Nghị định 01/2021/NĐ-CP về đăng ký doanh nghiệp

THE GOVERNMENT

THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness

No. 01/2021/ND-CP

Hanoi, January 4, 2021

DECREE

On enterprise registration[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and Law on Organization of Local Administration;

Pursuant to the June 17, 2020 Law on Enterprises;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 13, 2019 Law on Tax Administration;

Pursuant to the June 16, 2010 Law on Credit Institutions;

Pursuant to the November 20, 2017 Law Amending and Supplementing a Number of Articles of the Law on Credit Institutions;

Pursuant to the November 26, 2019 Law on Securities;

Pursuant to the June 18, 2013 Law on Science and Technology;

Pursuant to the June 14, 2019 Law on Execution of Criminal Judgments;

Pursuant to the June 19, 2014 Law on Bankruptcy;

Pursuant to the November 29, 2005 Law on E-Transactions;

Pursuant to the November 19, 2015 Law on Cyberinformation Security;

Pursuant to the June 12, 2018 Law on Cyber Security;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree on enterprise registration.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides in detail dossiers, order and procedures for registration of enterprises; registration of business households; business registration agencies, and state management of registration of enterprises and registration of business households.

2. Interconnection in performance of procedures for registration of the establishment of enterprises, branches and representative offices, declaration of employment, issuance of social insurance identification numbers, and registration of the use of invoices by enterprises must comply with the Government’s Decree on coordination and interconnection in performance of procedures for registration of the establishment of enterprises, branches and representative offices, declaration of employment, issuance of social insurance identification numbers, and registration of the use of invoices by enterprises.

Article 2. Subjects of application

1. Domestic organizations and individuals; and foreign organizations and individuals that make enterprise registration in accordance with Vietnam’s law.

2. Individuals and household members who make business household registration in accordance with this Decree.

3. Business registration agencies.

4. Tax administration offices.

5. Other organizations and individuals involved in the registration of enterprises or registration of business households.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Enterprise registration means registration by an enterprise founder of information on the to-be-established enterprise or by an enterprise of changes in enterprise registration information with the business registration agency which shall be stored in the national business registration database. Enterprise registration covers registration of the establishment of enterprises, registration of the operation of branches, representative offices and business locations, and other registration and notification obligations as prescribed in this Decree.

2. National information system on business registration referred to in Clause 19, Article 4 of the Law on Enterprises means a specialized information system on business registration which is developed and operated by the Ministry of Planning and Investment in coordination with related agencies to send, receive, store, display or otherwise process data for enterprise registration.

3. National business registration database means a collection of data on enterprise registration nationwide. Information in enterprise registration dossiers and legal status of enterprises stored in the national business registration database is as legally valid as primary-source information on enterprises.

4. Dossier submitter means a person competent to sign enterprise registration requests or a person authorized by the person competent to sign enterprise registration requests to carry out enterprise registration procedures in accordance with Article 12 of this Decree.

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