The Ministry of Planning and Investment to guide the change of information on the Certificate of Business Registration due to the merger of a district or commune in Vietnam

The Ministry of Planning and Investment to guide the change of information on the Certificate of Business Registration due to the merger of a district or commune in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On August 2, 2023, the Ministry of Planning and Investment of Vietnam issued Official Dispatch 6183/BKHDT-KTDPLT, guiding a number of contents in the process of arranging administrative units at district and commune levels in the 2023–2030 period.

The Ministry of Planning and Investment to guide the change of information on the Certificate of Business Registration due to the merger of a district or commune in Vietnam

Specifically, the Ministry of Planning and Investment shall guide localities to change information on registration certificates: enterprises, cooperatives, unions of cooperatives, and business households; Branches, representative offices, business locations of enterprises, cooperatives, and unions of cooperatives due to changes in boundaries and names of administrative officers at district and commune levels shall be arranged as follows:

Currently, the change of information on the registration certificate is: enterprises, cooperatives, unions of cooperatives, business households; branches, representative offices, business locations of enterprises, cooperatives, and unions of cooperatives due to changes in geographical boundaries, names of administrative units at district and commune levels; to arrange for implementation according to the provisions of Decree 01/2021/ND-CP and Decree 193/2013/ND-CP.

Therefore, in case of change of information on the Certificate of Registration: enterprises, cooperatives, unions of cooperatives, business households; branches, representative offices, business locations of enterprises, cooperatives, and unions of cooperatives due to changes in geographical boundaries, names of administrative units at district and commune levels, business registration agencies, and cooperative registration agencies in provinces and centrally run cities shall continue to comply with current regulations.

The Ministry of Planning and Investment to guide the implementation of public investment capital sources in the districts and communes subject to merger in Vietnam

For the implementation of public investment capital at administrative units at district and commune levels, the Ministry of Planning and Investment guides as follows:

- The proposal for the implementation of public investment projects must be consistent with the development objectives in the socio-economic development strategy, the five-year and annual socio-economic development plan of the country and the sector, sectors, localities, and approved plannings, 5-year financial plans, 5-year plans for borrowing and repaying public debts; consistent with the ability to balance public investment capital; and ensuring the principles of medium-term and annual public investment planning as prescribed in Article 48 of the Law on Public Investment.

- The approval of investment projects shall comply with the principles specified in Clause 3, Article 25, of Resolution 35/2023/UBTVQH15, specifically as follows:

(1) Public investment programs and projects that have been allocated capital in the annual public investment plan are decided by competent authorities before the date of the resolution of the National Assembly Standing Committee on the arrangement for each effective administrative unit, continue to comply with the investment plan decided by the competent authority.

(2) Public investment programs and projects that have been allocated capital in the medium-term public investment plan for the 2021–2025 period, but have not yet been allocated the annual capital plan before the date of the resolution of the National Assembly Standing Committee regarding the arrangement for each administrative unit that takes effect, the adjustment of the decision on investment policies, and the decision on investment in the program or project shall comply with the law on public investment.

(3) Programs and projects that have had investment policies but have not been included in the medium-term public investment plan for the 2021–2025 period prior to the date of the resolution of the National Assembly Standing Committee on the arrangement for each effective administrative unit, the adjustment of the decision on investment policies and the decision on investment in the program or project shall comply with the law on public investment.

More details can be found in Official Dispatch 6183/BKHDT-KTDPLT, dated August 2, 2023.

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