What are the business registration authorities in Vietnam?

What are the business registration authorities in Vietnam? (Internet image)

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

1. What are the business registration authorities in Vietnam?

Each of provinces and central-affiliated cities (hereinafter referred to as “provincial level”) and urban/suburban districts, district-level towns and provincial cities (hereinafter referred to as “district level”) shall have a business registration authority. To be specific:

- The provincial-level business registration authority is the Business Registration Office which is affiliated to the provincial Department of Planning and Investment (hereinafter referred to as “Business Registration Office”).

Each Business Registration Office may open branches within the province to receive applications and return results;

- The district-level business registration authority is the Finance – Planning Department affiliated to the district-level People’s Committee (hereinafter referred to as “district-level business registration authority”).

Each business registration authority has its own account and seal.

(Article 14 of Decree 01/2021/ND-CP)

2. Tasks and powers of Business Registration Offices in Vietnam

Pursuant to Article 15 of Decree 01/2021/ND-CP, tasks and powers of Business Registration Offices are as follows:

- The Business Registration Office shall directly receive applications for enterprise registration, examine their validity, issue or reject to issue enterprise registration certificates.

- Provide instructions for enterprises and their founders on required documents and procedures for enterprise registration; provide instructions for district-level business registration authorities on required documents and procedures for registration of household businesses.

- Cooperate in developing, managing and operating the National Enterprise Registration Information System; carry out data standardization and update local enterprise registration data on the National Enterprise Registration Database.

- Provide information about enterprise registration on the National Enterprise Registration Database within the province to the provincial-level People’s Committee, provincial-level Department of Taxation, Anti-money Laundering Department affiliated to the State Bank of Vietnam (SBV) upon its request, and relevant agencies and entities as prescribed by law.

- Request enterprises to report their observance of the Law on Enterprises according to Point c Clause 1 Article 216 of Law on Enterprises.

- Directly carry out inspections or request competent authorities to carry out inspections at enterprises according to their applications for enterprise registration.

- Carry out inspections of district-level business registration authorities for their performance of tasks and powers when following household business registration procedures.

- Request enterprises to suspend conditional business lines or business lines restricted to foreign investors according to Clause 1 Article 67 of Decree 01/2021/ND-CP.

- Revoke enterprise registration certificates and certificates of branch/representative office registration in accordance with regulations of law.

- Grant business registration to other entities as prescribed by law.

3. Tasks and powers of district-level business registration authorities in Vietnam

Specifically, Article 16 of Decree 01/2021/ND-CP stipulates the tasks and powers of district-level business registration authorities as follows:

- Directly receive applications for household business registration, examine their validity, issue or reject to issue certificates of household business registration.

- Provide instructions for household businesses on necessary documents and procedures for household business registration.

- Cooperate in developing, managing and operating the system of information about household businesses in the district; submit periodic reports on registration of household businesses in the district to the district-level People’s Committee, Business Registration Office, and district-level tax authority.

- Provide information about household business registration within the district to the district-level People’s Committee, district-level Department of Taxation, and relevant agencies and entities as prescribed by law.

- Directly carry out inspections or request competent authorities to carry out inspections at household businesses according to their applications for household business registration.

- Request household businesses to submit reports on their observation of regulations herein where necessary.

- Request household businesses to stop engaging in conditional business lines if they fail to satisfy all business conditions.

- Revoke certificates of household business registration in accordance with regulations of law.

- Grant business registration to other entities as prescribed by law.

Ho Quoc Tuan

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