THE MINISTRY OF PLANNING AND INVESTMENT

Circular No. 01/2013/TT-BKHDT dated January 21, 2013 of the Ministry of Planning and Investment guiding the enterprise registration

Pursuant to the Law on Enterprises dated November 29, 2005;

Pursuant to the Law on Tax administration dated November 29, 2006;

Pursuant to the Law on credit institutions dated June 16, 2010;

Pursuant to the Government's Decree No. 43/2010/ND-CP dated April 15, 2010 on enterprise registration;

Pursuant to the Government's Decree No. 102/2010/ND-CP dated October 01, 2010, specifying the implementation of a number of articles of the Law on Enterprises;

Pursuant to the Government's Decree No. 26/2007/ND-CP dated February 15, 2007, specifying the implementation of the Law on Electronic transaction applicable to digital signatures and the authentication of digital signatures;

Pursuant to the Government's Decree No. 116/2008/ND-CP dated November 14, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

The Ministry of Planning and Investment issues a Circular guiding the enterprise registration as follows:

Chapter 1.

GENERAL REGULATIONS

Article 1. Scope of regulation and subjects of application

1. This Circular specify the contents of documentation, the order, procedure, and some issues related to the registration of enterprises and business households prescribed in:

a) The Law on Enterprises;

b) The Government's Decree No. 43/2010/ND-CP dated April 15, 2010 on enterprise registration (hereinafter referred to as the Decree No. 43/2010/ND-CP);

c) The Government's Decree No. 05/2013/ND-CP dated January 09, 2013, amending and supplementing a number of articles on administrative procedures of the Decree No. 43/2010/ND-CP (hereinafter referred to as the Decree No. 05/2013/ND-CP);

c) The Government's Decree No. 102/2010/ND-CP dated October 01, 2010, specifying the implementation of a number of articles of the Law on Enterprises (hereinafter referred to as the Decree No. 102/2010/ND-CP);

2. This Circular is applicable to the subjects prescribed in Article 2 of the Decree No. 43/2010/ND-CP.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. “Enterprise registration dossier” is the dossier on the application for the establishment of a new enterprise, or for the modification of the enterprise registration contents.

2. “Identification papers” in the enterprise registration dossier are the papers prescribed in Article 24 of the Decree No. 43/2010/ND-CP.

3. “Copies” of papers in the enterprise registration dossier are the valid copies of papers as prescribed in Clause 2 Article 1 of the Decree No. 05/2013/ND-CP.

4. “Online enterprise registration” is the founder of the enterprise applying for the enterprise registration via the national enterprise registration website.