The Ministry of Finance is drafting a Decree amending and supplementing a number of articles of Decree No. 168/2025/ND-CP on business registration.
The draft adjusts regulations related to business household registration agencies at the commune level to be consistent with the practice of organizing the local government apparatus.
According to the draft, Clause 2, Article 20 on commune-level business registration agencies is as follows:
In case a commune-level administrative unit establishes a professional department, the business household registration agency is a professional department under the commune-level People's Committee with the function and task of registering business households according to the decision of the provincial-level People's Committee, city directly under the central government.
In case a commune-level administrative unit does not establish a professional department, the business household registration agency is the commune-level People's Committee. The commune-level People's Committee arranges professional civil servants to advise and assist the commune-level People's Committee in performing the state management function of business household registration according to regulations.
The business household registration agency regulating this (hereinafter referred to as the commune-level business registration agency) has its own account and seal.
It is known that, according to current regulations (Decree No. 168/2025/ND-CP), commune-level business registration agencies are currently organized in specialized departments under the commune-level People's Committee, specifically such as the Economic Department (for communes, special zones) or the Economic, Infrastructure and Urban Department (for wards and Phu Quoc special zone). These agencies have their own accounts and seals to perform business registration tasks.
The drafting agency said that this amendment stems from the requirement to synchronize with the new regulations on the organization of the local administrative apparatus.
Specifically, after the Government issued Decree No. 370/2025/ND-CP amending Decree No. 150/2025/ND-CP on the organization of specialized agencies under the People's Committees at all levels, the authority to organize specialized departments at the commune level is assigned more flexibly to local authorities.
Accordingly, the Provincial People's Committee decides the framework of the number and name of professional departments at the commune level; the commune level can establish or not establish professional departments depending on actual conditions.
If specialized departments are not established, commune-level People's Committees will arrange specialized civil servants to perform state management tasks in each field.
From the above reality, the draft new decree stipulates that the commune-level business registration agency can be a professional department or a commune-level People's Committee, in order to ensure flexibility in the organizational structure, and at the same time not interrupt business household registration activities.
The new regulation also aims to unify the management model but still suit the specific characteristics of each locality, contributing to improving the efficiency of administrative procedure reform in the field of business registration at the grassroots level.
