Circular No. 02/2019/TT-BKHDT dated January 08, 2019 of the Ministry of Planning and Investment on amending and supplementing a number of articles of the Ministry of Planning and Investment’s Circular No. 20/2015/TT-BKHDT of December 1, 2015, guiding enterprise registration

CIRCULAR

Amending and supplementing a number of articles of the Ministry of Planning and Investment’s Circular No. 20/2015/TT-BKHDT of December 1, 2015, guiding enterprise registration^[1]

Pursuant to the November 26, 2014 Law on Enterprises;

Pursuant to the November 29, 2006 Law on Tax Administration;

Pursuant to the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Law on Tax Administration;

Pursuant to the June 12, 2017 Law on Support for Small- and Medium-Sized Enterprises;

Pursuant to the Government’s Decree No. 78/2015/ND-CP of September 14, 2015, on enterprise registration;

Pursuant to the Government’s Decree No. 108/2018/ND-CP of August 23, 2018, amending and supplementing a number of articles of the Government’s Decree No. 78/2015/ND-CP of September 14, 2015, on enterprise registration;

Pursuant to the Government’s Decree No. 96/2015/ND-CP of October 19, 2015, detailing a number of articles of the Law on Enterprises;

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;

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

The Minister of Planning and Investment promulgates the Circular amending and supplementing a number of articles of the Ministry of Planning and Investment’s Circular No. 20/2015/TT-BKHDT of December 1, 2015, guiding enterprise registration.

Article 1. To amend and supplement a number of articles of the Ministry of Planning and Investment’s Circular No. 20/2015/TT-BKHDT of December 1, 2015, guiding enterprise registration

1. To amend Article 2 as follows:

“Article 2. Promulgation and use of forms for registration of enterprises and business households

1. To promulgate together with this Circular forms for registration of enterprises and business households.

2. Forms promulgated together with this Circular shall be uniformly used nationwide and replace the forms promulgated together with the Ministry of Planning and Investment’s Circular No. 20/2015/TT-BKHDT of December 2015, guiding enterprise registration.”

2. To amend Article 4 as follows:

“Article 4. Enterprise registration dossiers for enterprises that adopt decisions by collection of written opinions

When the Members’ Council of a limited liability company or the Shareholders’ General Meeting of a joint-stock company adopts a decision by collection of written opinions in accordance with the Law on Enterprises, the minutes of the meeting in an enterprise registration dossier prescribed in Decree No. 78/2015/ND-CP and Decree No. 108/2018/ND-CP may be replaced by the vote counting record made by the Members’ Council of the limited liability company or the vote counting record made by the Shareholders’ General Meeting of the joint-stock company.

3. To amend Clause 1, Article 5 as follows:

“1. In case of a change in information about founding shareholders of a joint-stock company, the company shall notify such change to the business registration section of the locality where its head office is based under Clause 16, Article 1 of Decree No. 108/2018/ND-CP. Changes in information about founding shareholders may only be made for unlisted joint-stock companies.”

4. To amend Clause 3, Article 6 as follows:

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