(Leider steht keine deutsche Übersetzung für diesen Artikel zur Verfügung.)

On 15/4/2010, the Government issued Decree 43/2010-ND-CP (Decree 43) to replace Decree 88/2006/ND-CP on business registration (Decree 88). Consequently, the procedure of business registration shall bring more advantages for investors when establishing enterprise.

Issuing Certificate of enterprise registration
Decree 43 aims to synchronize the whole country's process of co-ordination of state competent agencies relating to the business registration. Certificate of enterprise registration will serves concurrently as the Certificate of business registration and Certificate of tax registration.

In addition, enterprises can receive the certificate of enterprise registration directly at the Business Registration Agency or registrar and pay fee to receive the certificate of enterprise registration through delivery services. However, currently, only the legal representative of enterprise can receive the Certificate of business registration and sign on the it, so that, to implement this procedure in practice, it is required that there are some other changes in process of Certificate of Enterprise Registration’s issuance.

Name of enterprise
An enterprise shall not be allowed to have a name which is identical or confusingly similar to that of another enterprise which has been registered within whole country, not the same province or centrally run city as before, except enterprises whose business registration certificates have been revoked. This regulation shall be applied from 1 January 2011.

Business registration on electronic network
Though electronic registration has being applied in many cities in the country, the process of business registration on electronic network still hasn’t brought much effect since the persons who establish the enterprise still have to submit the original documents to the Business registration agency. Now, in accordance with Decree 43, all of the process of business registration can be implemented through the National Enterprises Registration Information Gate and the persons who establish the enterprise just need to print the Confirmation of submitting business registration documents with the signing of legal representative on it, send to Business registration agency to verify and issue the Certificate of Enterprise Registration. This service will hopefully be turned into a time-saving method for enterprises.
Decree 43 will take effect on 1 June 2010.

By courtesy of ©LuatViet - Advocates & Solicitors 2010