When will the Decree replacing Decree 01 on business registration be available? How many guiding documents does Decree 01 have?

When will the Decree replacing Decree 01 on business registration be available? How many guiding documents does Decree 01 have?

On January 5, 2024, the Government issued Resolution 01/NQ-CP 2024 on main tasks and solutions to implement the Socio-Economic Development Plan and State Budget Estimates for 2024.

In Appendix IV issued with Resolution 01/NQ-CP 2024, the Government assigned the Ministry of Planning and Investment to preside over the implementation. In September 2024, the Decree replacing Decree 01/2021/ND-CP dated January 4, 2021 of the Government on business registration must be completed.

Therefore, in September 2024, there will be new regulations on business registration, specifically the Government’s new Decree regulating business registration. The new Decree will replace the regulations on business registration in Decree 01/2021/ND-CP.

However, it should be noted that September 2024 is the time when the new Decree will be completed according to Resolution 01/NQ-CP, so it does not mean that the new regulations will take effect from September 2024. When the new Decree will officially take effect, we need to wait for further instructions from the Government.

Currently, Decree 01/2021/ND-CP on business registration has two documents guiding direct implementation:

+ Circular 01/2021/TT-BKHDT instructions on business registration issued by the Minister of Planning and Investment

+ Circular 02/2023/TT-BKHDT amending Circular 01/2021/TT-BKHDT guidance on business registration issued by the Minister of Planning and Investment.

Authorization to carry out business registration procedures shall comply with the provisions of Decree 01/2021/ND-CP as follows which?

Pursuant to the provisions of Article 12 of Decree 01/2021/ND-CP, the person competent to sign the business registration application can authorize other organizations and individuals to carry out business registration procedures according to the following regulations:

– In case of authorizing an individual to carry out business registration procedures, along with the business registration dossier, there must be a written authorization for the individual to carry out procedures related to business registration and a copy of the authorized individual’s legal documents. This authorization document is not required to be notarized or authenticated.

– In case of authorizing an organization to carry out business registration procedures, along with the business registration file, there must be a copy of the service provision contract with the service organization carrying out procedures related to business registration, a letter of introduction from that organization to the individual directly carrying out procedures related to business registration, and a copy of the legal documents of the individual being introduced.

– In case of authorizing a public postal service provider to carry out business registration procedures, when carrying out business registration procedures, the postal employee must submit a copy of the application form according to the form issued by the public postal service provider with the signature of the postal employee and the person authorized to sign the business registration request.

– In case of authorizing a postal service provider other than a public postal service to carry out business registration procedures, the authorization shall be carried out in accordance with the provisions of Clause 2, Article 12 of Decree 01/2021/ND-CP.

Decree 01/2021/ND-CP guides the recording of business lines like that which?

Pursuant to the provisions of Article 7 of Decree 01/2021/ND-CP, the recording of business lines is guided as follows:

– When registering to establish a business, when announcing additions or changes to business lines or lines of business or when requesting to change to a Business Registration Certificate, the business founder or enterprise selects a level four economic industry in the Vietnam Economic Industry System to record business lines and lines in the Business Registration Application, Notice of change in business registration content or request for change to Business Registration Certificate. The business registration authority guides, compares and records businesses’ business lines and professions in the National Business Registration Database.

– The specific content of level four economic sectors specified in Clause 1, Article 7 of Decree 01/2021/ND-CP is implemented in accordance with the Prime Minister’s Decision promulgating the Vietnam Economic Sector System.

– For conditional business investment sectors and trades prescribed in other legal documents, the business sectors and trades are recorded according to the sectors and trades specified in those legal documents.

– For business sectors and trades that are not included in the Vietnam Economic Sector System but are regulated in other legal documents, the business sectors and trades are recorded according to the sectors and trades specified in those legal documents.

– For business sectors and trades that are not included in the Vietnam Economic Sector System and have not been regulated in other legal documents, the Business Registration Authority will consider recording these business sectors and professions in the National Business Registration Database if they are not in the sectors and professions banned from business investment, and at the same time notify the Ministry of Planning and Investment (General Statistics Office) to add new business sectors and professions.

– In case an enterprise needs to record a more detailed business line and industry than a level four economic industry, the enterprise selects a level four economic industry in the Vietnam Economic Industry System, then records the details of the business industry and business line below the level four industry but must ensure that the detailed business line and industry of the enterprise is consistent with the selected level four industry. In this case, the business line of the enterprise is the detailed line of business that the enterprise has recorded.- The recording of business lines specified in Clause 3 and Clause 4, Article 7 of Decree 01/2021/ND-CP is carried out in accordance with the provisions of Clause 6, Article 7 of Decree 01/2021/ND-CP, in which detailed business lines are recorded according to the lines of business specified in specialized legal documents.

– State management of conditional investment and business industries and occupations, conditional market access industries and occupations for foreign investors and inspection of enterprises’ compliance with business conditions fall under the authority of specialized agencies according to the provisions of specialized laws.