THE
MINISTRY OF PLANNING AND INVESTMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
08/2001/TT-BKH
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Hanoi,
November 22, 2001
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CIRCULAR
GUIDING THE BUSINESS REGISTRATION ORDER AND PROCEDURES
PRESCRIBED IN THE GOVERNMENT’S DECREE NO. 02/2000/ND-CP OF FEBRUARY 3, 2000 ON
BUSINESS REGISTRATION
In furtherance of the Government’s Decree No.02/2000/ND-CP
of February 3, 2000 on business registration; the Prime Minister’s Directive
No.29/2000/CT-TTg of December 31, 2000 on stepping up the implementation of the
Enterprise Law; in order to handle one step problems in business registration
reality,
The Ministry of Planning and Investment
hereby guides in detail a number of matters regarding the business registration
order and procedures for enterprises and individual business households,
prescribed in Decree No.02/2000/ND-CP and forms of paper used in business
registration, as follows:
I. BUSINESS REGISTRATION FOR
ENTERPRISES OPERATING UNDER THE ENTERPRISE LAW
1. Business registration
dossiers
a) For private enterprises:
The business registration application, made
according to form MD-1.
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- The business registration application, made
according to form MD-2.
- The company’s charter with contents prescribed
in Clause 2, Article 10 of the Government’s Decree No.03/2000/ND-CP of February
3, 2000 guiding the implementation of a number of articles of the Enterprise
Law.
- The list of members, according to form MDS-1.
c) For joint-stock companies:
- The business registration application,
according form MD-3.
- The company’s charter with contents prescribed
in Clause 3, Article 10 of the Government’s Decree No.03/2000/ND-CP of February
3, 2000 guiding the implementation of a number of articles of the Enterprise
Law.
- The list of founding shareholders, according
to form MDS-2.
d) For one-member limited liability companies:
- The business registration application,
according to form MD-4
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e) For partnerships:
- The business registration application,
according to form MD-5.
- The company’s charter, with contents
prescribed in Clause 4, Article 10 of the Government’s Decree No.03/2000/ND-CP
of February 3, 2000 guiding the implementation of a number of articles of the
Enterprise Law.
- The list of members, according to form MDS-3.
2. The business registration
dossiers for enterprises dealing in production and business lines which require
legal capital or profession- practicing certificates
a) For production and business lines requiring
legal capital, enclosed with the business registration dossiers prescribed at
Point 1, Section I of this Circular must be the competent body’s certification
of the legal capital determined according to the provisions of law, ordinances
and decrees on legal capital or valid certificate proving the enterprise’s
capital.
b) For production and business lines requiring
profession- practicing certificates prescribed in Clause 2, Article 6 of Decree
No.03/2000/ND-CP, enclosed with the business registration dossiers prescribed
at Point 1, Section I of this Circular must be the valid copies of the
profession-practicing certificates of:
- For private enterprises: The private enterprise
owner or the enterprise managing director.
- For limited liability companies with two or
more members: One of the members of the Members’ Council, or the director
(general director), or one of the other important managerial titles prescribed
by the company’s charter.
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- For one-member limited liability companies:
One of the members of the Management Board, or the chairman of the company, or
the director (general director), or one of the other important managerial
titles prescribed by the company’s charter.
- For partnerships: All members of the
partnership.
3. Production and business
lines inscribed in the business registration.
Besides the lines banned from business,
prescribed in Article 3 of Decree No.03/2000/ND-CP, the production and business
lines shall be inscribed in the business registration as follows:
a) For production and business lines which,
according to laws, ordinances and/or decrees, require business conditions,
legal capital or profession- practicing certificate, the production and
business lines shall be inscribed according to the lines prescribed in such
laws, ordinances and/or decrees.
b) For other production and business lines, they
shall be inscribed according to the list of production and business lines used
in business registration, which was promulgated together with Joint Circular
No.07/2001/TTLT/BKH-TCTK of November 1, 2001 of the Ministry of Planning and
Investment and the General Department of Statistics guiding the production and
business lines, used in business registration.
4. Business registration order
and procedures
a) The enterprise founder shall make and submit
one set of business registration dossier prescribed for each form of
enterprises, as provided for at Points 1 and 2, Section I of this Circular to
the Business Registration Bureau of the province where the enterprise is
headquartered.
The enterprise founder may authorize in writing
or contract his/her representative to submit the business registration dossier
at the provincial-level Business Registration Bureau.
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- For individuals:
+ The direct business registrants: The original
of the household registration book or the identity card or passport.
+ The authorized persons: The original of the
household registration book or the identity card or passport and the letter of
authorization or the contract.
+ The company manager, the representative at
law: To submit the copy of the household registration book or the identity card
or passport.
- For organizations:
+ The State enterprises: The business
registration certificate; the competent body’s decision permitting the
enterprise to participate in capital contribution to the company.
+ The limited liability companies with two or
more members: The business registration certificate; the Members’ Council’s
decision permitting the company to participate in capital contribution.
+ The joint-stock companies: The business
registration certificate, the Shareholders Assembly’s decision or other papers
as prescribed in the company’s charter, permitting the company to participate
in capital contribution.
+ The one-member limited liability companies:
The business registration certificate; the company owner’s decision or other
papers as prescribed in the company’s charter, permitting the company to
participate in capital contribution.
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+ The cooperatives: The business registration
certificate; the resolution of the cooperative members’ congress or other
papers as prescribed by the cooperative’s charter, permitting the cooperative
to participate in capital contribution.
+ For State administrative agencies whose
budgets prescribe the spending tasks defined at Point b, Clause 2, Article 29
and Point b, Clause 2, Article 31 of the State Budget Law passed by the IXth
National Assembly at its 9th session on March 20, 1996: The competent body’s
papers on expenditures for capital contribution.
+ For political organization, social
organizations: The papers permitting the capital contribution.
+ For other associations: The competent bodies’
papers permitting the establishment and operation thereof; the papers
permitting the capital contribution.
c) Upon the receipt of business registration
dossiers, the provincial-level Business Registration Bureau must inscribe the
receipts according to form MTB-8 and hand them to the dossier submitters.
d) Within 15 days after the receipt of the
dossiers, the provincial-level Business Registration Bureau shall grant the
business registration certificate to the enterprise founder according to the
form of business registration certificate for each type of enterprise MG-1,
MG-2, MG-3, MG-4 or MG-5, if all the conditions prescribed in Clause 3, Article
8 of Decree No.02/2000/ND-CP are met.
The provincial-level Business Registration
Bureau shall inscribe the serial numbers of the business registration
certificates of enterprises according to the following stipulations:
- The provincial-level code: 2 characters.
- The organizational form code: 1 character, 0
stands for the enterprise, 1 for the branch, 2 for the representative office.
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- The ordinal code according to enterprise form:
6 characters from 000001 to 999999.
Examples on inscription of the business
registration certificate numbers:
- A private enterprise headquartered in Hanoi,
shall have its business registration certificate number inscribed as follows:
0101000002 (the business registration
certificate granted to the second private enterprise in Hanoi).
- The Ho Chi Minh City-based branch of a
joint-stock company shall have its business registration certificate inscribed
as follows:
4113000003 (the operation registration
certificate granted to the third branch of the form of joint-stock company in
Ho Chi Minh City).
- The representative office of a limited
liability company with two or more members, headquartered in Haiphong, shall
have its operation registration certificate inscribed as follows:
0222000004 (the operation registration
certificate granted to the fourth representative office of the form of limited
liability company in Haiphong).
e) In cases where a dossier does not include all
the papers prescribed at Points 1 and 2 of this Section, or contains details
which are inadequate or inconsistent between papers in the dossier; or the
enterprise’s name is identical to or cause confusion with, the name of another
enterprise of the same type, which has already registered its business in the
same province or the same centrally-run city; or the enterprise’s name fails to
meet the stipulations at Points b, c and d of Clause 1, Article 24 of the
Enterprise Law, the provincial-level Business Registration Bureau shall, within
7 days after the receipt of the dossier, must notify the contents of the
amendment and/or supplement requirements as well as the ways of amending and/or
supplementing the business registration dossier to the enterprise founder,
according to form MTB-7.
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a) Registration for setting up branches and/or
representative offices in provinces or centrally-run cities where the
enterprises are headquartered:
- The enterprises send their notices to the
provincial-level Business Registration Bureaus where the enterprises have made
their business registration, according to form MTB-1 to register the
establishment of their branches, according to form MTB-2 to register the
establishment of their representative offices.
- For companies, the valid copies of the
following papers must be produced:
+ For the limited liability companies with two
or more members: The Members Council’s decision on the setting up of branch or
representative office.
+ For the joint-stock companies: The
Shareholders Assembly’s decision or other papers as prescribed by the company’s
charter on the setting up of branch or representative office.
+ For the one-member limited liability
companies: The company owner’s decision or other papers prescribed by the
company’s charter on the setting up of branch or representative office.
+ For partnerships: The partnership members’
decision on the setting up of branch or representative office.
- Upon the receipt of notices, the
provincial-level Business Registration Bureaus must issue receipts according to
form MTB-8 to the enterprises.
- Within 7 days after the receipt of the
notices, the provincial-level Business Registration Bureaus shall grant the
operation registration certificates to branches, according to form MG-7; the
operation registration certificates to representative offices according to form
MG-8, if all the conditions prescribed in Clauses 1 and 3, Article 9 of Decree
No.02/2000/ND-CP are met.
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b) Registration for setting up branches and/or
representative offices in provinces or centrally-run cities other than those
where the enterprises are headquartered:
- The enterprises shall send notices to the
provincial-level Business Registration Bureaus of the localities where their
branches and/or representative offices shall be located, made according to form
MTB-1 to register the establishment of branches, according to form MTB-2 to
register the establishment of representative offices; enclosed with the notices
must be the valid copies of the enterprises’ business registration
certificates.
- For companies, the valid copies of their
charters must be added and the valid copies of the following papers must be
produced:
+ For the limited liability companies with two
or more members: The Members Council’s decision on the setting up of branch or
representative office.
+ For the joint-stock companies: The
Shareholders’ Assembly’s decision or other papers as prescribed by the
company’s charter on the setting up of branch or representative office.
+ For the one-member limited liability
companies: The company owner’s decision or other papers as prescribed by the
company charter on the setting up of branch or representative office.
+ For partnerships: The partnership members’
decision on the setting up of branch or representative office.
- Upon the receipt of the notices, the
provincial-level Business Registration Bureaus of the localities where branches
or representative offices shall be located must issue the receipts according to
form MTB-8 to the enterprises.
- Within 7 days after the receipt of notices,
the provincial-level Business Registration Bureaus of the localities where the
enterprises’ branches or representative offices are based shall grant the operation
registration certificates for the branches, made according to form MG-7, the
operation registration certificates for the representative offices, made
according to form MG-8, if all the conditions prescribed in Clauses 1,2 and 3
of Article 9, Decree No.02/2000/ND-CP are met.
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c) When making any changes in the registered
contents of their branches and/or representative offices, enterprises shall
send their notices, made according form MTB-3, to the provincial-level Business
Registration Bureaus of the localities where the branches and/or representative
offices are based for change of the operation registration certificates of the
branches according to form MG-7, and/or of the representative offices according
to form MG-8.
When changing the names and/or addresses of
their branches and/or representative offices, enterprises shall send notices to
the provincial-level Business Registration Bureaus where they have made their
business registration in order to get change of the business registration
certificates according to form of business registration certificate of each
type of enterprise MG-1, MG-2, MG-3, MG-4 or MG-5.
d) Upon the termination of their branches’
and/or representative offices’ operations, enterprises shall send notices to
the provincial-level Business Registration Bureaus of the localities where the
branches and/or representative offices are based for the recovery of the
operation registration certificates of such branches and/or representative
offices; and at the same time send notices to the provincial-level Business
Registration Bureaus of the localities where the enterprises are headquartered
for change of business registration certificates according to form of the
business registration certificate of each type of enterprise MG-1- MG-2, MG-3.
MG-4, MG-5.
For limited liability companies, partnerships
and joint-stock companies, when their branches and/or representative offices
terminate operations, in addition to the notices, the enterprises must produce
the valid copies of the decisions on operation termination, issued by competent
bodies that have issued the decisions on the establishment of such branches or
representative offices.
e) Where enterprises set up their branches
and/or representative offices overseas, within 15 days after the official
inauguration of their branches or representative offices, enterprises shall
send their notices to the provincial-level Business Registration Bureaus where
they have made their business registration for the supplementation of the
business registration dossiers and change of the business registration
certificate according to form of business registration certificate of each type
of enterprises MG-1, MG-2, MG-3, MG-4 or MG-5.
When changing the addresses or terminating the
operation of their overseas branches or representative offices, enterprises
shall send notices to the provincial-level Business Registration Bureaus where
they have made their business registration for change of business registration
certificate according to form of business registration certificate of each type
of enterprise MG-1, MG-2, MG-3, MG-4 or MG-5.
6. Registration for addition,
change of production and business lines
a) When adding or changing their production and
business lines, enterprises shall send their notices thereon to the
provincial-level Business Registration Bureaus where they have already made
their business registration, made according to form MTB-3.
- If the additionally registered production and
business lines require legal capital, there must also be the competent bodies’
certification of the legal capital determined according to the provisions of
laws, ordinances and decrees on legal capital or the valid certificate of the
enterprise’s capital.
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- For companies, besides the notices, the companies
must produce the valid copies of:
+ For limited liability companies with two or
more members: The Members Council’s decision or other papers as prescribed by
the company’s charter on the addition or change of production and business
lines.
+ For joint-stock companies: The Shareholders’
General Assembly’s decision or other papers as prescribed by the company’s
charter on addition or change of production and business lines.
+ For one-member limited liability companies:
The company owner’s decision or other papers as prescribed by the company�s charter on the addition or
change of production and business lines.
+ For partnerships: The partnership members’
decision on the addition or change of production and business lines.
b) Upon the receipt of notices, the
provincial-level Business Registration Bureaus must issue receipts according to
form MTB-8 to the enterprises.
c) Within 7 days after receiving the notices,
the provincial-level Business Registration Bureaus shall change the business
registration certificates for enterprises according to form of business
registration certificate of each type of enterprise MG-1, MG-2, MG-3, MG-4,
MG-5, if all the conditions prescribed in Clause 1, Article 10 of Decree
No.02/2000/ND-CP are met.
7. Registration for change of
addresses of enterprises’ head-offices
a) Registration for change of addresses of
enterprises’ head-offices within the provinces or centrally-run cities where
the enterprises have made their business registration:
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- For companies, besides the notices, the
companies must also produce the valid copies of:
+ For limited liability companies with two or
more members: the Members Council’s decision on change of the address of the
company’s head-office.
+ For joint-stock companies: The Shareholders� General Assembly’s decision
or other papers as prescribed in the company’s charter on the change of the
address of the company’s head-office.
+ For one-member limited liability companies:
The company owner’s decision or other papers as prescribed in the company’s
charter on the change of the address of the company’s head-office.
+ For partnerships: The partnership members’
decision on the change of address of the company’s head-office.
- Upon the receipt of notices, the
provincial-level Business Registration Bureaus must issue receipts, made
according to form MTB-8, to the enterprises.
- Within 7 days after receiving the notices, the
provincial-level Business Registration Bureaus shall change the business
registration certificates for the enterprises according to form of business
registration certificate of each type of enterprise MG-1, MG-2, MG-3, MG-4 or
MG-5, if all the conditions prescribed in Clause 1, Article 11 of Decree
No.02/2000/ND-CP are met.
b) Registration for relocation of enterprises’
head-offices to provinces or centrally-run cities other than those where the
enterprises have made their business registration:
- The enterprises shall send notices to the
provincial-level Business Registration Bureaus where they have made their
business registration, made according to form MTB-3; and at the same time to the
provincial-level Business Registration Bureaus of the localities where they
plan to locate their new head-offices.
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+ For limited liability companies with two or
more members: The Members Council’s decision on change of the address of the
company’s head-office.
+ For joint-stock companies: The Shareholders’
General Assembly’s decision or other papers as prescribed in the company’s
charter on the change of the address of the company’s head-office.
+ For one-member limited liability companies:
The company owner’s decision or other papers as prescribed in the company’s
charter on the change of the address of the company’s head-office.
+ For partnerships: The partnership members’
decision on the change of the address of the company’s head-office.
- The provincial-level Business Registration
Bureaus where the enterprises have made their business registration and the
provincial-level Business Registration Bureaus of the localities where the
enterprises plan to locate their head-offices must issue the dossier receipts
made according to form MTB-8 to the enterprises.
- Within 15 days after receiving the notices,
the provincial-level Business Registration Bureaus of the localities where the
enterprises plan to locate their new head-offices shall change the business
registration certificates for the enterprises according to form of business
registration certificate of each type of enterprise MG-1, MG-2, MG-3, MG-4,
MG-5, if the enterprises’ names are not identical to or cause confusion with,
the names of other enterprises of the same type which have made business
registration within the provinces or centrally-run cities where the enterprises
move to.
- Where an enterprise’s name is identical to or
causes confusion with, the name of another enterprise of the same type which
has made business registration in the province or centrally-run city where the
enterprise moves to, within 7 days after receiving the notice, the
provincial-level Business Registration Bureau of the locality where the
enterprise plans to locate its new head-office must notify such to the
enterprise and guide it to select another name, according to form MTB-7.
- Within 7 days after being granted the business
registration certificate, the enterprise must send the valid copy of this
business registration certificate and return the previously granted business
registration certificate to the provincial-level Business Registration Bureau
where the enterprise previously made its business registration.
8. Registration for change of
enterprises’ names
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For companies, besides the notices, they must
produce the valid copies of:
- For limited liability companies with two or
more members: The written record of the amendment of the company’s charter; the
Members Council’s decision on the change of the company’s name.
- For joint-stock companies: The written record
of the amendment of the company’s charter; the Shareholders General Assembly’s
decision or other papers as prescribed in the company’s charter on the change
of the company’s name.
- For one-member limited liability companies:
The written record of the amendment of the company’s charter; the company
owner’s decision or other papers as prescribed in the company’s charter on the
change of the company’s name.
- For partnerships: The written record of the
amendment of the company’s charter; the partnership members’ decision on the
change of the company’s name.
b) Upon receiving the notices, the
provincial-level Business Registration Bureaus must issue receipts according to
form MTB-8 to the enterprises.
c) Within 7 days after receiving the notices,
the provincial-level Business Registration Bureaus shall change the business
registration certificates for the enterprises according to form of business
registration certificate of each type of enterprise MG-1, MG-2, MG-3, MG-4 or
MG-5, if the new names of the enterprises are not identical to nor cause
confusion with, the names of other enterprises of the same type, which have
made business registration in the same provinces or centrally-run cities, and
comply with the provisions at Points b, c and d of Clause 1, Article 24 of the
Enterprise Law.
d) Where an enterprise’s new name is identical
to or causes confusion with, the name of another enterprise of the same type,
which has made business registration in the same province or centrally-run
city, or the enterprise’s new name fail to comply with the provisions at Points
b, c and d, Clause 1, Article 24 of the Enterprise Law, the provincial-level
Business Registration Bureau shall, within 7 days after receiving the notice thereon,
have to notify the enterprise thereof and guide it to choose another name,
according to form MTB-7.
9. Registration for change of
enterprises’ representatives at law
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- The companies shall send notices, made
according to form MTB-3, thereon to the provincial-level Business Registration
Bureaus where they have made their business registration. Besides the notices,
the companies must produce the originals of the household registration books or
the people’s identity cards or passports of the new representatives at law, and
the valid copies of:
+ For limited liability companies with two or
more members: The Members Council’s decision on the change of the company’s
representative at law.
+ For joint-stock companies: The Shareholders
General Assembly’s decision or other papers as prescribed in the company’s
charter on the change of the company’s representative at law.
+ For one-member limited liability companies:
The company owner’s decision or other papers as prescribed in the company’s
charter on the change of the company’s representative at law.
+ For partnerships: The partnership members’
decision on the change of the company’s representative at law.
- Where companies are engaged in production and
business lines which require profession- practicing certificates and their
representatives at law are the only persons who have such certificates,
enclosed with the notices must be the profession-practicing certificates of the
to be- replacing representatives at law.
- Upon receiving the notices, the
provincial-level Business Registration Bureaus must issue receipts according
form MTB-8 to the companies.
- Within 7 days after receiving the notices, the
provincial-level Business Registration Bureaus shall change the business
registration certificates for the companies according to form MG-2, MG-3 or
MG-4.
b) Registration for change of partnership
members of partnerships:
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- Where partnership are engaged in production
and business lines which require profession-practicing certificates, upon
receiving the partnership members, in addition to the notices, there must also
be the valid copies of the profession- practicing certificates of the admitted
members.
- Upon receiving the notices, the
provincial-level Business Registration Bureaus must issue the receipts, made
according to form MTB-8, to the companies.
- Within 7 days after receiving the notices, the
provincial-level Business Registration Bureaus shall change the business
registration certificates for the companies, made according to form MG-5.
10. Registration for change of
investment capital of private enterprise owners and the charter capital of
companies
a) When changing investment capital of private
enterprise owners and charter capital of companies, enterprises shall send the
notices thereon to the provincial-level Business Registration Bureaus where
they have made their business registration, according to form MTB-3.
- For companies, besides the notices, the
companies must also produce the valid copies of:
+ For limited liability companies with two or
more members: The Members Council’s decision on the change of charter capital.
+ For joint-stock companies: The Shareholders
General Assembly’s decision or other papers as prescribed in the company’s
charter on the change of the charter capital.
+ For one-member limited liability companies:
The company owner’s decision or other papers as prescribed in the company’s charter
on the change of charter capital.
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- Where enterprises are engaged in production
and business lines which require legal capital, when registering for the
reduction of investment capital of private enterprises or the reduction of the
charter capital of the companies, the post-reduction registered capital levels
must not be lower than the legal capital level applicable to such production
and business lines.
b) Upon receiving the notices, the
provincial-level Business Registration Bureaus must issue the receipts
according to form MTB-8 to the enterprises.
c) Within 7 days after receiving the notices,
the provincial-level Business Registration Bureaus shall change the business
registration certificates for the enterprises according to form of business
registration certificate of each type of enterprise MG-1, MG-2, MG-3, MG-4 or
MG-5.
11. Registration for change of
members of limited liability companies with two or more members,
capital-contributing members of partnerships
a) When limited liability companies with two or
more members change their members without changing the company form or
partnerships change their members, they must send the notices thereon to the
provincial-level Business Registration Bureaus where the enterprises have made
their business registration, according to form MTB-3. Besides the notices, the
companies must also produce papers proving that they have completed the
procedures prescribed in Article 32 of the Enterprise Law, produce the valid
copy of the written agreement or vouchers, dossiers on the transfer of the
contributed capital parts, with certification of the companies’ representatives
at law, produce the original of the household registration books, the people’s
identity cards or passports of the admitted members.
b) Upon receiving the notices, the
provincial-level Business Registration Bureaus must issue the receipts
according to form MTB-8 to the companies.
c) Within 7 days after receiving the notices,
the provincial-level Business Registration Bureaus shall change the business
registration certificates for the enterprises according to form MG-2, MG-5.
12. Notice on temporary
cessation of operation of enterprises
a) At least 15 days before temporarily ceasing
their operations, enterprises shall send the notices thereon to the
provincial-level Business Registration Bureaus where they have already made
their business registration and the tax agencies, according to form MTB-4.
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b) Upon receiving the notices, the
provincial-level Business Registration Bureaus must issue receipts according to
form MTB-8 to the enterprises.
13. Re-granting of business
registration certificates
a) Re-granting of business registration certificates
in case of loss thereof
When losing their business registration
certificates, enterprises must declare such with the police office in the
localities where they have lost their business registration certificates and
the Business Registration Bureaus where their business registration
certificates were granted, and make announcement on the mass media for three
times in a row.
30 days after the announcement, if the
enterprises cannot find their lost business registration certificates, they
shall request the bodies which have granted them the business registration
certificates to re-grant them. The dossiers of requesting the re-granting of
business registration certificates shall include:
- The application for re-granting of the
business registration certificate;
- The police office’s certification of the
declaration of the loss of business registration certificate of the enterprise;
- The receipt of the mass media offices on the
publishing of the announcement on the loss of the business registration certificate
of the enterprise or the paper which has published such announcement.
b) Re-granting of business registration
certificates in cases where the certificates have been torn, wrinkled up,’
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- The application for re-granting of business
registration certificate;
- The original of the torn or wrinkled-up
business registration certificate.
c) Upon receiving the dossiers from enterprises
for cases mentioned at Points a and b of this Section, the provincial-level
Business Registration Bureaus must issue receipts made according to form MTB-8
to the enterprises.
Within five days after receiving the dossiers,
the provincial level Business Registration Bureaus shall re-grant the business
registration certificates to the enterprises according to form of the business
registration certificate of each type of enterprise MG-1, MG-2, MG-3, MG-4,
MG-5. The serial number of the re-granted business registration certificate
shall be the number of the lost, torn or wrinkled-up business registration
certificate and the time of re-granting shall be clearly inscribed in the
business registration certificate.
14. Change of business
registration certificates granted under the Law on Private Enterprises or the
Law on Companies
a) Enterprises shall change their business
registration certificates granted under the Law on Private Enterprises or the
Law on Companies for the business registration certificates with business
registration numbers under the provisions of this Circular in the following
cases:
- The enterprises have lost their seals;
- The enterprises are re-named;
- The enterprises move their head-offices to
other provinces or cities;
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b) The re-granted business registration
certificates shall be inscribed with the date of issuing the first-time
business registration certificates and the date of issuing the re-granted
business registration certificates.
15. The time for using
business registration certificate forms issued together with this Circular (not
printed herewith) to grant business registration to enterprises
a) As from January 1, 2002, the provincial-level
Business Registration Bureaus shall use the business registration certificate
forms issued together with this Circular to grant business registration
certificates to enterprises.
b) For the enterprises which have been granted
business registration certificates before January 1, 2002, when making business
change registration, the provincial-level Business Registration Bureaus shall
use the business registration certificate forms issued together with this
Circular to grant the business change registration for enterprises, including
enterprises which have already been granted the business registration
certificates under the Law on Private Enterprises or the Law on Companies, and
maintain the previous business registration numbers.
Particularly for the Business Registration
Bureaus subject to the pilot national enterprise information network under the
Planning and Investment Minister’s Decision No.194/QD-BKH of May 4, 2001
approving the master plan on development and realization of the national
enterprise information network, the time for using the paper forms prescribed
in this Circular shall follow the pilot plan.
16. Notification and archival
of business registration contents
Within 7 days after granting business
registration certificates, changing business registration certificates,
re-granting business registration certificates or withdrawing business
registration certificates of enterprises, the provincial-level Business
Registration Bureaus shall send the copies of the business registration
certificates, the copies of the changed business registration certificates, the
copies of the re-granted business registration certificates or the notices on
withdrawal of business registration certificates to the Ministry of Planning
and Investment, tax offices, statistical offices, techno-economic branch
managing bodies of the same level, the district-level Business Registration
Bureaus of the localities where the enterprises are headquartered.
After granting business registration
certificates, changing business registration certificates, re-granting business
registration certificates, withdrawing business registration certificates,
receiving notices on temporary cessation of operation of enterprises’, the
provincial-level Business Registration Bureaus shall record the business
registration contents of the enterprises in the business registration books
kept at the Business Registration Bureaus.
II. BUSINESS REGISTRATION FOR
INDIVIDUAL BUSINESS HOUSEHOLDS
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a) Individuals or household representatives
shall file the application for business registration of individual business
households to the district-level Business Registration Bureaus of the
localities where their business locations are situated. Business households
conducting consignment trading or mobile trading within districts shall have to
choose a fixed location like place of household registration, temporary
residence registration, or trade transactions for their business registration.
Individuals or household representatives, when
submitting applications for business registration, must produce the originals
of household registration books or people’s identity cards or passports of the
persons whose names are used in business registration.
In case of conducting production and business
lines which require profession-practicing certificates, the application must be
enclosed with the valid copies of the profession-practicing certificates of
such individuals or household representatives.
b) Upon receiving the business registration
applications, the district-level Business Registration Bureaus must issue the
receipts to the application submitters.
c) Within 7 days after receiving the applications,
the district-level Business Registration Bureaus of the localities where the
individual business households base their business locations shall grant the
business registration certificates to the individual business households
according to form MG-6, if all the conditions prescribed in Clause 3, Article
19 of Decree No.02/2000/ND-CP are met.
The district-level Business Registration Bureaus
shall inscribe the serial numbers of the business registration certificates of individual
business households as follows:
- The code of the province or centrally-run
city: 2 characters.
- The code of the urban district, rural
district, provincial capital or city: 1 character.
- Code of form: 1 character, 8 = individual
business household.
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Examples on the inscription of the serial
numbers of business registration certificates of individual business
households:
- An individual business household having its
business location in Hoan Kiem district, Hanoi city, shall have its business
registration certificate number inscribed as follows:
01C8000002 (the business registration
certificate is granted to the second individual business household in Hoan Kiem
district, Hanoi city).
d) Where the papers prescribed at Point a of
this Section are inadequate or contain unfilled-in details or where the
individual business household’s name is identical to the proper name of another
individual business household which has already made business registration in
the same urban or rural district, the district-level Business Registration
Bureaus shall, within five days after receiving the dossiers, have to clearly
notify the contents which need to be amended and/or supplemented and ways of
amendment and/or supplement to the business registrants, according to form
MTB-7.
2. Production and business
lines inscribed in business registration
The production and business line inscribed in
the business registration of individual business households shall comply with
the provisions of Point 3, Section I of this Circular.
3. Registration for change of
business registration contents
a) When changing the already registered business
contents, individual business households shall send notices thereon to the
district-level Business Registration Bureaus where they have made the
registration.
Where they change to production and business
lines which require profession-practicing certificates, they must send together
with the notice the valid copies of the profession-practicing certificates of
individuals or household representatives.
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c) Within five days after receiving the notices,
the district-level Business Registration Bureaus where the individual business
households have already made the registration shall grant the business
registration certificates to individual business households.
d) In case of moving their business locations to
other urban or rural districts, the individual business households shall send
notices thereon to the district-level Business Registration Bureaus where they
have made registration; and at the same time send such notices to the
district-level Business Registration Bureaus of the localities where they plan
to base their new business locations, together with the valid copies of the
business registration certificates.
- The district-level Business Registration
Bureaus where the individual business households have made their registration
and the district-level Business Registration Bureaus of the localities where
the individual business households plan to base their new business locations
must issue receipts to the individual business households.
- Within five days after receiving the notices,
the district-level Business Registration Bureaus of the localities where the
individual business households plan to base their new business locations shall
change the business registration certificates for the individual business
households; if the individual business households’ names are not identical to
the names of other individual business households which have already made
business registration in the same urban or rural districts where the individual
business households move in.
- Where the individual business households’
names are identical to the names of other individual business households which
have made the business registration in the same urban or rural districts where
the former move in, within five days after receiving the notices, the
district-level Business Registration Bureaus of the localities where the
individual business households plan to base their new business locations must
notify the latter thereof and guide them to choose other names.
- Within five days after being re-granted the
business registration certificates, individual business households must send
the valid copies of these business registration certificates and return the
previously granted business registration certificates to the district-level
Business Registration Bureaus where the individual business households
previously registered their business.
4. Change of previously
granted business registration certificates, re-granting of business
registration certificates with business registration numbers under the
provisions of this Circular
a) From January 1, 2002 to December 31, 2004,
the district-level Business Registration Bureaus shall encourage and create
favorable conditions for individual business households, which have been
granted business licenses under Decree No.66/HDBT of March 2, 1992 or have been
granted business registration certificates under the provisions of Circular
No.03/2000/TT-BKH of March 2, 2000, to register the change for business
registration certificates with business registration numbers prescribed by this
Circular.
b) As from January 1, 2005, the district-level
Business Registration Bureaus shall use the forms of business registration
certificates with business registration numbers prescribed by this Circular to
re-grant the business registration certificates to individual business
households which have been granted the business licenses under Decree
No.66/HDBT of March 2, 1992 or have been granted business registration
certificates under the provisions of Circular No.03/2000/TT-BKH of March 2,
2000.
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5. The time for using the
business registration certificate forms issued together with this Circular to
grant the business registration for individual business households
As from January 1, 2002, the district-level
Business Registration Bureaus shall use the business registration certificate
forms issued together with this Circular to grant the business registration for
the new registering individual business households.
6. Notification and archival
of business registration contents
Within seven days after granting the business
registration certificates, changing the business registration certificates,
re-granting the business registration certificates or withdrawing the business
registration certificates of individual business households, the district-level
Business Registration Bureaus must send the copies of the business registration
certificates, the copies of the changed business registration certificates, the
copies of the re-granted business registration certificates, the notices on
withdrawal of business registration certificates to the tax offices of the same
level.
After granting business registration
certificates, changing business registration certificates, re-granting business
registration certificates, withdrawing business registration certificates or
receiving notices on temporary business cessation,�, the district-level Business Registration
Bureaus shall record the business registration contents of individual business
households in the business registration books kept at the Business Registration
Bureaus.
III. IMPLEMENTATION
PROVISIONS
This Circular shall replace Circular
No.03/2000/TT-BKH of March 2, 2000 of the Ministry of Planning and Investment
and take effect 15 days after its signing.
If in the course of implementation any problem
arises, it should be reported in time to the Ministry of Planning and
Investment for consideration, amendment and supplement.
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MINISTER OF PLANNING AND
INVESTMENT
Tran Xuan Gia