The Law amends Article 170 of the Enterprise Law concerning the re-registration of foreign-invested enterprises established before July 1, 2006. Enterprises have two options: to re-register or not to re-register, with the non-re-registration option still requiring compliance with the Investment License and the Enterprise Charter.
适用范围
Foreign-invested enterprises established before July 1, 2006.
要点
- Foreign-invested enterprises established before July 1, 2006 may choose to re-register or not to re-register to continue operations.
- If re-registering, the enterprise must complete the process before February 1, 2014, and it becomes effective from the date the Investment License expires.
- In the case of not re-registering, the enterprise will still be managed according to the Investment License and the Enterprise Charter, but must comply with the provisions of the Enterprise Law and related laws.
- The enterprise may adjust or supplement business lines if the operating period recorded in the Investment License remains unchanged.
- If changing the operating period or adjusting or supplementing business lines that alter the operating period recorded in the Investment License, the enterprise must re-register.
🌐 本文件的社会影响
- Positive impact: Helps foreign-invested enterprises continue operations without interruption.
- Negative impact: May create costs and administrative procedures for enterprises when re-registering.
❓ 常见问题
Which enterprises are subject to this law?
Foreign-invested enterprises established before July 1, 2006.
What will happen if an enterprise does not re-register?
If an enterprise does not re-register, it will still be managed according to the Investment License and the Enterprise Charter, but must comply with the provisions of the Enterprise Law and related laws.
What is the deadline for re-registration?
The enterprise must re-register before February 1, 2014.
What should an enterprise do if it changes its operating period?
If changing the operating period or adjusting or supplementing business lines that alter the operating period recorded in the Investment License, the enterprise must re-register as required.
When does this law take effect?
This Law takes effect on August 1, 2013.
全文
|
OF THE NATIONAL ASSEMBLY -------- Law number: 37/2013/QH13 |
SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness -------------------------------------------- |
LAW
AMENDMENTS AND SUPPLEMENTS TO ARTICLE 170 OF THE ENTERPRISE LAW
BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;
The National Assembly promulgates this Law to amend and supplement Article 170 of the Enterprise Law No. 60/2005/QH11, which has been amended and supplemented by Article 3 of Law No. 38/2009/QH12.
Article 1
Clause 2 of Article 170 of the Enterprise Law shall be amended and supplemented as follows:
"2. Foreign-invested enterprises established before July 1, 2006, except for cases stipulated in Clause 3 of this Article, have the right to implement one of the following two methods:
a) Re-register to organize management and operate in accordance with this Law and relevant laws.
Foreign-invested enterprises established before July 1, 2006, which have exceeded their operating period as specified in the Investment License after July 1, 2006, have not completed the business dissolution procedures, and request to continue operations must re-register before February 1, 2014, in accordance with conditions prescribed by the Government. In this case, the re-registration takes effect from the date of expiration of the operating period recorded on the Investment License;
b) Not to re-register; in this case, the enterprise organizes management and operates according to the Investment License and the Articles of Association. For matters not specified in the Investment License and the Articles of Association, the enterprise implements in accordance with this Law and relevant laws.
Enterprises may adjust and supplement industries and occupations if the operating period recorded in the Investment License remains unchanged; such adjustments and supplements shall be carried out in accordance with the provisions of the law at the time of adjustment and supplementation.
If there is a change in the operating period or if the adjustment and supplementation of industries and occupations result in a change in the operating period recorded in the Investment License, the enterprise must re-register in accordance with point a of this clause.
The Government shall provide detailed regulations for this clause."
Article 2
This Law shall take effect from August 1, 2013.
This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, fifth session, on June 20, 2013.
SPEAKER OF THE NATIONAL ASSEMBLY
(Signed)
Nguyen Sinh Hung
原始文件（PDF）
关系图
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