If I suspend my business, will my certificate of household business registration be revoked in Vietnam? What is notification period when representative offices suspend business in Vietnam?
If I suspend my business, will my certificate of household business registration be revoked in Vietnam? What are procedures for notification of a company branch's business suspension in Vietnam? What is notification period when representative offices suspend business in Vietnam?
What are procedures for notification of a company branch's business suspension in Vietnam?
Please ask about the procedure to notify the Business Registration Office when I want to temporarily suspend operating the company's branch. Looking forward to receiving support according to the latest regulations.
Answer: Pursuant to the provisions in Article 66 of Decree 01/2021/ND-CP:
1. 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.
2. In case of business suspension, the notification must be enclosed with the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the Board of Directors of the joint-stock company, or the resolution or decision of the owner of the single-member limited liability company on business suspension.
3. 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.
4. When the enterprise applies for registration of business suspension, the Business Registration Office shall change the enterprise’s legal status and status of its branches/representative offices/business locations on the National Enterprise Registration Database to “business suspension”.
5. The enterprise may apply for resumption of business ahead of the notified schedule and notify the resumption of business ahead of the notified schedule for its branches/representative offices/business locations at the same time. The Business Registration Office shall update the enterprise’s legal status and status of its branches/representative offices/business locations on the National Enterprise Registration Database at the same time.
Thus, procedure for notification of business suspension for enterprise branches is carried out according to the above regulations in Vietnam.
If I suspend my business, will my certificate of household business registration be revoked in Vietnam? What is notification period when representative offices suspend business in Vietnam? (Image from the Internet)
If I suspend my business, will my certificate of household business registration be revoked in Vietnam?
Related to management of certificate of household business registration. Question: If I suspend my business, will my certificate of household business registration be revoked in Vietnam? Hope to receive a response soon.
Answer: In Clause 1, Article 93, Decree 01/2021/ND-CP stipulates:
1. A household business shall have its certificate of household business registration revoked in the following cases:
a) Information provided in the application for household business registration is fraudulent;
b) The business is suspended for more than 06 consecutive months without notifying the district-level business registration authority where the business household was registered and the tax authority;
c) The household business engages in banned business lines;
d) The household business is established by person(s) banned from establishing the household business;
dd) The household business fails to send reports as prescribed in Clause 6 Article 16 hereof to the district-level business registration authority within 03 months from the prescribed deadline or the receipt of written request;
e) It is revoked under a Court’s decision or at the request of a competent authority as prescribed by law.
Thus, according to the above regulations in Vietnam, in case of business cessation, a business household suspending business will have to notify the district business registration agency where the business has been registered and the tax agency directly managing it. Not subject to revocation of certificate of household business registration.
What is notification period when representative offices suspend business in Vietnam?
Could you please clarify if our company's representative office intends to suspend business, how long in advance do we have to notify the Business Registration Office?
Answer: Pursuant to the provisions in Clause 1, Article 66 of Decree 01/2021/ND-CP:
1. 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.
Thus, according to this regulation in Vietnam, the representative office of the enterprise must notify the Business Registration Office at least 03 working days before the date of business suspension.
Best regards!
