BUSINESS UNITS NOT REGISTERED IN THE DOSSIERS OF ENTERPRISES?

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According to the Enterprise Law 2014, businesses are allowed to do business that is not prohibited by the law unless conditional business.
The current business registration certificate no longer reflects the business line of the enterprise but the enterprise still has to register the business line that it is expected to conduct with the business registration agency in the registration dossier. enterprise. During the course of operation, an enterprise wishing to conduct additional business lines that have not been registered in the enterprise establishment dossier must comply with the procedures for notifying the business registration office for updating by the business registration authority. Enter information about new business lines in the application for enterprise registration according to Article 32, Law on Enterprises 2014.

Enterprises that change business lines without notice will be fined
According to Clause 2, Article 31 of the 2014 Law on Enterprises, within 10 days from the date of any change, the legal representative of the enterprise is responsible for registering the change of the content of the Certificate of enterprise registration.
If the business line is changed slowly, notifying the business registration agency will be fined according to Article 25 of Decree 50/2016 / ND-CP, specifically:
– A fine of between VND 1 million and VND 5 million for the act of registering to change the contents of an enterprise registration certificate one to 30 days later than the time limit.
– A fine of between VND 5 million and VND 10 million for the act of registering to change the contents of an enterprise registration certificate past the time limit from 31 to 90 days.
– A fine of between VND 10 million and VND 15 million when registering to change the contents of an enterprise registration certificate past 91 days or more than the prescribed time limit.
Therefore, after 10 days from the date of the change, the enterprise does not register the change, it will be sanctioned with the corresponding fine amount mentioned above.

Enterprises will be fined for failing to register their business or doing business registration not in accordance with the license granted
According to Decree 124/2015 / ND-CP stipulating penalties for administrative violations in commercial activities, production, trading of counterfeit goods, banned goods and consumer rights protection are prescribed as follows:
* For violations of business activities according to the business registration certificate.
A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on any enterprise that does not operate at the location or head office specified in the business registration certificate.
A fine of VND 2,000,000 – VND 3,000,000 shall be imposed for conducting business activities in the form of a business household without a certificate of business household registration as prescribed.
A fine of VND 3,000,000 – VND 5,000,000 shall be imposed for conducting business activities in the form of an enterprise without a certificate of enterprise registration as prescribed.
A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for continuing business operations during the period when the competent State authority suspends its operation or revokes its business registration certificate.
A fine doubling the fine level for acts of violations specified from Clause 1 to Clause 4 above in case of conducting business lines, trades on the list of sectors and trades subject to conditional business investment.
* For violations of business activities according to business licenses
Caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for adding, erasing or modifying contents stated in the business license of goods and services subject to restricted business.
A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following violations:
a) Renting, lending, pledging, mortgaging, selling or transferring a license to trade goods or services subject to business restriction;
b) Rent, borrow, mortgage, mortgage, buy or receive licenses for trading in goods or services subject to restricted business.
A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for trading improperly with the scope, subjects, scale, time, area, location, and goods specified in the License for trading in goods or services. Business restriction service is granted.
A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:
a) Trading in goods or services subject to business restriction without a license to trade in goods or services subject to business restriction as prescribed;
b) Trading in goods and services subject to business restriction when the granted business license of goods or services subject to business restriction has expired;
c) Using licenses for trading in goods and services subject to business restriction from other traders for business.
A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for continuing business activities during the period when the competent State authority suspends the operation, strikes the right to use or revokes the business license. sales of goods and services subject to business restrictions.
A fine doubling the fine level specified in between Clauses 1 and 5 above for industrial production or distribution, wholesale of wine, tobacco products and real tobacco materials current administrative violations.
Additional sanctions:
Deprivation of the right to use business licenses of goods or services subject to business restriction from 01 month to 03 months for acts of violations specified at Point a, Clause 2 and Clause 3 of this Article in case of repeated violations or re-offending It.

When businesses conduct conditional business
Sectors and trades subject to conditional business investment are those in which the business investment must be met in accordance with the reasons for national defense and security, order and safety. society, social ethics, the health of the community.
It can be understood that, in terms of business conditions, there are requests from competent state agencies that compel enterprises to have or to carry out being shown specifically on business licenses (code of business lines). , a certificate of business eligibility, a practice certificate, a certificate of professional liability insurance, legal capital requirements or other requirements.
As such, the nature of requiring entities to meet conditions such as a business license, certificate of business eligibility, certificate of practice, certificate of professional liability insurance, requirements for legal capital or other requirements for reasons of national defense, national security, social order and safety, social ethics, public health, the enterprise can conduct these businesses.

Legal basis:
– Enterprise Law 2014;
– Law on Investment 2014;
– Decree 50/2016 / ND-CP;
– Decree 124/2015 / ND-CP.

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