DOCUMENTS AND PROCEDURES FOR REGISTRATION OF SUSPENSION OF BUSINESS FOR ENTERPRISES DOCUMENT COMPONENTS Enterprises prepare 01 set of documents according to [...]
DOCUMENTS, ORDER, PROCEDURES FOR REGISTERING TEMPORARY BUSINESS SUSPENSION
FOR BUSINESSES
The enterprise prepares 01 set of documents according to the provisions of Enterprise Law No. 59/2020/QH14 dated June 17, 2020; Article 66 of Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government, the form is prescribed in Circular No. 01/2021/TT-BKHDT dated March 16, 2021 of the Ministry of Planning and Investment, specifically:
| 1 | Notification according to the form Appendix II-19 Circular No. 01/2021/TT-BKHDT | Appendix II-9 |
| 2 | Resolution/decision and copy of meeting minutes on business suspension
(Reference form of the Business Registration Office) |
|
| For single-member limited liability companies: resolution/decision of the owner | Decision to suspend LLC LLC | |
| For limited liability companies with two or more members: resolution/decision and copy of meeting minutes of the Board of Members | Minutes of changes to LLC-2TV LLC | |
| For joint stock companies: Resolution/decision and copy of meeting minutes of the General Meeting of Shareholders
|
Minutes-of-changes of the General Meeting of Shareholders |
* Individual legal documents (specified in Article 11 of Decree No. 01/2021/ND-CP):
– Vietnamese citizens: Identity card/Citizen identification card., valid passport
– Foreigners: Valid passport
* Documents in foreign languages must be accompanied by notarized Vietnamese translations (stipulated in Article 10 of Decree No. 01/2021/ND-CP)
* In case the person competent to sign the document requesting business registration authorizes another organization or individual to carry out business registration procedures (stipulated in Article 12 of Decree No. 01/2021/ND-CP), the application must be submitted with:
– Copy of legal documents of the individual authorized person
– Authorization document for an individual to carry out procedures related to business registration (notarization or authentication is not required).
– Copy of the service provision contract with the service organization performing procedures related to business registration.
– Referral letter from that organization to the individual directly carrying out procedures related to business registration and a copy of the individual's legal documents for the referred person.
Step 1: Prepare documents according to regulations
Step 2: Submit application
* In case an enterprise temporarily suspends business, the enterprise sends a notice to the Business Registration Office where the enterprise is headquartered no later than 03 working days before the date of temporary suspension of business.
* In case the enterprise continues to suspend business after the end of the notified period, the enterprise shall send a notice to the Business Registration Office where the enterprise is headquartered no later than 03 working days before the date of continued suspension of business. The duration of each notification must not exceed one year.
* To effectively apply the Government's regulations on carrying out administrative procedures in the electronic environment in Decree No. 45/2020/ND-CP dated April 8, 2020, as well as create further conditions for people and businesses, increase transparency in handling administrative procedures, save costs and time for both people, businesses and business registration agencies, the Registration Office Business encourages people and businesses to carry out business registration procedures in the electronic network environment.
– Submitting documents online: Competent person or authorized person uses Public Digital Signature or Business Registration Account to register a business electronically (stipulated in Article 42 of Decree No. 01/2021/ND-CP).
See instructions and follow instructions https://dangkyquamang.dkkd.gov.vn/
– When receiving dossiers, the Business Registration Office is responsible for reviewing and sending notices via electronic network to the enterprise to request amendments and supplements to the dossiers in case the dossiers are not valid. When the dossier is valid, the Business Registration Office notifies the enterprise electronically to issue a confirmation of the enterprise's registration to temporarily suspend business.
The Business Registration Office updates the legal status of the enterprise and the status of all branches, representative offices, and business locations of the enterprise in the National Database on Business Registration to a state of temporary business suspension.
Step 3: Get results
After receiving the notification electronically, the competent person or authorized person receives the results
– In case of receiving results directly: Competent person or authorized person receives results at the Department of receiving documents and returning business registration results at Hai Phong Department of Finance, No. 1 Dinh Tien Hoang, Minh Khai ward, Hong Bang district.
(When coming to receive results, the competent person or authorized person brings personal legal documents or notarized copies of personal legal documents)
– In case of receiving results via public postal service: To receive results via public postal service, the applicant must attach a Request to receive results via public postal service when submitting the application electronically. The Business Registration Office will return the results to the recipient at the address stated in the Request to Receive Results via Public Postal Service.
* Fees:
Electronic registration documents are exempt from fees according to regulations in Circular No. 130/2017/TT-BTC of the Ministry of Finance
Procedures
