Decree No. 05/2013/ND-CP Amending and supplementing certain provisions on administrative procedures of Decree No. 43/2010/ND-CP dated April 15, 2010 of the Government on business registration.

DECREE

Amending and supplementing certain provisions on administrative procedures of Decree No. 43/2010/NĐ-CP

dated April 15, 2010 of the Government on business registration

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Pursuant to the Law Torganized by the Government on November 25June 2024;The Ministry of Finance issued on November 13,

Pursuant to the Law Domestic air passenger transport service on regular basic economy classenterprises on the 29thJune 2024;of the Minister of Planning and Investment

Pursuant to ResolutionNo. 25/NQ-CP dated June 2, 2010 of the Government on simplifying 258 administrative procedures within the scope of functions and powers of Ministries and sectors;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."70/NQ-CP dated June 27, 2010 of the Government on simplifying administrative procedures within the scope of functions and powers of Ministries and sectors; lizing administrative procedures of Decree No. 43/2010/NĐ-CP dated April 15, 2010 of the Government on business registration

Pursuant to ResolutionNo. 43/2010/NĐ-CP dated April 15, 2010 of the Government on business registrationJune 2024;2, which stipulates functions, tasks, powers, and organizational structure115, 2010 of the Government on business registration"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."1. Amending and supplementing certain provisions of Decree No. 43/2010/NĐ-CP dated April 15, 2010 on business registration"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Amending Clause 4, Article 7 as follows: reason of Ministry of Planning and Investment;

1. Regarding social housing: The People's Committee of Hanoi City shall base on the urban planning, urban development area on both sides of Vo Nguyen Giap Road, urban development plan, and actual needs to allocate social housing projects within the urban development area on both sides of the road, ensuring the prescribed ratio according to the law.policies This Decree stipulates the organization, tasks, powers, and activities of agencies performing the function of inspecting the industry of Planning and Investment; inspectors, persons assigned to perform specialized inspection tasks, and inspection collaborators of the industry of Planning and Investment; the responsibilities of agencies, organizations, and individuals in the inspection activities of the industry of Planning and Investment.;

Chính phủ ban hành Nghị định sửa đổi, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ,No. "4. For those industries and trades not included in the Vietnamese Classification of Economic Activities and not specified in other legal documents, the business registration agency shall examine and record such industry or trade in the Enterprise Registration Certificate if it does not fall under prohibited activities, while simultaneously notifying the Ministry of Planning and Investment (General Statistics Office) to add new codes.""b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."2. Supplementing Articles 8a, 8b, and 8c after Article 8 as follows:No. 43/201"Article 8a. Number of Business Registration Applications"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."An enterprise shall submit one set of application at the Provincial Business Registration Agency when registering a business, branch, representative office, or notifying establishment of a business location or changing business registration content.amendenergy Clause 2, Article 5 enterprises,

A business household shall submit one set of application at the District Business Registration Agency when registering a business household or changing registered content.

1. Article 8b. Legally Valid Copies of Documents in Business Registration Applications

Legally valid copies of documents in business registration applications are those that have been certified or photocopied from original documents by authorized agencies or organizations.ớIn cases where the application requires a transfer agreement or gift confirmation document for share capital contribution, the enterprise may submit either the original or a legally valid copy.ngArticle 8c. Publishing Business Registration Content trWithin thirty days from the date of establishment or change in business registration content, enterprises must publish their business registration content on the National Enterprise Registration Information Portal in accordance with Article 28 of the Enterprise Law and pay the publication fee for business registration content. lThe Ministry of Finance, in coordination with the Ministry of Planning and Investment, shall issue regulations on the publication fee for business registration content., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Joint-stock companies issuing additional ordinary shares and offering them to all existing ordinary shareholders in proportion to their current holdings must send a notification of the issuance of additional ordinary shares to the permanent addresses of the shareholders via guaranteed delivery.

This notification must be published on the National Enterprise Registration Information Portal or in three consecutive issues of a newspaper within ten working days from the date of notification.

Within seven working days from the date of passing the resolution to dissolve the enterprise as stipulated in Clause 1, Article 158 of the Enterprise Law, the enterprise must send a copy of the dissolution decision to the business registration agency, all creditors, interested parties, and employees of the enterprise.

1. The enterprise must publicly post the dissolution decision at its headquarters and branches and publish this decision on the National Enterprise Registration Information Portal."

2. Amending and supplementing Article 57 as follows:

"Article 57. Temporary Suspension of Business Operations

1. Enterprises and business households temporarily suspending operations must notify the business registration agency where they are registered and the tax authority in writing at least fifteen days before suspending operations. The notification content includes:nationalName, main address, enterprise code, and date of issuance of the Enterprise Registration Certificate or equivalent document for enterprises; Business Household Registration Certificate for business households., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Industries and trades.

2. Duration of temporary suspension, start date, and end date. The duration of temporary suspension stated in the notification cannot exceed one year. After the expiration of the temporary suspension period notified, if the enterprise or business household continues to suspend operations, they must notify the business registration agency again. The total continuous period of temporary suspension cannot exceed two years.

Reasons for temporary suspension.intention joint, stock,

1. Names, signatures of the legal representatives of enterprises or representatives of business households.

Attached to the notification must be the decision and minutes of the meeting of the Board of Members for limited liability companies with two or more members, the owner for a single-member limited liability company, the General Shareholders' Meeting for joint-stock companies, and the general partners for partnership companies.policies The business registration agency shall issue a receipt for the submitted application after receiving the temporary suspension notification from enterprises and business households.

2. Within five working days from the date of receiving a complete application, the business registration agency shall issue a certificate confirming that the enterprise or business household has registered for temporary suspension of operations according to the model prescribed by the Ministry of Planning and Investment."policiesThis Decree takes effect from February 25, 2013., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP The Minister of Planning and Investment is responsible for guiding and organizing the implementation of this Decree.

Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairmen of provincial People's Committees directly under the Central Government, and related organizations and individuals are responsible for implementing this Decree. lcommence work from the date of notification.

3. Within seven working days from the date of passing the decision to dissolve.development In accordance with Clause 1, Article 158 of the Enterprise Law, the enterprise shall send copies of the dissolution decision to the business registration authority, all creditors, persons with rights, obligations and interests related to the enterprise, and employees of the enterprise. specialized agency under the People's Committee of the province/city.debtors, persons with rights, obligations and interests related toithe enterprise, employees in the enterprise.

The enterprise must publicly post the decision to dissolve the enterprise at its main office and branches, and publish this decision on the National Enterprise Registration Information Portal."

3. Amend and supplement Article 57 as follows:

"Article 57. Suspension of Business Operations

Enterprises and individual households suspending business operations must notify in writing the business registration authority where they have registered and the tax authority at least fifteen days before suspending business operations. The content of the notification°Name, address of the main office, enterprise code and date of issuance of the Enterprise Registration Certificate or equivalent documents for enterprises; Individual Household Registration Certificate for individual households.° b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

1. Business activities.

2. Duration of suspension of business operations, start date and end date of the suspension period. The duration of suspension of business operations stated in the notification shall not exceed one year. After the expiration of the suspension period stated in the notification, if the enterprise or individual household continues to suspend business operations, it must notify the business registration authority again. The total continuous suspension period shall not exceed two years.

3. Reason for suspending business operations.đượ Name, signature of the legal representative of the enterprise or the representative of the individual household. lAccompanying the notification must be the resolution and minutes of the meeting of the Board of Members for a limited liability company with two or more members, of the owner of the limited liability company with one member, of the General Meeting of Shareholders for a joint-stock company, of the general partners for a partnership.

4. The business registration authority shall issue a receipt for the application form to the applicant after receiving the notification of suspension of business operations from the enterprise or individual household.

5. Within five working days from the date of receiving a valid application, the business registration authority shall issue a confirmation certificate regarding the enterprise or individual household's registration of suspension of operations according to the model prescribed by the Ministry of Planning and Investment.”

This Decree takes effect from February 25, 2013.No.The Minister of Planning and Investment is responsible for guiding and organizing the implementation of this Decree.

Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairmen

of provincial people's committees under the central government, and relevant organizations and individuals are responsible for implementing this Decree.

Article 2. Effective Date

This Decree shall take effect from February 25, 2013.

Article 3. Implementation Organization

1. The Minister of Planning and Investment is responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen ofo provincial people's committees under central cities, and relevant organizations and individuals DECREES:bear the responsibility for implementing this Decree.councillORSu trách nhiệm thi hành Nghị định này./.