(MPI) - On June 5, 2024, at the headquarters of the Ministry of Planning and Investment, a meeting of the Drafting Committee and Editorial Team of the Decree replacing Decree No. 01/2021/ND-CP dated January 4, 2021 on business registration took place, chaired by Deputy Minister Tran Duy Dong, Head of the Drafting Committee.
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| Deputy Minister Tran Duy Dong chaired the meeting. Photo: MPI |
Attending the meeting were Mr. Phung Quoc Chi, Director of the Department of Business Registration Management, Ministry of Planning and Investment, Deputy Head of the Drafting Committee; representatives of relevant ministries, branches and localities who are members of the Drafting Committee and Editorial Team.
Speaking at the opening of the meeting, Deputy Minister Tran Duy Dong said that the development of the Decree replacing Decree No. 01/2021/ND-CP stems from a number of practical requirements and requirements for the implementation of a number of legal documents. Decree No. 01/2021/ND-CP was issued in 2021 on the basis of implementing the Enterprise Law. Implementation practices have shown some changes such as a number of newly issued Laws requiring some contents in Decree No. 01 to be changed, for example, the Law on Credit has different regulations on business registration for credit institutions; the Law on Cooperatives stipulates the registration of business households. Accordingly, the Ministry of Planning and Investment has submitted to the Government a draft Decree on business households.
According to the content of the Draft Decree presented at the meeting, the Draft has a structure of 10 chapters and 86 articles, including general provisions; tasks and powers of the business registration agency and state management of business registration; registration of business names, branches, representative offices, and business locations; dossiers, procedures, and procedures for business registration, registration of branch, representative office, and business location activities; business registration via electronic information network; dossiers, procedures, and procedures for registration of changes, notification of changes in business registration contents; dossiers, procedures, and procedures for registration of temporary suspension of business, re-issuance of business registration certificates, dissolution of businesses, and revocation of business registration certificates; provision, connection, and sharing of information; interconnection in business registration; implementation provisions.
The objective of the Decree is to guide and stipulate in detail and fully the contents assigned in the Law on Enterprises; carry out the tasks of Project 06; resolve difficulties in the implementation of Decree No. 01/2021/ND-CP; continue to reform administrative procedures in the field of business registration.
The Decree is built on the principle of closely following the content of the Enterprise Law; creating maximum favorable conditions for enterprises, while ensuring the goal of state management in the field of enterprise registration; respecting the autonomy of enterprises; protecting the legitimate rights and interests of enterprises and their members and shareholders.
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| Overview of the meeting. Photo: MPI |
At the meeting, representatives of ministries, branches and localities such as the Ministry of Finance, the Ministry of Public Security, the Ministry of Justice, the Government Office, the State Bank, the Vietnam Social Security, the Vietnam Federation of Commerce and Industry, the Business Registration Office of the Department of Planning and Investment of Ho Chi Minh City, Hanoi, ... and representatives of leaders of relevant units of the Ministry of Planning and Investment highly appreciated the standing unit of the Drafting Committee, the Editorial Team in the process of coordination, research, and reception of the Decree; emphasized the necessity of amending and supplementing the contents of the Draft to replace Decree No. 01/2021/ND-CP. At the same time, they emphasized that issues related to the connection of business registration between tax authorities and business registration management agencies have achieved many goals, reduced administrative procedures, and are highly appreciated by public opinion, society and businesses. In addition, delegates also gave specific opinions on the contents of the Draft on forms applicable in business registration, including specifying the forms currently prescribed in Circular No. 01/2021/TT-BKHĐT and amending the form contents to meet the requirements of Project 06; supplementing provisions in Decree No. 31/2021/ND-CP on guiding the Investment Law; supplementing provisions in 122/2020/ND-CP and abolishing this Decree; on guiding Article 215 of the Enterprise Law; Business registration for credit institutions; Business registration for securities companies.
In particular, regarding the content of guiding Article 215 of the Enterprise Law, delegates said that Clause 4, Article 215 of this Law stipulates: ministries, ministerial-level agencies and relevant agencies, provincial People's Committees, within the scope of their assigned tasks and powers, are responsible for establishing connections, interconnection and sharing with the National Database on Enterprise Registration information on registration licenses, certificates of eligibility for business, practice certificates... granted to enterprises and decisions on sanctions for administrative violations of enterprises; on the business operation and tax payment situation from tax reports; financial reports of enterprises; Coordinate the sharing of information on the business operation situation to improve the effectiveness of state management. However, currently, the Decrees guiding the implementation of the Enterprise Law have not specified the content assigned by the Law. Therefore, it is necessary to soon study and add this content to the draft Decree replacing Decree No. 01.
Speaking at the meeting, the representative of the Business Registration Office, Hanoi Department of Planning and Investment expressed agreement with many contents of the Draft and said that the contents of comments from localities, including the opinions of Hanoi Department of Planning and Investment, have been studied and supplemented. At the same time, he shared more about some difficulties and obstacles in performing professional work and said that currently, the provision of information is mainly in paper form to organizations and individuals in large quantities and takes a lot of time and effort. Therefore, the Decree's design of 01 chapter (Chapter 8) regulating the provision, connection and sharing of information to provide more detailed regulations in the direction of providing information through the electronic network environment, replacing manual processes is of great significance.
The representative of the Ministry of Justice highly appreciated the initiative of the Ministry of Planning and Investment in the process of developing the Draft as well as the implementation of regulations related to the development of legal documents. At the same time, he said that through monitoring and synthesizing data on the business registration situation, many comments were received from the business community and organizations; the business community highly appreciated, expanded and created conditions for businesses to participate in the market in the past time. It is the basis for localities to build a database system on business registration. Therefore, the development of this Decree also needs to follow the same principle and aim to strengthen post-inspection because we have reformed and implemented this well so far.
Accordingly, it is necessary to summarize the difficulties and problems of enterprises and localities when amending Decree No. 01 and to collect opinions nationwide; to study more international experiences, aiming to simplify procedures, and connect with related databases to suit the current context, especially in the context of the fourth industrial revolution.
Regarding the content of the request for opinions related to business registration for credit institutions, the representative of the Ministry of Justice expressed high agreement with the proposal of the standing body of the Drafting Committee and the Editorial Team that credit institutions do not have to carry out business registration procedures at the business registration agency as prescribed in this Decree. The draft Decree has removed the provisions on business registration for credit institutions currently prescribed in Decree No. 01/2021/ND-CP.
Concluding the meeting, Deputy Minister Tran Duy Dong highly appreciated the frank and responsible comments; the comments also expressed agreement and appreciation for the Ministry of Planning and Investment's efforts in the process of developing the Draft, raising major issues for comments. The comments were also basically in agreement with the plan of the Standing Committee of the Drafting Board and the Editorial Team. At the same time, he requested the Standing Committee of the Drafting Board and the Editorial Team to study, absorb, and develop the Draft Submission and the Draft Decree; in which it is necessary to clarify the content and reasons for replacing Decree 01; evaluate and summarize the implementation of Decree 01, emphasizing the achieved and unachieved results. On that basis, send to widely request comments from ministries, branches, localities, and business associations.
The Deputy Minister noted that the contents of the consultation must thoroughly grasp the viewpoint of ensuring compliance with legal documents in related fields; ensuring favorable conditions for people and businesses; continuing the viewpoint of innovation and administrative reform of the Government and the Ministry of Planning and Investment, focusing on post-inspection work, there must be a monitoring and inspection mechanism; overcoming the difficulties in the past time. Along with that, it is necessary to make the most of digitalization and apply information technology in handling administrative procedures./.
Source: https://www.mpi.gov.vn/portal/Pages/2024-6-5/Minister-Tran-Duy-Dong-chu-tri-cuoc-hop-Ban-Soanvwekfw.aspx
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