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MEKONG COUNSEL

Circular guiding on enterprise registration

On January 21, 2013, the Ministry of Planning and Investment issued Circular No. 01/2013/TT-BKHDT guiding on enterprise registration. Accordingly, some noticeable regulations shall be as follows:

 

- Enterprises shall be encouraged to register via the National Business Registration System portal (“NBRS”). During the time of error correction/upgrade of the NBRS, enterprises shall continue registering by paper documents. Electronic application shall be in accordance with the roadmap for specific forms of enterprises which shall be displayed on the NBRS.

 

- A 5-digit code from 00001 to 99999 shall be assigned to each business location by the tax agency and sent to the provincial business registration office for writing on the Certificate of Enterprise Registration or Certificate of Branch Operation Registration. This code shall not be considered the tax code of the business location.

 

- Issuance of forms used for enterprise registration as follows:

 

+ Application for enterprise registration, lists of members or founding shareholders, authorized representatives shall use forms in Appendix I of this Circular;

 

+ Notices and other documents issued by enterprises shall use forms in Appendix II of this Circular;

 

+ Business household registration shall use forms in Appendix III of this Circular.

 

- Dossiers for change of the owner of a sole member limited liability company due to inheritance or being given as a gift; order and procedures for online enterprise registration using public e-signature and business registration account on the NBRS shall be detailed.

 

- The NBRS shall support electronic payment of fees, charges. The service fee for using electronic payment shall be exclusive from enterprise registration charges and fees for enterprise registration information provision and for enterprise registration publishing.

 

- Upon discovery of absence or incorrect information of enterprise registration contents on the NBRS, enterprises shall send a request (under a set form) together with a photocopy of the Certificate of Enterprise Registration to the provincial business registration office where the enterprise is headquartered for supplement, amendment of the information. The time limit for the authorities to amend, supplement the requested information shall be five (05) working days.

 

- Enterprises shall be responsible for supplementing all missing information in the enterprise registration dossiers upon registration of change, including: telephone number, fax, email, website, in which telephone number is mandatory.

 

This Circular shall be effective fromApril 15, 2013, replace Circular No. 14/2010/TT-BKH dated June 04, 2010 guiding on some contents on dossiers, order, and procedures for enterprise registration as regulated in Decree No. 43/2010/ND-CP dated April 15, 2010 of the Government on enterprise registration.

 

Remarks: Files attached.