Chapter VI
IMPLEMENTATION PROVISIONS
Article 29.- Handling of violations
1. Those officials or public servants who request enterprise founders to submit additional papers, who set additional business registration procedures and conditions contrary to this Decree, who commit acts of authoritatism, harassment, cause difficulties and troubles for organizations and/or individuals while settling the business registration, examining business registration contents, shall be disciplined according to law provisions.
2. Those officials and public servants who refuse to grant business registration certificates to fully 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 according to law provisions.
In cases where their violations prescribed in this Clause cause damage, the concerned officials or public servants shall also have to pay compensations to the damage-suffering organizations or individuals.
3. Those who commit one of the following violation acts shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability according to law provisions:
a) Doing business in forms of private enterprise, limited liability company, joint-stock company, partnership or individual business household without making business registration according to this Decree;
b) Continuing business activities after having their business registration certificates withdrawn;
c) Declaring in honestly, inaccurately or failing to register in time changes of contents in the business registration dossiers of the enterprises;
d) Deliberately valuating the capital contribution assets higher than their actual values;
e) Failing to send annual financial reports to business registries, tax offices or sending untruthful, inaccurate reports;
f) Dealing in banned business lines or dealing in conditional business lines while failing to satisfy the conditions therefor.
Article 30.- Implementation effect
1. This Decree takes implementation effect fifteen days after its publication in the Official Gazette; the previous regulations contrary to this Decree are all hereby annulled.
2. This Decree replaces the Government’s Decree No. 02/2000/ND-CP of February 3, 2000 on business registration.
3. To abrogate Joint Circular No. 05/2000/TTLT-BKH-TCCBCP of June 7, 2000 of the Ministry of Planning and Investment and the Government Commission for Organization and Personnel (now the Ministry of Home Affairs) guiding the organization of provincial- and district-level business registries.
Article 31.- Implementation guidance
The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the presidents of the provincial/municipal People’s Committees shall have to implement this Decree.
The Minister of Planning and Investment shall consult the Minister of Home Affairs in promulgating a Regulation guiding the organization, apparatus, payroll and criteria of business registration officials.
The Minister of Planning and Investment shall have to guide the implementation of this Decree.
Tìm kiếm
Nghị định 109/2004/NĐ-CP (Bản Word)