Procedures for registration of changes in registered contents of artels in Vietnam (latest)

Procedures for registration of changes in registered contents of artels in Vietnam (Internet image)

On August 13, 2024, the Ministry of Planning and Investment of Vietnam issued Decision 1739/QD-BKHDT on announcing new, amended, supplemented, replaced administrative procedures, abolished, canceled, and publicly canceled procedures in the field of establishment and operation of artels, artel alliances within the scope of management functions of the Ministry of Planning and Investment of Vietnam.

Procedures for registration of changes in registered contents of artels in Vietnam

(1) Implementation Order:

* In case of direct registration:

The representative of the artel that has registered according to the provisions of Decree 92/2024/ND-CP is responsible for registering changes with the district-level business registration authority where the artel is headquartered within 10 days from the date of change in one or several of the following contents: (1) Name of the artel; (2) Address of the artel’s headquarters; (3) Business sectors; (4) Total contributed capital value; (5) Representative of the artel; and (6) Taxpayer registration information. Specifically:

- When changing the registered contents of the artel as stipulated in points a, c, and d clause 1 Article 60 of Decree 92/2024/ND-CP (including: Name of the artel, Business sectors, and Total contributed capital value), the artel shall submit a change registration dossier to the district-level business registration authority where the artel is headquartered.

- When the artel changes its headquarters address, the artel shall submit the change registration dossier stipulated in clause 2 Article 60 of Decree 92/2024/ND-CP to the district-level business registration authority where the artel intends to relocate. In case the relocation results in a change of the directly managing tax authority, the artel must carry out procedures with the tax authority regarding the relocation as per tax law before registering the change of headquarters address with the district-level business registration authority.

- In case of changing the representative of the artel, the artel must submit the change registration dossier to the district-level business registration authority where the artel is headquartered.

- In case the artel changes taxpayer registration information without changing business registration content, except for changes in tax calculation methods, the artel shall submit the change registration dossier to the district-level business registration authority where the artel is headquartered.

After receiving the change registration dossier, the district-level business registration authority shall issue a receipt to the submitter.

Within 03 working days from the date of receipt of the dossier, the district-level business registration authority is responsible for reviewing the validity of the dossier and issuing the artel Registration Certificate in case the artel changes the registered contents stipulated in points a, b, d, and dd clause 1 Article 60 of Decree 92/2024/ND-CP or a confirmation of change of registered contents in case the artel changes the registered contents stipulated in points c and e clause 1 Article 60 of Decree 92/2024/ND-CP if the artel so requests; in case the dossier is invalid or the requested name of the artel is not compliant with regulations, or the information declared in the registration dossier is inconsistent, the district-level business registration authority shall notify in writing the required amendments and supplements.

* In case of electronic registration:

- The submitter uses an electronic identification account to access the artel Registration Information System.

- The submitter declares the information, uploads electronic documents, signs and authenticates the registration dossier electronically, and pays the fee according to the artel Registration Information System’s process.

- After completing the submission of the registration dossier, the submitter will receive a dossier receipt in their account on the artel Registration Information System.

- The registered artel information on the artel Registration Information System is transmitted to the taxpayer registration application system for coordination and information exchange between the district-level business registration authority and the tax authority.

- If the dossier meets conditions for issuing artel registration, the district-level business registration authority issues the registration to the artel in paper or electronic form. If the dossier is invalid or the requested artel name is non-compliant or the information declared in the registration dossier is inconsistent, the district-level business registration authority sends an electronic notification to the artel requesting amendments or supplements to the dossier. The submitter uses their account to access the artel Registration Information System to receive feedback about the dossier processing results.

(2) Method of Implementation:

The registration dossier is submitted to the business registration authority by one of the following methods:

- Direct submission at the business registration authority;

- Via postal service;

- Online through the artel Registration Information System/National Public Service Portal.

(3) Dossier Components:

* The dossier includes:

- In case of changing: Name of the artel; Business sectors; Address of the artel’s headquarters; and Total contributed capital value:

(1) Application for change of artel registration content;

(2) Copy or original minutes of the artel members' meeting on the change of artel registration content.

- In case of changing the representative of the artel:

(1) Application for change of artel registration content;

(2) Copy or original minutes of the artel members' meeting on the change of representative;

(3) Copy or original authorization document from the artel members to an individual or legal entity as the new representative of the artel.

- In case the artel changes taxpayer registration information without changing business registration content, except for changes in tax calculation methods:

(1) Application for change of artel registration content.

* In case of electronic registration:

The registration dossier on the electronic medium includes documents prescribed by the artel Law 2023 and Decree No. 92/2024/ND-CP presented in electronic form. The electronic registration dossier has the same legal value as a paper registration dossier.

* In case of authorization to perform the procedure:

+ The individual signing the application for artel registration may authorize another organization or individual to perform the artel registration procedure as follows:

In case of authorizing an individual to perform the artel registration procedure, the dossier must include an authorization document for the individual to perform the procedure related to artel registration. This authorization document does not need to be notarized or authenticated;

In case of authorizing an organization to perform the artel registration procedure, the registration dossier must include a copy of the service contract with the service organization, an introduction letter, or a task assignment document of that organization to the individual directly performing the procedure related to artel registration.

+ In case of performing the artel registration procedure via postal service, when performing the procedure, the postal staff must submit a copy of the delivery receipt form issued by the postal service provider with the signature of the postal staff and the authorized signatory of the registration application.

+ In case of authorizing a non-public postal service provider to perform the artel registration procedure, the authorization procedure follows the regulations at point b clause 2 Article 12 of Decree 92/2024/ND-CP on artel registration.

For detailed contents, refer to Decision 1739/QD-BKHDT which comes into force in Vietnam from August 13, 2024.

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