureaus; in cases where the district-level business registration bureaus are not established, they shall assign the finance-planning sections or the economic sections to perform the business registration tasks prescribed in Article 5 of this Decree (hereinafter referred collectively to as the district-level business registries).

2. The provincial-level business registration sections and the district-level business registration bureaus (for urban districts and rural districts entitled to set up business registration bureaus) have their own bank accounts and seals.

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

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

2. To guide the business registrants on the conditional business lines and the conditions for dealing in such business lines.

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

4. To request enterprises to report on their business situation when deeming it necessary as provided for in Clause 3, Article 116 of the Enterprise Law; to urge the implementation of the regime of annual financial reports of enterprises under the provisions of Article 118 of the Enterprise Law.

5. When examining business registration dossiers, if detecting that the registration contents are declared inaccurately and/or inadequately, to request the business registrants to correct or re-compile the business registration dossiers; if detecting that the registration contents are falsely declared, to refuse the granting of business registration.

After granting the business registration certificates, if detecting inaccurately-declared contents in the business registration dossiers, depending on the seriousness of the violations, to handle them according to the provisions of the Government’s Decree No. 37/2003/ND-CP of April 10, 2003 prescribing the sanctioning of administrative violations in business registration.

6. To directly examine or request competent State bodies to examine enterprises according to the business registration contents.

7. To withdraw business registration certificates from enterprises in the following cases:

a) The business registration dossiers contain contents which are false or contrary to Article 9 of the Enterprise Law;

b) The enterprises fail to register their tax codes within one year after being granted the business registration certificates;

c) The enterprises fail to operate at their registered headquarters for one year after being granted the business registration certificates or headquarter-changing certificates;

d) They cease their business activities for one successive year without reporting such to the business registries;

e) They fail to report on their business activities to the business registries for two consecutive years;

f) They fail to send reports as provided for in Clause 3, Article 116 of the Enterprise Law to the business registries within 6 months after being so requested in writing;

g) They deal in banned business lines.

The business registries are not entitled to withdraw the business registration certificates of enterprises in any other cases than the cases prescribed in this Clause.

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

1. To directly receive business registration dossiers of individual business households, examine the validity of the business registration applications and grant business registration certificates to individual business households.

2. To guide the business registrants on the conditional business lines and the conditions for dealing in such business lines.

3. To build up and manage the systems of information on individual business households operating in the localities; to periodically report to the district-level People’s Committees and the provincial-level business registration sections on individual business households and enterprises as well as their branches, representative offices in the localities.

4. To directly examine or coordinate with competent State bodies in examining enterprises, individual business households according to business registration contents in the localities; verify the business registration contents of enterprises as well as their branches and representative offices in the localities at the requests of provincial-level business registration sections.

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

a) They fail to conduct business activities within sixty days after being granted business registration certificates;

b) They cease business activities for more than 60 days in a row without notifying such to the district-level business registries of the localities where business registration is made;

c) They move their business locations to other rural or urban districts;

d) They deal in banned business lines.

The district-level business registries are not entitled to withdraw business registration certificates of individual business households in any cases other than the cases prescribed in this Clause.

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

1. To promulgate according to its competence documents on professional guidance, operation, forms and tables in service of business registration work.

2. To provide professional guidance, training and fostering on business registration for cadres engaged in business registration.

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

4. To build up and manage the systems of information on enterprises nationwide; to provide information on enterprises for relevant agencies of the Government periodically, and for organizations and individuals at their requests.

5. To supervise and examine the business registration; examine legal documents related to business registration, which have been promulgated by ministries, People’s Councils, People’s Committees of provinces or centrally-run cities; to detect regulations promulgated by such agencies ultra vires or in contravention of the Enterprise Law or decrees guiding the implementation of the Law, and settle them according to the provisions of Clauses 3, 4 and 5, Article 13 of the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies.

6. To effect international cooperation in the domain of business registration.