Publicization of information on handling of enterprises committing violations of law

On May 28, 2015, the Joint-ministries: the Ministry of Planning and Investment, the Ministry of Finance and the Ministry of Home Affairs issued the Joint Circular No. 04/2015/TTLT-BKHDT-BTC-BNV issuing the model Regulation on coordination among functional agencies in provinces and centrally run cities in the state management of enterprises after establishment registration, in order to detect and promptly handle enterprises violating the law, prevent and reduce negative impacts caused by enterprises on the society…

Accordingly, the coordination in inspection and examination of enterprises must assure accuracy, objectiveness, honesty, publicity, democracy and promptness; no overlap in the scope, subjects, contents of inspection and examination at a time among agencies conducting inspection and examination; and minimization of troubles and obstacles to normal operations of enterprises. Enterprises shall not be required to carry out any additional administrative procedures and their normal operations shall be facilitated. And exchange, provision and publicization of enterprise information must be accurate, sufficient and timely. Requests for exchange and provision of enterprise information shall be based on state management
requirements suitable to the functions, tasks and powers of requesting agencies.

Also in accordance with this Circular, Functional agencies shall publicize enterprises under their management and these enterprises’ attached units that commit and are sanctioned for administrative violations under specialized laws. Information to be publicized includes: name; identification number; head office address; and name of the at-law representative, heads of attached units of the enterprise, violations, sanctions applied and remedial measures taken. Provincial-level Planning and Investment Departments shall act as the focal points in publicizing information on enterprises violating enterprise and investment laws. Information to be publicized includes: name; identification number; head office address; and name of the at-law representative of the violating enterprise. And provincial-level Taxation Departments shall publicize lists of enterprises and their attached units that violate the tax law in provinces and cities under the Law on Tax Administration and the guidance of the Tax General Department.

This Circular takes effect on July 31, 2015.