Exchange of information between systems of cooperatives terminating operation

Exchange of information about dissolution of cooperatives or cooperatives declared bankrupt or termination of operation of their subsidiaries or business locations

According to Article 11 of the Regulation No.01/2022/QCLT-BTC-BKHDT of the Ministry of Finance and the Ministry of Planning and Investment on exchange of information about registration of dissolution of cooperatives or cooperatives declared bankrupt as follows:

(1) If the cooperative submits a notification of dissolution to the registration agency or the People's Committee at the same level with the state agency issuing the certificate of cooperative registration, the cooperative registration agency shall issue a decision on compulsory dissolution as prescribed in Clause 2 Article 54 of the Law on Cooperatives, the cooperative registration agency shall receive and check the validity of the application, and update information on the national information system for registration of cooperative and transmit the application to the tax registration system according to the list prescribed in Appendix 14 issued herewith.

According to information from the National Information System for registration of cooperatives, the tax authority shall follow tax procedures as prescribed.

(2) If the cooperative applies for dissolution or notification of shutdown of the affiliated entity or the cooperative is terminated because of division, consolidation, merger or dissolution, or dissolution council shall submit the dissolution application in case of compulsory dissolution, the cooperative registration agency shall receive and check the validity of the application, input information into the National Information System and transmit it to the tax registration application system according to the list provided in Appendix 14 issued thereto.

(3) If the cooperative registration agency receives the decision to initiate bankruptcy process or declaration of bankruptcy from the court, the cooperative registration agency shall update the status of the cooperative on National Information System for registration of cooperatives and transmit it to the tax registration application system. The tax registration system shall update information about the cooperative into the system.

(4)        Based on information transmitted from the National Information System for registration of cooperatives under the provisions of clause 2 and 3 of this Article, the tax registration system shall verify the status of fulfillment of tax obligations of cooperatives and affiliates in accordance with the law on tax and send feedbacks to the National Information System for registration of cooperatives within 02 working days from the date on which the information is received.

- In case the cooperative, affiliated units have fulfilled the tax obligations as prescribed:

+ The tax registration system shall send information about the status of the cooperative or affiliated unit that has fulfilled their tax obligations to the National Information System for registration of cooperatives.

The cooperative registration agency must transfer the status of the cooperative or affiliated unit to the tax registration system

+ The tax registration system shall deactivate the TIN of the requesting cooperative or affiliated entity after receiving information transmitted by the National Information System for registration of cooperatives.

- If the cooperative or affiliated unit has not yet fulfilled its tax liabilities as prescribed, the tax registration system shall send feedbacks on the cooperative or affiliated unit that has not yet fulfilled its tax obligations to the National Information System for cooperative registration.

According to the information provided by the tax registration system, the registration authority shall instruct the cooperative or affiliated unit to contact the tax authority to fulfill tax liabilities before registering dissolution, shutdown, or shutdown.

- If no response is sent by the National Information System for registration of communication cooperatives within 02 working days from the day on which it is sent by the tax registration system, the tax registration authority shall continue processing the case in accordance with regulations and law and notify the result to the affiliated cooperative or unit.

(5) If the cooperative submits the application for shutdown of the business location, the cooperative registration agency shall receive and verify the validity of the application, update the status of the business location on National Information System for registration of cooperative and transmit information to the Registration System. The tax registration system shall shut down the business location on the basis of information received from National Information System for cooperative registration.

Exchange of information between systems of cooperatives terminating operation

Exchange of information when cooperatives suspend their business

According to Article 10 of the Regulation No.01/2022/QCLT-BTC-BKHDT issued by the Ministry of Finance and the Ministry of Planning and Investment on the exchange of information about suspension of business of cooperatives as follows:

- Cooperative registration agencies shall receive and check the validity of applications for registration of temporary suspension of business of cooperatives, their affiliates and business locations and update them on the national information system on registration of cooperatives and transmit information to the tax registration application system according to the list provided in Appendix 12 to this Regulation (not printed herein).

- The tax registration system shall receive information about business suspension of cooperatives, affiliated units, and business locations from National information system for registration of cooperatives, update the status of business suspension of cooperatives, affiliated units, and business locations.

- When the suspension period ends because the cooperative, affiliated unit, or business location has been registered, National Information System for registration of cooperative shall automatically update the suspension status of the cooperative, affiliated unit, or business location, and transmit information to the tax registration system according to the list in Appendix 13 enclosed herewith.

The tax registration system shall receive and automatically update information about operation of cooperatives, their affiliates and business locations from the National Registration Information System.

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