Business location is the place where an enterprise conducts business activities, in the course of operation, the business location of the enterprise still encounters many difficulties leading to the termination of its operation. So how is the procedure to terminate the operation of a business location done? What kind of documents need to be prepared? LSX Lawfirm will give you an article about: “Termination of business location in Vietnam”, as follows:
Legal grounds
Enterprise Law 2020;
Decree 01/2021/ND-CP on business registration;
Circular 01/2021/TT-BKHDT providing guidance on business registration;
Other relevant legal documents.
Termination of business location in Vietnam
Accordingly, Clause 3, Article 44 of the Enterprise Law 2020 stipulates:
“3. A business location is a place where an enterprise conducts specific business activities.
According to Clause 1, Article 213 of the Enterprise Law 2020, cases of termination of business locations are as follows:
- In case the business location ceases to operate under the decision of the enterprise;
- In case the business location ceases to operate under the decision on revocation of the Certificate of business location registration issued by a competent state agency.
Procedures for terminating a business location in Vietnam
In case the business location ceases to operate under the decision of the enterprise
According to the provisions of Article 72 of Decree No. 01/2021/ND-CP, the procedure for terminating the operation of the business location in this case includes the following steps:
Step 1:
So within 10 days from the date on which the enterprise has a decision to terminate the operation of the business location; the enterprise shall send a dossier on the termination of operation of the business location to the Business Registration Office where the head office is located. of the place of business;
Step 2:
So the Business Registration Office receives the application and sends information about the business location’s termination of operation to the tax authority. Within 02 working days from the date of receipt of information from the Business Registration Office; the tax authority shall send comments on the fulfillment of tax obligations of the business location to the Business Registration Office;
Step 3:
The Business Registration Office receives the notice, checks the validity of the application; and changes the legal status of the business location in the National Business Registration Database to the terminated state; and at the same time issue a Notice of termination of the business location;
Note: Before announcing the termination of operation of the business location; the business location must carry out tax closing procedures with the tax authority to fulfill the tax payment obligation in accordance with the tax law.
In case the business location ceases to operate according to the decision on revocation of the Certificate of business location registration issued by a competent state agency.
Pursuant to Clause 10, Article 77 and Article 72 of Decree No. 01/2021/ND-CP, the procedure for terminating branch operation in this case includes the following steps:
Step 1:
Within 15 days from the date of issuance of a decision on revocation of the business location registration certificate issued by a competent state agency; unless the business location is revoked the operation registration certificate due to coercive tax debt. The enterprise sends the application for termination of business location to the Business Registration Office; where the address of the head office and business location is located.
Step 2:
So, the Business Registration Office receives the application and sends information about the business location’s termination of operation to the tax authority; within 2 working days from the date of receipt of the business registration office’s information. The tax authority shall send comments on the fulfillment of the tax payment obligation of the business location to the Business Registration Office;
Step 3:
So, the Business Registration Office receives the notice, checks the validity of the application; and changes the legal status of the business location in the National Business Registration Database to the terminated state; and at the same time Issue a Notice of Termination of Business Location.
Time limit for settlement
So 05 (five) working days from the date of receipt of valid application
Number of records
So 01 (one) set
You can also refer to the article about: Procedures for changing the address of a representative office or Dossier to change the address of a representative office in Vietnam
Related articles
Service for setting up branches and representative offices in Vietnam
Procedures for changing the legal representative of Vietnam
Representative office – points to note according to Vietnamese law
Related questions
An application for a domestic travel service business license.
Authenticated copy of Business Registration Certificate.
Certificate of deposit for travel service business;
Authenticated copy of the decision or the labor contract between the company and the person in charge of the travel service.
Lastly, Authenticated copy of degree or certificate of the person in charge of travel service.
Article 10, Decree 07/2016/ND-CP: A dossier of application for a license to establish a representative office of a foreign trader includes:
Firstly, an application form for a license to establish (certified by the foreign trader);
A copy of the business registration certificate or equivalent document of the foreign trader (in case the copy of the passport of the head of the representative office is a foreigner must translate into Vietnamese and translated into Vietnamese). consular certification or legalization in accordance with Vietnamese law);
Letter of appointment/appointment of the head;
Fourthly, a copy of the audited financial statement or a written certification of the performance of tax or financial obligations. In the most recent fiscal year or an equivalent document proving the existence and operation of the Company. Foreign traders in the most recent financial year;
Copy of passport or identity card or citizen identification card (if Vietnamese) or passport copy (if foreigner) of the head of the representative office;
Contract to locate the head office of the representative office.
Note: Documents submitted to the licensing agency must translate into Vietnamese and legal in accordance with Vietnam’s regulations.
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