Chương I Nghị định 88/2006/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree provides in detail for business registries and dossiers, order of and procedures for business registration, and registration of changes in the contents of business registration for enterprises operating under the Enterprise Law and business households.

Article 2.- Subjects of application

This Decree shall apply to the following subjects:

1. Domestic organizations and individuals; foreign organizations and individuals registering their business under the Enterprise Law;

2. Other organizations and individuals that are related to business registration

Article 3.- The right to establish enterprises and the obligation of enterprise founders to register their business

1. Establishing enterprises in accordance with the provisions of law is the right of individuals and organizations, which is protected by the State.

2. Enterprise founders shall be obliged to register their business in accordance with the provisions of this Decree and relevant legal documents

3. Business registries and other agencies shall be strictly prohibited from causing troubles to organizations and individuals when receiving dossiers and dealing with business registration or registration of changes in business registration contents.

4. Ministries, ministerial-level agencies, People’s Councils and People’s Committees at all levels shall not be allowed to promulgate regulations on business registration to be applied to their own branches or localities.

5. Enterprise founders themselves shall be responsible before law for the lawfulness, truthfulness and accuracy of information declared in the business registration dossiers.

Article 4.- Business registration certificates

1. Business registration certificates are issued to enterprises operating under the Enterprise Law and business households.

2. Contents of business registration certificates are stipulated in Article 25 of the Enterprise Law, and written on the basis of the information in the business registration application dossiers which the enterprise founders themselves declare and are responsible therefor before law. The form of business registration certificate shall be stipulated by the Ministry of Planning and Investment and applied uniformly nationwide.

3. Enterprises which have been issued business registration certificates before the effective date of this Decree shall not have to change their business registration certificates and shall be issued new business registration certificates when they register changes in business registration contents.

4. Business registration certificates issued by business registries shall be valid nationwide.

Article 5.- Business lines

1. Business lines shall be written in business registration certificates according to the system of national economic sectors, except for banned business lines.

2. For business lines that are not included in the system of national economic sectors but are stipulated in other legal documents, business lines shall be written in business registration certificates according to the business lines stipulated in those legal documents.

3. For business lines that are not included in the system of national economic sectors and not yet stipulated in other legal documents, business registries shall consider and write them in business registration certificates and at the same time notify the Ministry of Planning and Investment and the General Statistics Office to add new codes.

4. For business lines that are stipulated to require a practice certificate, one individual can use his/her practice certificate for business registration of one enterprise only.

5. Conditional business lines shall be stipulated in laws, ordinances or decrees of the Government. It is strictly forbidden to promulgate or stipulate conditional business lines ultra vires.