DOCUMENTS, PROCEDURES AND PROCEDURES NOTICE OF TERMINATION OF ACTIVITIES OF BRANCHES, REPRESENTATIVE OFFICE, BUSINESS LOCATIONS DOCUMENT COMPONENTS Enterprises prepare [...]
DOCUMENTS, ORDER, PROCEDURES FOR NOTIFICATION OF TERMINATION OF ACTIVITIES OF BRANCHES, REPRESENTATIVE OFFICE, BUSINESS LOCATIONS
The enterprise prepares 01 set of documents according to the provisions of Enterprise Law No. 59/2020/QH14 dated June 17, 2020; Article 72 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 | Notify the termination of operations of branches, representative offices, and business locations to the Business Registration Office where the branch, representative office, and business location is located according to form Appendix II-20 of Circular No. 01/2021/TT-BKHDT. | Appendix II-20 |
| 2 | Resolution/decision and meeting minutes on terminating branch and representative office operations | |
| – | For one-member limited liability company: resolution/decision of the owner | |
| – | For limited liability companies with two or more members, partnerships: resolution/decision and copy of meeting minutes of the Board of Members | |
| – | For joint stock companies: Resolution/decision and copy of meeting minutes 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 competent person signs the registration document/notification of authorization for 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
– Document authorizing the individual to carry out the procedure (notarization or authentication required).
– Copy of the service provision contract with the service organization performing the procedure.
– Referral letter from that organization to the individual directly carrying out the procedure and a copy of the individual's legal documents for the referred person.
Step 1: Prepare documents according to regulations
Step 2: Submit application
* 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/
* Before announcing the termination of operations of a branch, representative office, or business location, the enterprise, branch, or representative office must register with the Tax Authority to fulfill tax payment obligations according to the provisions of tax law.
* Within 10 days from the date of decision to terminate the operation of the branch, representative office, or business location, the enterprise shall send a Notice of termination of operation of the branch, representative office, or business location to the Business Registration Office where the branch, representative office, or business location is located.
* Termination of branch and representative office operations of an enterprise in a foreign country is carried out in accordance with the law of that country. Within 30 days from the date of official termination of branch and representative office operations abroad, the enterprise shall send a written notice of termination of branch and representative office operations abroad to the Business Registration Office where the enterprise's head office is located according to the form appendix II-21 Circular No. 01/2021/TT-BKHDT.
* After receiving the application for termination of branch, representative office, or business location, the Business Registration Office sends information about the branch, representative office, and business location termination to the Tax Authority. Within 02 working days from the date of receiving information from the Business Registration Office, the Tax Authority shall send comments on the fulfillment of tax payment obligations of the branch, representative office, and business location to the Business Registration Office. Within 05 working days from the date of receipt of the application for termination of branch, representative office, or business location, the Business Registration Office shall terminate the operation of the branch, representative office, or business location.in the National Business Registration Database if you do not receive a refusal from the Tax Authority, and at the same time issue a notice of termination of the branch, representative office, or business location.
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 business founder 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
