Today, LSX Lawfirm will give you an article about: “Cases of revocation of business registration certificates in Vietnam”, as follows:
Legal grounds
Law on enterprises 2020
Decree No. 47/2021/ND-CP
Decree No. 01/2021/ND-CP
Circular No. 01/2021/TT-BKHDT
Circular No. 47/2019/TT-BTC
Cases of revocation of business registration certificates in Vietnam
According to Article 75 of Decree 01/2021/ND-CP, cases of revocation of the Certificate of Business Registration are as follows:
Firstly
The information declared in the enterprise registration dossier is forged.
You can refer to the article related to Division and separation of enterprises, or Registration company in Vietnam after a full or partial division, Cease existence of divided company in Vietnam or Names of Vietnam’s branches and representative offices.
Secondly
Accordingly, registered enterprises with individuals or organizations banned from establishing enterprises as prescribed in Clause 2, Article 17 of the Law on Enterprises in 2020:
The following organizations and individuals do not have the right to establish and manage enterprises in Vietnam:
a) State authorities, People’s armed forces using state-owned assets to establish enterprises to serve their own interests;
b) Then, officials and public employees defined by the Law on Officials and the Law on Public Employees;
c) Then, commissioned officers, non-commissioned officers, career military personnel, military workers and public employees in agencies and units of Vietnam People’s Army; commissioned officers, non-commissioned officers and police workers in police authorities and units, except for those designated and authorized representatives to manage state-owned stakes in enterprises or to manage state-owned enterprises.
In addition
d) So, executive officers and managers of state-owned enterprises prescribed in Point a Clause 1 Article 88 of this Law, except those who are designated as authorized representatives to manage state-owned stakes in other enterprises;
dd) Then Minors, people with limited legal capacity; incapacitated people; people having difficulties controlling their behaviors; organizations that are not juridical persons;
e) Then, people who are facing criminal prosecution, kept in temporary detention, serving an imprisonment sentence, serving an administrative penalty in a correctional institution or rehabilitation center, has limited legal capacity or is incapacitated, is not able to control his/her own behaviors, is banned by the court from holding certain positions or doing certain works; other cases prescribed by the Law on Bankruptcy and the Anti-corruption Law.
If so requested by the business registration authority, the applicant shall submit the judicial records;
g) Juridical persons that are banned from business operation or banned from certain fields as prescribed by the Criminal Code.
Thirdly
So, the enterprise ceases its business operations for 1 year without notifying the business registration authority and the tax authority
Then
- Enterprises fail to submit reports as prescribed at Point c, Clause 1, Article 216 of the Enterprise Law 2020.
- So, the Court decided to revoke the Certificate of Business Registration.
- The Business Registration Office receives a written request for revocation of the Business Registration Certificate from a competent state agency in accordance with law.
Related questions
Business registration is understood as a written record of business activities by a competent state agency about the birth of a business entity. Business subjects here include various types of businesses and individual business households.
A business registration certificate includes the following main contents:
Line of business activities.
– Name and address of the main business office, enterprise branch and representative office of the enterprise.
– Information about the full name and permanent address, nationality, number of the people’s identity card / citizen identification card, passport or personal identification of the legal representative of the enterprise, etc.
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