Circular No. 01/2021/TT-BKHDT providing guidance on enterprise registration

CIRCULAR

Guiding enterprise registration^[1]

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 November 26, 2019 Law on Securities;

Pursuant to the Government’s Decree No. 86/2017/ND-CP of July 25, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Government’s Decree No. 122/2020/ND-CP of October 15, 2020, prescribing inter-agency coordination in settlement of procedures for registration of establishment of enterprises, branches and representative offices, declaration of labor use, grant of identification numbers of units participating in social insurance, and registration for use of invoices of enterprises;

Pursuant to the Government’s Decree No. 01/2021/ND-CP of January 4, 2021, on enterprise registration; 

At the proposal of the Director of the Enterprise Registration Management Department,

The Minister of Planning and Investment promulgates the Circular guiding enterprise registration.

Article 1. Scope of regulation and subjects of application

1. This Circular promulgates forms to be used in, and guides in detail some issues related to, registration of enterprises and registration of business households. Forms promulgated together with this Circular shall be uniformly used nationwide.

2. This Circular applies to subjects specified in Article 2 of the Government’s Decree No. 01/2021/ND-CP of January 4, 2021, on enterprise registration.

Article 2. Conversion of enterprise registration data into the national business registration database

Business registration divisions and investment registration agencies shall convert business registration information of enterprises, branches, representative offices and business locations of enterprises from locally stored dossiers and data into the national business registration database. Information added to the national business registration database must be identical with the original information on enterprises in the enterprise registration dossiers.

Article 3. Digitalization and storage of enterprise registration dossiers in the national business registration database

1. When granting enterprise registration certificates, business registration divisions shall digitalize and give e-documents titles which are consistent with the titles of documents in paper enterprise registration dossiers directly submitted to business registration divisions and fully stored in the national business registration database.

2. For enterprise registration dossiers not yet digitalized before the effective date of this Circular, business registration divisions shall digitalize and give e-documents titles which are consistent with the titles of documents in  paper  dossiers and fully store them in the national business registration database. Business registration divisions shall take responsibility for the quality of digitalized enterprise registration dossiers.

Article 4. Standardization of enterprise registration data in the national business registration database

1. Based on locally managed enterprise registration information stored in the national business registration database, a business registration division shall send a notice of review of enterprise registration information and legal status of the enterprise, and request the latter to check, add and update information and send feedback to the business registration division within 90 days after the business registration division sends such notice. The enterprise shall take responsibility for the truthfulness and accuracy of such feedback.

2. Business registration divisions shall assume the prime responsibility for, and coordinate with tax agencies and other related agencies in, formulating implementation plans and annual state budget plans to serve the standardization of enterprise registration data stored in the national business registration database for locally managed enterprises.

Article 5. Provision of enterprise registration information

1. Organizations and individuals may request provision of information specified in Clause 1, Article 33 of the Law on Enterprises by the Ministry of Planning and Investment (the Business Registration Supporting Center under the Business Registration Management Agency) or at business registration divisions of localities where enterprises’ head offices are based or via the National Business Registration Portal and shall pay the prescribed charges.

The Business Registration Supporting Center is competent to provide information of all enterprises stored in the national information system on business registration. Business registration divisions are competent to provide information on locally managed enterprises stored in the national business registration database.

2. Charge rates for the provision of information shall be prescribed by law.

Article 6. Responsibility for implementation organization

Business registration divisions, district-level business registration agencies, enterprises, business households and organizations and individuals involved in registration of enterprises and registration of business households shall implement this Circular.

Article 7. Implementation provisions

1. This Circular takes effect on May 1, 2021.

2. This Circular replaces the Minister of Planning and Investment’s Circular No. 20/2015/TT-BKHDT of December 1, 2015, guiding enterprise registration, and Circular No. 02/2019/TT-BKHDT of January 8, 2019, amending and supplementing a number of articles of Circular No. 20/2015/TT-BKHDT.

3. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Planning and Investment for study, amendment and supplementation.-

Minister of Planning and Investment
NGUYEN CHI DUNG