Recently, the Government of Vietnam has just issued the Decree No. 01/2021/NĐ-CP which completely replaces the Decree No. 78/2015/NĐ-CP on enterprise registration in Vietnam and officially takes effect from January 04, 2021.
Article table of contents
According to Article 41 of the Decree No. 01/2021/NĐ-CP of the Government of Vietnam, 07 enterprise’s legal statuses on the National Enterprise Registration Database includes:
(1) “Business suspension” means the enterprise’s legal status during its business suspension as prescribed in Clause 1 Article 206 of the Law on enterprises of Vietnam. Starting date of “business suspension” status is the date of business suspension registered by the enterprise. Ending date of “business suspension” status is the ending date of business suspension period as notified by the enterprise or the date of resumption of business ahead of schedule registered by the enterprise.
(2) “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. The tax authority shall update and notify the “Not operate at registered address” to the business registration authority through the tax registration information system which is connected with the National Enterprise Registration Information System. The business registration authority shall record and update the enterprise’s legal status as notified by the tax authority on the National Enterprise Registration Database.
(3) “Revocation of enterprise registration certificate due to tax decision enforcement” means the legal status of the enterprise whose enterprise registration certificate is revoked according to a decision issued by the Business Registration Office at the request of the tax authority for enforcement of tax administrative decision. Starting date of the “revocation of enterprise registration certificate due to tax decision enforcement” status is the date on which the Business Registration Office issues a decision to revoke the enterprise registration certificate. Ending date of the “revocation of enterprise registration certificate due to tax decision enforcement” status is the date on which the Business Registration Office restores the enterprise’s legal status at the request of the tax authority in accordance with regulations of the Law on tax administration.
(4) “Undergoing dissolution, fully or partially divided, consolidated or merged” means the legal status of the enterprise that is subject to a dissolution resolution or decision as prescribed in Clause 3 Article 208 of the Law on enterprises of Vietnam; whose enterprise registration certificate is revoked according to a decision issued by the Business Registration Office, unless it is revoked due to tax decision enforcement; that is dissolved according to the court decision as prescribed in Clause 1 Article 209 of the Law on enterprises of Vietnam; that has been fully or partially divided, consolidated or merged and is following procedures for statement and transfer of tax obligations with the tax authority. Starting date of the "undergoing dissolution, fully or partially divided, consolidated or merged” status is the date on which the Business Registration Office notifies that the enterprise is following dissolution procedures on the National Business Registration Portal, or the transferee enterprise, consolidated enterprise or acquiring enterprise is issued with the enterprise registration certificate.
(5) “Undergoing bankruptcy proceedings” means the legal status of an enterprise that is subject to a decision to initiate bankruptcy proceedings issued by the court in accordance with regulations of the Law on bankruptcy. Starting date of the “undergoing bankruptcy proceedings” status is the date on which the Business Registration Office updates the enterprise's status on the National Enterprise Registration Database.
(6) “Dissolved, bankrupt or cease to exist” means the legal status of the enterprise that has completed dissolution procedures and has its status updated by the Business Registration Office according to Clause 8 Article 208, Clause 5 Article 209 of the Law on enterprises of Vietnam; that is subject to a decision to declare bankrupt issued by the Court in accordance with regulations of the Law on bankruptcy; or that ceases to exist due to full division, consolidation or merger according to Clause 5 Article 198, Clause 5 Article 200 or Clause 4 Article 201 of the Law on enterprises of Vietnam. Starting date of the “dissolved, bankrupt or cease to exist” status is the date on which the Business Registration Office updates the enterprise's status on the National Enterprise Registration Database.
(7) “Operating” means the legal status of the enterprise that has been issued with the enterprise registration certificate and does not have the legal status mentioned above.
This is a completely new regulation of the Decree No. 01/2021/NĐ-CP of the Government of Vietnam compared to the Decree No. 78/2015/NĐ-CP and Decree No. 108/2018/NĐ-CP.
- Key word:
- Decree No. 01/2021/NĐ-CP
