Circular No. 01/2009/TT-BKH amends and supplements Circular No. 03/2006/TT-BKH dated October 19, 2006 of the Ministry of Planning and Investment guiding certain contents regarding business registration files, procedures, and formalities pursuant to Decree No. 88/2006/NĐ-CP dated August 29, 2006 of the Government on business registration.

CIRCULAR

Amending and supplementing Circular No. 03/2006/TT-BKH dated October 19, 2006 of the Ministry of Planning and Investment guiding certain contents regarding business registration files, procedures, and formalities pursuant to Decree No. 88/2006/NĐ-CP dated August 29, 2006 of the Government on business registration.

Pursuant to Decree No. 88/2006/NĐ-CP dated August 29, 2006 of the Government on business registration;

Pursuant to Decree No. 139/2007/NĐ-CP dated September 5, 2007 of the Government detailing and guiding the implementation of certain provisions of the Enterprise Law;

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Pursuant to Decree No. 100/2008/NĐ-CP dated September 8, 2008 of the Government detailing certain provisions of the Personal Income Tax Law;
Implementing the conclusions of Deputy Prime Minister Nguyen Sinh Hung - Head of the Central Steering Committee for the Implementation of the Personal Income Tax Law as stated in Official Letter No. 236/TB-VPCP dated September 1, 2008 of the Government Office,

Amend and supplement some forms applicable to individual businesses as follows:

Pursuant to Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

1. The application for business registration of individual businesses shall be implemented according to the form prescribed in Appendix I-6 attached hereto, replacing the form prescribed in Appendix I-6 attached to Circular No. 03/2006/TT-BKH dated October 19, 2006 guiding certain contents regarding business registration files, procedures, and formalities pursuant to Decree No. 88/2006/NĐ-CP dated August 29, 2006 of the Government on business registration (hereinafter referred to as Circular No. 03/2006/TT-BKH).

Article 1. 2. The list of individuals contributing capital to establish a business for cases where individual businesses are established by a group of individuals shall be implemented according to the form prescribed in Appendix II-5 attached hereto.

3. The certificate of business registration of individual businesses shall be implemented according to the form prescribed in Appendix IV-6 attached hereto, replacing the form prescribed in Appendix IV-6 attached to Circular No. 03/2006/TT-BKH.

Amend the form of Notification of Change in Business Registration Content of Enterprises as follows:

The form of Notification of Change in Business Registration Content of Enterprises shall be implemented according to the form prescribed in Appendix III-5 attached hereto, replacing the form prescribed in Appendix III-5 attached to Circular No. 03/2006/TT-BKH.

Article 2. Supplement forms applicable to the conversion of enterprises as stipulated in Articles 19, 20, 21, and 24 of Decree No. 139/2007/NĐ-CP dated September 5, 2007 of the Government detailing and guiding the implementation of certain provisions of the Enterprise Law as follows:

a) The application for converting a Limited Liability Company into a Joint Stock Company shall be implemented according to the form prescribed in Appendix I-7 attached hereto.

Article 3. b) The application for converting a Limited Liability Company with two or more shareholders, a Joint Stock Company, and a Private Enterprise into a Limited Liability Company with one shareholder shall be implemented according to the form prescribed in Appendix I-8 attached hereto.

c) The application for converting a Limited Liability Company with one shareholder and a Private Enterprise into a Limited Liability Company with two or more shareholders shall be implemented according to the form prescribed in Appendix I-9 attached hereto.

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

2. Individual businesses that have been issued a Certificate of Business Registration before this Circular takes effect are not required to change their Certificate of Business Registration to the new form. The change to the new form of Certificate of Business Registration will be carried out simultaneously when the individual business registers changes to other business registration contents.

Article 4. Effectiveness

Vo Hong Phuc

2. Households engaged in business that have been issued a Business Registration Certificate prior to this Circular coming into effect are not required to replace their Business Registration Certificate with the new form. The replacement of the Business Registration Certificate with the new form shall be carried out simultaneously when the household applies for changes to other business registration contents.