09:40 | 18/03/2023

Is it eligible for withdrawal of the application in case of online enterprise registration in Vietnam? How to withdraw the enterprise registration application?

May I ask: Is it eligible for withdrawal of the application in case of online enterprise registration in Vietnam? How to withdraw the enterprise registration application? - Question from Mr. Giang (Kien Giang)

Is it eligible for withdrawal of the application in case of online enterprise registration in Vietnam?

Pursuant to Decree No. 01/2021/ND-CP on enterprise registration issued by the Government of Vietnam.

In Clause 5, Article 32 of Decree No. 01/2021/ND-CP stipulating as follows:

Receipt and processing of applications for enterprise registration
...
5. The enterprise or its founder may stop following procedures for enterprise registration when the application for enterprise registration is not yet approved on the National Enterprise Registration Information System. In this case, the person competent to sign the application form for enterprise registration shall send a written request for termination of procedures for enterprise registration to the Business Registration Office to which the application is submitted. The Business Registration Office shall consider giving a notification of termination of procedures for enterprise registration and cancel the application for enterprise registration on the National Enterprise Registration Information System within 03 working days from the receipt of the enterprise’s request. If the enterprise’s request is refused, the Business Registration Office shall give a written notification in which reasons for such refusal are specified to the enterprise or its founder.

Thus, according to regulations, the application for enterprise registration can be withdrawn or stopped when the application for enterprise registration is not yet approved on the National Enterprise Registration Information System.

Is it eligible for withdrawal of the application in case of online enterprise registration in Vietnam? How to withdraw the enterprise registration application?

Is it eligible for withdrawal of the application in case of online enterprise registration in Vietnam? How to withdraw the enterprise registration application?

In case of authorization for other individuals or organizations, what should be included in the application for withdrawal of enterprise registration application in Vietnam?

According to Clause 5, Article 32 of Decree No. 01/2021/ND-CP, the application file for withdrawal of enterprise registration application in Vietnam includes 01 written request to stop carrying out enterprise registration procedures.

In case of authorization for other individuals or organizations, the application for withdrawal of enterprise registration dossiers shall be made as follows:

Case

Attached documents

Authorization for individuals

Power of attorney and copies of legal papers of authorized individuals (Notarization or authentication is not required).

Authorization to the organization

Copies of service contracts, referrals and copies of legal documents of the individual referred.

Authorization for public postal service providers

A copy of the application form signed by the postal employee and the person authorized to sign the written request for business registration.

Authorization for postal service providers that are not public postal services:

Copies of service contracts, referrals and copies of legal documents of the individual referred.

How to withdraw enterprise registration application online?

Procedures for withdrawal of enterprise registration application online shall comply with the provisions of Clause 5, Article 32 of Decree No. 01/2021/ND-CP, Section 1, Part A, Appendix II issued together with Decision No. 885/QD-BKHDT in 2021 is as follows:

(1) Order of execution

Case

The order of execution

In case of online registration using a public digital signature

- The applicant declares information, downloads electronic documents, authenticates the enterprise registration dossiers via electronic information network and pays the business registration fees and charges according to the process on the national portal. Business registration (https://dangkytinhdoanh.gov.vn).

- After completing the submission of the business registration application, the applicant will receive a receipt of the business registration application via the electronic information network.

- If the application file is eligible for enterprise registration, the Business Registration Office shall grant enterprise registration and notify the enterprise of the grant of enterprise registration. In case the application is not eligible for business registration, the Business Registration Office shall send a notice via the electronic information network to the enterprise to request the amendment and supplement of the dossier.

In case of online registration using Business Registration Account

- The applicant uses the business registration account to declare information, download electronic documents and authenticate the enterprise registration application via electronic information network and pay business registration fees and charges according to the process on the national portal on business registration (https://dangkytinhdoanh.gov.vn). In case of authorization to carry out business registration procedures via electronic information network using a business registration account, the authorization document must contain contact information of the authorizing person to authenticate the submission of the enterprise registration application through the electronic information network.

- After completing the submission of the application for registration, the applicant will receive a receipt of the business registration application via the electronic information network.

- The Business Registration Office shall grant enterprise registration to the enterprise in case the dossier is eligible and notify the enterprise of the grant of enterprise registration. In case the application is not eligible, the Business Registration Office shall send a notice via the electronic information network to the enterprise to request amendment and supplementation of the dossier.

(2) How to do it: Register your business directly at the Business Registration Office; Via postal service; Through electronic information network.

(3) Time limit for settlement: Within 03 (three) working days from the date of receiving the written request.

(4) Results of administrative procedures:

Notice of termination of business registration procedures for enterprises and cancellation of business registration dossiers according to the process on the National Information System on Business Registration.

(5) Fees: None.

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