Decree 122/2020/ND-CP on coordination and interconnection of procedures for registration of establishment of enterprises, branches and representative offices, declaration of labor use, issuance of codes of units participating in social insurance, registration Sign to use corporate invoices

DECREE

REGULATIONS ON COOPERATION AND INTERNATIONAL PROCEDURES FOR REGISTRATION FOR ESTABLISHMENT OF BUSINESSES, BRANCHES, REPRESENTATIVE OFFICES, LABOR EMPLOYMENT DECLARATION, GRANT OF CODE NUMBER OF APPLICATION NUMBERS ENTERPRISE'S APPLICATION

Pursuant to the Law on Government Organization dated June 19, 6;

Pursuant to the Enterprise Law dated November 26, 11;

Pursuant to the Labor Code dated 18 of month 6 year 2012;

Pursuant to the November 20, 11 Law on Social Insurance;

Pursuant to the November 14, 11 Law on Health Insurance;

Pursuant to the June 13, 6 Law amending and supplementing a number of articles of the Health Insurance Law;

Pursuant to the Employment Law dated November 16, 11;

Pursuant to the June 25, 6 Law on Occupational Safety and Health;

Pursuant to the Law on Tax Administration dated June 13, 6;

At the proposal of the Minister of Planning and Investment;

The Government promulgates a Decree providing for coordination and interconnection of procedures for registration of establishment of enterprises, branches and representative offices, declaration of labor use, and issuance of codes of units participating in social insurance. , register to use invoices of enterprises.

Article 1. Scope

1. This Decree stipulates the mechanism of coordination and interconnection between state management agencies in handling procedures for registration of enterprise establishment, operation registration of branches and representative offices of enterprises, declare the use of labor, issue the code of the unit participating in social insurance, register the use of invoices.

2. After the establishment, in case of change of relevant information, the enterprise, branch or representative office shall register or notify the change to the business registration agency or social insurance agency. associations and tax authorities as prescribed by law.

Article 2. Subject of application

This Decree applies to the following subjects:

1. Enterprise founders, enterprises register the operation of branches and representative offices in accordance with the Law on Enterprises;

2. Provincial business registration authority as prescribed in the Law on Enterprises and guiding documents;

3. The state management agency in charge of labor according to the provisions of the Labor Code;

4. The social insurance agency as prescribed in the Law on Social Insurance;

5. Tax authorities as prescribed in the Law on Tax Administration;

6. Organizations and individuals involved in coordination and interconnection in handling procedures for registration of establishment of enterprises, registration of operation of branches and representative offices, declaration of the use of labor, licensing code of units participating in social insurance, registering to use invoices of enterprises.

Article 3. Principles of coordination and connection between state management agencies

1. The business registration agency is the focal point for receiving dossiers and returning the results of handling procedures for registration of enterprise establishment, registration of operation of branches and representative offices, and declaration of employment. and issue codes of units participating in social insurance, register to use invoices of enterprises.

2. The coordination and communication between the state management agencies specified in Articles 5, 6, 7 and 8 of this Decree is done through the method of connecting and sharing digital data between public systems. information technology.

3. State management agencies in charge of labor, social insurance agencies, tax authorities do not require enterprises, branches and representative offices to provide copies of the Certificate of Business Registration or Certificate of Business Registration. operation registration of branches and representative offices, information on business registration has been shared from the business registration authority, except for the name, enterprise code number, branch, and representative office when performing business registration procedures. relevant administrative procedures.

Article 4. Dossier for coordination and interconnection in procedures for registration of establishment of an enterprise, branch or representative office, declaration of labor use, issuance of a code of a unit participating in social insurance, and registration of use use corporate invoices

1. Dossier for coordination and interconnection in procedures for registration of establishment of enterprises, branches and representative offices, declaration of employment, issuance of social insurance registration numbers, and registration of use Invoices comply with the provisions of the Law on Enterprises and the Decree on enterprise registration.

2. An application for enterprise registration includes the contents specified in the Law on Enterprises and the content of the declaration of the use of labor, the declaration of the method of payment of social insurance, and the registration for the use of invoices of the enterprise. .

3. The form of an application for enterprise registration is specified in Annexes I-1, I-2, I-3, I-4 and I-5 enclosed with this Decree. The form of notification on registration of branch or representative office operations is specified in Appendix II-11 issued with this Decree.

Article 5. Process of coordination and connection between the business registration agency and the social insurance agency

1. After granting registration of establishment of an enterprise, a branch or representative office, the business registration authority shall share information about the Certificate of Business Registration, Certificate of Operation Registration of the branch or office. representative offices and information on the expected total number of employees, business lines, business lines, methods of paying social insurance premiums of enterprises, branches and representative offices of the social insurance agency.

2. When there is a change in the contents of business registration, the branch, representative office or business registration authority shall share information about the Certificate of Business Registration, Certificate of Registration of Branch Operation , the representative office of the social insurance agency.

3. The enterprise code, branch or representative office code is used as the code of the unit participating in social insurance.

4. When an enterprise, branch or representative office pays social insurance premiums, the social insurance agency shall share information on the number of employees paying social insurance premiums to the business registration agency for management. State management of enterprises after establishment registration.

Article 6. Process of coordination and connection between the business registration agency and the state management agency in charge of labor

The business registration agency shares information about the name, code, address, legal representative of the enterprise, the head of the branch, representative office, main business lines, and total number of employees. Expected operation of enterprises, branches or representative offices established in the area for the Department of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs (for enterprises in industrial zones) where enterprises, branches, representative offices are located and the Ministry of Labor - Invalids and Social Affairs to serve the state management of labor.

Article 7. Process of coordination and interconnection between business registration authorities and tax authorities in invoice use registration

1. If the application for registration of establishment of an enterprise, branch or representative office is valid, the business registration authority shall share information on establishment registration of the enterprise, branch or representative office and information on registration of using invoices of enterprises and branches to tax authorities.

2. Tax authorities share information about enterprise identification numbers, branch and representative office identification numbers, and decentralization of tax authorities directly managing automatically generated tax registration information by the tax registration information system with the registration authority. business registration.

3. On the basis of the information provided by the tax authority, the business registration authority shall issue the Certificate of Business Registration, the Certificate of Business Registration of the branch or representative office, and the Notice of Tax Authority. management for enterprises, branches and representative offices.

4. Enterprises and branches are responsible for ensuring the conditions for the use of invoices as prescribed by law.

Article 8. Coordination and communication between the state management agency in charge of labor and the social insurance agency

1. Vietnam Social Insurance shares information on the change and increase and decrease of employees of enterprises, branches and representative offices of the Ministry of Labor, War Invalids and Social Affairs through the Public Service Portal. nation.

2. Vietnam Social Security and the Ministry of Labor, War Invalids and Social Affairs agree on the content of information sharing mentioned in Clause 1 of this Article.

Article 9. Responsibilities for implementation

1. The Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, and the Vietnam Social Insurance are responsible for:

a) Build and upgrade the information technology system to deploy the connection and sharing of digital data between state management agencies according to the provisions of this Decree and relevant legal documents. .

b) Review, amend, supplement or annul regulations and forms related to procedures for registration of establishment of enterprises, branches and representative offices, declaration of employment, issuance of business identification numbers. units participating in social insurance, register to use invoices in accordance with the provisions of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of People's Committees of provinces and centrally run cities are responsible for the implementation of this Decree.

Article 10. Terms enforcement

1. This Decree takes effect from March 15, 10.

2. In case an enterprise has registered to establish an enterprise, register the operation of a branch or representative office as prescribed in the Decree on enterprise registration and this Decree, it is not required to declare the use of labor. the provisions of Clause 1, Article 8 of Decree No. 03/2014/ND-CP dated January 16, 01 of the Government detailing a number of articles of the Labor Code on employment.

3. In case an enterprise or branch has registered to use invoices as prescribed in this Decree, it is not required to register the use of invoices as prescribed at Point e, Clause 2, Article 6 and the second paragraph, Clause 2, Article 2. Decree No. 8/51/ND-CP dated May 2010, 14 of the Government providing for invoices for selling goods and providing services (amended and supplemented in Clauses 5 and 2010, Article 3 of Decree No. 4/1/ND-CP dated January 04, 2014 of the Government).

4. Form of application for enterprise registration, Notice of registration of branch, representative office/business location, issued together with this Decree, replaces Appendices from I-1 to I -5 and Appendix II-11 issued together with Circular No. 02/2019/TT-BKHDT dated January 08, 01 of the Minister of Planning and Investment amending and supplementing a number of articles of Circular No. 2019 /20/TT-BKHDT dated December 2015, 01 of the Minister of Planning and Investment guiding on enterprise registration./.