II/business freedoms:The Constitution acknowledged freedom 2013 business is human rights and is one of the fundamental rights of citizens. Furthermore, no regulations such as the Constitution of 1992 is that citizens have the freedom of business under the provisions of the law, article 33 of the Constitution of the 2013 articulates that "everyone has the right to do business in those industries that are not prohibited by law". This regulation contains two important note: (i) every person has the freedom of business; and (ii) the limits of that freedom is what prohibition, said another go, want to ban something then the State must publish a Ming.Prohibited business trades: prohibition was clearly not existing Business Law outlined the profession prohibited business. Instead, the current LĐT article 30 prohibiting investment in the field of harm to (i) defence, national security, public interest; (ii) historical, moral, cultural customs, Vietnam; (iii) the people's health, ruin, destruction of environmental resources; and (iv) the project to handle toxic waste brought from outside into Vietnam; the production of toxic chemicals or toxic agent use was banned. The problem is not easy to determine the scope of the areas prohibited investment, so, in essence, cannot determine the limits. However, this totally changes in LDN 2014. Article 7 of the rights of entrepreneurs in business that a clever 2014 LDN is the "freelance business in the industry, the profession which the law does not prohibit". Article 6 LĐT 2014 banned trade investment in six industries: drug business; business chemicals, minerals; dynamic business, wild, endangered, and rare natural origin; prostitution business; purchase, sales, tissues, organs and business activities related to human cloning. To do better than this limit, in annex 1 and 2, 2014 LĐT also listed in detail the categories of drugs, catalog, plants, minerals, banned investment business. The legislative history in Vietnam, perhaps this is the first time a legal but the annex detailing and meticulously as such. Article 9, LDN corporate regulations existing obligations "of business activities in the correct lines were recorded in business registration certificate (GCNĐKDN). This law bind businesses in the industries which the State devised, listed out and allow businesses to register. Finally, there is the ban player trading rights from the State. However, once limited to trading bans have been elucidated, the listed business lines, with the right to determine the meaning of business activity of the business, will become meaningless. In the LDN 2014, the industry is no longer a content in GCNĐKDN. According to article 29 of this new law, GCNĐKDN will only four content: business name and business number; Head Office address; information about legal representatives and members of the company; and capital. Standing at the operating angle, enterprises will no longer have to worry see the work you are doing is consistent with the industry have posted or not, or the contract will be signed or the event partner to court the request invalid on the grounds that the content of work is not within the scope of the trades register or not.
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