On 04/01/2021, the Government issued the Decree No. 01/2021 / ND-CP regulating on business registration.
Accordingly, this Decree details documents, order and procedures for business registration, business household registration and regulates on business registration agencies and state management on business registration and business household registration.
The connection of procedures for registration of establishment of enterprises, branches, representative offices, declaration of the use of employees, the issuance of code of units joining in social insurance, registration of using invoices of enterprises are performed in accordance with the Government's Decree on the coordination and continuity of procedures for registration of establishment of enterprises, branches and representative offices, declaration of the use of employees, and the issuance of code of units joining in social insurance, registration of using invoices of enterprises.
The Decree guides enterprises to register via electronic information network. Accordingly, enterprise registration via electronic information network means that the founder of an enterprise or an enterprise is required to register an enterprise through the national portal on business registration. Organizations and individuals have the right to choose to use digital signatures in accordance with the law on electronic transactions or using business registration accounts to register an enterprise via electronic information network.
The business registration account specified in Clause 4, Article 26 of the Law on Enterprises is the account used to verify the application for enterprise registration via electronic information network in case the competent person signs the written request for business registration without using digital signature. Business registration accounts are created by the National Business Registration Information System, and granted to individuals to register an enterprise via electronic information networks. Individuals access to the national business registration portal to declare information and create a business registration account. The personal information listed on the National Business Registration Portal to issue a business registration account must be adequate and accurate according to the information on the individual's legal documents and comply with the authentication guarantees of applicants in the National Business Registration Information System.
One business registration account is issued to one individual only. Individuals who are granted a business registration account are responsible before the law for the accuracy and legality of the information to be granted a business registration account and the use of a business registration account.
The Business Registration Office creates favorable conditions for organizations and individuals to find out information and apply for enterprise registration via electronic information network.
At the same time, the Decree also details the online payment of fees and charges supported on the National Business Registration Portal. Specifically, fees for using electronic payment services are not included in business registration fees, fees for providing business registration information, and fees for announcing business registration content.
In the process of using electronic payment services, if there are transaction errors, individuals or organizations contact the intermediary providing electronic payment services for settlement.
In addition, individuals and organizations can also pay fees and charges for business registration directly at the business registration office or transfer to the account of the business registration office.
The Decree also stipulates that cadres and civil servants, who require business founders and business households to submit additional documents, and set additional procedures and conditions for enterprise and business household registration, which is contrary to this Decree and have acts causing difficulties and troubles for organizations and individuals while dealing with enterprise and business household registration and checking the contents of enterprise and business household registration, shall be handled according to the regulations. Business registration agencies, officials in charge of business registration and business household registration who have successfully completed their assigned tasks shall be rewarded according to regulations.
This Decree takes effect from January 4, 2021.
This Decree replaces the Government's Decree No. 78/2015 / ND-CP dated September 14, 2015 on enterprise registration and the Government's Decree No. 108/2018 / ND-CP dated August 23, 2018, amending and supplementing a number of articles of the Government's Decree No. 78/2015 / ND-CP dated September 14, 2015 on enterprise registration.