Vietnam: Contents of inspection on compliance with the law on enterprises and enterprise registration

According to Circular No. 08/2014/TT-BKHDT of the Ministry of Planning and Investment of Vietnam, the inspection of compliance with the legal regulations in the field of enterprise and business registration includes the following specific contents:

Compliance with regulations on establishment and business registration of different types of enterprises, as well as dependent units of enterprises and household businesses:

Regarding the provincial- and district-level Business Registration Agencies, inspect the following contents:

- Implementation of regulations in receiving and processing applications on registration, changes to registration information of enterprises, branches/representative offices, business locations and household businesses;

- Implementation of regulations on time limits for issuance of Enterprise Registration Certificates, Certificates of Operation of branches/representative offices, Certificates of Registration of household businesses;

- Implementation of regulations on backup of documents and records; provision of enterprise registration information;

- Implementation of regulations on compilation of reports on the results of business registration;

- Inspection of the operations of enterprises, branches/representative offices, business locations, and household businesses;

- Revocation of Enterprise Registration Certificates, Certificates of Operation of branches/representative offices, Certificates of Registration of household businesses;

- Settlement of complaints, suggestions, and feedback related to the establishment and registration of enterprises, branches/representative offices, business locations and household businesses.

Regarding enterprises, household businesses and branches/representative offices, inspect the following contents:

- Declaration of registration information of enterprises, branches/representative offices, business locations and household businesses;

- Implementation of registration of changes to registration information of enterprises, household businesses and branches/representative offices (if any) according to regulations;

- Implementation of regulations on the founders of enterprises, legal representatives, and the hiring of directors of sole proprietorships.

Compliance with the contents stated in the Business Registration Certificate for different types of enterprises and the Business Registration Certificate for household businesses

Specifically, inspect the following contents:

- Implementation of regulations on registration of the headquarters of enterprises and the business locations of household businesses;

- Implementation of regulations on display of signage for enterprises, branches/representative offices, business locations and household businesses;

- Implementation of regulations on registration of capital contribution for enterprises, the time limit of capital contribution, and the issuance of certificates for capital contribution;

- Implementation of regulations on making and archiving member registration books and shareholder registration books;

- Implementation of regulations on temporary suspension of business operations.

Compliance with regulations on the organization, management, and operation of different types of enterprises

Specifically, inspect the following contents:

- Compliance with the regime of archiving records, documents, and seals at the headquarter of the enterprise;

- Establishment and operation of the Board of Controllers (if any);

- Implementation of regulations on the procedures and processes for conducting the General Meeting of Shareholders, Board of Directors, and Board of Members;

- Appointment of individuals holding managerial positions, including Directors (General Directors) of the enterprise.

Compliance with regulations on division, separation, merger, consolidation, conversion, and dissolution of different types of enterprises

Regarding the provincial-level Business Registration Agencies, inspect the following contents:

- Implementation of regulations in receiving and processing requests for division, separation, merger, consolidation, conversion, and dissolution of different types of enterprises;

- Revocation of Enterprise Registration Certificates in cases of division, separation, merger, consolidation, conversion, and dissolution.

Regarding enterprises, inspect the following contents:

- Implementation of the procedures and processes for the dissolution of the enterprise;

- Notification of the termination of existence for enterprises that are divided, separated, merged, or consolidated.

Compliance with regulations on providing and disclosing business registration information

Regarding the provincial- and district-level Business Registration Agencies, inspect the following contents:

- Coordination in the construction, management, and operation of the National Enterprise Information System, the Household Business Information System within the local area;

- Provision of information on business registration and household businesses upon request.

Regarding enterprises, inspect the following contents:

- Implementation of regulations on providing business registration information to the Business Registration Office as prescribed;

-  Implementation of regulations on disclosing business registration information on the National Business Registration Portal;

- Implementation of regulations on temporary suspension and dissolution of enterprises, termination of operations of branches/representative offices, business locations;

- Implementation of notifying the lease of the enterprise for sole proprietorships.

View more details at Circular No. 08/2014/TT-BKHDT of the Ministry of Planning and Investment of Vietnam.

- Thuy Phu -

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