Decree No. 43/2010/NĐ-CP on Business Registration

DECREE

Regarding business registration

^___________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Enterprise Law dated November 29, 2005;

Based on the Investment Law dated November 29, 2005;

Based on the Tax Administration Law dated November 29, 2006;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates in detail the files, procedures, and formalities for business registration and individual business registration; it also provides regulations concerning business registration agencies and state management over business registration.

Article 2. Applicability

This Decree applies to the following subjects:

1. Domestic organizations and individuals; foreign organizations and individuals shall carry out business registration in accordance with Vietnamese laws;

2. Individuals, groups of individuals, and family households shall carry out individual business registration in accordance with this Decree;

3. Business registration agency;

4. Tax agency;

5. Other organizations and individuals related to business registration. 

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Business registration as prescribed in this Decree includes the content of business registration and tax registration for various types of enterprises established in accordance with the Enterprise Law. Business registration includes new enterprise establishment registration and changes to enterprise registration content.

2. The Certificate of Enterprise Registration is a document or electronic version issued by the business registration agency recording the information on business registration and tax registration submitted by the enterprise.

Enterprise Registration Certificate For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;is simultaneously the Business Registration Certificate and the Tax Registration Certificate of the enterprise.

3. The national business registration information system is a specialized information system about business registration managed by the Ministry of Planning and Investment, in collaboration with relevant agencies, built and operated to send, receive, store, display, or perform other processing of data serving business registration work. The national business registration information system includes the National Business Registration Information Portal and the National Database on Business Registration.

4. The National Business Registration Information Portal is an electronic information page for organizations and individuals to conduct business registration online, access information on business registration, and serve the issuance of the Certificate of Enterprise Registration by the business registration agency.

5. The National Database on Business Registration is a collection of business registration data nationwide. Information in the business registration fileenterprise stored in the National Database on Business Registration has legal value as original information about the enterprise.

Article 4. Principles for applying and resolving business registration procedures

1. The enterprise founder shall declare the business registration file and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration file. 2. The business registration agency is responsible for the validity of the business registration file, and does not bear responsibility for any legal violations by the enterprise occurring before and after business registration.

3. The business registration agency does not resolve disputes among company members, shareholders, or between the company and other organizations or individuals during its operation.

4. Administrative coercive measures to enforce tax administrative decisions related to the enterprise code shall be implemented in accordance with the Tax Administration Law and guiding documents.

4. Administrative enforcement measures to implement administrative decisions related to the enterprise code shall be carried out in accordance with the Law on Tax Administration and guiding documents for its implementation.

Article 5. The right to establish a business and the obligation to register a business of the business founder

1. Establishing a business in accordance with the provisions of the law is the right of individuals and organizations and is protected by the State.

2. The business founder has the obligation to carry out registration and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration in accordance with the provisions of this Decree and related regulatory legal documents.

3. Strictly prohibited are business registration agencies and other agencies from causing inconvenience to organizations and individuals during the acceptance of applications and the processing of business registration.

4. Ministries, ministerial-level agencies, People's Councils, and People's Committees at all levels shall not issue regulations on registration and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration applicable only to their respective industries or localities.

5. A business has the responsibility to implement changes to the registered content and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration within ten working days from the date the business decides to change these contents, except where otherwise provided by law.

6. Businesses have the obligation to submit financial reports to the business registration agency in accordance with the provisions of the law.

Article 6. Application for Business Registration and Certificate of Business Registration

1. The content of the Application for Business Registration includes the content regarding business registration and tax registration.

2. The Certificate of Business Registration is issued to businesses operating under the Law on Enterprises. The content of the Certificate of Business Registration includes the contents prescribed in Article 25 of the Law on Enterprises and Article 26 of the Law on Tax Administration and is based on the information in the Application for Business Registration.

3. The model of the Application for Business Registration and the model of the Certificate of Business Registration are issued by the Ministry of Planning and Investment and uniformly applied throughout the country.

4. Businesses that have been issued a Certificate of Business Registration or a Certificate of Business Registration and Tax Registration before the effectiveness of this Decree are not required to undergo the procedure to switch to a Certificate of Business Registration. The business will be issued a Certificate of Business Registration when registering changes to the business registration content.

5. In cases where a business requests to switch from a Certificate of Business Registration or a Certificate of Business Registration and Tax Registration to a Certificate of Business Registration without changing the business registration and tax registration content, the business submits the application form along with the original Certificate of Business Registration and the original Certificate of Tax Registration or the original Certificate of Business Registration and Tax Registration at the business registration agency to obtain a Certificate of Business Registration.

Article 7. Industry and Trade Sectors

1. The industry and trade sectors in the Certificate of Business Registration are recorded and coded according to the fourth-tier industry in the Vietnamese Economic Classification System, excluding prohibited industries and trades.

The specific content of sub-industries in the fourth-tier industry is implemented in accordance with the Provisions on the Content of the Vietnamese Economic Classification System issued by the Ministry of Planning and Investment.

The coding of the industry and trade registration in the Certificate of Business Registration is only meaningful for statistical purposes.

Based on the Vietnamese Economic Classification System, the business founder selects the industry and trade sectors and records the industry and trade code in the Application for Business Registration. The business registration agency verifies and records the industry and trade sector, the industry and trade code in the Certificate of Business Registration.

2. For industries and trades with conditions as stipulated in other regulatory legal documents, the industry and trade sectors in the Certificate of Business Registration are recorded according to the industries and trades specified in those legal documents.

3. For industries and trades not included in the Vietnamese Economic Classification System but specified in other regulatory legal documents, the industry and trade sectors in the Certificate of Business Registration are recorded according to the industries and trades specified in those legal documents.

4. For industries and trades not included in the Vietnamese Economic Classification System and not specified in other regulatory legal documents, the business registration agency informs the Ministry of Planning and Investment (General Statistics Office) to consider adding new codes.

5. Industries and trades with conditions are defined in Laws of the National Assembly, Ordinances of the Standing Committee of the National Assembly, and Decrees of the Government. Strictly prohibited is the issuance and regulation beyond authority of industries and trades with conditions. Businesses may engage in industries and trades with conditions from the moment they meet the conditions stipulated by law. The management of state administration over industries and trades with conditions and the inspection of compliance with business conditions by businesses fall under the jurisdiction of specialized agencies as prescribed by specialized laws.

6. Industries and trades requiring a practice certificate, corresponding conditions for issuing such certificates, and the use of practice certificates in the business activities of enterprises are carried out in accordance with the provisions of specialized laws.

Article 8. Business Registration Number

1. Each business shall be assigned a unique number called the business registration number. This number serves concurrently as the business registration number and the tax identification number of the business.

2. The business registration number remains valid throughout the business's operational period and shall not be reassigned to another organization or individual. When the business ceases operations, the business registration number becomes invalid and shall not be reused.

The business registration number for a sole proprietorship shall be implemented in accordance with the laws on taxation.

3. The business registration number shall be stored in the National Business Registration Information System and recorded on the Certificate of Enterprise Registration.4. Throughout its operational period, from establishment until cessation of activities, the business registration number shall be used for tax declarations for all types of taxes due, including cases where the business engages in multiple industries or operates in different locations.

5. The business registration number for subordinate units of the enterprise shall be issued to branches, representative offices, and business locations of the enterprise.

TASKS, POWERS, AND RESPONSIBILITIES OF THE BUSINESS REGISTRATION AUTHORITY AND STATE MANAGEMENT OF ENTERPRISE REGISTRATION

Chapter II

Article 9. Business Registration Authority

1. The business registration authority may be organized at the provincial level (hereinafter referred to collectively as the provincial level) and at the district level (hereinafter referred to collectively as the district level), including:

a) At the provincial level: The Business Registration Department under the Provincial Department of Planning and Investment (hereinafter referred to collectively as the Provincial Business Registration Department).

Hanoi City and Ho Chi Minh City may establish one or two additional provincial-level business registration authorities and number them sequentially. The establishment of additional provincial-level business registration authorities shall be decided by the People's Committee of the city.

The People's Committees of the cities: Hanoi, Ho Chi Minh City, Hai Phong, Da Nang, Can Tho, after reaching consensus with the Ministry of Home Affairs, the Ministry of Planning and Investment, may pilot transferring the provincial-level business registration authority to operate as a revenue-generating public service unit.

b) At

the district level: Establish the Business Registration Department in districts, towns, and cities directly under provinces where the average number of newly registered households and cooperatives exceeds 500 over the past two years. In cases where the district-level Business Registration Department is not established, the People's Committee at the district level shall assign the District Finance and Planning Department to perform the household registration tasks stipulated in Article 11 of this Decree (hereinafter referred to collectively as the district-level business registration authority).

2. The Provincial Business Registration Department and the District Business Registration Department shall have their own accounts and seals.

Article 10. Tasks, Powers, and Responsibilities of the Provincial Business Registration Department

1. Directly receive business registration applications; examine the validity of business registration applications; issue or refuse to issue the Certificate of Enterprise Registration.

2. Coordinate in building, managing, and operating the National Enterprise Registration Information System; implement data conversion from local business registration databases to the National Enterprise Registration Database; provide registration information within the province to the Provincial People's Committee, Local Tax Bureau, relevant agencies, and organizations or individuals requesting such information. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration3. Require businesses to report their business situation according to point c, Clause 1, Article 163 of the Enterprise Law; urge businesses to comply with the annual reporting system. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration 4. Directly inspect or request competent state agencies to inspect businesses based on the content of the registration application; guide the district-level business registration authority on household registration applications, procedures, and formalities; guide enterprises and founders on registration applications, procedures, and formalities. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration.

5. Require businesses to suspend conditional business activities when it is found that they do not meet the legal requirements, and simultaneously notify competent state agencies to handle the matter according to the law. 6. Revoke the Certificate of Enterprise Registration for businesses in the cases specified in Article 59 of this Decree.7. Register other types of entities as prescribed by law. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration within the local area for the People's Committee of the province, the local tax office, relevant agencies, and organizations or individuals making requests.

3. Request enterprises to report business conditions in accordance with point c, Clause 1, Article 163 of the Enterprise Law; urge enterprises to comply with the annual reporting system.

4. Directly inspect or request competent state agencies to inspect enterprises based on the contents in the registration dossier. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration; guide the district business registration agency on the dossier, procedures, and formalities for registering individual businesses; guide enterprises and their founders on the dossier, procedures, and formalities for registration. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration.

5. Require enterprises to temporarily suspend operations in conditional business sectors when it is found that the enterprises do not meet the required conditions as stipulated by law, while simultaneously notifying competent state agencies to handle the matter according to the law..

6. Revoke the Enterprise Registration Certificate for enterprises in cases specified in Article 59 of this Decree.

7. Register other types of enterprises in accordance with the provisions of the law.

Article 11. Tasks, powers, and responsibilities of the business registration agency at the district level

1. Directly receive applications for business household registration; examine the validity of the application and issue or refuse to issue the Business Household Registration Certificate.

2. Coordinate in building, managing, and operating the information system on business households operating within its jurisdiction; periodically report to the People's Committee at the district level, the Business Registration Agency at the provincial level, and the tax authority at the district level about business households within its jurisdiction.

3. Directly inspect business households based on the content in their registration files within its jurisdiction; coordinate with competent state agencies to inspect enterprises; verify the content of enterprise registration, branches, representative offices, and business locations of enterprises within its jurisdiction upon request from the Business Registration Agency at the provincial level.

4. Require business households to report on their business situation when necessary.

5. Require business households to temporarily suspend operations in conditional business activities when it is found that they do not meet the required conditions under the law, while simultaneously notifying the competent state authorities to handle the matter according to the law.

6. Revoke the Business Household Registration Certificate in cases stipulated in Article 61 of this Decree.

7. Register other types of enterprises in accordance with the provisions of the law.

Article 12. State Management of Enterprise Registration

1. Tasks, powers, and responsibilities of the Ministry of Planning and Investment:

a) Issue or submit to the competent authority for issuance of normative legal documents on enterprise registration, business household registration , guidance documents on specialized and professional matters, forms, reporting systems serving registration workand online registration; , guidance documents on specialized and professional matters, forms, reporting systems serving registration work b) Guide, train, and provide professional training on registration

for staff engaged in registration and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration c) Organize the construction, management, and operation of the National Enterprise Registration Information System to support enterprise registration-related tasks nationwide; provide enterprise registration information to relevant government agencies and organizations or individuals requesting such information; guide provincial-level business registration agencies in transferring data to the National Enterprise Registration Database. The operational and development costs of the National Enterprise Registration Information System shall be sourced from the state budget and other sources; and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration;

d) Take the lead and coordinate with the Ministry of Finance in connecting the enterprise registration information system with the tax information system;

đ) Publish business information publications to implement the publication of information on enterprise registration

, establishment of branches, and representative offices of enterprises nationwide; and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registratione) International cooperation in the field of enterprise registration.

Tasks, powers, and responsibilities of

2. a) Coordinate with the Ministry of Planning and Investment in connecting the enterprise registration The Ministry of Finance:

information system with the tax information system to provide enterprise identification codes for enterprise registration purposes and exchange business information. The Ministry of Finance is responsible for generating enterprise identification codes and transferring them to the Ministry of Planning and Investment to transfer to provincial-level business registration agencies for issuance to enterprises; National enterprises b) Take the lead and coordinate with the Ministry of Planning and Investment to guide the collection and use of fees for enterprise registration

, business household registration, branch establishment registration, representative office establishment registration, business location registration, and provision of registration information. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration3. The Ministry of Home Affairs coordinates with the Ministry of Planning and Investment to guide the organizational structure and staffing of business registration agencies and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration.

at the central, provincial, and district levels; specify standards for registration staff and managerial positions within the business registration system. 4. The Ministry of Public Security leads and coordinates with relevant ministries and sectors to guide the determination of the identity of persons establishing and managing enterprises.

5. The Ministry of Culture, Sports and Tourism is responsible for issuing guidance documents on naming enterprises without violating historical traditions, culture, ethics, and national customs and practices, and the use of names of prominent figures in enterprise naming.

6. Ministries, ministerial-level agencies, and government agencies within their respective functions and duties are responsible for guiding conditional business activities and the conditions for conducting such activities; publish on their electronic websites lists of conditional business activities and send them to the Ministry of Planning and Investment to post on the National Enterprise Registration Portal.

7. Provincial People's Committees and municipal people's committees directly under the Central Government implement state management over enterprises and registration

in accordance with Article 162 of the Enterprise Law. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration ENTERPRISE NAME REGISTRATION

Chapter III

ENTERPRISE NAME REGISTRATION

Article 13. Business Name

1. The business name must be written using letters from the Vietnamese Alphabet, may include the letters F, J, Z, W, digits, and symbols, be pronounceable, and consist of the following two components:

a) Type of business entity, including: limited liability company, the term limited liability can be abbreviated as TNHH; joint stock company, the term joint stock can be abbreviated as CP; partnership, the term partnership can be abbreviated as HD; private enterprise, the term private can be abbreviated as TN;

b) The specific name of the business.

2. A business may only use its industry or profession of business operation or investment form to constitute the specific name of the business if it has registered such industry or profession or implemented investment according to that form., investment form to constitute the specific name of the enterprise if the enterprise registers such industry or profession or conducts investment in such form.

3. The name of state economic group shall be decided by the Prime Minister.

Article 14. Prohibitions on Naming Businesses

1. It is not allowed to name a business with a name identical or confusingly similar to the name of another registered business nationwide, except for businesses whose business registration certificate has been revoked or have been dissolved. This provision applies from January 1, 2011.

From the date this Decree takes effect until December 31, 2010, the prevention of duplicate and confusing business names shall be carried out within the province or centrally-administered city.

2. It is not allowed to use the name of a state agency, military unit, or political organization, political-social organization to make up all or part of the specific name of a business, except with the approval of the relevant agency, unit, or organization.

3. It is not allowed to use words or symbols that violate national historical traditions, culture, ethics, and customs, or the names of famous people to name a business.

Article 15. Duplicate Names and Confusing Names

1. A duplicate name occurs when the Vietnamese name of the business applying for registration is completely identical to the name of a registered business..

2. The following situations are considered to cause confusion with other enterprises' names:

a) The Vietnamese name of the requested enterprise is pronounced similarly to an already registered enterprise name;

b) The Vietnamese name of the business applying for registration differs from the name of a registered business only by the symbol "&", the symbol "-", or the word "and";

c) The abbreviation of the business name of the business applying for registration is identical to the abbreviation of another registered business;

d) The foreign language name of the business applying for registration is identical to the foreign language name of another registered business;

đ) The specific name of the business applying for registration differs from the specific name of a registered business by one or more natural numbers, serial numbers, or one or more Vietnamese letters (A, B, C,...) immediately following the specific name of the business, except in cases where the business applying for registration is a subsidiary of the registered business;

e) The specific name of the business applying for registration differs from the specific name of a registered business by the word "tân" immediately preceding, or "mới" immediately following the name of the registered business;

g) The specific name of the business applying for registration differs from the specific name of the registered business by the terms "miền Bắc", "miền Nam", "miền Trung", "miền Tây", "miền Đông" or similar terms; except in cases where the business applying for registration is a subsidiary of the registered business;

h) The specific name of the business is identical to the specific name of a registered business.

Article 16. Other issues related to business name registration

1. Businesses that have registered their business names in compliance with the provisions of Decree No. 88/2006/NĐ-CP but do not comply with Clause 1, Article 14 of this Decree are not required to register for a name change. Encouragement and facilitation are provided for businesses with identical or confusing names to negotiate among themselves to register for a name change or to supplement a geographical name as a distinguishing factor in their business name.

2. Prior to registering a business name, businesses should refer to the names of operating businesses stored in the National Business Registration Database..

3. The business registration authority has the right to approve or reject the proposed business name registration according to the law and the decision of the business registration authority is final.

Article 17. Handling cases where business names violate industrial property regulations

1. It is prohibited to use trademarks, trade names, or geographical indications of organizations or individuals that have been protected to form the unique name of a business, except in cases where permission from the owner of the trademark, trade name, or geographical indication is obtained. Prior to registering a business name, businesses may refer to registered trademarks and geographical indications stored in the Trademark and Geographical Indication Database of the Intellectual Property Department under the Ministry of Science and Technology.

2. The basis for determining a business name that violates intellectual property rights shall be carried out in accordance with the provisions of the Law on Intellectual Property.

Businesses must bear full responsibility under the law if they register a business name that violates intellectual property regulations. If a business name violates regulations protecting intellectual property rights, the business with the violating name must register for a name change.

3. The holder of industrial property rights has the right to request the business registration authority to require a business using a name that infringes upon their industrial property rights to change its name accordingly. The holder of industrial property rights has the obligation to provide the business registration authority with necessary documents as stipulated in Clause 4 of this Article.

4. Upon receiving notification from the holder of industrial property rights regarding the violation of their industrial property rights, the business registration authority shall issue a Notice requiring the infringing business to change its name. Accompanying the notification from the holder of industrial property rights must be:

a) A certified copy of the conclusion document issued by the competent authority regarding the use of the business name as a violation of industrial property rights.;

b) A certified copy of the Certificate of Trademark Registration, Certificate of Geographical Indication Registration, extract from the National Register of Trademarks and Geographical Indications issued by the Intellectual Property Office for trademarks and geographical indications; a certified copy of the International Trademark Registration Certificate protected in Vietnam or a certified copy of the World Intellectual Property Organization's International Trademark Gazette or the Industrial Property Gazette confirmed by the Intellectual Property Office for international trademarks; documents proving the lawful and continuous use of the trade name prior to the date of the disputed business name registration.

5. Within ten working days from the date of receipt of all documents as prescribed in Clause 4 of this Article, the business registration authority shall issue a Notice requiring the business with the violating name to change its name and complete the name change procedures within two months from the date of issuance of the Notice. After this period, if the business does not change its name as required, the business registration authority shall notify the competent state agency to handle the matter in accordance with the Law on Intellectual Property.

Article 18. Name of branch, representative office, business location

1. The name of branch, representative office, and business location must be written using letters from the Vietnamese alphabet, and may include the letters F, J, Z, W, digits, and symbols that can be pronounced.

2. The name of branch, representative office, and business location must bear the enterprise's name simultaneously with the phrase "Branch" for registration of establishment of a branch, the phrase "Representative Office" for registration of establishment of a representative office, and the organizational form of the business location.

3. For state-owned enterprises that are reorganized into dependent accounting units due to organizational restructuring requirements, they are permitted to retain their original state-owned enterprise name prior to reorganization.

Chapter IV

DOCUMENTS, PROCEDURES, AND REGULATIONS FOR ENTERPRISE REGISTRATION  BRANCH ACTIVITY REGISTRATION,

REPRESENTATIVE OFFICE REGISTRATION

Article 19. Documents for enterprise registration for sole proprietorships

1. Application for enterprise registration;

2. A valid copy of one of the legally recognized personal identification documents of the owner of the sole proprietorship as stipulated in Article 24 of this Decree;

3. A confirmation document of the statutory capital issued by the competent authority for enterprises operating industries or trades that require statutory capital according to the law;

4. A valid copy of the professional practice certificate of one or more individuals as required by law for sole proprietorships operating industries or trades that require such certificates.

Article 20. Documents for registration and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration for limited liability companies with two or more members, joint-stock companies, and partnerships

1. Application for registration; and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration;

2. Draft Articles of Association of the company. The draft Articles of Association must be signed by all general partners for partnerships; by the legal representative, members, or authorized representatives for limited liability companies with two or more members; by the legal representative, founding shareholders, or authorized representatives of founding shareholders for joint-stock companies. Members and founding shareholders must jointly be responsible for the compliance of the Articles of Association with the law;

3. List of members of limited liability companies with two or more members, partnerships; list of founding shareholders of joint-stock companies established in accordance with the model prescribed by the Ministry of Planning and Investment. Accompanying the list of members or list of founding shareholders must be:

a) A valid copy of one of the legally recognized personal identification documents stipulated in Article 24 of this Decree for individual founding members or founding shareholders;

b) A valid copy of the Decision on Establishment, Business Registration Certificate, Enterprise Registration Certificate, or equivalent document, and a valid copy of one of the legally recognized personal identification documents stipulated in Article 24 of this Decree of the authorized representative and corresponding authorization decision for corporate founding members or founding shareholders.

4. Confirmation document of the statutory capital issued by the competent authority for companies operating industries or trades that require statutory capital according to the law;

5. A valid copy of the professional practice certificate of general partners for partnerships, of one or some individuals for limited liability companies, joint-stock companies if the company operates industries or trades that require such certificates according to the law.

Article 21. Registration Documents and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration for a single-member limited liability company

1. Application for registration; enterprise;

2. The draft Company Charter must be signed by the owner of the company, the legal representative if the owner is an individual; the authorized representative, the legal representative if the owner is an organization. The company owner shall be responsible for the compliance with the law of the company's charter; 3. A certified copy of one of the personal identification documents specified in Article 24 of this Decree of the company owner if the owner is an individual; or the Decision on Establishment, Business Registration Certificate, Enterprise Registration Certificate, or other equivalent documents, Articles of Association, or other equivalent documents of the company owner if the owner is an organization (except when the company owner is the State);

4. A list of authorized representatives for a single-member limited liability company managed by an organization as stipulated in Clause 3, Article 67

of the Enterprise Law, established according to the form prescribed by the Ministry of Planning and Investment. Accompanying this list must be a certified copy of one of the personal identification documents specified in Article 24 of this Decree of each authorized representative.         A certified copy of one of the personal identification documents specified in Article 24 of this Decree of the authorized representative for a single-member limited liability company managed by an organization as stipulated in Clause 4, Article 67 of the Enterprise Law;

5. Power of attorney from the owner to the authorized person if the company owner is an organization;

6. A document confirming the statutory capital issued by the competent authority for companies operating in industries or professions that require statutory capital under the law;

7. A certified copy of the professional certificate of

one or more individuals as provided for companies operating in industries or professions that require a professional certificate under the law. Article 22. Registration Documents

for companies established based on division, separation, merger, and for the receiving company in a merger.enterprise 1. In the case of dividing a limited liability company or a joint-stock company into several similar companies, in addition to the documents specified in Articles 20 and 21 of this Decree, the registration documents

must include the decision to divide the company as stipulated in Article 150 of the Enterprise Law, the minutes of the meeting of the Board of Members for a limited liability company with two or more members, the minutes of the meeting of the General Meeting of Shareholders for a joint-stock company regarding the division of the company, and the Business Registration Certificate or Enterprise Registration Certificateenterprise or other equivalent documents and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration of the company. 2. In the case of separating a limited liability company or a joint-stock company to establish one or several new similar companies, in addition to the documents specified in Articles 20 and 21 of this Decree, the registration documents

of the separated company must include the decision to separate the company as stipulated in Article 151 of the Enterprise Law, the minutes of the meeting of the Board of Members for a limited liability company with two or more members, the minutes of the meeting of the General Meeting of Shareholders for a joint-stock company regarding the separation of the company, and a certified copy of the Business Registration Certificate or Enterprise Registration Certificateenterprise 3. In the case of merging several similar companies into a new company, in addition to the documents specified in Articles 20 and 21 of this Decree, the registration documents and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration of the company. 2. In the case of separating a limited liability company or a joint-stock company to establish one or several new similar companies, in addition to the documents specified in Articles 20 and 21 of this Decree, the registration documents

must include the merger agreement as stipulated in Article 152 of the Enterprise Law, the minutes and decisions of the Board of Members for a limited liability company with two or more members, the minutes and decisions of the General Meeting of Shareholders for a joint-stock company regarding the merger, and the Business Registration Certificate or Enterprise Registration Certificateenterprise of the merged companies. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration of the company. 4. In the case of merging one or several companies into another similar company, in addition to the documents specified in Chapter V of this Decree, in the registration documents

of the receiving company, there must also be the merger agreement as stipulated in Article 153 of the Enterprise Law, the minutes and decisions of the Board of Members for a limited liability company with two or more members, the minutes of the General Meeting of Shareholders for a joint-stock companyenterprise regarding the merger, and the Business Registration Certificate or Enterprise Registration Certificate of the receiving company and the merged companies. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration Announcing the establishment of a new enterprise simultaneously with announcing the cessation of operations of the old enterprise and resolving related rights and obligations.

The announcement of the establishment of a new enterprise is carried out concurrently with the announcement of the cessation of operations of the old enterprise as well as the resolution of related rights and obligations.

Article 23. Business registration files for cases of business enterprise conversion

1. In the case of converting a single-member limited liability company into a limited liability company with two or more members, the business registration file for conversion shall include:

a) A request for business enterprise conversion;

b) The company's articles of association in accordance with Article 22 of the Enterprise Law;;

c) A list of members in the form issued by the Ministry of Planning and Investment and a certified copy thereof; a valid copy of one of the personal identification documents specified in Article 24 of this Decree for each individual member of the company, and a certified copy of the Business Registration Certificate or Enterprise Registration Certificate for each corporate member of the company; A share transfer contract or a document confirming the gift of a portion of the company's ownership rights in the case where the company owner transfers or gifts a portion of their ownership interest in the company to one or several individuals; a decision of the company owner on additional capital contribution in the case where the company raises additional capital contributions from one or several individuals.

d) When receiving the Business Registration Certificate of the converted company, the company must return the original Business Registration Certificate or equivalent document of the converted company.

2. In the case of converting a limited liability company with two or more members into a single-member limited liability company, the business registration file for conversion shall include:

b) The company's articles of association in accordance with Article 22 of the Enterprise Law;

a) A request for business enterprise conversion;

c) A certified copy of the establishment decision or Business Registration Certificate or equivalent document for the case where the owner is an organization, or a certified copy of one of the personal identification documents specified in Article 24 of this Decree for the case where the owner is an individual;

d) A list of authorized representatives for a single-member limited liability company established in accordance with Clause 3 of Article 67 of the Enterprise Law; a certified copy of one of the personal identification documents specified in Article 24 of this Decree of the authorized representative for a single-member limited liability company established in accordance with Clause 4 of Article 67 of the Enterprise Law; A share transfer contract within the company;

e) A written decision and a certified copy of the meeting minutes of the Board of Members regarding the conversion of the company type.

đ) 3. In the case of converting a sole proprietorship into a limited liability company, the business registration file for conversion shall include:

c) A list of creditors and outstanding debts, including tax debts, payment deadlines; a list of current employees; a list of unfulfilled contracts;

2. In the case of converting a limited liability company with two or more members into a single-member limited liability company, the business registration file for conversion shall include:

d) A list of members in accordance with Article 23 of the Enterprise Law for the case of converting into a limited liability company with two or more members; a certified copy of one of the personal identification documents specified in Article 24 of this Decree for each individual member of the company, and a certified copy of the Business Registration Certificate or Enterprise Registration Certificate for each corporate member of the company;

a) A request for business enterprise conversion;

b) The company's charter;

đ) A written commitment of the sole proprietorship owner to be personally responsible for all outstanding debts of the sole proprietorship with all their assets and to pay the full amount of debt when due;

e) An agreement with the parties to the unfulfilled contracts regarding the acceptance and performance of these contracts by the converted limited liability company; g) A written commitment of the sole proprietorship owner or an agreement between the sole proprietorship owner and other shareholders regarding the acceptance and utilization of current employees of the sole proprietorship.

When receiving the Business Registration Certificate of the converted company, the enterprise must return the original Business Registration Certificate or equivalent document of the converted enterprise.

4. In the case of converting a limited liability company into a joint-stock company and vice versa, the business registration file for conversion shall include:

b) A decision of the company owner or a decision and meeting minutes of the Board of Members or General Meeting of Shareholders regarding the conversion of the company;

c) The company's articles of association after conversion;

d) A list of members or a list of founding shareholders or ordinary shareholders and relevant documents as stipulated in Clause 3 of Article 19 of the Enterprise Law;

a) A request for business enterprise conversion;

đ) A share transfer contract or investment agreement

c) The company charter after conversion;

d) A list of members or a list of founding shareholders or ordinary shareholders and other documents as prescribed in Clause 3, Article 19 of the Enterprise Law;

đ) Share transfer contracts or capital contribution agreements;.

2. In the case of converting a limited liability company with two or more members into a single-member limited liability company, the business registration file for conversion shall include:

Article 24. Personal identification documents in the registration dossier and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration

1. Valid Identity Card or valid Passport for Vietnamese citizens.

2. One of the following valid documents for Vietnamese citizens residing abroad:

a) Vietnamese Passport;

b) Foreign Passport (or document substituting for foreign Passport) and one of the documents proving Vietnamese origin in foreign countries.|||

3. Temporary residence registration certificate issued by competent authorities of Vietnam and valid Passport for foreign nationals permanently residing in Vietnam.

4. Valid Passport for foreign nationals not permanently residing in Vietnam.

Article 25. Receiving the registration dossierenterprise

1. The business establishment founder or their authorized representative shall submit the dossier in accordance with this Decree at the Provincial Business Registration Office where the business headquarters is located.

2. The business registration dossier will be received to enter information into the National Enterprise Registration Information System when: For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;it contains all required documents as stipulated in this Decree;

: Total cost of electricity purchase for the year (VND) from direct and indirect power plants participating in the electricity market, as specified in Clause 2 of this Article;b) The enterprise name has been filled in on the Application for Enterprise Registration or Application for Enterprise Conversion;

c) There is contact information of the person submitting the enterprise registration dossier;

d) The registration fee has been paid.

3. After receiving the dossier, the Provincial Business Registration Office must issue a receipt confirming the receipt of the dossier to the person submitting it. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration in accordance with regulations.

4. After receiving the registration dossier,

the Business Registration Office checks the validity of the dossier and enters complete and accurate information from the registration dossier For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;enterpriseinto the National Enterprise Registration Information System. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;enterprise In case the dossier is incomplete or the requested enterprise name does not comply with regulations, the Business Registration Office must notify the enterprise founder in writing within five working days from the date of receiving the dossier about the necessary amendments and supplements..

In case of electronic enterprise registration, the business registration authority will notify individuals or organizations that have registered enterprises through the electronic system about the registration results or the contents requiring supplementation and amendment (if any).

Article 26. Coordination process for creating and issuing the enterprise code

When the enterprise registration dossier meets the conditions for issuance of the Enterprise Registration Certificate as prescribed, the information about the enterprise registration dossier will be transferred to the database of the General Department of Taxation (Ministry of Finance). Within two working days from the date of receiving information from the National Enterprise Registration Database, the General Department of Taxation is responsible for creating the enterprise code and transferring the enterprise code back to the National Enterprise Registration Database for the Provincial Business Registration Office to issue to the enterprise. Information about the issuance of the Enterprise Registration Certificate will be transferred to the General Department of Taxation.

In case the General Department of Taxation refuses to issue the enterprise code, they must notify the Ministry of Planning and Investment, specifying the reasons for refusal to transfer to the Provincial Business Registration Office to inform the enterprise.

Article 27. Electronic enterprise registration

1. Electronic enterprise registration is the process whereby the enterprise founder registers the enterprise through the National Enterprise Registration Portal.

2. The Business Registration Office receives the dossier, examines the dossier, guides amendments and supplements to the dossier, and announces the result of the enterprise registration procedure through the National Enterprise Registration Information System.

3. In case the enterprise founder does not have an electronic signature, the electronic enterprise registration can be carried out according to the following procedure: after the enterprise registration dossier is approved on the National Enterprise Registration Information System, the enterprise will print the Confirmation of Submission of Enterprise Registration Dossier via the Electronic System from this system. The legal representative of the enterprise signs the Confirmation of Submission of Enterprise Registration Dossier via the Electronic System and sends it to the Provincial Business Registration Office where the enterprise's headquarters is located. After receiving the Confirmation of Submission of Enterprise Registration Dossier via the Electronic System from the enterprise, the Provincial Business Registration Office will consider issuing the Enterprise Registration Certificate to the enterprise.

4. The enterprise registration dossier submitted through the National Enterprise Registration Portal has the same legal effect as the paper-based dossier.

4. An enterprise registration dossier submitted through the National Enterprise Registration Portal has the same legal effect as a paper submission.

Article 28. Time limit for issuing the Business Registration Certificate For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;enterprise

1. Within five working days from the date of receiving a valid application file, the Provincial Business Registration Office shall issue the Business Registration Certificate to enterprises for business registration, changes to business registration content, division, separation, merger, consolidation, conversion of enterprises, branch operation registration, representative office registration, and notification of establishment of business premises. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;enterprise for enterprises, change registration content, division, separation, merger, consolidation, transformation of enterprises, branch operation registration, representative office registration, notification of establishment of business locations.

2. If the Business Registration Certificate is not issued within the above time limit or if the enterprise does not receive a notice requesting corrections or additions to the business registration file, the enterprise founder has the right to lodge a complaint in accordance with the law on complaints and denunciations. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;enterprise or does not receive a notice requesting corrections or additions to the registration dossier For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;enterprise, the enterprise founder has the right to lodge complaints in accordance with the law on complaints and denunciations.

Article 29. Issuance of the Business Registration Certificateenterprise

1. An enterprise shall be issued the Business Registration Certificate when it meets all conditions stipulated in Article 24 of the Enterprise Law.enterprise when meeting the conditions stipulated in Article 24 of the Enterprise Law.

2. The enterprise may collect the Business Registration Certificate directly at the Business Registration Authority or register and pay fees to receive the Business Registration Certificate through courier service.

3. From the date of issuance of the Enterprise Registration Certificate For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;3. From the date of issuance of the Business Registration Certificate, the enterprise has the right to engage in business operations, except for businesses that require specific conditions.

4. The enterprise has the right to request the Business Registration Authority to provide a copy of the Business Registration Certificate and must pay the fee as prescribed. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration and must pay fees as prescribed.

5. When a new Business Registration Certificate is issued in the case of changing business registration content, the enterprise must return the old Business Registration Certificate or the old Business License or equivalent documents.

Article 30. Correction of Information in the Business Registration Certificateenterprise

1. In cases where information in the Business Registration Certificate is found to be inaccurate compared to the content of the business registration file, the enterprise has the right to notify the Business Registration Authority to correct the information in the Business Registration Certificate to match the submitted business registration file.enterprise is inconsistent with the content of the registration dossierenterprise then the enterprise has the right to notify the business registration agency to correct the content in the Enterprise Registration Certificateenterprise to match the registration dossierenterprise already submitted.

2. Upon receipt of the notification, the Business Registration Authority will check the file and reissue the Business Registration Certificate to the enterprise within two working days from the date of receipt of the notification if the information in the enterprise's notification is accurate.enterprise to the enterprise within two working days from the date of receipt of the notification if the information in the enterprise's notification is accurate.

Article 31. Provision of Information on Business Registration Contententerprise

1. On the second week of each month, the Provincial Business Registration Office shall send a list along with information about enterprises registered in the previous month to the economic technical management agency at the same level and the district-level Business Registration Authority. Where there are conditions for information technology infrastructure, information exchange regarding business registration can be conducted via electronic networks.

2. Organizations and individuals may request the business registration agency to provide information about the enterprise registration content stored in the National Enterprise Registration Information System and must pay fees as prescribed..

2. Organizations and individuals may request the Business Registration Authority to provide information on business registration content stored in the National Business Registration Information System and must pay the fee as prescribed.

1. The enterprise founder must submit the registration feeenterprise Article 32. Business Registration Feesenterprise. 1. The enterprise founder must pay the business registration fee at the time of submitting the business registration file. The business registration fee can be paid directly at the Business Registration Authority or transferred to the Business Registration Authority's account. The business registration fee will not be refunded to the enterprise if the Business Registration Certificate is not issued.enterprise will not be refunded to the enterprise in case the enterprise does not receive the Enterprise Registration Certificateenterprise.

2. The Ministry of Finance, in coordination with the Ministry of Planning and Investment, shall guide the level of business registration fees and their use to ensure partial compensation for the costs of the Business Registration Authority's activities. The proportion retained by the Business Registration Authority shall not be less than 50% of the total amount collected from business registration fees. The level of business registration fees shall be uniformly implemented nationwide.enterprise, individual business registration, to ensure partial compensation for the costs of the business registration agency's activities. The proportion retained for the business registration agency shall not be less than 50% of the total amount collected from the enterprise registration fee. The level of the enterprise registration fee is implemented uniformly nationwide.

Article 33. Registration of Branch and Representative Office Activities, Notification of Business Location Establishment

1. Documents for registering branch and representative office activities:

When establishing a branch or representative office, the enterprise must notify the establishment of the branch or representative office to the Provincial Business Registration Agency at the location where the branch or representative office will be set up. The notification shall include:

a) Enterprise code number;

b) Name and registered address of the enterprise's head office;

c) Name of the planned branch or representative office;

d) Registered address of the branch or representative office;

đ) The content and scope of activities of the branch or representative office;

e) Full name, place of residence, identification card number or passport number or other lawful personal identification as stipulated in Article 24 of this Decree of the head of the branch or representative office;

g) Full name and signature of the legal representative of the enterprise.

Along with the notification provided for in this clause, there must be:

- A written decision and a certified copy of the minutes of the meeting of the Board of Members for a limited liability company with two or more members, of the owner of the company or the Board of Members or the Chairman of the company for a single-member limited liability company, of the Board of Directors for a joint stock company, or of the general partners for a partnership regarding the establishment of the branch or representative office;

- A certified copy of the written appointment decision for the head of the branch or representative office;

- A certified copy of one of the lawful personal identification documents as stipulated in Article 24 of this Decree of the head of the branch or representative office;

For branches engaged in industries or professions that require a practice certificate, they must also provide a certified copy of the practice certificate of the branch head or another individual as prescribed by specialized laws.

2. Notification of business location establishment:

The business location of an enterprise may be outside the registered address of its head office. An enterprise can only establish a business location in the province or centrally-administered city where the enterprise's head office is located or where a branch is located. Within ten working days from the date of the decision to establish a business location, the enterprise must notify the Provincial Business Registration Agency of the location of the business location. The notification shall include:

a) Enterprise code number;

b) Name and registered address of the enterprise's head office or name and address of the branch (in case the business location belongs to the branch);

c) Name and address of the business location;

d) Field of activity of the business location;

đ) Full name, place of residence, identification card number or passport number or other lawful personal identification as stipulated in Article 24 of this Decree of the head of the business location;

e) Full name and signature of the legal representative of the enterprise.

3. After receiving valid documents from the enterprise, the Provincial Business Registration Agency enters the information into the National Enterprise Registration Information System to request a code number for the branch, representative office, or business location, then issues a Certificate of Registration for Branch and Representative Office Activities, or supplements the business location into the Certificate of Enterprise Registration or the Certificate of Registration for Branch Activities of the enterprise. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;oanh nghiệp or Certificate of Registration for Branch Activities of the enterprise.

4. In cases where an enterprise establishes a branch or representative office in a province or centrally-administered city different from where the enterprise's head office is located, within seven working days from the date of issuance of the Certificate of Registration for Branch and Representative Office Activities, the enterprise must notify in writing to the Provincial Business Registration Agency at the location of the enterprise's head office to supplement the registration documents and obtain a new Certificate of Enterprise Registration. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;5. The establishment of branches or representative offices of enterprises abroad shall be carried out in accordance with the laws of that country. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;4. Throughout its operational period, from establishment until cessation of activities, the business registration number shall be used for tax declarations for all types of taxes due, including cases where the business engages in multiple industries or operates in different locations.

Within thirty working days from the official opening date of the branch or representative office abroad, the enterprise must notify in writing the Provincial Business Registration Agency where the enterprise has registered. Attached

to the notification must be a certified copy of the Certificate of Registration for Branch and Representative Office Activities or equivalent documents to supplement the registration documents. HỒ SƠ, TRÌNH TỰ, THỦ TỤC ĐĂNG KÝ THAY ĐỔI NỘI DUNG ĐĂNG KÝ DOANH NGHIỆP For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;5. The establishment of branches or representative offices of enterprises abroad shall be carried out in accordance with the laws of that country. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;4. Throughout its operational period, from establishment until cessation of activities, the business registration number shall be used for tax declarations for all types of taxes due, including cases where the business engages in multiple industries or operates in different locations.

Chapter V

DOCUMENTS, PROCEDURES, AND REGULATIONS FOR REGISTERING CHANGES TO ENTERPRISE REGISTRATION CONTENT

Article 34. Supplementary Registration and Change of Business Fields

1. In case of changing business fields, the enterprise shall notify the Business Registration Office where the enterprise has registered. The notification shall include:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) Supplementary or changed business fields;

c) Full name, signature of the legal representative of the enterprise.

In cases where supplementary or changed business fields require statutory capital, there must be an additional document confirming the statutory capital issued by the competent authority. In cases where supplementary or changed business fields require a professional practice certificate, there must be an additional certified copy of the professional practice certificate of one or more individuals as prescribed by specialized laws.

Accompanying the notification must be a written decision and a copy of the minutes of the meeting of the Board of Members for a limited liability company with two or more members, of the Shareholders' Meeting for a joint-stock company, and of the general partners for a partnership company; the decision of the sole owner of the company for a single-member limited liability company regarding the supplementary or changed business fields. The decision and meeting minutes must clearly state the contents that have been amended in the Company Charter..

Upon receipt of the notification,

the Business Registration Office shall issue a receipt and register the supplementary or changed business fields for the enterprise. Notification, the Business Registration Department issues a receipt and registers additional or changed business sectors for the enterprise.

Article 35. Registration of Change of Principal Office Address

1. Before registering to change the principal office address, the enterprise must complete procedures with the tax authority related to the relocation according to the provisions of the Tax Law.

2. In case When transferring the principal office address to another location within the province or centrally-administered city where the enterprise has registered, the enterprise shall send Notification to the Business Registration Office where the enterprise has registered. The content includes: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) The proposed new principal office address;

c) Full name, signature of the legal representative of the enterprise.

Accompanying the notification must be a written decision and a copy of the minutes of the meeting of the Board of Members for a limited liability company with two or more members, of the Shareholders' Meeting for a joint-stock company, and of the general partners for a partnership company; the decision of the sole owner of the company for a single-member limited liability company. The decision and meeting minutes must clearly state the contents that have been amended in the Company Charter.

Upon receipt of the notification, Notificationthe Business Registration Office shall issue a receipt and register the change of the principal office address for the enterprise.

3. In case When transferring the principal office address of the enterprise to another province or centrally-administered city, the enterprise shall send Notification to the Business Registration Office where the new principal office is planned to be located. The content includes: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) The proposed new principal office address;

c) Full name, identification card number or passport number or other lawful personal identification as stipulated in Article 24 of this Decree, permanent residence address, and signature of the legal representative of the enterprise.

Accompanying the notification sent to the Business Registration Office where the new principal office is planned to be located must be a certified copy of the amended Company Charter and a list of members for a limited liability company with two or more members, a list of authorized representatives for a single-member limited liability company managed according to the provisions of Clause 3, Article 67 of the Enterprise Law, a list of founding shareholders for a joint-stock company, a list of general partners for a partnership company; a written decision and a copy of the minutes of the meeting of the Board of Members for a limited liability company with two or more members, of the Shareholders' Meeting for a joint-stock company, and of the general partners for a partnership company; the decision of the sole owner of the company for a single-member limited liability company. Upon receipt of the notification,

Upon receipt of the notification, Notificationthe Business Registration Office where the new principal office is planned to be located shall issue a receipt, register the change of the principal office address, and reissue the Enterprise Registration Certificate for the enterprise.

Within five working days from the date of reissuing the Enterprise Registration Certificate to the enterprise, the Business Registration Office where the new principal office is located must send a certified copy of the new Enterprise Registration Certificate to the Business Registration Office where the enterprise was previously registered.

4. Changing the principal office address of the enterprise does not alter the rights and obligations of the enterprise.

Article 36. Registration of Change of Enterprise Name

1. In case To change the name, the enterprise shall send Notification to the Business Registration Office which issued the Enterprise Registration Certificate to the enterprise. The content includes: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) Current name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) Proposed new name;

c) Full name, signature of the legal representative of the enterprise.

Accompanying the notification must be a written decision and a copy of the minutes of the meeting of the Board of Members for a limited liability company with two or more members, of the Shareholders' Meeting for a joint-stock company, and of the general partners for a partnership company; the decision of the sole owner of the company for a single-member limited liability company. The decision and meeting minutes must clearly state the contents that have been amended in the Company Charter.

the Business Registration Office shall issue a receipt and register the supplementary or changed business fields for the enterprise. NotificationUpon receipt of the notification,

3. The change of the business name does not affect the rights and obligations of the business.

Article 37. Registration of Changes in General Partners

In cases where a new general partner is accepted, or the status of a general partner is terminated according to Clauses 1, 2, and 3 of Article 138 of the Enterprise Law, the limited liability partnership shall send Notification to the Business Registration Office where the company has registered. Contents include: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

1. Name, business registration code, tax code or business registration certificate number (in cases where the enterprise does not yet have a business registration code and tax code);

2. Surname, name, identification card number or passport number or other lawful personal identification as stipulated in Article 24 of this Decree, permanent address of the new general partner, and of the general partner whose status has been terminated;

3. Signature of all general partners or authorized general partners, except for the general partner whose status has been terminated;

4. The contents that have been modified in the Company Charter.

Along with the Notification, there must be acopy of the identification card or passport or other lawful personal identification as stipulated in Article 24 of this Decree of the new general partner.

Upon receipt of the notification, NotificationThe Business Registration Office will issue a receipt and register the change in general partners for the company.

Article 38. Registration of Changes in Legal Representative of Limited Liability Companies and Joint Stock Companies

In cases where the legal representative of a limited liability company or joint stock company is changed, the company shall send Notification to the Business Registration Office where the company has registered. Contents include: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

1. Name, business registration code, tax code or business registration certificate number (in cases where the enterprise does not yet have a business registration code and tax code);

2. Surname, name, identification card number or passport number or other lawful personal identification as stipulated in Article 24 of this Decree, position, permanent address of the current legal representative of the company and of the person replacing the legal representative of the company;

3. Surname, name, and signature of the Chairman of the Board of Members for a limited liability company with two or more members, of the sole owner of the company or the Chairman of the Board of Members or the Chairman of the company for a single-member limited liability company, of the Chairman of the Board of Directors for a joint stock company. In cases where the Chairman of the Board of Members, Chairman of the company, or Chairman of the Board of Directors of the company has fled from their place of residence, been detained, suffered from mental illness or other diseases that prevent them from recognizing or controlling themselves, or refuse to sign the company's notification, then the surnames, names, and signatures of the members of the Board of Members, sole owner of the company, or members of the Board of Directors who attended and voted in agreement on the change of the legal representative of the company must be provided.

Along with the Notification, there must be: A written decision and a copy of the minutes of the meeting of the Board of Members for a limited liability company with two or more members, of the Shareholders' Meeting for a joint stock company in cases where the change of the legal representative of the company alters the contents of the Company Charter, of the Board of Directors for a joint stock company in cases where the change of the legal representative of the company does not alter the contents of the Company Charter; Decision of the sole owner of the company regarding the change of the legal representative of a single-member limited liability company; acopy of the identification card or passport or other lawful personal identification as stipulated in Article 24 of this Decree of the person replacing the legal representative of the company.

The decision, minutes of the meeting of the Board of Members or Shareholders' Meeting, and the decision of the sole owner of the company must clearly state the contents that have been modified in the Company Charter.

Upon receipt of the notification, NotificationThe Business Registration Office will issue a receipt and register the change in the legal representative of a limited liability company or joint stock company.

Article 39. Registration of Changes to the Investment Capital of a Private Enterprise Owner

In cases where the registered investment capital is increased or decreased, the private enterprise owner must submit a Notice of Change in Investment Capital to the Business Registration Office where the enterprise has been registered. The contents of the Notice include:

1. Name, business code, tax code, or business registration certificate number (in cases where the enterprise does not yet have a business code and tax code);

2. The amount of registered investment capital, the amount of changed registered capital, and the date of the change in investment capital;

3. Full name and signature of the private enterprise owner.

Upon receipt of the notification, NotificationThe Business Registration Office shall issue a receipt and register the change in investment capital for the enterprise.

Article 40. Registration of Changes to the Charter Capital and Shareholding Ratio

1. In cases where a company increases or decreases its charter capital or changes the shareholding ratio, the company must send a Notice to the Business Registration Office where it has been registered. The contents of the Notice include:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) Full name, address, nationality, identification card number, passport number, or other lawful personal identification as stipulated in Article 24 of this Decree, or establishment decision number, business code of each member for a limited liability company with two or more members, of the sole shareholder and the authorized representative for a single-member limited liability company, of the founding shareholders for a joint-stock company, of the general partners for a partnership;

c) The shareholding ratio of each member for a limited liability company with two or more members or of each founding shareholder for a joint-stock company, the authorized ownership ratio of each proxy for a single-member limited liability company managed according to Clause 3, Article 67 of the Enterprise Law;

d) Registered charter capital and proposed changed charter capital; the date and form of increase or decrease in capital;

đ) Full name, nationality, identification card number or passport number, or other lawful personal identification as stipulated in Article 24 of this Decree, permanent residence address, and signature of the legal representative of the company or authorized general partner for a partnership and Chairman of the Board of Members for a limited liability company, Chairman of the Board of Directors for a joint-stock company.

Along with the notice, there must be a written decision and a copy of the meeting minutes of the Board of Members for a limited liability company with two or more members, of the General Meeting of Shareholders for a joint-stock company; the decision of the sole shareholder of a single-member limited liability company regarding the change in the company's charter capital. The decision, meeting minutes of the Board of Members or General Meeting of Shareholders, and the decision of the sole shareholder must clearly state the amended contents in the company's Articles of Association.

For cases of reducing the charter capital, the enterprise must commit to ensuring full payment of all debts and other property obligations after the reduction, along with the notice, there must also be the most recent financial report of the company at the period closest to the decision to reduce the charter capital. For companies with foreign ownership exceeding 50%, the financial report must be confirmed by an independent auditor.

Upon receipt of the notification, NotificationThe Business Registration Office shall issue a receipt and register the increase or decrease in capital for the company.

2. Single-member limited liability companies shall not carry out the registration of reducing the charter capital.

3. In cases where the charter capital of enterprises operating industries or professions requiring statutory capital is reduced, the enterprise may only register the reduction in charter capital if the registered capital after the reduction is not lower than the statutory capital applicable to that industry or profession.

4. The charter capital of a joint-stock company does not include the value of shares that are entitled to be offered.

Article 41. Registration of Changes to Founding Shareholders of Joint Stock Companies

1. Registration of changes to founding shareholders of joint stock companies in cases provided for in Clause 3 of Article 84 of the Enterprise Law:

The company shall submit Notification to the Business Registration Office where the company has registered. Contents include: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) Name, main office address, business registration number or establishment decision for organizational founding shareholders or name, identity card number, passport number, or other lawful personal identification as stipulated in Article 24 of this Decree for individual founding shareholders who have not fulfilled their capital contribution commitment and the uncontributed capital portion of such shareholder;

c) Name, main office address, business registration number or establishment decision for organizations or name, identity card number, passport number, or other lawful personal identification as stipulated in Article 24 of this Decree for individuals receiving additional contributions and their contributed capital amount after such contributions;

d) Name, identity card number, passport number, or other lawful personal identification as stipulated in Article 24 of this Decree and signature of the legal representative of the company.

Attached with the Notification must be a written decision and a certified copy of the meeting minutes of the General Meeting of Shareholders regarding the change of founding shareholders due to non-compliance with the capital contribution commitment; list of founding shareholders after the change; certified copy of the establishment decision, Business Registration Certificate or equivalent document, certified copy of one of the personal identification documents as stipulated in Article 24 of this Decree of the authorized representative and corresponding authorization decision for organizations or certified copy of identity card, passport, or other lawful personal identification as stipulated in Article 24 of this Decree for individuals receiving additional contributions.

The decision and meeting minutes of the General Meeting of Shareholders must clearly state the amended contents in the Company Charter.

Upon receipt of the Notification, the Department of Business Registration shall issue a receipt and register the change of founding shareholders for the company.

2. Registration of changes to founding shareholders in cases provided for in Clause 5 of Article 84 of the Enterprise Law.

The company shall submit Notification to the Business Registration Office where the company has registered. Contents include: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) Name, main office address, business registration number or establishment decision number for organizational founding shareholders or name, identity card number, passport number, or other lawful personal identification as stipulated in Article 24 of this Decree for individual founding shareholders, the contributed capital portion of the transferring party and the receiving party;

c) Name, identity card number, passport number, or other lawful personal identification as stipulated in Article 24 of this Decree and signature of the legal representative of the company.

Attached with the Notification must be: a written decision and a certified copy of the meeting minutes of the General Meeting of Shareholders regarding the change of founding shareholders; list of founding shareholders after the change; share transfer agreement and documents certifying the completion of the transfer; certified copy of the establishment decision, certified copy of one of the personal identification documents as stipulated in Article 24 of this Decree of the authorized representative and corresponding authorization decision for organizational founding shareholders receiving transfers or certified copy of identity card, passport, or other lawful personal identification as stipulated in Article 24 of this Decree for individual founding shareholders receiving transfers. The decision and meeting minutes of the General Meeting of Shareholders must clearly state the amended contents in the Company Charter.

Upon receipt of the notification, NotificationThe Department of Business Registration shall issue a receipt and register the change of founding shareholders for the company.

3. Registration of changes to founding shareholders due to share donations:

The registration of changes to founding shareholders in cases of share donations shall be carried out according to the provisions applicable to the registration of founding shareholders due to share transfers, wherein the share transfer agreement and documents certifying the completion of the transfer shall be replaced by a share donation agreement.

Article 42. Registration for Change of Members in Limited Liability Companies with Two or More Members

1. In case of accepting new members, the company shall submit Notification to the Business Registration Office where the company has registered. Contents include: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) Name, business registration code, main office address for organizational members; name, surname, nationality, identification card number or passport number or other lawful personal identification as stipulated in Article 24 of this Decree for individual members; the value of capital contribution, amount of capital contribution, time of contribution, type of contributed assets, quantity and value of each type of contributed asset of new members;

c) The changed capital contribution portion of existing members after accepting new members;

d) The registered capital of the company after accepting new members;

đ) Name, signature of the legal representative of the company.

Accompanying the Notice must be: a written decision and a copy of the meeting minutes of the Board of Members regarding the acceptance of new members; documents confirming the capital contribution of new members by the company; a copy of the establishment decision; a certified copy of one of the personal identification documents as stipulated in Article 24 of this Decree of the authorized representative and the corresponding authorization decision for organizational members or a copy of the identification card or passport or other lawful personal identification as stipulated in Article 24 of this Decree for individual members. The decision and meeting minutes of the Board of Members must clearly state the amended contents in the Company Charter.

Upon receipt of the notification, Notification, the Business Registration Office shall issue a receipt and register the change of members and increase in registered capital for the company.

2. In case of changing members due to transfer of capital contribution portions, the company shall submit Notification to the Business Registration Office where the company has registered its business operations. Contents include Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) Name, main office address for organizations or name, surname, nationality, identification card number or passport number or other lawful personal identification as stipulated in Article 24 of this Decree for individuals; the capital contribution portion of the transferring party and the receiving party;

c) The capital contribution portion of members after the transfer;

d) The date of transfer completion;

đ) Name, signature of the legal representative of the company.

Accompanying Notification must be the transfer agreement and documents certifying the completion of the transfer with confirmation from the company; a copy of the establishment decision, a certified copy of one of the personal identification documents as stipulated in Article 24 of this Decree of the authorized representative and the corresponding authorization decision for new organizational members or a copy of the identification card or passport or other lawful personal identification as stipulated in Article 24 of this Decree for new individual members.

Upon receipt of the notification, Notification, the Business Registration Office shall issue a receipt and register the change of members for the company.

3. In case of changing members due to inheritance, the company shall submit Notification to the Business Registration Office where the company has registered. Contents include: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) Name, identification card number or passport number or other lawful personal identification as stipulated in Article 24 of this Decree, nationality, capital contribution portion left for inheritance by the member and of each inheritor;

c) The date of inheritance;

d) Name, signature of the legal representative of the company.

Accompanying the notice must be a legal certification document of the inheritor's inheritance; a copy of the identification card or passport or other lawful personal identification as stipulated in Article 24 of this Decree of the inheritor.

Upon receipt of the notification, Notification, the Business Registration Office shall issue a receipt and register the change of members for the company.

4. In case of registering changes in members due to non-compliance with capital contribution commitments as stipulated in Clause 3, Article 39 of the Enterprise Law, the company shall submit Notification to the Business Registration Office where the company has registered. Contents include: Notification b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) Name, enterprise code, tax code or business registration certificate number (in case the enterprise does not yet have an enterprise code and tax code);

b) Name, main office address for organizations or name, identification card number or passport number or other lawful personal identification as stipulated in Article 24 of this Decree, nationality, capital contribution portion of the member who did not comply with the commitment and of the person receiving the supplementary contribution;

c) Name, signature of the legal representative of the company.

Accompanying Notification must be: a written decision and a copy of the meeting minutes of the Board of Members regarding the change of members due to non-compliance with capital contribution commitments, list of remaining members of the company. The decision and meeting minutes of the Board of Members must clearly state the amended contents in the Company Charter.

Upon receipt of the notice, the Business Registration Office shall issue a receipt and register the change of members for the company.

5. Registration for change of members due to gift of capital contribution portions:

The registration for change of members in cases of gift of capital contribution portions shall be carried out similarly to the registration for change of members due to transfer of capital contribution portions, wherein the transfer agreement and documents certifying the completion of the transfer shall be replaced by a gift agreement for capital contribution portions.

Article 43. Registration of Change of Ownership of a Limited Liability Company with One Member

In the case where the owner of the company transfers the entire charter capital to an individual or an organization, the transferee must register the change of ownership of the company. The registration dossier includes:

1. Notification of changes to business registration content signed by the owner or the legal representative of the previous owner and the new owner or the legal representative of the new owner.

2. A certified copy of one of the personal identification documents specified in Article 24 of this Decree of the transferee if the transferee is an individual, or a certified copy of the Business Registration Certificate or Enterprise Registration Certificate or establishment decision if the transferee is an organization; a certified copy of one of the personal identification documents specified in Article 24 of this Decree of the authorized representative.

3. Amended and supplemented articles of association of the company;

4. Share transfer contract and documents proving the completion of share transfer.

Upon receipt of the registration dossier for change from the enterprise, the Business Registration Department issues a receipt and registers the change of ownership of the company.

Article 44. Registration of Change of Owner of a Sole Proprietorship Business in the Case of Sale, Gift, Death, or Disappearance of the Owner

In the case where the owner of a sole proprietorship business sells, gifts the business, or dies or disappears, the buyer, the recipient of the gift, or the heir must register the change of owner of the sole proprietorship business. The registration dossier includes:

1. Notification of change of owner of a sole proprietorship business signed by the seller, donor, and buyer or recipient of the gift for the sale or gift of a sole proprietorship business; signature of the heir for the death or disappearance of the owner of a sole proprietorship business. 2. A certified copy of one of the personal identification documents specified in Article 24 of this Decree of the buyer, recipient of the gift of a sole proprietorship business, or heir.

3. Purchase and sale contract, gift contract of the business and documents

proving the completion of the transfer or gift for the sale or gift of a sole proprietorship business; Death certificate, Declaration of disappearance issued by the Court for the owner of a sole proprietorship business in the case of death or disappearance of the owner of a sole proprietorship business, legal inheritance confirmation document of the heir. When receiving the registration dossier for change from the business, the Business Registration Department issues a receipt and registers the change of owner of a sole proprietorship business.

Article 45. Registration of Changes to Tax Registration Content.

1. In the case where an enterprise changes tax registration content without changing business registration content, the enterprise sends a Notification to the provincial Business Registration Department where the enterprise's main office is located.

The contents of the notification include:

a) Name, address of the main office, business code number, and date of issuance of the Business Registration Certificate, Tax Registration Certificate, or Enterprise Registration Certificate;

b) Information on changes to tax registration details.

2. The business registration authority receives the Notification, enters data into the National Enterprise Registration Information System to transfer information to the database of the General Department of Taxation while retaining the Notification in the enterprise registration file.

2. The business registration agency receives the Notification, enters data into the National Enterprise Registration Information System to transfer information to the database of the General Department of Taxation, and retains the Notification in the enterprise registration dossier.

Article 46. Registration of Changes to Business Registration Content and Activities Pursuant to Court Decisions

In cases where there is a change in the business registration content or activities pursuant to a court decision, the enterprise must register such changes. The registration dossier must include a certified copy of the judgment or decision of the court that has become legally effective.

Article 47. Registration of Changes to Branch, Representative Office, Business Location Activity Registration Content and Notification of Termination of Branch, Representative Office, Business Location Activities

1. When changing the registered contents of branches, representative offices, or business locations, the enterprise shall notify the Provincial Business Registration Agency where the branch or representative office is located to obtain a new Certificate of Registration for Branch or Representative Office Activities.

2. In cases where the branch or representative office is relocated to another province or centrally governed municipality from its originally registered location, the enterprise shall notify the Provincial Business Registration Agency of the intended new location and the Provincial Business Registration Agency of the current location. located outside the central city where the branch or representative office was registered, the enterprise sends The Provincial Business Registration Agency of the intended new location will receive the notification and issue a Certificate of Registration for Branch or Representative Office Activities.

3. When terminating the activities of branches, representative offices, or business locations, the enterprise shall notify the Business Registration Agency that issued the Certificate of Registration for Branch or Representative Office Activities or the agency where the business location was previously notified. The Business Registration Agency will receive the notification and proceed with the procedures to revoke the Certificate of Registration for Branch or Representative Office Activities or remove the business location from the Enterprise Registration Certificate or Certificate of Registration for Branch or Representative Office Activities. branch, representative office, business location, the enterprise sends the Notification to the business registration agency that issued the registration certificate for the branch or representative office or where the enterprise notified the establishment of a business location. The business registration agency receives the Notification and processes the revocation of the registration certificate for the branch or representative office or deletes the business location from the enterprise registration certificate or the registration certificate for the branch or representative office.

Article 48. Right to Protest of Enterprises

After five working days from the date of submitting the Notification regarding the change in registration content to the Business Registration Agency, if the enterprise does not receive the registration of the changed business registration content as prescribed or does not receive a notification requesting corrections or additions to the registration dossier from the Business Registration Agency, then the enterprise has the right to protest in accordance with the law on protests and complaints. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration to the Business Registration Department but the enterprise is not registered for changes to the registration content as prescribed or does not receive a notice requesting corrections or additions to the registration dossier from the Business Registration Department, then the enterprise has the right to lodge complaints in accordance with the law on complaints and denunciations.

Chapter VI

BUSINESS HOUSEHOLD REGISTRATION

Article 49. Individual Business Households

1. An individual business household is managed by a Vietnamese citizen, a group of people, or a family, can only register for business at one location, employ no more than ten workers, does not have a seal, and is personally liable for all assets for their business activities.

2. Family households engaged in agricultural, forestry, fishery production, salt-making, and itinerant vendors, snack sellers, peddlers, mobile traders, low-income service providers do not need to register except for businesses in regulated industries. The People's Committee of the province or centrally governed municipality shall define the threshold of low income applicable within their jurisdiction.

3. An individual business household that regularly employs more than ten workers must convert to operating under the enterprise form.

Article 50. Right to establish a business household and obligation to register a business household

1. Vietnamese citizens who are at least eighteen years old, having full capacity for civil acts and full legal capacity; households have the right to establish a business household and the obligation to register a business household in accordance with the provisions of this Chapter.

2. Individuals and households referred to in Clause 1 of this Article are only allowed to register one business household nationwide.

Article 51. Certificate of Business Household Registration

1. The Certificate of Business Household Registration shall be issued to a business household established and operating in accordance with this Decree.

2. The Certificate of Business Household Registration shall be issued based on information contained in the business household registration dossier submitted by the individual establishing the business household, who bears full responsibility for it.

Article 52. Procedure and Formalities for Registering a Business Household

1. An individual, a group of individuals, or a representative of a household submits a Request for Business Household Registration to the Registration Authority at the district level where the business location is situated. The contents of the Request for Business Household Registration include:

a) Name of the business household, address of the business location;

b) Industry and business activities;

c) Business capital;

d) Full name, identification card number and date of issuance, residential address, and signature of the individuals establishing the business household for a business household established by a group of individuals, of the individual for a business household established by an individual, or of the representative of the household for a business household established by a household.

Accompanying the Request for Business Household Registration must be copies of the identification cards of the individuals participating in the business household or the representative of the household, and a minutes of the meeting of the group of individuals regarding the establishment of the business household for a business household established by a group of individuals.

For those industries and trades that require a practice certificate, accompanying the documents specified in Clause 1 of this Article must be a valid copy of the practice certificate of the individual or the representative of the household.

For those industries and trades that require a statutory capital, accompanying the documents specified in Clause 1 of this Article must be a valid copy of the confirmation of statutory capital from the competent authority or organization.

2. Upon receiving the dossier, the Registration Authority at the district level shall issue a receipt and issue the Certificate of Business Household Registration to the business household within five working days from the date of receipt of the dossier, if the following conditions are met:

a) The industry or trade does not belong to the list of prohibited industries or trades;

b) The proposed name of the business household complies with the provisions of Article 56 of this Decree;

c) All registration fees have been paid as prescribed.

In case the dossier is not in compliance, within five working days from the date of receipt of the dossier, the Registration Authority must notify in writing the contents that need to be amended or supplemented to the individual establishing the business household.

3. If, after five working days from the date of submission of the business household registration dossier, the individual registering the business household does not receive the Certificate of Business Household Registration or a notification requesting amendments or supplements to the business household registration dossier, then the individual has the right to lodge a complaint in accordance with the laws on complaints and denunciations.

4. On a regular basis, during the first week of each month, the Registration Authority at the district level shall send a list of business households registered in the previous month to the tax authority at the same level, the Registration Department, and the economic and technical management agency at the provincial level.

Article 53. Time of Business Operation

A business household has the right to commence business operations from the date it is issued a Business Registration Certificate, except for businesses in industries that require conditions.

Article 54. Business Location of Business Households

For business households engaged in itinerant trade or mobile business, they must select a fixed location to register their business. This location can be their place of permanent residence registration, temporary residence registration, or the most frequently used business location, or the location where transactions take place. Itinerant and mobile business households may conduct business outside the registered location with the business registration authority but must notify the tax authority and market management agency at the registered headquarters and the location where the business activities are conducted.

Article 55. Amendment of Business Household Registration Content

1. When changing the registered business content, the business household shall notify the county-level business registration authority where the registration was made. 2. In cases of temporarily suspending business operations for thirty days or more, the business household shall notify the county-level business registration authority where the business was registered and the directly managing tax authority. The suspension period shall not exceed one year.

3. Upon ceasing business operations, the business household must return the original Business Registration Certificate to the county-level business registration authority where the registration was made, and simultaneously settle all debts, including unpaid taxes and financial obligations.

Article 56. Naming of Business Households

1. Business households have a specific name. The name of a business household consists of the following two components:

a) The type "Business Household";

b) The specific name of the business household.

The specific name must be written in Vietnamese, may include numbers and symbols, and must be pronounceable.

2. The specific name of a business household may not use terms or symbols that violate the historical traditions, culture, ethics, and customs of the nation.

3. The specific name of a business household may not duplicate the specific name of another registered business household within the same district.

PROCEDURE AND PROCEDURES FOR TEMPORARY SUSPENSION OF BUSINESS OPERATIONS,

Chapter VII

ISSUANCE OF BUSINESS REGISTRATION CERTIFICATE, RECOVERY OF BUSINESS REGISTRATION CERTIFICATE, BUSINESS HOUSEHOLD REGISTRATION CERTIFICATE, Article 57. Temporary Suspension of Business Operations

Businesses and business households that temporarily suspend business operations must notify in writing the business registration authority where the business or household was registered and the tax authority at least fifteen days before the suspension. The notification content includes:

1. Name, main office address,

business code number date of issuance and business registration certificate or equivalent document for businesses; Business Registration Certificate for business households Enterprise Registration Certificate 2. Industries and trades..

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

4. Reasons for temporary suspension.

5. Full name and signature of the legal representative of the enterprise or the representative of the business household.

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, of the sole owner for a single-member limited liability company, of the General Meeting of Shareholders for joint-stock companies, and of the general partners for partnership companies.

The Business Registration Department receives the notification from the business, enters the information into the National Enterprise Registration Information System for monitoring.

The county-level business registration authority receives the notification from the business household, files it in the business household registration file for monitoring.

The district business registration agency receives the notification of individual businesses, retains it in the individual business registration dossier for monitoring.

Article 58. Reissuing the Enterprise Registration Certificate

In cases where the Enterprise Registration Certificate is lost, burned, torn, deteriorated, or destroyed in other ways, the enterprise may submit a request for reissuing the Enterprise Registration Certificate to the business registration authority that issued the Enterprise Registration Certificate to the enterprise.

The business registration authority shall accept the request for reissuing the Enterprise Registration Certificate and issue a new Enterprise Registration Certificate within five working days from the date of receipt of the request for reissuing the Enterprise Registration Certificate.

Article 59. Revocation of the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration

1. Cases of revoking the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration are stipulated in Clause 2, Article 165 of the Enterprise Law, Point g, Clause 1, Article 93 of the Tax Administration Law.

2. Procedures and formalities for revoking the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration in cases decided by the Court shall be carried out according to the guidance of the competent state agency.

Article 60. Procedures and formalities for revoking the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration

1. In cases where the Business Registration Department discovers false information in the registration dossier: and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration If the Business Registration Department discovers false information in the registration dossier for establishing a new enterprise, it shall issue a notice of violation and a decision to revoke the Enterprise Registration Certificate

If the Business Registration Department discovers false information in the registration dossier for changing the registered content and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration.

it shall issue a notice of violation and cancel the changes made in the registered content based on false information, restore the Enterprise Registration Certificate issued based on the most recent valid dossier, and notify the competent authority to handle the matter in accordance with the law and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration 2. In cases where the individual proprietor, member of a limited liability company, founding shareholder of a joint-stock company, and general partner of a partnership who have registered belong to the category prohibited from establishing enterprises under Clause 2, Article 13 of the Enterprise Law:.

a) For individual proprietorships and single-member limited liability companies owned by individuals: The Business Registration Department where the enterprise has registered shall issue a notice of violation and a decision to revoke the Enterprise Registration Certificate

b) For limited liability companies with two or more members, single-member limited liability companies owned by organizations, joint-stock companies, and partnerships: The Business Registration Department where the enterprise has registered shall issue a written notice requiring the enterprise to change its members or shareholders belonging to the category not allowed to establish enterprises within thirty days from the date of notification. If the enterprise does not register the change within the specified period, the Business Registration Department shall issue a notice of violation and a decision to revoke the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration.

3. In cases where the enterprise violates Points c, d, đ, and e of Clause 2, Article 165 of the Enterprise Law, the Business Registration Department shall issue a written notice of violation and require the legal representative of the enterprise to come to the department's office to explain. After ten working days from the end of the deadline set in the notice, if the person required does not attend or the explanation is unsatisfactory, the Business Registration Department shall issue a decision to revoke the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration.

4. In cases where the enterprise fails to submit reports as prescribed in Point g, Clause 2, Article 165 of the Enterprise Law, within ten working days from the end of the reporting deadline, the Business Registration Department shall send a written notice of violation and require the legal representative of the enterprise to come to the department's office to explain. After ten working days from the end of the deadline set in the notice, if the person required does not attend or the explanation is unsatisfactory, the Business Registration Department shall issue a notice of violation and a decision to revoke the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration.

5. In cases where the Business Registration Department discovers that the enterprise is engaging in prohibited industries or professions, it shall issue a notice of violation and a decision to revoke the Enterprise Registration Certificate , and notify the competent state agencies to handle the matter in accordance with the law. 6. In cases where the enterprise is compulsorily enforced to execute administrative tax decisions as stipulated in Point g, Clause 1, Article 93 of the Tax Administration Law, after receiving the document requesting the revocation of the Enterprise Registration Certificate from the head of the tax management agency as prescribed in Point b, Clause 2, Article 102 of the Tax Administration Law, the business registration authority shall carry out the procedures for revoking the Enterprise Registration Certificate according to the procedures and formalities prescribed in Clause 3 of this Article. 7. After receiving the Decision to Revoke the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration.

, the enterprise shall dissolve itself in accordance with Article 158 of the Enterprise Law. Six months after the date of the decision to revoke the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration, if no dissolution dossier is received, the enterprise shall be deemed dissolved, and the Business Registration Department shall remove the enterprise from the Register.

In this case, the legal representative, all members for limited liability companies with two or more members, the owner of a single-member limited liability company, the individual proprietor of an individual proprietorship, all members of the Board of Directors for joint-stock companies, and all general partners for partnerships shall jointly bear responsibility for outstanding debts and other financial obligations.

8. Information about the revocation of the Enterprise Registration Certificate must be entered into the National Enterprise Registration Information System and sent to the Tax Authority within two working days from the date of issuing the revocation decision. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration, the enterprise implements liquidation in accordance with Article 158 of the Enterprise Law. Six months after the decision to revoke the Enterprise Registration Certificate and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration without receiving the enterprise liquidation dossier, the enterprise is considered to have been dissolved and the Business Registration Department removes the enterprise name from the Register. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registrationIn this case, the legal representative, all members of a limited liability company with two or more members, the sole owner of a limited liability company with one member, the owner of a private enterprise, all board members of a joint-stock company, and all general partners of a partnership are jointly and severally liable for outstanding debts and other financial obligations.

8. Information on the revocation of the Enterprise Registration Certificate must be entered into the National Enterprise Registration Information System and sent to the Tax Authority within two working days from the date of issuing the revocation decision.

Article 61. Cases for Revoking the Business Registration Certificate

The Business Registration Certificate shall be revoked in the following cases:

1. Not conducting business activities within six months from the date of issuance of the Business Registration Certificate;

2. Ceasing business operations continuously for more than six months without notifying the district-level business registration authority where the business is registered;

3. Moving the place of business to another district or county;

4. Engaging in prohibited industries or trades;;

5. Being established by persons who are not entitled to establish a business household..

Chapter VIII

IMPLEMENTING PROVISIONS

Article 62. Handling Violations and Awards

1. Civil servants requiring additional documents or procedures, conditions for registration contrary to this Decree; causing difficulties or inconvenience to organizations or individuals while handling registration matters, and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration during inspections of registered contents and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registrationshall be handled according to the provisions of the law. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration 2. Business registration authorities and civil servants engaged in registration work

who complete their assigned tasks well shall be awarded according to the regulations. and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration Article 63. Data Conversion for Registration

1. The Ministry of Planning and Investment shall guide the and must bear legal responsibility for the completeness, legality, truthfulness, and accuracy of the declared information in the business registration

conversion of data at provincial-level business registration authorities to the National Enterprise Registration Database 2. Information in the Business Registration Certificate, Business Registration Certificate, and tax registration stored at all provincial-level Business Registration Departments must be converted into the Enterprise Registration Information System..

3. The information registered at provincial-level Business Registration Departments is the original information about enterprises when the data conversion process is carried out. a) National vocational skill certificate Level I;

4. Based on the enterprise registration database after conversion and tax registration data, the provincial-level Business Registration Department shall notify each enterprise and require the enterprise:

a) To register the taxpayer identification number within thirty days from the date of receipt of the notification in case the enterprise has been issued a Business Registration Certificate but has not completed the tax registration. In case the enterprise does not comply with this requirement, it will be handled according to the tax law provisions and its Business Registration Certificate will be revoked according to point c, Clause 2, Article 165 of the Enterprise Law;

b) To report and complete the change of enterprise registration content within three months from the date of receipt of the notification in case the business registration and tax registration contents of the enterprise are inconsistent. In case the enterprise does not comply with this requirement, its Business Registration Certificate will be revoked according to point g, Clause 2, Article 165 of the Enterprise Law.

1. This Decree takes effect from June 1, 2010. Previous provisions contrary to this Decree are abolished.

Article 64. Effective Date

2. This Decree replaces Government Decree No. 88/2006/NĐ-CP dated August 29, 2006 on business registration.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the Central Government, and entities subject to this Decree are responsible for implementing this Decree./.

Article 65. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and entities subject to this Decree shall be responsible for implementing this Decree./.