Hence the provision of 2020 Enterprise Law; the competent state agencies are responsible to revocate the Certificate of Business Registration in some specific cases. In order to understand this issue, LSX will give you more information in this article.
Legal grounds
- 2020 Enterprise Law
- Decree 01/2021/ND-CP
Cases of revocation of business registration certificates
Accordingly, enterprises will be revocated the business registration certificates in the following cases:
- The contents declared in the enterprise registration dossier are forged
- Enterprises established by persons banned from establishing enterprises
- The enterprise ceases its business operation for 1 year without notifying the business registration authority and the tax authority
- The enterprise fails to send the require report to the business registration agency within 06 months from the deadline for sending the report or makes a written request
- Other cases according to court decisions or requests of competent agencies
Procedures for revocation of business registration certificates
In case the contents declared in the enterprise registration dossier are forged
On this condition, the Business Registration Office shall issue a notice of the violation by the enterprise and concurrently issue a decision to revoke the Certificate of Business Registration; following the regulations of Decree 01/2021/ND-CP.
Besides, if the dossier for registration of changes, the notice of change of in business registration content is falsified, the Business Registration Office shall issue a notice of violations of the enterprise and a decision to cancel the changes in the business registration contents; which based on the forged information. They also have the right to request the enterprises to re-do the dossier; while enterprises can combine legal changes of subsequent registrations and changes notices in a set of documents to receive a new registration of changes.
In case enterprises established by persons banned from establishing enterprises
Firstly, for a private enterprise, a single-member limited liability company; the Business Registration Office where the enterprise has registered shall issue a notice of violation and issue a decision on revoking the Certificate Business Registration.
Secondly, for other forms of companies; the Business Office shall issue a written notice requesting the enterprise to change its members or shareholders who are unable to establish an enterprise within 30 days from the date of notification.
In case the enterprise ceases its business operation for 1 year without notifying the competent agencies
In this event, the Business Registration Office shall notify in writing the violation and request the legal representative of the enterprise to come to the office for explanation. Then, after 10 working days from the end of the appointment period in the notice; unless the competent agencies approve the explaination, they shall issue a decision to revoke the Certificate of Business Registration.
In case the enterprise fails to send the require report to the business registration agency
For this case, after 6 months from the deadline; the Business Registration Office have 10 days to send a written notice of the violation and request the legal representative of the enterprise to come to the office for explanation.
Thereupon 10 working days form the end of the notice; unless the competent agencies approve the explaination, they shall issue a decision to revoke the Certificate of Business Registration.
Other cases according to court decisions or requests of competent agencies
Firstly, if the court decides to revoke the Certificate of Business Registration; the Business Registration Office shall issue a decision to revoke the Certificate of Business Registration following the Court’s decision within 3 working days from the date they receive the decision.
Secondly, if the revoke decision comes from other state agencies; the Revocation of Certificate of Business Registration procedure will be similar to that when the enterprise ceases its business operation for 1 year without notifying the competent agencies.
Hope that the article could help you solve your problem. In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.
Accordingly, an enterprise registration certificate is a paper or electronic document that records information on business registration that the business registration agency issues to an enterprise.
The applicant must pay VND 100,000 in order to register directly; or free if they apply virtually.
Conclusion: So the above is Revocation of Business Registration Certificate under Vietnamese Law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
