A Business Registration Certificate is one of the most important legal documents, certifying the legal status and lawful operation of an enterprise. Therefore, acts of forging the Business Registration Certificate may seriously affect the lawful rights and interests of enterprises and other related parties. So how is such a conduct handled under the law?

I. Current situation of forging business registration certificates

At present, the forgery of Business Registration Certificates has become increasingly common for various purposes, causing serious impacts on the business environment and the State’s administrative order. Violators may forge Business Registration Certificates to commit fraud, evade taxes, obtain bank loans, or implement illegal business transactions.

Such a situation not only causes damage to deceived individuals and enterprises but also negatively affects the overall business environment, creates unfair competition, and poses significant challenges to competent authorities in management and supervision.

II. Legal regulations on forging business registration certificates

1. Definition of forging the business registration certificate

Currently, there is no specific statutory definition of forgery. However, in practice, forgery may be understood as the creation of something that has the appearance of a genuine item in order to deceive others into believing it is authentic. Accordingly, forging the Business Registration Certificate is understood as an act whereby a person without authority creates counterfeit documents by various methods or means and treats them as genuine for the purpose of deceiving agencies, organizations, or individuals.

2. Acts considered as forging the business registration certificate

Acts considered as forging the Business Registration Certificate include various methods aimed at creating counterfeit documents with forms and contents similar to genuine Business Registration Certificates issued by competent authorities. Common acts include drawing, printing, photocopying, handwriting, or using other technical methods to produce forged documents resembling genuine documents of State agencies or organizations.

3. Is administrative sanction applicable to the forgery of a business registration certificate?

Currently, there are no specific provisions imposing administrative sanctions for the act of forging the Business Registration Certificate.

However, the act of forging documents or papers of agencies or organizations in order to implement illegal acts constitutes a violation of the law and shall be subject to criminal liability under Article 341 of the Criminal Code 2015, as amended and supplemented in 2017, regarding the offense of forging seals or documents of agencies or organizations, or using forged seals or documents of agencies or organizations.

III. Questions regarding forging business registration certificates

1. Is criminal liability imposed for forging the business registration certificate?

Pursuant to Article 341 of the Criminal Code 2015, as amended and supplemented in 2017, on the offense of forging seals or documents of agencies or organizations, or using forged seals or documents of agencies or organizations:

  • Any person who forges seals, documents, or other papers of agencies or organizations, or uses forged seals, documents, or papers to commit illegal acts, shall be subject to a fine ranging from 30,000,000 VND to 100,000,000 VND, non-custodial reform for up to three years, or imprisonment from six months to two years. 

Accordingly, acts of forging the Business Registration Certificate in order to commit illegal acts shall be subject to criminal liability for the offense of forging seals or documents of agencies or organizations, or using forged seals or documents of agencies or organizations in accordance with the above provisions.

2. Will the certificate be confiscated when forgery of the business registration certificate is discovered?

Article 89 of the Criminal Code 2015, as amended and supplemented in 2017, provides:

  • Physical evidence means objects used as tools or means of committing a crime, objects bearing traces of a crime, objects that are the subject matter of a crime, money or other objects of evidentiary value for proving a crime and the offender, or that are significant to the settlement of a case.

Accordingly, in a criminal case, the forged Business Registration Certificate is considered physical evidence of the crime. Therefore, pursuant to Point a Clause 2 Article 106 of the Criminal Procedure Code 2015 on the handling of physical evidence:

  • Physical evidence that constitutes tools or means of committing a crime, or items prohibited from possession or circulation, shall be confiscated and remitted to the state budget or destroyed.

Thus, the forged Business Registration Certificate shall be confiscated and destroyed in accordance with the above regulations.

IV. Legal consulting services related to forging business registration certificates

Given the legal risks associated with forging Business Registration Certificates, enterprises and individuals should thoroughly understand the relevant legal provisions in order to avoid violations. With a team of experienced lawyers and legal professionals, NPLaw provides reputable and professional legal services, ensuring optimal protection of clients’ lawful rights and interests. Should you require legal assistance, please contact NPLaw for consultation and support.