Joint Circular No. 05/2000/TTLT/BKHĐT-BTCCBCP guides the organization of Business Registration Departments at provincial and district levels pursuant to Decree No. 02/2000/NĐ-CP. This Circular stipulates the structure, tasks, and authorities of Business Registration Departments as well as the staffing arrangements and personnel deployment.
적용 범위
Provincial Department of Planning and Investment, District People's Committee, Head of Business Registration Department, Personnel engaged in business registration.
핵심 사항
- The Business Registration Department at the provincial level is established based on the restructuring of the organizational structure of the Provincial Department of Planning and Investment. The Head of Business Registration Department may concurrently hold another position.
- The staffing of the Business Registration Department is determined by the Chairman of the Provincial People's Committee based on the workload of business registration.
- The Business Registration Department at the district level is established or assigned to a specialized department. The staffing and personnel engaged in business registration are decided by the District People's Committee.
- Business registration uses the seal of the Business Registration Department or the District People's Committee according to the decision of the Chairman of the Provincial People's Committee, directly under the Central Government.
- This Circular takes effect ten days from the date of issuance.
🌐 이 문서의 사회적 영향
- Positive impact: Strengthening management and transparency in business registration, facilitating businesses and individual traders.
- Negative impact: It may increase the burden on human resources and finances for provincial and district-level agencies.
❓ 자주 묻는 질문
Can the Head of Business Registration Department concurrently hold another position?
Yes, the Head of Business Registration Department may be concurrently held by the Director or Deputy Director of the Provincial Department of Planning and Investment.
Who determines the staffing of the Business Registration Department?
The staffing of the Business Registration Department is determined by the Chairman of the Provincial People's Committee based on the workload of business registration.
How is the seal used in the process of business registration?
Business registration uses the seal of the Business Registration Department or the District People's Committee according to the decision of the Chairman of the Provincial People's Committee, directly under the Central Government.
When does this Circular take effect?
This Circular takes effect ten days from the date of issuance.
How is the Business Registration Department at the district level established?
Depending on the number of individual traders and cooperatives, the Chairman of the Provincial People's Committee decides to establish a separate Business Registration Department or assign the business registration task to an existing specialized department.
전문
JOINT CIRCULAR
Guidelines for organizing Business Registration Departments
at provincial and district levels
________________________
Implementing Article 24 of Decree No. 02/2000/ND-CP dated February 3, 2000 of the Government on business registration (hereinafter referred to as Decree No. 02/2000/ND-CP) and Circular No. 34/CP-DMDN dated May 22, 2000 of the Government on the implementation of the Enterprise Law, the Ministry of Planning and Investment and the Government Organizational and Cadre Department jointly issue guidelines for organizing Business Registration Departments at provincial and district levels as follows:
1. Business Registration Department at provincial level
The Business Registration Department at provincial level shall be established based on restructuring organizational structure, changing names, adjusting functions, and tasks of departments currently handling business registration at the Department of Planning and Investment.
The duties, powers, and responsibilities of the Business Registration Department within the Department of Planning and Investment are stipulated in Article 4 of Decree No. 02/2000/ND-CP. At the same time, it shall accept and process business registration files of state-owned enterprises and cooperative business registration files as prescribed in Article 18 of the Cooperative Law, and perform other tasks assigned by the Director of the Department of Planning and Investment.
Business registration for enterprises operating under the Enterprise Law shall use the seal of the Business Registration Department.
The Head of the Business Registration Department shall be responsible under the law for performing the tasks, powers, and responsibilities of the Department.
The Head of the Business Registration Department may concurrently hold the position of Director or Deputy Director of the Department of Planning and Investment.
The staffing of the Business Registration Department at each locality shall be decided by the Chairman of the Provincial People's Committee within the total number of civil service positions allocated to the province, based on the workload of business registration for various types of enterprises belonging to different economic sectors in the locality and other assigned tasks.
Staff members of the Business Registration Department shall be assigned full-time, stable positions with sufficient moral integrity and work capacity to fulfill their assigned tasks.
2. Business Registration Department at district level
Depending on the number of individual households and cooperatives in the locality, the Chairman of the Provincial People's Committee shall decide to establish a separate Business Registration Department or assign the business registration task to an existing specialized department under the District People's Committee (Planning and Investment Department or Finance and Planning Department). The establishment of a separate Business Registration Department shall only apply to districts with a large number of individual households and cooperatives, based on reorganizing the staff currently engaged in business registration under the specialized departments of the District People's Committee.
The duties, powers, and responsibilities of the Business Registration Department or the department performing business registration tasks at the district level are stipulated in Article 5 of Decree No. 02/2000/ND-CP.
Individual household business registration may use the seal of the District People's Committee or the Business Registration Department's stamp, as decided by the Chairman of the Provincial People's Committee.
The staffing of the Business Registration Department or the unit performing business registration tasks shall be decided by the District People's Committee within the total number of civil service positions allocated by the Chairman of the Provincial People's Committee to the District People's Committee, based on the workload of individual household and cooperative business registration in the locality.
Staff members performing business registration tasks shall be assigned full-time, stable positions with sufficient moral integrity and work capacity to fulfill their assigned tasks.
3. Organization of Implementation
This Circular shall take effect ten days from the date of signature, all previous regulations contrary to this Circular shall be abolished.
Chairmen of the People's Committees of provinces and centrally-administered cities shall direct the Department of Planning and Investment, the Provincial Government Organizational Department, and the District People's Committees to organize business registration work according to Decree No. 02/2000/ND-CP dated February 3, 2000 of the Government on business registration and the guidelines set out in this Circular, based on specific local conditions.
During the implementation process, if there are any difficulties, they should be promptly reported to the Ministry of Planning and Investment and the Government Organizational and Cadre Department for research and amendment.
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