Vietnam: Which agency has the authority to issue a decision on restoring an enterprise’s legal status after its enterprise registration certificate is revoked?
- Which agency has the authority to issue decisions on restoring an enterprise’s legal status after its enterprise registration certificate is revoked in Vietnam?
- In what cases will certificates of branch/representative office registration in Vietnam be revoked?
- In what cases will a decision on invalidating the revocation decision and restoring the validity of the certificate of branch/representative office registration in Vietnam be issued?
Which agency has the authority to issue decisions on restoring an enterprise’s legal status after its enterprise registration certificate is revoked in Vietnam?
Pursuant to Clause 1, Article 76 of Decree 01/2021/ND-CP stipulating as follows:
Restoration of an enterprise’s legal status after its enterprise registration certificate is revoked
1. The Business Registration Office shall issue a decision to invalidate the decision to revoke the enterprise registration certificate and restore the enterprise’s legal status on the National Enterprise Registration Information System in the following cases:
a) The Business Registration Office determines that the enterprise is not subject to revocation of the enterprise registration certificate;
b) The Business Registration Office receives a written request from the tax authority for restoration of the enterprise’s legal status after the enterprise registration certificate is revoked due to collection of tax debts before the enterprise’s legal status on the National Enterprise Registration Database is changed into “dissolved”.
2. The Business Registration Office shall take responsibility for its decision to invalidate the decision to revoke the enterprise registration certificate and restoration of the enterprise’s legal status on the National Enterprise Registration Database.
3. Within 01 working day from the date of issue of the decision to invalidate the decision to revoke the enterprise registration certificate, the Business Registration Office shall send the above mentioned decision to the enterprise’s headquarters address, send information about the invalidation of the decision to revoke the enterprise registration certificate and restoration of the enterprise’s legal status to the tax authority, and post that decision on the National Business Registration Portal.
Thus, according to the above provisions, the Business Registration Office in Vietnam shall issue decisions on restoring an enterprise’s legal status after its enterprise registration certificate is revoked.
In what cases will certificates of branch/representative office registration in Vietnam be revoked?
Pursuant to Clause 1, Article 77 of Decree 01/2021/ND-CP stipulating as follows:
Certificates of branch/representative office registration shall be revoked in the following cases:
- The application for registration of branch/representative office contains fraudulent information;
- The branch/representative office is suspended for 01 year without notifying the Business Registration Office and the tax authority;
- The certificate of branch/representative office registration is revoked according to a Court’s decision or request of a competent authority as prescribed by law.
In what cases will a decision on invalidating the revocation decision and restoring the validity of the certificate of branch/representative office registration in Vietnam be issued?
Pursuant to Clause 9, Article 77 of Decree 01/2021/ND-CP stipulating as follows:
The Business Registration Office shall issue a decision to invalidate the revocation decision and restore the validity of the certificate of branch/representative office registration in the following cases:
- The Business Registration Office determines that the branch/representative office is not subject to revocation of the certificate of branch/representative office registration;
- The Business Registration Office receives a written request from the tax authority for invalidation of the revocation decision and restoration of validity of the certificate of branch/representative office registration after it is revoked to serve the collection of tax debts.
The Business Registration Office shall take responsibility for its decision to invalidate the revocation decision and restore the validity of the certificate of branch/representative office registration. Within 01 working day from the date of issue of the decision to invalidate the revocation decision and restore the validity of the certificate of branch/representative office registration, the Business Registration Office shall send the above mentioned decision to the enterprise’s headquarters address, post it on the National Business Registration Portal, and send information about the invalidation of the revocation decision and restoration of the validity of the certificate of branch/representative office registration to the tax authority.
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