Vietnam: Guidelines for enterprise division from January 17, 2021

Circular No. 105/2020/TT-BTC on guidelines for tax registration issued by the Ministry of Finance of Vietnam on December 03, 2020, has detailed guidelines for enterprise division from January 17, 2021.

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1. Tax procedures for transferor entity

After the partial division, if any change to the tax registration occurs, the transferor entity shall apply for amendments to tax registration to the supervisory tax authority within 10 business days after being issued with the establishment and operation license, establishment decision or other equivalent document by the competent authority.

Required documents in the application:

- Application form for amendments to tax registration No. 08-MST issued together with the Circular No. 105/2020/TT-BTC of the Ministry of Finance of Vietnam;

- Copy of the decision on partial division or equivalent document;

- Copy of establishment and operation license, establishment decision or equivalent document.

The notification of changes in tax registration information shall be made together with the change in business registration information.

2. 1. Tax procedures for transferee entity

Tax registration dossiers of transferee entity are business registration dossiers, including:

- Documents specified in Articles 23 and 24 of the Decree No. 01/2021/ND-CP depending on the type of enterprise;

- Resolutions and decisions on the separation of the company;

- A copy of the minutes of the Members' Council meeting for limited liability companies with two or more members, of the General Meeting of Shareholders for joint-stock companies, on the separation of the company.

Each transferee entity is assigned a unique code called enterprise code. This code is concurrently the tax code and the identification number of the enterprise participating in social insurance.

Above is the entire tax procedure for businesses when separating. To update the latest legal information about the business, please register here (free).

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