What are the cases of restoration of an enterprise’s legal status after its enterprise registration certificate is revoked in Vietnam?

What are the cases of restoration of an enterprise’s legal status after its enterprise registration certificate is revoked in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the cases of restoration of an enterprise’s legal status after its enterprise registration certificate is revoked in Vietnam?

According to Article 76 of Decree 01/2021/ND-CP, the restoration of an enterprise’s legal status after its enterprise registration certificate is revoked is as follows:

- The Business Registration Office shall issue a decision to invalidate the decision to revoke the enterprise registration certificate and restore the enterprise’s legal status on the National Enterprise Registration Information System in the following cases:

+ The Business Registration Office determines that the enterprise is not subject to revocation of the enterprise registration certificate;

+ The Business Registration Office receives a written request from the tax authority for restoration of the enterprise’s legal status after the enterprise registration certificate is revoked due to collection of tax debts before the enterprise’s legal status on the National Enterprise Registration Database is changed into “dissolved”.

- The Business Registration Office shall take responsibility for its decision to invalidate the decision to revoke the enterprise registration certificate and restoration of the enterprise’s legal status on the National Enterprise Registration Database.

- Within 01 working day from the date of issue of the decision to invalidate the decision to revoke the enterprise registration certificate, the Business Registration Office shall send the abovementioned decision to the enterprise’s headquarters address, send information about the invalidation of the decision to revoke the enterprise registration certificate and restoration of the enterprise’s legal status to the tax authority, and post that decision on the National Business Registration Portal.

Thus, the Business Registration Office shall issue a decision to invalidate the decision to revoke the enterprise registration certificate and restore the enterprise’s legal status on the National Enterprise Registration Information System in the following cases:

+ The Business Registration Office determines that the enterprise is not subject to revocation of the enterprise registration certificate;

+ The Business Registration Office receives a written request from the tax authority for restoration of the enterprise’s legal status after the enterprise registration certificate is revoked due to collection of tax debts before the enterprise’s legal status on the National Enterprise Registration Database is changed into “dissolved”.

2. 05 cases of revocation of the Certificate of Enterprise Registration in Vietnam

Article 212 of the Law on Enterprise 2020 stipulates that an enterprise’s Certificate of Enterprise Registration shall be revoked in the following cases:

- The enterprise registration application contains fraudulent information;

- The enterprise is established by persons banned from establishing enterprises specified in Clause 2 Article 17 of the Law on Enterprise 2020 ;

- The enterprise is suspended for 01 year without notifying the business registration authority and the tax authority;

- The enterprise fails to send reports in accordance with Point c Clause 1 Article 216 of the Law on Enterprise 2020  to the business registration authority within 06 months from the deadline or from the receipt of a written request;

- Other cases under decision of the court or request of competent authorities as prescribed by law.

Thus, enterprises falling into the 05 cases mentioned above will have their Business Registration Certificates revoked.

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE