Regulations on withdrawing application for business registration in Vietnam

In order to establish a business, according to current regulations, we must register an enterprise. When carrying out this procedure, it is not uncommon to enter the wrong business registration information sent to the national business registration portal. So in this case, is it possible to withdraw application for business registration in Vietnam while submitting it? Let’s find out the answer with Lawyer X through the article below:

Legal grounds

Decree 01/2021/ND-CP
Circular 01/2021/TT-BKHDT

What is a business registration certificate?

Before learning about the cases where the business registration certificate will be revoked, let’s find out with Lawyer X: What is a business registration certificate?

According to the Enterprise Law 2020, the Certificate of Business Registration is a paper document; or an electronic record of information on business registration that the business registration authority grants to an enterprise.

It can be said that the enterprise registration certificate is considered the birth certificate of the enterprise. Legally, the certificate of business registration is a certificate of the State public administrative agency; record some of the most basic information of the business. At the same time, it is the basis for determining the State’s obligation to protect the ownership of enterprise names. However, the law also stipulates that enterprises may have their business registration certificates revoked in some cases.

Why is it necessary to withdraw the business registration dossier while it is being submitted?

The withdrawal of the business registration dossier is the subjective will of the business registrant. In fact, in some of the following cases, the applicant will have to withdraw the application for business registration:

– The application file is submitted with the wrong type of registration (for example, a 1-member limited liability company registered as a 2-member limited liability company)

– Submitting an application to change information about “Bank account”, or “Business line” under the registration type “Notification of changes” was mistakenly selected and submitted the “Change of business registration” type. or other subscription type.

– Declare information that is not registered to change (for example, there is a need to change the percentage of contributed capital of the first member but enter the information into the data block of the second member…

– Wish to withdraw the application for internal reasons of the enterprise.

How to withdraw business registration documents?

Clause 5, Article 32 of Decree 01/2021/ND-CP stipulates:

“5. The person establishing an enterprise or an enterprise may stop carrying out the enterprise registration procedure when the enterprise registration dossier has not been approved on the National Business Registration Information System. In this case, the person competent to sign the written request for enterprise registration shall send a written request to stop carrying out enterprise registration procedures to the Business Registration Office where the application has been submitted. The Business Registration Office considers and issues a notice on the termination of business registration procedures for enterprises and cancels business registration dossiers according to the process on the National Information System on Business Registration within a period of time. within 03 working days from the date of receiving the written request. In case of refusal to stop carrying out enterprise registration procedures, the Business Registration Office shall issue a written notice clearly stating the reason for refusal to the enterprise founder or enterprise.”

Thus, the conditions for withdrawing an enterprise registration dossier once submitted include:

– The registration file is in an unapproved state on the National Business Registration Information System;

– Have a written request to stop carrying out business registration procedures for the enterprise and send it to the Business Registration Office where the application has been submitted.

Procedures for withdrawing application for business registration documents

According to Clause 5, Article 32 of Decree 01/2021/ND-CP, enterprises need to do the following to submit an application:

Prepare profile

Enterprises only need to submit a written request to stop carrying out business registration procedures according to Appendix II-9 of Circular 01/2021/TT-BKHDT.

Where to apply

Enterprises submit dossiers by one of two methods:

– Submit at the One-Stop Department of the Business Registration Office of the Department of Planning and Investment (BUSINESS REGISTRATION Office) of the province/city where the branch is headquartered;

– Submit an online application to withdraw business registration online at the National Business Registration Portal (For Hanoi and Ho Chi Minh City, it is mandatory to submit online).

However, in fact, the Business Registration Office only accepts applications submitted directly at the One-Stop-Shop.

Settlement Time

03 working days from the date of receipt of a complete application.

In case of refusal to stop carrying out business registration procedures, the Business Registration Office will issue a written notice clearly stating the reason for the refusal to the business founder or enterprise.

Settlement fee

Fee free

Thus, the enterprise can completely withdraw the application for business registration if the application has not been approved.

Steps to register a business online

According to Articles 44 and 45 of Decree 01/2021/ND-CP, the order and procedures for online registration are as follows:

Step 1: Declare information and download electronic documents, sign and authenticate the application and pay the prescribed fee

Step 2: Receive and process the application

– The applicant will receive a document receipt;

– If the application file is eligible for enterprise registration, the Business Registration Office shall grant enterprise registration and notify the enterprise of the grant of enterprise registration.

– In case the application is not eligible for business registration, the Business Registration Office shall send a notice via the electronic information network to the enterprise to request the amendment and supplement of the dossier.

Step 3: Get the result

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