Decree No.78/2015/ND-CP on Enterprise Registration

DECREE

ENTERPRISE REGISTRATION

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to Law on Enterprises dated November 26, 2014;

Pursuant to Law on Investment dated November 26, 2014;

Pursuant the Law on Tax administration dated November 29, 2006;

Pursuant the Law on the amendments to the Law on Tax administration dated November 20, 2012;

Pursuant to the Law on Credit institutions dated June 16, 2010;

At the request of the Minister of Planning and Investment,

The Government promulgates a Decree on enterprise registration.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with necessary documents and procedures for registration of enterprises and business households; business registration authorities

Article 2. Regulated entities

This Decree applies to:

1. Vietnamese, foreign organizations and individuals (hereinafter referred to as entities) applying for enterprise registration under Vietnam’s law;

2. Individuals, groups of individuals, and households applying for registration of business households under this Decree;

3. Business registration authorities;

4. Tax authorities;

5. Other entities involved in enterprise registration.

Article 3. Interpretation of terms

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

1. Enterprise registration means the enterprise’s founder registering information about the enterprise to be established; an enterprise registering changes or intended changes in information about enterprise registration with the business registration authority, which is retained in National Enterprise Registration Database. Enterprise registration includes registration of enterprise establishment, registration of changes of enterprise registration information, and other obligation to register, notify under this Decree.

2. National Enterprise Registration Information System  means the system of dedicated information about enterprise registration established and operated by the Ministry of Planning and Investment in cooperation with other agencies to send, receive, store, display, or perform other tasks serving enterprise registration.

3. National Business Registration Portal is an electronic information portal for entities to apply for enterprise registration online, access information about enterprise registration, publish enterprise registration information, and for business registration authorities to issue certificates of enterprise registration.

4. National Enterprise Registration Database is the collection of data about enterprise registration nationwide. Information in the application for enterprise registration and legal status of the enterprise stored in National Enterprise Registration Database are considered original information about the enterprise.

5. Online enterprise registration means the enterprise’s founder or the enterprise applying for enterprise registration via National Business Registration Portal.

6. Online application for enterprise registration means the application for enterprise registration submitted via National Business Registration Portal which consists of the same documents as those of the paper application that are converted into digital formats. An online application for enterprise registration is as valid as a paper one.

7. Electronic document means electronic data created online or scanned from a paper document in the .doc or .pdf format, which contains the exact and complete information on the paper document.

8. Public digital signature means a form of electronic signature prescribed by regulations of law on digital signature and authentication of digital signature.

9. Business registration accounts are accounts created by National Enterprise Registration Information System for organizations and individuals to apply for enterprise registration online. Business registration accounts are used for authentication of online application for enterprise registration in case the enterprise’s founder or the enterprise does not use a public digital signature.

10. Legitimate copies of documents in the application for enterprise registration are copies taken from the master register or copies authenticated by a competent authority, or copies that have been compared to the originals.

11. Document digitalization means scanning information on papers and converting them into electronic documents.

12. Data standardization means reviewing, comparing, and adjusting information about enterprise registration and status of enterprises in National Enterprise Registration Database.

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Article 82. Effect

1. This Decree comes into force from November 01, 2015.

2. This Decree replaces the Government's Decree No. 43/2010/ND-CP dated April 15, 2010 on business registration and the Government's Decree No. 05/2013/ND-CP dated January 09 2013 on amendments to some articles on administrative procedures of the Decree No. 43/2010/ND-CP.

Article 83. Responsibility for implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, and entities regulated by this Decree are responsible for the implementation of this Decree./.