According to Article 209 of the Law on Enterprises 2020, procedures for dissolution of an enterprise upon revocation of the Certificate of Enterprise Registration are as follows:
Article table of contents
Step 1: The business registration authority shall post a notification that an enterprise is undergoing dissolution on the National Enterprise Registration Portal
According to Clause 1 Article 209 of the Law on Enterprises 2020 of Vietnam, the business registration authority shall post on the National Enterprise Registration Portal a notification that an enterprise is undergoing dissolution on the same day on which the decision to revoke the Certificate of Enterprise Registration is issued.
Note: The notification shall be enclosed with the effective revocation decision or the court decision.
Step 2: Issue the dissolution decision and send it to the business registration authority, tax authority and the enterprise’s employees and publish the decision
According to Clause 2 Article 209 of the Law on Enterprises 2020 of Vietnam, within 10 days from the receipt of the effective decision, the enterprise shall convene a meeting to dissolve the enterprise.
The dissolution resolution or decision and copies of the effective decision shall be sent to the business registration authority, tax authority and the enterprise’s employees and displayed at the enterprise’s headquarters, branches and representative offices.
The dissolution resolution or decision, if required by law, shall be published in at least 03 issues of 01 printed newspaper or electronic newspaper.
Note: In case the enterprise still has unpaid debts, the resolution or decision and the debt payment plan shall be sent to the creditors and persons with related rights, obligations and interest. The debt payment plan shall contain the creditors’ names, debts, repayment time, location and method; method and time limit for settling creditors’ complaints.
Step 3: Publicly announce the dissolution resolution or decision
According to Clause 3 Article 208 of the Law on Enterprises 2020 of Vietnam, within 07 working days from the ratification date, the resolution or decision on dissolution and the minutes of the meeting shall be sent to the business registration authority, tax authority and the enterprise’s employees.
The resolution or decision shall be posted on the National Enterprise Registration Portal, displayed at the enterprise’s headquarters, branches and representative offices.
Note: In case the enterprise still has unpaid debts, the resolution or decision and the debt payment plan shall be sent to the creditors and persons with related rights, obligations and interest. The debt payment plan shall contain the creditors’ names, debts, repayment time, location and method; method and time limit for settling creditors’ complaints;
Step 4: Application for dissolution
According to Clause 1 Article 210 of the Law on Enterprises 2020 of Vietnam, an application for dissolution of an enterprise shall consist of:
- The notification of the enterprise’s dissolution;
- The report on liquidation of the enterprise’s assets;
- List of creditors and paid debts, including tax debts, social insurance, health insurance, unemployment insurance of employees after the dissolution decision is issued (if any).
Note: The enterprise’s legal representative shall submit the application for dissolution to the business registration authority within 05 working days from the day on which the enterprise’s debts are fully paid.
Step 5: Update the enterprise’s status on the national enterprise registration database
According to Clause 5 Article 210 of the Law on Enterprises 2020 of Vietnam, after 180 days from the notification date without further comments from the enterprise or written objections from relevant parties, or within 05 working days from the receipt of the application for dissolution, the business registration authority shall update the enterprise’s status on the national enterprise registration database.
Le Vy
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- Law on Enterprises 2020
