On 23 August 2018, the Government promulgated Decree No. 108/2018/NĐ-CP amendment and supplement some of articles of the Decree No. 78/2015/NĐ-CP on enterprise registration. This Decree will take effect on 10 October 2018
Accordingly, Decree No. 108/2018/NĐ-CP stipulates the new content which is relevant to the enterprise registration procedures, specifically as follows:
Firstly, enterprises are not required to affix their seal in the application for enterprise registration. To announce changes in enterprise registration contents, resolutions, decisions and minutes of meetings in the enterprise registration dossiers.
Secondly, in case of competent person signs the written request for registration of the enterprise that authorizes other organizations or individuals to carry out procedures related to enterprise registration, such authorization shall not be required to be notarized, authentication.
Thirdly, an individual business household can be transformed into an enterprise. This procedure will be conducted at the Business Registration Office where the enterprise is located, the business registration office is responsible for linking/contacting the district business registration office which has issued the household business registration certificate to complete the procedure.
Fourthly, enterprises have the right to set up business locations outside their registered head offices and not mandatory for a business household to only set up a business location in the province or at the central level city where the enterprise locates its head office or branches as before.
Fifth, the implementation of procedures for notification of seal forms via the electronic network, enterprises shall not have to submit dossiers notifying seal specimens by paper to the Business Registration Office
Sixth, the enterprise has the responsibility to make a notice of change of information of founding shareholders (due to founding shareholders do not pay or only partial payment of the number of shares registered to buy upon establishment of the enterprise) within 30 days from the end of payment term enough the number of shares which registered to buy.
Therefore, Decree No. 108/2018/NĐ-CP amended and supplemented some detail of content about enterprise registration, Especially for regulations that were previously unclear and inconsistent, causing difficulty in applying between competent agencies and enterprises when carrying out these procedures.