Chương 2 Nghị định 43/2010/NĐ-CP về đăng ký doanh nghiệp: Nhiệm vụ, quyền hạn của cơ quan đăng ký kinh doanh và quản lý nhà nước về đăng ký doanh nghiệp

Chapter II

TASKS AND POWERS OF BUSINESS REGISTRATION OFFICES AND STATE MANAGEMENT OF ENTERPRISE REGISTRATION

Article 9. Business registration offices

1. Business registration offices shall be organized in provinces and centrally run cities (below referred to as provincial level) and in urban districts, rural districts, towns and provincial cities (below referred to as district level), including:

a/ At the provincial level: Business registration offices under provincial-level Planning and Investment Departments (below referred to as provincial-level business registration offices).

For Ho Chi Minh City and Hanoi, one or two additional provincial-level business registration offices may be set up and numbered in numerical order. The setting up of additional provincial-level business registration offices shall be decided by the municipal People's Committees.

The People's Committees of Hanoi, Ho Chi Minh, Hai Phong, Da Nang and Can Tho cities shall, after reaching agreement with the Ministry of Home Affairs and the Ministry of Planning and Investment, consider and shift on a pilot basis provincial-level business registration offices to operate as non-business units with revenues.

b/ At the district level: Business registration offices shall be set up in urban districts, rural districts, towns and provincial cities in which the number of newly registered business households and cooperatives is 500 or more on annual average in the last two years.

For localities in which no district-level business registration office is set up. district-level People's Committees shall assign their finance-planning divisions to carry out business registration for business households stipulated in Article 11 of this Decree (below collectively referred to as district-level business registration offices).

2. Provincial- and district-level business registration offices have their own bank accounts and seals.

Article 10. Tasks, powers and responsibilities of provincial-level business registration offices

1. To directly receive enterprise registration dossiers; check the validity of enterprise registration dossiers, and grant or refuse to grant enterprise registration certificates.

2. To coordinate with one another in the development, management and operation of the national enterprise registration information system: to transfer data from local business registration databases to the national enterprise registration database: to provide information on enterprise registration within their localities to provincial-level People's Committees, local tax departments, concerned agencies and inquiring organizations and individuals.

3. To request enterprises to report on their business performance as provided for at Point c, Clause 1. Article 163 of the Law on Enterprises: and urge enterprises to implement the annual report regime.

4. To directly inspect or propose competent state agencies to inspect enterprises against the contents in their enterprise registration dossiers: to provide guidance on dossier, order and procedures for business household registration to district-level business registration offices: to provide guidance on dossier, order and procedures for enterprise registration to enterprises and enterprise founders.

5. To request enterprises to temporarily cease conditional business lines when finding out that they fail to fully satisfy the conditions as prescribed by law. and concurrently notify such to competent state agencies for handling under law.

6. To revoke enterprise registration certificates in the cases specified in Article 59 of this Decree.

7. To carry out registration for enterprises of other types as provided for by law.

Article 11. Tasks, powers and responsibilities of district-level business registration offices

1. To directly receive business household registration dossiers; check the validity of these dossiers, and grant or refuse to grant business household registration certificates.

2. To coordinate with one another in the development, management and operation of information systems for business households operating in their localities; to periodically report to district-level People's Committees, provincial-level business registration offices, and district level tax offices on business households in their localities.

3. To directly inspect business households in their localities against the contents in registration dossiers: to coordinate with competent state agencies in inspecting enterprises; to verify the contents of business registration of enterprise-; and their branches and representative offices in their localities at the request of provincial-level business registration offices.

4. To request business households to report on their business performance when necessary

5. To request business households to temporarily cease conditional business lines when finding out that they fail to fully satisfy the conditions as required by law; and to concurrently notify such to competent state agencies for handling under law.

6. To revoke business household registration certificates in the cases specified in Article 61 of this Decree.

7. To carry out registration for enterprises of other types under law.

Article 12. State management of enterprise registration

1. Tasks, powers and responsibilities of the

Ministry of Planning and Investment:

a/ To promulgate according to its competence or submit to competent authorities for promulgation legal documents on enterprise registration and business household registration; guiding documents on professional knowledge and operations, forms and reporting regime to serve the enterprise registration, business household registration and online registration;

b/ To provide professional guidance, training and retraining on enterprise registration for enterprise registration officers;

c/. To organize the development and management of the national enterprise registration information system to serve enterprise registration operations nationwide; to provide information on enterprise registration to concerned agencies of the Government or to inquiring organizations and individuals; to guide provincial-level business registration offices in transferring data to the national enterprise registration database. Funds for the operation of and development investment in the national enterprise registration information system come from the state budget and other sources;

d/ To assume the prime responsibility for, and coordinate with the Ministry of Finance in. making the connection between the enterprise registration information and tax information systems;

e/ To distribute enterprise information publications containing information on enterprise registration and the setting up of branches and representative offices of enterprises nationwide;

f/ To perform international cooperation in enterprise registration.

2. Tasks, powers and responsibilities of the Ministry of Finance:

a/ To coordinate with the Ministry of Planning and Investment in making the connection between the national enterprise registration information and tax information systems for the purpose of granting enterprise identification numbers for use in enterprise registration and information exchange. To create and transfer enterprise identification numbers to the Ministry of Planning and Investment for subsequent transfer to provincial-level business registration offices for grant to enterprises:

b/ To assume the prime responsibility for. and coordinate with the Ministry of Planning and Investment in, guiding the collection and use of fees for enterprise or business household registration, registration of the setting up of branches, representative offices or business places, and provision of enterprise registration information.

3. The Ministry of Home Affairs shall assume the prime responsibility for. and coordinate with the Ministry of Planning and Investment in guiding the organization and personnel of central, provincial- and district-level business registration offices; and setting criteria for business registration officers and managerial posts in the system of business registration offices.

4. The Ministry of Public Security shall assume the prime responsibility for. and coordinate with concerned ministries and branches in, guiding the verification of personal identities of enterprise founders and managers.

5. The Ministry of Culture, Sports and Tourism shall issue documents guiding the naming of enterprises not contrary to the history, culture, ethics and fine customs and traditions of the nation and the use of the names of great personalities in naming enterprises.

6. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their functions and tasks, guide conditional business lines and conditions for conducting these business lines; post on their websites the list of conditional business lines and send this list to the Ministry of Planning and Investment for posting on the national enterprise registration portal.

7. Provincial-level People's Committees shall perform the state management of enterprises and enterprise registration as provided in Article 162 of the Law on Enterprises.