Decree No.96/2015/ND-CP on Guidelines for Articles of Law on Enterprise

DECREE

GUIDELINES FOR SOME ARTICLES OF THE LAW ON ENTERPRISES

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

Pursuant to the Law on Enterprises dated November 26, 2014;

At the request of the Minister of Planning and Investment;

The Government promulgates a Decree to provide guidelines for some Articles of the Law on Enterprises.

Article 1. Scope and regulated entities

1. This Decree provides guidelines for Article 10, Article 44, Article 189, and Article 208 of the Law on Enterprises.

2. This Decree applies to enterprises, agencies, organizations, and individuals (hereinafter referred to as entities) prescribed in Article 2 of the Law on Enterprises.

3. Regulations on corporate seals in this Decree apply to joint-stock companies, limited liability companies, partnerships, and private enterprises that apply for enterprise registration in accordance with the Law on Enterprises and the Law on Investment. Organizations/units established under the following laws shall apply effective regulations on management and use of seals instead of regulations of this Decree:

a) The Law on Notarization;

b) The Law on Lawyers;

c) The Law on Legal expertise;

d) The Law on Insurance Business;

dd) The Law on Securities;

e) The Law on Cooperatives.

Article 2. Policies on development of social enterprises

1. The States encourages organizations and individuals to establish social enterprises that aim to resolve social issues, environmental issues, and operate for public interest.

2. Social enterprises shall be given investment incentives as prescribed by law.

3. Social enterprises shall perform all corresponding rights and obligations of their business types as well as other rights and obligations prescribed by the Law on Enterprises and this Decree. 

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Article 20. Effect

This Decree replaces the Government's Decree No. 102/2010/NĐ-CP dated October 01st 2010, specifying the implementation of a number of articles of the Law on Enterprises and comes into force from December 08, 2015.

Article 21. Implementation

1. 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.

2. The Ministry of Planning and Investment shall provide guidance and set forms serving administrative procedures as prescribed by this Decree.

3. The People’s Committees of provinces are responsible for formulating and promulgating a mechanism for cooperation among affiliated agencies and the People’s Committees of inferior levels in information exchange and development of risk management systems in monitoring enterprises./.