Chương II Nghị định 88/2006/NĐ-CP: Nhiệm vụ, quyền hạn của cơ quan đăng ký kinh doanh và quản lý nhà nước về đăng ký kinh doanh

Chapter II

TASKS AND POWERS OF BUSINESS REGISTRIES AND STATE MANAGEMENT OF BUSINESS REGISTRATION

Article 6.- Business registries

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

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

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

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

For localities which do not have district-level business registration offices, the Finance and Planning Sections shall perform the task of business registration stipulated in Article 8 of this Decree (hereinafter referred to as district-level business registries) and they shall have a seal for this task.

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

3. Provincial-level People’s Committees shall reach agreement with the Management Boards of Economic Zones that are set up by decisions of the Prime Minister (hereinafter referred to as economic zones) on the establishment of business registration offices there.

Article 7.- Tasks, powers and responsibilities of provincial-level business registration offices

1. To directly receive business registration dossiers; check the validity of business registration dossiers, and issue or refuse to issue business registration certificates to enterprises.

2. To coordinate in the development, management and operation of the local business registration information system; to provide local business registration information to provincial-level People’s Committees, local Tax Departments, relevant agencies and the Agency for Small- and Medium-Sized Enterprises Development under the Ministry of Planning and Investment on a periodical basis, and to, upon request, organizations and individuals.

3. To request enterprises to report on business performance as provided for at Point c, Clause 1, Article 163 of the Enterprise Law; 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 business registration dossiers; give guidance on the order of and procedures for business registration to enterprises and enterprise founders.

5. To request enterprises to temporarily cease conditional business lines when finding out that they do not meet all conditions as required by law.

6. To revoke business registration certificates of enterprises in the cases specified in Clause 2, Article 165 of the Enterprise Law.

7. To register business for enterprises of other forms as provided for by law.

Article 8.- Tasks, powers and responsibilities of district-level business registration offices

1. To directly receive business registration dossiers of business households; check the validity of business registration dossiers, and issue or refuse to issue business registration certificates to business households.

2. To coordinate with one another in the development, management and operation of the local household business information system; to periodically report to district-level People’s Committees, provincial-level business registration offices, and district-level tax authorities on business households, enterprises, branches, representative offices and business locations of enterprises within the districts.

3. To directly inspect business households within the districts against the contents in business registration dossiers; to coordinate with competent state agencies to inspect enterprises; to verify the contents of business registration of enterprises, branches and representative offices within the districts 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 cease temporarily conditional business lines when finding out that they do not meet all the conditions as required by law.

6. To revoke business registration certificates of business households in the cases specified in Article 47 of this Decree.

7. To make business registration for other forms as provided for by law.

Article 9.- State management of business 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 business registration; guiding documents on professional knowledge and tasks, forms and reporting tasks in service of business registration work.

b/ To provide professional guidance, training and retraining on business registration for staffs involved in business registration work.

c/ To organize the development and management of the business registration information system nationwide; to develop a national database on business registration to support business registration professional tasks, collect, store and process information on business registration nationwide; to provide business registration information to relevant government agencies, and to, upon request, organizations and individuals.

d/ To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, stipulating the criteria for staffs engaged in business registration work and management positions in the system of business registration;

e/ To publish the Enterprise Information Newsletter which contains establishment proclamation, amendments of business registration, establishment of branches and representative offices, dissolution, bankruptcy and violations made by enterprise throughout the country.

f/ International cooperation in business registration.

2. 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 provincial-level and district-level business registries and business registration offices in economic zones.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, guiding the regime of collection and use of fees for business registration, registration of changes in business registration contents, and registration of setting up of branches, representative offices or business locations.

4. The Ministry of Public Security shall, within the scope of its functions and tasks, coordinate with concerned ministries and agencies in guiding the certification of personal identities of enterprise founders and managers.

5. Ministries, ministerial-level agencies and government-attached agencies shall, within the scope of their functions and tasks, have to give instructions about conditional business lines and conditions for doing these business lines.

6. Provincial/municipal People’s Committees shall perform the state management of business registration as provided for at Points b and d, Clause 3, Article162 of the Enterprise Law.