Procedures for terminating the operation of artels in Vietnam

Procedures for terminating the operation of artels in Vietnam
Nguyễn Thị Diễm My

The procedures for terminating the operation of artels in Vietnam are stipulated in Decision 1739/QD-BKHDT dated August 13, 2024.

Termination  of  Partnership  Activities

Procedures for terminating the operation of artels in Vietnam (Internet image)

Procedures for terminating the operation of artels in Vietnam

* In case of direct registration:

Within 07 working days from the date of passing the decision on termination of activities, the artel sends the minutes of the meeting on the termination of the artel's activities along with the debt settlement plan (if any) to the district-level business registration authority where the artel is headquartered in Vietnam.

Within 03 working days from the date of receipt of the prescribed documents, the district-level business registration authority uploads these documents and announces the status of the artel undergoing termination procedures on the National Business Registration Portal, changes the legal status of the artel in the cooperative registration database to the status of undergoing termination procedures, and sends information about the artel's termination to the tax authority. The artel carries out the procedures for completing tax obligations with the tax authority in Vietnam according to the provisions of the Tax Management Law.

Within 05 working days from the date of settling all debts and obligations arising during the operation, the artel sends the registration dossier for termination of activities to the district-level business registration authority where the artel is headquartered.

After receiving the registration dossier for termination of the artel's activities, the district-level business registration authority sends information about the artel's registration for termination to the tax authority. Within 02 working days, the tax authority sends its opinion on the completion of the artel's tax obligations to the district-level business registration authority.

Within 05 working days from the date of receipt of the registration dossier for termination of the artel's activities, the district-level business registration authority changes the legal status of the artel in the Cooperative Registration Database to the status of terminated if no objections are received from the tax authority, and concurrently issues a notice on the termination of the artel's activities.

If 03 months have passed since the district-level business registration authority announced the status of the artel undergoing termination procedures on the National Business Registration Portal without receiving the termination registration dossier and objections in writing from the tax authority or any other relevant organizations, individuals, the district-level business registration authority changes the legal status of the artel in the Cooperative Registration Database to the status of terminated, and concurrently issues a notice on the termination of the artel's activities within 03 working days from the date of the aforementioned deadline. Information on the termination of the artel's activities is transmitted from the Cooperative Registration Information System to the taxpayer registration application system for updates.

* In case of electronic environment:

The applicant uses an electronic identification account to access the Cooperative Registration Information System.

The applicant declares information, uploads electronic documents, certifies the registration dossier in the electronic environment, and pays the fee according to the process on the Cooperative Registration Information System.

After completing the submission of the registration dossier, the applicant will receive a registration dossier receipt in their account on the Cooperative Registration Information System.

The registered information of the artel on the Cooperative Registration Information System is transmitted to the taxpayer registration application system to coordinate and exchange information between the district-level business registration authority and the tax authority.

If the dossier meets the conditions for issuing a artel registration, the district-level business registration authority issues the registration for the artel in paper or electronic form. If the dossier is not valid or the artel name requested for registration does not comply with regulations, or the information declared in the registration dossier is inconsistent, the district-level business registration authority sends a notice in the electronic environment to the artel requesting modifications or supplements to the dossier. The applicant uses their account to access the Cooperative Registration Information System to receive feedback on the processing results of the dossier.

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