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From the effective date of Circular No. 01/2021/TT-BKHDT (May 1, 2021), the forms in the enterprise registration application specified in the appendix issued together with Circular No. 01/2021/TT-BKHDT is hereby applied nationwide.
According to Mr. Huynh Van Toan (HCMC), Decree No. 122/2020/ND-CP dated October 15, 2020, of the Government, stipulates the coordination of the procedures for registration of enterprises, branches, and representative offices, declaration of the use of labor, issuance of the registration number of units participating in social insurance, registration of the use of invoices of the enterprise which has issued several business registration forms.
In addition, Circular No. 01/2021/TT-BKHDT dated March 16, 2021, guiding business registration, issued 98 forms on business registration and other procedures.
However, currently, according to Mr. Toan, he has checked many relevant legal regulations and found out that there is no document to cancel the samples in Decree No. 122/2020/ND-CP yet.
Will the people and businesses apply the form in Circular No. 01/2021/TT-BKHDT or Decree No. 122/2020/ND-CP when applying for a business registration application?
Regarding this issue, the Business Registration Management Department, the Ministry of Planning and Investment responded to this issue as follows:
In order to continue to create favorable conditions for enterprises in the context that many production procedures and business activities are affected by the Covid-19 epidemic, the Government has directed the Ministry of Planning and Investment to develop a Government Decree which aims to regulate the integration of procedures: Grouping the procedure of registration of social insurance, labor declaration, and registration of using invoices into business registration procedures.
Following the direction of the Government, the Ministry of Planning and Investment has drafted and submitted to the Government for promulgation Decree No. 122/2020/ND-CP dated October 15, 2020, regulating the coordination and interconnection of registration procedures regarding enterprise registration, branch, or representative office, the declaration of the use of labor, the issuance a code of the unit participating in social insurance, the registration of the use of invoices of the enterprise.
When will the laws come into effect?
To implement Enterprise Law No. 59/2020/QH14, Investment Law No. 61/2020/QH14 (effective from January 1, 2021), the Government issued Decree No. 01/2021/ Decree-CP dated January 4, 2021, on business registration, takes effect from the date of signing.
Clause 1, Article 101 of Decree No. 01/2021/ND-CP stipulates: “The Ministry of Planning and Investment shall issue the form to apply in enterprise registration according to the provisions of this Decree”.
Pursuant to the above provisions, on March 16, 2021, the Ministry of Planning and Investment issued Circular No. 01/2021/TT-BKHDT guiding business registration. This Circular takes effect from May 1, 2021.
From the effective date of Circular No. 01/2021/TT-BKHDT, the forms in enterprise registration specified in the appendix issued together with Circular No. 01/2021/TT-BKHDT shall be exercised nationwide.
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