On January 04, 2021, the Government of Vietnam has issued the Decree No. 01/2021/NĐ-CP on enterprise registration. According to this Decree, there is 1 additional case that enterprises are not allowed to apply for/notify the changes to enterprise registration information in Vietnam.
Article table of contents
Specifically, according to Article 65 of the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, cases in which application for/notification of changes to enterprise registration information is not allowed are stipulated as following:
(1) The Business Registration Office has issued a notice that the enterprise’s violation results in revocation of the enterprise registration certificate or has issued a decision to revoke the enterprise registration certificate;
(2) The enterprise is undergoing dissolution under a decision on enterprise dissolution;
(3) The application or notification is refused at the request of the Court or judgment enforcement authority or investigating authority, head or deputy head of the investigating authority or investigator as prescribed in the Code of Criminal Procedures of Vietnam;
(4) The enterprise has the “Not operate at registered address” status. (New provision compared to the Decree No. 78/2015/NĐ-CP)
“Not operate at registered address” means the enterprise’s legal status showing that, through inspection or verification, tax authorities and relevant agencies find that the enterprise does not operate at its registered address. The tax authority shall provide information about the enterprise that no longer operates at its registered address to the business registration authority. Change, update and starting and ending dates of the enterprise's status shall be decided by the tax authority.
04 cases that the enterprise shall be entitled to apply for/notify changes to enterprise registration information:
- The enterprise has taken remedial measures as requested in the notice of violations and such measures are accepted by the Business Registration Office;
- The enterprise has to register some changes to enterprise registration information to serve its dissolution process and complete the dissolution dossier as prescribed. In this case, the application for changes to enterprise registration information must be enclosed with the enterprise’s explanation for changes;
- There in a written approval given by the entity prescribed in Point c Clause 1 Article 65 of the Decree No. 01/2021/NĐ-CP for the enterprise’s application for changes to enterprise registration information;
- The enterprise has changed from “Not operate at registered address” to “operating” status. (New provision compared to the Decree No. 78/2015/NĐ-CP)
Thus, according to the new regulations applied from January 04, 2021, the law has added the case related to the enterprise’s legal status to control the change of business registration information. To keep up to date with the latest free business-related news, please register here.
Hai Thanh
- Key word:
- Decree No. 01/2021/NĐ-CP
