Facing the impact of the Covid-19 epidemic, many businesses have decided to suspend business for a while. At present, companies and individuals can carry out the procedures for business suspension online. Submit the application for business suspension online helps people save time with easy steps. Therefore, in this article LSX legal firm will give you guidance on: “Detailed instructions to suspend business online in Vietnam”
Legal grounds
- Law on Enterprise 2020
- Decree 01/2021/ND-CP
Instructions to register business suspension online
To register for the online business suspension procedure, businesses need to follow these steps:
Step 1: Prepare 2 sets of dossiers: 01 set to submit to the business registration agency and 01 set to keep at the company.
Dossiers include:
- Notice of business suspension (Appendix II-21, Circular No. 02/2019/TT-BKHDT);
- The decision to suspend business (Download the business suspension form of the enterprise);
- A valid copy of the meeting minutes of the Board of Members for limited liability companies with two or more members; of the Board of Directors for joint-stock companies; of general partners for partnerships;
- Authorization letter for the person carrying out the procedure.
Step 2: Scan, take a photo of the dossiers
Scan or take a photo of all the above documents and save them in pdf format.
Step 3: Submit your application online at: dangkyquamang.dkkd.gov.vn
Instructions to submit dossiers for business suspension online
To submit a dossier of business suspension online, enterprises follow the following order:
Step 1: Prepare a set of business suspension dossiers corresponding to the type of business and prepare valid documents.
Step 2: Submit your application online at: https://dangkykinhdoanh.gov.vn (enterprise must have a business registration account). The enterprise sends a notice to the Business Registration Office where the enterprise has registered its business operation at least 03 working days before the date of business suspension.
Step 3: Within 03 working days after receiving the valid application, the Business Registration Office will send a receipt to the enterprise.
- Application valid: Received a certificate of business suspension.
- Application invalid: The business registration office sends a notice requesting amendments and supplements (return to step 2).
Submit a notice of business suspension online
When submitting an online business suspension notice, businesses should note the following:
- Firstly, if the company has a branch, representative office, or business location; then must send a Notice of suspension of a branch operation, representative office, or business location to the Business Registration Office – Department of Planning and Investment before the online registration.
- Secondly, carry out procedures for registration of business suspension at least 03 days before the date of the suspension according to the Enterprise Law 2020 (effective from January 1, 2021).
- In case the business suspend for a full year (from January 1 to December 31), it does not have to pay license tax, declare tax, submit financial statements, and finalize taxes.
- Fourthly, the time to process the application is within 03 working days from the date of receipt (if the application is valid). If the application is not valid, the Business Registration Office will issue a notice on the amendment and supplement of the dossier.
- During the business suspension, the enterprise must continue to fulfill its tax, social insurance, health insurance as well as unemployment insurance obligations. Also, continue to pay debts and complete the performance of signed contracts.
The term of business suspension
Clause 1, Article 66 of Decree No. 01/2021/ND-CP stipulates that the business suspension period must not exceed 01 year. The enterprise must send a notice to the Business Registration Office where the enterprise headquartered at least 03 working days before the date of business suspension.
In case an enterprise wishes to continue suspending business after the notice period expires, it must notify the Business Registration Office at least 03 working days before the date of resumption of business suspension.
Suspend the business of an enterprise
Suspending business gets a way for businesses to have time to improve, change, and complete the apparatus to do business more effectively in the future.
In fact, most business owners do not know that when the company suspends business, they have to notify the Department of Planning and Investment where the company located. This notification is mandatory; If not, they will face the risk of an administrative penalty of up to 2 million VND (According to Article 32 of Decree 50/2016/ND-CP).
Additionally, when the enterprise has actually suspended without notifying the business suspension, it will continue to perform the legal obligations regarding:
- Declare and report tax quarterly and annually for the company.
- The tax authority will still conduct periodic inspections of business establishments.
- Obligation to declare and pay compulsory social insurance for employees even though the company has stopped operating in reality;
- Obligation to pay annual license tax even though no longer doing business.
Business suspension service of LSX Legal Firm
Business suspension-a necessary solution for businesses when they cannot continue doing business for a specified period of time. Suspending business quickly will help businesses avoid unnecessary costs. Meanwhile, the business suspension process contains complicated procedures so if businesses do it themselves, they will face many risks. Using the business suspension service of LSX will make you feel secure in each stage of implementation.
To make your case more convenient, LSX will perform:
- Legal advice related to new regulations in business suspension;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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Related questions
Notice of business suspension of the company for the second time (by sample);
Minutes of meetings of the Board of members (LLCs with 2 or more members); Minutes of the meeting of the company’s shareholders (joint-stock company);
The decision of the company owner on business suspending (1-member limited liability company);
The decision of the Board of members (LLCs with 2 or more members); Decision of the Administrative Council of the company (Joint-stock company);
Power of attorney or authorization contract for an individual/organization to carry out business suspension procedure
Enterprises: Taxpayers are entitled to suspend their operations of the business for no more than 1 year/each time. Organization: the total period of suspension of business shall not exceed 2 years for 2 consecutive registrations.
If the taxpayer does not incur tax obligations during the period of business suspension, then the taxpayer not required to submit a tax return. In contrast, if the business does not take the full calendar year or fiscal year off, it still has to submit the annual tax finalization file.
Contact LSX Law Firm
Finally, hope this article is useful for you to answer the question about: “Detailed instructions to suspend business online in Vietnam?”. If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]
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