Vietnam: What are the procedures for terminating the procedures for enterprise registration in case of direct registration?
- What does the application for terminating the procedures for enterprise registration in case of direct registration in Vietnam include?
- What are the procedures for terminating the procedures for enterprise registration in case of direct registration in Vietnam?
- What is the time limit for processing the application for terminating the procedures for enterprise registration in Vietnam?
What does the application for terminating the procedures for enterprise registration in case of direct registration in Vietnam include?
An application for terminating the procedures for enterprise registration in case of direct registration in Vietnam is made according to the provisions of Clause 5, Article 32 of Decree 01/2021/ND-CP, and Section 1, Part A Appendix II promulgated together with Decision 885/QD-BKHDT in 2021, including 01 Written request for termination of procedures for enterprise registration.
In case of authorizing organizations or individuals to perform, the application shall be accompanied by the following documents:
- If an individual is authorized, the application for enterprise registration must include the letter of attorney and copies of legal documents of the authorized individual. The notarization or certification of the letter of attorney is not compulsory.
- If an organization is authorized, the application for enterprise registration must include a copy of the service contract signed with the enterprise registration service provider, the letter of introduction, and legal documents of the person introduced to directly follow enterprise registration procedures.
- If a public postal service provider is authorized, the postal worker shall submit a copy of the application receipt which is made according to the form stipulated by the public postal service provider and bears the signatures of the postal worker and the person competent to sign the application form for enterprise registration.
- If a postal service provider that does not provide public postal services is authorized, the application must include a copy of the service contract signed with the enterprise registration service provider, the letter of introduction, and legal documents of the person introduced to directly follow enterprise registration procedures.
What are the procedures for terminating the procedures for enterprise registration in case of direct registration in Vietnam?
The procedures for terminating the procedures for enterprise registration in case of direct registration in Vietnam are carried out according to Clause 5, Article 32 of Decree 01/2021/ND-CP, Section 1, Part A, Appendix II promulgated together with Decision 885/QD-BKHDT in 2021:
Procedure | Content |
Order | - 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 Enterprise Registration Office to which the application is submitted; - The Enterprise Registration Office shall consider giving 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 Enterprise Registration Office shall give a written notification in which reasons for such refusal are specified to the enterprise or its founder. |
Implementation method | - Enterprise Registration at the Enterprise Registration Office; - Enterprise Registration via postal service; - Enterprise registration via an electronic information network. |
Results of administrative procedures | The Enterprise Registration Office shall consider giving notification of termination of procedures for enterprise registration and cancel the application for enterprise registration on the National Enterprise Registration Information System |
Fees | - Enterprise registration fee: VND 50,000/time. - The applicant shall pay the enterprise registration fee at the time of submitting the application. The enterprise registration fee can be paid directly at the Enterprise Registration Office or transferred to the account of the Enterprise Registration Office or using electronic payment services. The enterprise registration fee is not refunded to the enterprise in case the enterprise is not granted Enterprise Registration. |
Requirements and conditions for carrying out procedures | The application for enterprise registration shall be received to enter information into the National Information System on Enterprise Registration when fully meeting the following conditions: - Have sufficient documents as prescribed; - Have the contact address of the applicant; - Fully paid the enterprise registration fee as prescribed. |
What is the time limit for processing the application for terminating the procedures for enterprise registration in Vietnam?
In Clause 5, Article 32 of Decree 01/2021/ND-CP, there are regulations on the receipt and processing of applications for enterprise registration as follows:
Receipt and processing of applications for enterprise registration
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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 notification of the 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, the time limit for processing an application for terminating the procedures for enterprise registration in Vietnam is 03 working days from the date the Enterprise Registration Office receives a complete and valid application.
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