New guidance on business registration

30/03/2021

From May 1, 2021, regulations on business registration are implemented under the guidance in Circular 01/2021/TT-BKHDT recently issued by the Ministry of Planning and Investment.

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According to the Ministry of Planning and Investment, on January 4, 2021, the Government issued Decree No. 01/2021/ND-CP on business registration, effective from the date of signing. Pursuant to the provisions of Decree No. 01/2021/ND-CP, the Ministry of Planning and Investment has urgently developed a Circular guiding business registration, replacing Circular No. 20/2015/TT-BKHDT in the leading to business registration and Circular No. 02/2019/TT-BKHDT dated January 8, 2019 amending and supplementing a number of articles of Circular No. 20/2015/TT-BKHDT to conform to the new legal framework.

Specifically, Circular No. 01/2021/TT-BKHDT amends, supplements and abolishes a number of forms for business registration, business household registration to conform to the new provisions of the Law on Enterprises 2020 as well as No. 01/2021/ND-CP. 

Performing the tasks assigned by the Government in Clause 5, Article 38 of Decree No. 01/2021/ND-CP, the Circular detailing the implementation of a number of contents on standardization and data conversion on enterprise registration as a legal basis for local implementation. At the same time, some problems that have been recorded during the implementation of the Circular guiding business registration in recent years are clarified, contributing to completing the legal framework on business registration, facilitating benefits for people and businesses in the process of market entry and doing production and business activities.

The circular was issued to achieve two basic goals. Firstly, to issue a system of business registration, business household registration forms under the new legal framework, ensuring clarity, transparency, and convenience for both enterprises and the Business Registration Authorities. Second, to provide detailed guidance on the implementation of Clause 5, Article 38 of Decree No. 01/2021/ND-CP on standardization and conversion of business registration data.

The Circular includes 07 articles and attached appendices. The appendices includes a system of 102 forms used in business registration, business household registration. The form system is divided into 8 groups, namely: Group 1: Application forms for business registration and enclosed list; Group 2: Notifications and other documents issued by the enterprise; Group 3: Legal document forms for business households; Group 4: Certificate of business registration, Certificate of registration of branch operations, representative offices, business locations; Group 5: Notifications and other documents of the Provincial Business Registration Authority; Group 6: The prescribed form for district business registration authorities; Group 7: Legal documents forms for organizations and individuals; Group 8: Other appendices.

Circular 01 takes effect from May 1, 2021.

Source: chinhphu.vn

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