Continuing the series of articles providing guidance and principled notes on online business registration procedures based on the regulations of [...]
Continuing the series of articles providing guidance and principled notes on online business registration procedures based on current legal regulations, in this article, Hai Phong Business Registration Office mentions regulations on signing and authenticating documents when carrying out business registration procedures.
Point c Clause 3 Article 43 of Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government on business registration stipulates: “Business registration documents via electronic information network must be authenticated by digital signature or Business registration account of the person competent to sign the business registration request or the person authorized to carry out the procedure by the person competent to sign the business registration request. business registration procedures.”
Thus, businesses need to understand that signing and authenticating business registration documents must be used by the Business Registration Account or by the individual's digital signature (not the organization's digital signature). On the other hand, in case the authenticator is the person authorized by the person with the authority to sign the document requesting business registration to carry out the business registration procedures, this person can only use the digital signature to authenticate the document, and cannot use his or her digital signature to sign electronic documents in the file (except for the authorization document to carry out the business registration procedures).
Clause 1, Article 44 of Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government on business registration stipulates: "Applicants declare information, download electronic documents, sign to authenticate business registration documents via the electronic information network and pay business registration fees and charges according to the process on the National Information Portal on business registration."
With this regulation, businesses note that information about the "Applicant" and information about the "Signer to authenticate the application" must be consistent on the registration system.
The following are common errors that Hai Phong Business Registration Office encounters when checking documents:
– Enterprises use the organization's digital signature to authenticate records.
– The person authorized to submit the application uses his or her digital signature to sign all electronic documents in the application before signing to authenticate the application.
– The person carrying out the procedure declares information about "Applicant" and information about "Signer to authenticate documents" for 02 different people or inconsistent information (same name but different legal document number).
Hai Phong Business Registration Office recommends that businesses pay attention to make registration procedures smooth and convenient!
Procedures
