Business registration is not a business license

Tue, 19 Feb 2019 11:27:00  |  Print  |  Email   Share:

(Chinhphu.vn) - Business registration certificate is not a business license. The contents of the Business Registration Certificate are stipulated in Article 29 of theEnterprise Law 2014 , excluding contents of business lines.

Mr. Nguyen Van Ut made a business registration to establish a company in Binh Duong Province  with the business name: TAMIXPHARM JOINT STOCK COMPANY, registered the main branch code: "1079: Producing other foodstuffs that have not yet distributed", "Details: Productingfunctional foods and honey turmeric" and some  other business lines that comply with industry codes.

On November 6, 2017, Mr. Ut submitted a new set of application documents for TAMIXPHARM Joint Stock Company. The Binh Duong Department of Planning and Investment has 3 times requested additional information about the shareholders that are not correct but did not notify the enterprise that the manufacturing industry will not grant the license to operate in some districts in the province. Mr. Ut recompiled the file and submitted it in accordance with the Department's additional requirements, on November 15, 2017, the application was approved and he received the license.

When receiving the license, the Department did not issue / certify the attached industry certification, the department approved it, so Mr. Ut considered the same business as the attached file when registering and the application file entered on the data entry system. online national business registration.

When the enterprise notifies the bank account, the result that is written on the paper says "No production and processing at the head office" and the manufacturing industries are not allowed to produce. According to the 2014 Enterprise Law and Decree 78/2015 / ND-CP issued on September 14, 2015, detailing records, order and procedures for business registration; business household registration; regulations on business registration agencies and state management on business registration, the business lines that Mr. Ut registered are not prohibited or require construction permits that Department officials require enterprises to produce.

Currently Mr. Ut’s company has invested materially, machinery and equipment, hired workers and registered with the medical management agency ... Through the Receiving and responding system, torecommendations of businesses, Mr. Ut would like to request  authorities to consider and support.

Regarding this issue,The Ministry of Planning and Investment responds as follows:

According to the provisions of Clause 2, Article 6 of the Decree No. 78/2015 / ND-CP dated September 14, 2015 of the Government on business registration, the business registration certificate is not a business license. The contents of the Business Registration Certificate are stipulated in Article 29 of theEnterprise Law 2014 excluding contents of business lines.

On November 16, 2017, the Business Registration Office under the Department of Planning and Investment of Binh Duong Province issued a certificate of business information to TAMIXPHARM Joint Stock Company, which confirms information about business lines and trades that the company registered.

Regarding the content related to business registration, Clause 2, Article 28 of the Decree No. 78/2015 / ND-CP has stipulated: “In case the dossier is not valid or the name of the enterprise requires registration in contravention of regulations, Business Registration Office must clearly notify the contents amended and supplemented in writing to the enterprise or enterprise founder within 3 working days from the date of receiving the dossier. The Business Registration Office shall record all requests for amendment and supplementation of business registration documents for each set of documents submitted by the enterprise in a Notice requesting amendment and supplementation of the business registration file ”.

 

By: Online Newspaper of the Government / Translator: HaiYen-Bizic

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