On January 04, 2021, the Government of Vietnam issued the Decree No. 01/2021/NĐ-CP on enterprise registration in Vietnam.
According to Article 17 of the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, State management of enterprise registration is stipulated as follows:
1. The Ministry of Planning and Investment shall:
- Promulgate or request competent authorities to promulgate legislative documents on enterprise registration and household business registration and guidelines for document templates and reporting serving enterprise registration, household business registration, and online enterprise registration;
- Provide professional instructions and training for business registration authorities, business registration officials and any entities in demand; provide instructions for Business Registration Offices on document digitalization, data standardization and update enterprise registration data in their provinces on the National Enterprise Registration Database;
- Expedite, direct, monitor and supervise the enterprise registration process;
- Provide information about enterprise registration, legal status, financial statements and other information of enterprises on the National Enterprise Registration Database for relevant agencies of the Government and any entities in demand;
- Organize the establishment, management and development of the National Enterprise Registration Information System; assist Business Registration Offices, enterprises, their founders and other entities in using the National Enterprise Registration Information System; provide instructions on building up local funds for operation of the National Enterprise Registration Information System;
- Take charge and cooperate with the Ministry of Finance in the connection between the National Enterprise Registration Information System and the tax registration information system;
- Take charge and cooperate with the Ministry of Finance in formulating a plan for adoption of interconnected procedures for business registration and tax registration for household businesses in conformity with actual conditions.
- Engage in international cooperation in enterprise registration.
2. The Ministry of Finance shall:
- Cooperate with the Ministry of Planning and Investment in connecting the National Enterprise Registration Information System and tax registration information system in order to issue enterprise ID numbers, ID numbers of enterprises’ affiliates and business locations and exchange of information about enterprises;
- The State Securities Commission of Vietnam (SSC) shall transfer data on securities companies, securities investment fund management companies, branches in Vietnam of foreign securities companies, and provide the list of securities companies, securities investment fund management companies, branches in Vietnam of foreign securities companies that meet the conditions laid down in Clause 1 Article 135 of the Law on Securities of Vietnam for business registration authorities for considering granting enterprise registration certificates to such entities in accordance with the Law on Securities.
3. Ministries, ministerial agencies, Governmental agencies, within the ambit of their assigned functions, tasks and powers, have the responsibility to provide instructions on regulations on business conditions; carry out inspections and take actions against any failure to satisfy business conditions; review and publish the list of conditional business lines and business conditions on their websites; send them to the Ministry of Planning and Investment for publishing on the National Business Registration Portal.
4. Provincial-level People’s Committees shall provide adequate human resources, funding, and other resources for business registration authorities to perform their tasks and powers as prescribed herein.
More details at the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, effective from January 04, 2021.
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