Where can I get a certification of business suspension in Vietnam? How many days for suspension of household business before it must notify the business registration authority in Vietnam?

How many days for suspension of household business before it must notify the business registration authority in Vietnam?

Let me ask, how many days for suspension of household business before it must notify the business registration authority?

Answer: Pursuant to Clause 1, Article 91 of Decree 01/2021/ND-CP regulating business suspension and resumption of business ahead of notified schedule as follows:

1. If the suspension period is 30 days or longer, the household business must send a notification to the business registration authority of district where it was registered and its supervisory tax authority.

Thus, in principle, in case of business suspension for 30 days or more, household businesses must notify the business registration authority in Vietnam.

Note: In case a household business suspends business and resumes business before the announced deadline, the household business shall send a written notice to the business registration authority of district where the business household has registered at least at least 03 working days before suspending business or resuming business before the announced deadline.

How long will it take to revoke the enterprise registration certificate after suspending business in Vietnam?

Please ask, in the normal case, when a business suspends business, how long will it take to revoke the enterprise registration certificate?

Answer: Pursuant to Clause 3, Article 75 of Decree 01/2021/ND-CP stipulating procedures for revocation of enterprise registration certificate:

3. In case the enterprise suspends its business for 01 year without notifying the business registration authority and the tax authority, the Business Registration Office shall issue a notice of violations and request the enterprise’s legal representative to provide explanation at its office. If the enterprise’s legal representative fails to provide explanation within 10 working days from the deadline written in the notice or provides implausible explanation, the Business Registration Office shall issue a Decision to revoke the enterprise registration certificate.

Thus, the suspension will be for 01 year and after 10 working days from the end of the appointment period in the notice, if the requested person does not come or the explanation is not approved, the Business Registration Office will issue a decision to revoke the enterprise registration certificate.

Where can I get a certification of business suspension in Vietnam? How many days for suspension of household business before it must notify the business registration authority in Vietnam? (Image from the Internet)

Where can I get a certification of business suspension in Vietnam? 

Due to the epidemic, the company had to close and workers were not allowed to go to work. So my business has to make a reduction notice for all employees. However, the social insurance company requires a business suspension certificate. So where should I apply for this document?

Answer: According to Article 66 of Decree 01/2021/ND-CP regulations on registration of business suspension and resumption of business ahead of schedule, as follows:

- When an enterprise or its branch/representative office/business location suspends its business or resumes its business ahead of schedule, the enterprise shall send a notification to the Business Registration Office of province where the enterprise or its branch/representative office/business location is located at least 03 days before the planned date of suspension or resumption. 

- If the enterprise or its branch/representative office/business location is still suspended after the notified suspension period, another notification must be sent to the Business Registration Office at least 03 days before the planned date of suspension. 

- Each notified suspension period must not exceed one year.

After receiving the application for enterprise registration, the Business Registration Office shall give a confirmation slip, examine the validity of received documents, and issue a certification that the enterprise or its branch/representative office/business location has registered the business suspension or resumption of business ahead of schedule within 03 working days from the receipt of satisfactory documents.

Note: Accompanying the notice must be a resolution, decision and a copy of the meeting minutes of the Board of Members for limited liability companies with multiple members, partnerships, and of the Board of Directors for with joint stock companies; Resolution or decision of the company owner for a single-member limited liability company on business suspension.

Thus, 03 days before suspending business in Vietnam, the enterprise must send a notice to the Business Registration Office where the enterprise is headquartered. After receiving the application, the Registration Office will issue a certificate confirming that the enterprise has registered to suspend business.

However, there will not be a business suspension certificate, but the Registration Office will update the legal status of the enterprise on the National Business Registration Database to a status of business suspension in Vietnam.

Best regards!