Service Name: Registration of change of owners of private enterprises in case of sale or donation of enterprises, dead, missing enterprises’ owner
SERVICE CODE: 2.002000.000.00.00.H10
APPLY
a) Order of implementation:
Step 1: In case the owner of a private enterprise sells or gives away the enterprise or the owner of the private enterprise dies or missing, the buyer, the giver or the heir must register to change the owner of the private enterprise. Business Registration Office where the enterprise has registered.
Step 2 (Time: 02 working days): When receiving the notice of changes in business registration information, the Business Registration Office issues a receipt, checks the validity of the application and issues a business registration certificate. business for business.
b) Method of implementation:
Enterprises submit their application for changes of Certificate of Business Registration directly to the Receiving Department of the Department of Planning and Investment at the Provincial Public Service Center. Address 727, QL14, Tân Bình ward, Đồng Xoài city, Bình Phước province or Legal representative submits online business registration application according to the procedure on National Business Registration Portal businesses (https://dangkykinhdoanh.gov.vn).
c) Composition, number of records:
* Profile components:
- Notice of change of private enterprise owner (Appendix II-3, Circular No. 02/2019 / TT-BKHDT);
- A valid copy of one of the personal identification papers specified in Article 10 of Decree No. 78/2015 / ND-CP of the buyer, recipient, or private heir (details: For for Vietnamese citizens: Valid citizen identification card or Vietnamese identity card or passport; For foreigners: Foreign passport or valid papers replacing foreign passports are still valid );
- Sale contract, gift contract for enterprise or documents proving completion of the transfer in case of sale or gift to a private enterprise; Valid copies of documents certifying the lawful inheritance rights of the heirs.
* Number of files: 01 set.
d) Time limit for settlement:
- In case of online registration: If past the 30-day time limit from the date of sending a notice of the grant of an enterprise registration certificate, the business registration office does not receive a paper dossier, the dossier shall apply. Electronic registration of enterprises is no longer valid.
- Within 02 (two) working days from the date of receipt of complete and valid file.
e) Subjects of administrative procedures: Organizations and individuals.
f) Agencies handling administrative procedures:
Agencies competent to decide on administrative procedures: Business Registration Office - Department of Planning and Investment.
g) Results of administrative procedures:
Business registration certificate / Notice of amendment and supplementation of enterprise registration documents
h) Fees:
- VND 100,000 / time, submitted at the time of filing if directly registered (Circular No. 130/2017 / TT-BTC dated December 4, 2017 amending and supplementing a number of articles of Circular No. 215/2016 / TT-BTC dated 10/11/2016). Exempting fees for online registration (Circular No. 215/2016 / TT-BTC).
- VND 300,000 / time (Fee of publishing content of enterprise registration, Circular 215/2016 / TT-BTC).
i) Name of the application form and declaration:
Notice of change of private enterprise owner (Appendix II-3, Circular No. 02/2019 / TT-BKHDT);
k) Performance requirements:
(first). Having a valid business registration dossier (with all relevant papers for each case as stated in the Components of dossier and contents of such documents are fully declared as prescribed by law);
(2). Pay business registration fees in full according to the law on fees and charges;
(3). An enterprise may not register changes of enterprise registration information in the following cases:
- The Business Registration Office issued a notice of violations of the enterprise in the case of revocation of the certificate of enterprise registration or a decision to revoke the certificate of enterprise registration has been issued;
- In the process of dissolution under the enterprise's dissolution decision;
- At the request of a court or a judgment enforcement agency or a police office.
l) Legal grounds:
- Enterprise Law No. 68/2014 / QH13 dated November 26, 2014;
- Decree No. 78/2015 / ND-CP dated September 14, 2015 of the Government on enterprise registration; Decree No. 108/2018 / ND-CP dated August 23, 2018 amending and supplementing a number of articles of Decree No. 78/2015 / ND-CP; Decree No. 96/2015 / ND-CP dated October 19, 2015 of the Government detailing a number of articles of the Enterprise Law;
- Circular No. 20/2015 / TT-BKHDT dated December 1, 2015 of the Ministry of Planning and Investment guiding enterprise registration; Circular No. 02/2019 / TT-BKHDT dated January 8, 2019 of the Ministry of Planning and Investment amending and supplementing a number of articles of Circular No. 20/2015 / TT-BKHDT dated December 1, 2015 of the Ministry Planing and Investment; Circular No. 215/2016 / TT-BTC dated 10 November 2016 regulating the rates, collection, remittance, management and use of charges for provision of enterprise information and enterprise registration fees; Circular No. 130/2017 / TT-BTC dated December 4, 2017 amending and supplementing a number of articles of Circular No. 215/2016 / TT-BTC.