THE GOVERNMENT
No. 78/2015/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness Hanoi, September 14, 2015 |
DECREE
On enterprise registration[1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2014 Law on Enterprises;
Pursuant to the November 26, 2014 Law on Investment;
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 16, 2010 Law on Credit Institutions;
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
This Decree prescribes in detail dossiers, the order and procedures for registration of enterprises and business households; and business registration agencies and agencies performing state management of enterprise registration.
Article 2.Subjects of application
This Decree applies to the following subjects:
1. Domestic organizations and individuals and foreign organizations and individuals that make enterprise registration in accordance with Vietnam’s law.
2. Individuals, groups of individuals and households that make business household registration under this Decree.
3. Business registration agencies.
4. Tax agencies.
5. Other organizations and individuals involved in enterprise registration.
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 or expected changes in enterprise registration information with the business registration agency which shall be stored on the national enterprise registration database. Enterprise registration includes registration of establishment of enterprise, registration of changes in enterprise registration contents and other compulsory registration and notification prescribed in this Decree.
2. National enterprise registration information system means a specialized enterprise registration information system developed and operated by the Ministry of Planning and Investment in coordination with related agencies to transmit, receive, store, display or otherwise process data for enterprise registration.
3. National enterprise registration portal means an electronic portal for organizations and individuals to make online enterprise registration, access enterprise registration information and announce enterprise registration contents, and for the grant of enterprise registration certificates by business registration agencies.
4. National enterprise registration database means a collection of data on enterprise registration nationwide. Information in enterprise registration dossiers and on the legal status of enterprises stored in the national enterprise registration database is as legally valid as original information on enterprises.
5. Online enterprise registration means enterprise registration by enterprise founders or enterprises via the national enterprise registration portal.
6. Dossier for online enterprise registration means an enterprise registration dossier submitted via the national enterprise registration portal, comprising the same documents as required for a paper dossier and converted into electronic files. A dossier for online enterprise registration is as legally valid as a paper one.
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