In the context that the world and domestic economies affected heavily by the Covid-19 pandemic, many businesses choose to suspend their business. Regulations on business suspension have changed a lot after the Enterprise Law 2020 took effect. Besides, the development of electronic portal allows enterprises to carry out registration procedures for business suspension online quickly. So, to have a better understanding of this problem, please follow this article of LSX legal firm: “Submit dossiers for business suspension online in Vietnam”
Legal grounds
- Law on Enterprise 2020
- Decree 01/2021/ND-CP
How to submit dossiers for business suspension online?
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. The enterprise shall send a notice to the Business Registration Office where the enterprise has registered its business activities at least 03 working days before the date of business suspension.
Step 3: Receive the result
Within 03 working days after receiving the complete and valid application for suspension. The Business Registration Office will return the results to the business.
Instruction to submit dossiers for business suspension online
Step 1: Determine the type of business and prepare the corresponding business suspension dossiers.
To register for business suspension whether in person or online; First of all, you have to determine the type of business of the company that wants to suspend operations. According to the Law on Enterprise 2020, the business types include Sole proprietorship; Limited Liability Company, Partnership Company, and Joint-Stock Company.
Due to the characteristics of the structure and organization of each type of enterprise differ; Therefore, the business suspension application of each enterprise has certain differences. So, you have to prepare an appropriate set of dossiers in accordance with the law.
Step 2: Drafting business suspension dossiers
Due to the difference in the type of business, the composition of the online business suspension application of each type of company has slightly different, specifically:
Dossier of a Sole Proprietorship
- Firstly, notice of business suspension;
- Secondly, power of attorney for individuals to carry out the procedures (if enterprises cannot do it themselves);
- Thirdly, copy of the company’s business registration certificate (if any).
Dossier of a Multi-member Limited Liability Company
- Firstly, notice of business suspension;
- Secondly, decision of the Board of Members on business suspension;
- Thirdly, a copy of the meeting minutes of the Board of Members on business suspension;
- Fourthly, power of attorney for individuals to carry out the procedures (if enterprises cannot do it themselves);
- Lastly, copy of the company’s business registration certificate (if any).
Dossier of a Single-member Limited Liability Company
- Firstly, notice of business suspension;
- Secondly, decision of the business owner on business suspension;
- Thirdly, power of attorney for individuals to carry out the procedures (if enterprises cannot do it themselves);
- Fourthly, copy of the company’s business registration certificate (if any).
Dossier of a Partnership
- Firstly, notice of business suspension;
- Secondly, decision of the Board of Members on business suspension;
- Thirdly, a copy of the meeting minutes of the Board of Members on business suspension;
- Fourthly, power of attorney for individuals to carry out the procedures (if enterprises cannot do it themselves);
- Lastly, copy of the company’s business registration certificate (if any).
Dossier of a Joint-stock company
- Firstly, notice of business suspension;
- Secondly, decision of the Board of Directors on business suspension;
- Thirdly, a copy of the meeting minutes of the Board of Directors on business suspension;
- Fourthly, power of attorney for individuals to carry out the procedures (if enterprises cannot do it themselves);
- Lastly, copy of the company’s business registration certificate.
Step 3: Submit the dossiers online
To apply online, enterprises can access the National Portal on business registration: https://dangkykinhdoanh.gov.vn; (Note: Businesses must have a registered business account to log in)
Click on “Public service” > “Online business registration > Account login
After logging in, enter your Business Code.
Select the “Suspend” section. Enter information into the “Data block” and upload the corresponding scanned file into the “Attached documents” section. Check the information one last time and click submit.
Deadline for application submission: At least 03 working days before the date of business suspension. The enterprise sends a notice to the Business Registration Office where the enterprise has registered its business activities.
Step 4: receive the result
After receiving the notice of business suspension; Within 03 working days after receiving complete dossiers; The Business Registration Office will send a receipt to the enterprise;
Dossiers valid: Received a certificate of business suspension.
Dossiers invalid: The business registration office sends a notice requesting amendment and supplementation (return to step 2 and step 3).
When the application valid, the enterprise prints the application receipt and goes to the Business Registration Office to get the results; or the business can authorize the Post Office to deliver the results at home.
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.
Related articles
Does suspended business have to pay license tax in Vietnam?
Does business suspension require to notify the tax authority in Vietnam?
Procedures for business suspension of a limited company in Vietnam
Related questions
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.
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.
Enterprises must reach an agreement with employees on the rights, jobs (such as paying wages while waiting for business re-opening), suspending contract performance because of the company’s business suspension, etc.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Submit dossiers for business suspension online in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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