Lawyers’consultancy on procedures of business establishment
I want to ask about the legitimate license of a business holder. As defined by law for conditional business, the managers must have a certificate for the practice ; for individual business households, only one of them is required to possess a certificate for the practice. In the case of private enterprises, business owners do not have career-certificate but others (who had career-certificate holder and the business license holder is two different people) so is it legitimate?
If so, can they authorized for each other? If it is not legally licensed, why do these people have one? According to the provisions of Article 14 of Decree 88/2006 on business registration in reference to Clause 13, Article 4 Enterprise Law 2005 competition in corporate management, who must be certified to practice.
Article 14. Business registration dossier for private enterprises
1. Request for business registration standard form issued by the Ministry of Planning and Investment regulations.
2. Valid copy of one of the personal papers of the legitimate private enterprises defined in Article 18 of this Decree
3. Documents certifying the legal capital of the agency or organization authorized to enterprise lines which are required by law to legal capital.
4. A copy of valid practicing certificate of Director (General Director) and other individuals specified in Clause 13, Article 4 of the Enterprise Law for private companies and business lines which are required by law to have a practicing certificate.
I look forward to receiving your help!
Sincerely thank lawyer!
On behalf of Dragon lawyer’s office, the legal advice back to you as follows:
The Decree 88/2006 which you quoted has not made effective on 01/06/2011. Currently business registration procedures based on the provisions in Decree 102/2010/ND-CP detailing the implementation of some articles of the Enterprise Law 2005 and Decree 43/2010/ND-CP on registration business.
Under Clause 4 of Article 10 of Decree 43/2010/ND-CP, the business registration dossier will have "a valid copy of a certificate of practice of one or a number of individuals in accordance with business private sector business lines which are required by law to have a practicing certificate. "
Also, Clause 3 of Article 9 of Decree 102/2010/ND-CP also provided for businesses to have professional practice certificates under the provisions of law, the business registration or supplementary registration lines of business conditions must comply with the following provisions
a) For an enterprise business lines for which the law requires the director or head of the business have the practice certificates, then the director or head of the corporate business must have practicing certificate.
b) For business enterprises lines for which the law requires corporate directors and other persons having a certificate of practice, the Director or at least one of the professional personnel under the provisions of specialized laws must have a practicing certificate.
c) For businesses lines which the law does not require the director or the head of the business establishment to have a certificate to practice, so at least one professional staff under the provisions of specialized laws must have a practicing certificate.
Such mandatory private business owners must have a license or not depends on lines of business that private enterprise options. So private enterprise can still be granted business registration although private business owners do not have a practicing certificate.
To the problem of authorizing, the law also stipulated that when the company’s representative is absent for 30 days or when the company representative can not directly address the company’s the problems, he/she then can authorize others as prescribed by law.Thank for the interest of the customer to Dragon lawyer’s Office!
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