Decree No. 37/2003/ND-CP dated April 10, 2003 of the Government on sanctioning administrative violations in business registration

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------
No: 37/2003/ND-CP	Hanoi, April 10, 2003

DECREE

ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN BUSINESS REGISTRATION

THE GOVERNMENT

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

Pursuant to the June 12, 1999 Enterprise Law;

Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;

At the proposal of the Minister of Planning and Investment,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Objects and scope of regulation

1. This Decree applies to individuals and organizations that commit acts of administrative violation in business registration, registration of operation of branches and representative offices of enterprises under the Enterprise Law; business registration of individual business households under the Government’s Decree No. 02/2000/ND-CP of February 3, 2000 on business registration.

2. Administrative violations in business registration are acts of violating the State management regulations on business registration, which are not crimes and must, as prescribed by law, be administratively sanctioned, concretely: violations of State management regulations on personal identity of enterprises and individual business households; on declaration of head offices and locations of enterprises and individual business households; on registration for capital contribution to companies; on change of contents of business registration dossiers of enterprises and individual business households; on putting up of signboards; publication on newspapers and financial statements.

Article 2.- Sanctioning principles

1. All administrative violations in business registration must be detected in time and stopped immediately. The sanctioning of administrative violations in business registration must be effected in a quick, fair and thorough manner; all consequences caused by administrative violations must be remedied strictly according to the provisions of law.

2. The sanctioning of administrative violations in business registration must be conducted by competent persons in strict compliance with the provisions of this Decree.

3. An act of administrative violation in business registration shall be administratively sanctioned only once. Organizations and individuals that commit many acts of administrative violation shall be sanctioned for each act.

4. The sanctioning of administrative violations in business registration must be based on the nature and seriousness of violations, personal identity of violators and extenuating as well as aggravating circumstances defined in Articles 8 and 9 of the Ordinance on Handling of Administrative Violations in order to decide on appropriate handling forms and measures.