"Enterprise registration covers business registration and tax registration for enterprises established under the Law on Enterprises. Enterprise registration includes registration of the establishment of a new enterprise and registration of changes in enterprise registration", stipulated under Clause 1 Article 3 Decree No.43/2010/ND-CP dated 15/4/2010 of the Government on business registration. Therefore, enterprise registration not only consists of establishment procedure, but also covers amendment registration. Accordingly, enterprise registration establishes the existence of an enterprise in the economy, and simultaneously follows up the changes in the whole process of a business operation.
Therefore, the state management of enterprise registration from registration step is very important and necessary, which enables the State to create a database of legal information of the enterprises and management base for other agencies involved in state management of enterprise registration: update, exchange information in order to capture, monitor the operation of the enterprises.
Researches have shown that the Law on Enterprises and the guiding documents have significantly contributed to the establishment of a new legal framework for the state management of enterprise registration, which is the transformation from the "pre-registration mechanism” with the "application and approval" relationship to the "post-registration" mechanism with the principal role of "registration" relationship. Under rapid development of the business sector, the state management of enterprises registration has been reformed, overcome many of the shortcomings of the management methods in center planning mechanisms, gradually improved in accordance with the market economy, significantly contributed to the development and enhanced the role of business in the economy. Even though, the state management on enterprise registration still exist various problems. Thus, right from the early years of implementation of the Law on Enterprises, there was a number of enterprises who did not comply with the law, not operate with registered content, violated regulations on conditional business lines of business conditions, violations of tax provisions, the regimes and policies for employees... So far, along with the growth and powerful development of business community, those violate enterprises has the increased tendency. In order to ensure the sustainable development of the business community, the issues of improved efficiency and effectiveness of the state management in enterprise registration, and strengthen prevention and punishment measures to those violated enterprises has become a pressing need.
In order to improve the efficiency of the state management of enterprises registration, it’s necessary to impose control on the above affairs. The implementation of enterprise registration supervision consists of two contents: monitoring the state management of enterprise registration of state agencies and units and supervising the business registration regulations abidance of enterprises.
Monitoring the state management of enterprise registration purposes to examine the regulation observance on the enterprise registration management of agencies, organizations and individuals concerned; detecting lacks of the policies on state management of business registration; from which recommend the state agencies to overcome these limitations, promoting integrated range of factors contributing to improve the efficiency of the state management of enterprise registration. Simultaneously, preventing and detecting errors, weaknesses, corruption, inefficiency and waste in the businesses registration.
Monitoring the state management of enterprise registration implemented by inspection and supervision methods. Depending on the task management functions of management entities that perform different inspection, monitoring contents. The inspection and supervision of the state management of enterprises registration are outlined as follows:
- Inspecting and supervising the obligation of agencies, organizations to abide the provisions of the law when engaged in business registration under provincial jurisdiction.
- Detecting, making a record of law violation cases and implement penalty; or requesting the competent State management agencies to handle violations of law in the field of state management on business registration. Handling with complaints and denouncements in accordance with law; preventing and combating corruption in accordance with the law. Monitoring, supervising and inspecting the agencies, organizations and individuals to implement laws and recommendations of inspection; the punishment decision after inspection.
- Guiding, inspecting and supervising the development and implementation of inspection, supervision programs; the implementation of the provisions on the inspection and supervision of the people involved in the state management on enterprise registration.
(Source: ABR, MPI)