Thông tư liên tịch 05/2000/TTLT/BKH-BTCCBCP

JOINT CIRCULAR

GUIDING THE ORGANIZATION OF BUSINESS REGISTRATION BUREAUS AT THE PROVINCIAL OR DISTRICT LEVEL

In furtherance of Article 24 of the Government’s Decree No.02/2000/ND-CP of February 3, 2000 on business registration (hereinafter called Decree No.02/2000/ND-CP for short) and Document No.34/CP-DMDN of May 22, 2000 on the implementation of the Enterprises Law, the Ministry of Planning and Investment and the Government Commission for Organization and Personnel hereby jointly guide the organization of business registration bureaus at the provincial or district level as follows:

1. Provincial-level business registration bureaus

The provincial-level business registration bureaus shall be set up on the basis of restructuring, renaming and adjusting the functions and tasks of sections which are performing the task of business registration at the provincial/municipal Planning and Investment Services.

The tasks, powers and responsibilities of the business registration bureaus under the provincial/municipal Planning and Investment Services shall comply with the provisions of Article 4, Decree No.02/2000/ND-CP Such bureaus shall, at the same time, receive and process business registration dossiers of State enterprises as well as business registration dossiers of cooperatives defined in Article 18 of the Law on Cooperatives and perform other tasks assigned by the directors of the provincial/municipal Planning and Investment Services.

The business registration for enterprises operating under the Enterprises Law shall be sealed with the business registration bureaus’ stamps.

The heads of the business registration bureaus shall be answerable before law for the performance of tasks, the exercise of powers and fulfillment of responsibilities of their bureaus.

The post of the business registration bureau head may also be concurrently held by the director or deputy director of the provincial/municipal Planning and Investment Service.

The payroll of the business registration bureau in each locality shall be decided by the president of the provincial-level People’s Committee within the total State management payroll assigned to the province, and determined on the basis of the volume of business registration by enterprises of different types of all economic sectors in the locality as well as other assigned tasks.

The officials of the business registration bureaus shall work constantly on a full-time basis, have good moral qualifications and working capabilities in order to fulfill their assigned tasks.

2. District-level business registration bureaus

Depending on the numbers of individual business households and cooperatives in the locality, the president of the provincial-level People’s Committee shall decide either to set up a separate business registration bureau, or assign the task of business registration to an existing specialized section (the Planning and Investment Section or the Finance-Planning Section) under the district-level People’s Committee. The establishment of separate business registration bureaus shall apply only to those districts where exist large numbers of individual business households and cooperatives, on the basis of reorganizing the personnel who are performing the business registration task in the specialized sections of the district-level People’s Committees.

The tasks, powers and responsibilities of the business registration bureaus or sections performing the business registration task at the district level shall comply with the provisions of Article 5, Decree No.02/2000/ND-CP.

The business registration for individual business households may be sealed with the stamps of the district People’s Committees or the business registration bureaus by decisions of the presidents of the People’s Committees of the provinces or centrally-run cities.

The payroll of business registration bureaus or sections performing the business registration task shall be decided by the district People’s Committees within the total State management payroll assigned by the presidents of the provincial-level People’s Committees to the district-level People’s Committees, and determined on the basis of the volume of business registration by individual business households and cooperatives in the localities.

Officials performing the business registration task shall work constantly on a full-time basis, have good moral qualifications and working capabilities in order to fulfil their assigned tasks.

3. Organization of implementation

This Circular takes effect 15 days after its signing; the earlier provisions contrary to this Circular are all now annulled.

The presidents of the People’s Committees of the provinces and centrally-run cities shall direct the provincial/municipal Planning and Investment Services, the provincial boards for organization and personnel and the district-level People’s Committees to base themselves on the concrete conditions of their respective localities to organize the business registration work in accordance with the Government’s Decree No.02/2000/ND-CP of February 3, 2000 on business registration and guidance in this Circular.

Any problems arising in the course of implementation should be promptly reported to the Ministry of Planning and Investment and the Government Commission for Organization and Personnel for study, amendment and supplement.