Chương II Nghị định 78/2015/NĐ-CP: Nhiệm vụ, quyền hạn của cơ quan đăng ký kinh doanh và quản lý nhà nước về đăng ký doanh nghiệp

Chapter II

DUTIES AND ENTITLEMENTS OF BUSINESS REGISTRATION AUTHORITIES

Article 13. Business registration authorities

1. Each province and central-affiliated city (hereinafter referred to as province) and district, provincial town, provincial city (hereinafter referred to as district) has a business registration authority. To be specific:

a) The business registration authority of each province is the Business Registration Office which is affiliated to the Department of Planning and Investment of the province.

Each Business Registration Office may open branches within the provinces to receive applications and return results.

One or two more Business Registration Offices may be open in Hanoi and Ho Chi Minh City. The establishment of additional Business Registration Offices is decided by the People’s Committees of Hanoi and Ho Chi Minh City after consulting with the Ministry of Planning and Investment.

b) The business registration authority of each district is the Finance – Planning Department of the People’s Committee of the district which is in charge of business household registration according to Article 15 of this Decree (hereinafter referred to as business registration authority of the district).

2. Each business registration authority has its own account and seal.

Article 14. Duties and entitlements of Business Registration Offices

1. Directly receive applications for enterprise registration, examine their validity, issue or reject issuance of certificates of enterprise registration.

2. Cooperate in developing, managing, operating National Enterprise Registration Information System ; carry out data standardization, update local enterprise registration data on National Enterprise Registration Database.

3. Provide information about enterprise registration on National Enterprise Registration Database within the province to the People’s Committee, Department of Taxation of the province, relevant agencies and entities as prescribed by law.

4. Request enterprises to report their observance of Law on Enterprises according to Point Clause 1 Article 209 of Law on Enterprises.

5. Carry out inspections or request competent authorities to carry out inspections at enterprises according to information in applications for enterprise registration; provide instructions for business registration authorities of districts on necessary documents and procedures for business household registration; provide instructions for enterprises and enterprises’ founders on necessary documents and procedures for enterprise registration.

6. Request enterprise to suspend conditional business lines according to Clause 9 Article 8 of this Decree.

7. Revoke certificates of enterprise registration in the cases mentioned in Clause 1 Article 62 of this Decree.

8. Grant other registrations as prescribed by law.

Article 15. Duties and entitlements of business registration authorities of districts

1. Directly receive applications for business household registration, examine their validity, issue or reject issuance of certificates of business household registration.

2. Cooperate in developing, managing, operating the system of information about business households in the district; submit periodic reports to the People’s Committees of the district, Business Registration Office, and tax authority of the district on registration of business households in the district.

3. Carry out inspections or request competent authorities to carry out inspections at business households according to information in applications for business household registration;; provide instructions for business households on necessary documents and procedures for business household registration.

4. Request business households to report their business performance where necessary;

5. Request business households to stop engaging in conditional business lines if they fail to satisfy all conditions.

6. Revoke the certificates of business household registration in the cases mentioned in Clause 1 Article 78 of this Decree.

7. Grant other registrations as prescribed by law.

Article 16. State’s management of enterprise registration

1. The Ministry of Planning and Investment shall:

a) Promulgate or request competent authorities to promulgate legislative documents on enterprise registration and business household registration; provide instructions on reporting serving enterprise registration, business household registration, and online enterprise registration.

b) Provide instruction and training in enterprise registration for enterprise registration officials and any organization or individual in demand; supervise the enterprise registration process.

c) Publish enterprise registration contents; provide information about enterprise registration, legal status, and financial statements of enterprises on National Enterprise Registration Database for relevant agencies of the Government and any organization or individual in demand;

d) Instruct Business Registration Offices to standardize data, update local enterprise registration data on National Enterprise Registration Database;

dd) Organize the development and management of National Enterprise Registration Information System ; provide instructions on building up local funds for operation of National Enterprise Registration Information System ;

e) Take charge and cooperate with the Ministry of Finance in the connection between National Enterprise Registration Information System  and tax registration information system;

g) Publish enterprise information publications where information about enterprise registration, establishment of branches and representative offices of enterprises nationwide are posted.

h) Engage in international cooperation in enterprise registration.

2. The Ministry of Finance shall:

a) Cooperate with the Ministry of Planning and Investment in connecting National Enterprise Registration Information System  and tax registration information system in order to issue enterprise ID numbers, ID numbers of enterprises’ affiliates and business locations serving enterprise registration and exchange of information about enterprises;

b) Take charge and cooperate with the Ministry of Planning and Investment in providing instructions on collection, transfer, management, and use of fees and charges for enterprise registration, business household registration, registration of branches, representative offices, and business locations; fees for provision of information and enterprise registration information.

3. The Ministry of Public Security shall take charge and cooperate with relevant Ministries and agencies in providing instruction on detecting false information in application for enterprise registration.

4. Ministries, ministerial agencies, Governmental agencies, within the ambit of their competence, have the responsibility to provide instruction on regulations of law on business condition; carry out inspections and impose penalties for failure to satisfy business conditions; review and post the list of conditional business lines and business conditions on their websites; send them to the Ministry of Planning and Investment for posting on National Business Registration Portal.

5. The People’s Committees of provinces shall provide adequate human resources, funding, and other resources for business registration authorities to perform their duties and entitlements prescribed by this Decree.