Termination of branches and representative offices and business locations in Vietnam
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Legal grounds
Law on enterprise 2020
Decree No. 01/2021/ND-CP
Register for dissolution of an enterprise in case of revocation of the enterprise registration certificate or under a court decision
So within 01 working day from the day on which the decision to revoke the Certificate of Business Registration is issued or the court’s decision is legally effective; the Business Registration Office shall post the decision and notify the applicant. Report the status of the enterprise undergoing dissolution procedures on the National Enterprise Registration Portal; change the status of the enterprise in the National Business Registration Database to the status of undergoing dissolution procedures; and send information on the dissolution of the enterprise to the tax authority; unless the enterprise has its enterprise registration certificate revoked to take coercive measures at the request of the tax administration agency.
Then within 05 working days from the date of payment of all debts of the enterprise; the legal representative of the enterprise shall send the application for registration of dissolution of the enterprise to the Business Registration Office where the enterprise is located. headquarters. Dossier; then order and procedures for registration of enterprise dissolution shall comply with the provisions of Clauses 3, 4 and 5, Article 70 of this Decree.
So after 180 days from the date the Business Registration Office announces the status of the enterprise undergoing dissolution procedures on the National Business Registration Portal; then the Business Registration Office has not received the registration documents. After signing the dissolution of the enterprise and the related parties’ objections in writing; the Business Registration Office changes the legal status of the enterprise in the National Business Registration Database to the dissolved state. If possible; send information on the dissolution of the enterprise to the tax authority; and at the same time issue a notice on the dissolution of the enterprise within 03 working days from the date of expiration of the above-mentioned time limit.
Termination of branches, representative offices and business locations
- Before announcing the termination of operation of a branch, representative office or business location; an enterprise, branch or representative office must register with the tax authority to fulfill its tax payment obligation as prescribed. of tax law.
- So, within 10 days from the date of decision to terminate the operation of a branch; then representative office; or business location, the enterprise shall send a Notice of termination of operation of the branch; representative office or location. business to the Business Registration Office where the branch, representative office or business location is located.
In case of termination of operation of a branch or representative office, the notice must be enclosed with a resolution; decision and a copy of the meeting minutes of the Members’ Council; for limited liability companies with two or more members. partnerships, of the Board of Directors, for joint-stock companies; resolution, decision of the company owner; for a one-member limited liability company, on the termination of the branch or representative office operation.
- So after receiving the application for termination of operation of the branch; representative office; or business location, the Business Registration Office shall send information about the termination of the branch; then representative office or business location. for the Tax Authority. Within 02 working days from the date of receipt of information from the Business Registration Office; the tax authority shall send comments on the fulfillment of the tax payment obligation of the branch, representative office; or business location to the Business Registration Office. Business Registration.
In addition
So within 05 working days from the date of receipt of the application for termination of operation of the branch; representative office or business location, the Business Registration Office shall terminate the operation of the branch; representative office, or representative office. If the business location is not in the National Database of Business Registration; if it does not receive a refusal from the Tax Authority; and at the same time issue a notice of the termination of the branch, representative office, or location. business.
- So, the termination of operation of a branch or representative office of an enterprise in a foreign country shall comply with the laws of that country. Then within 30 days from the date of official termination of operation of the branch; or representative office in a foreign country; so the enterprise shall send a written notice of the termination of operation of the branch or representative office in the foreign country; then from abroad to the Business Registration Office where the enterprise’s head office is located. The Business Registration Office updates the enterprise’s information in the National Business Registration Database within 03 working days from the date of receipt of the notice.
You can also refer to the article related to Procedures of dissolution of state enterprises in Vietnam.
Related articles:
State management of enterprise registration in Vietnam
Summary of all cases of land expropriation by the State in Vietnam
Related questions
According to the provisions of Article 188 of the Enterprise Law 2020: Each individual can only establish one private enterprise. Therefore, the case where an individual establishes many private enterprises in different areas is a violation, not in accordance with the provisions of law.
– Considering the factors to ensure an organization is a legal entity, we compare:
– In terms of the condition “established in accordance with the law”
– In terms of organizational structure conditions
– Finally, in terms of the independence of the property and the responsibility to perform the obligations
An application for enterprise registration includes the following principal details:
Company’s name;
Address of the head office of the enterprise, phone number; fax number, email (if any);
Business;
Authorized capital;
Tax registration information;
Expected number of employees;
Full name, signature, contact address, nationality, legal document information of the individual, for the owner of a private business and a general partner of a partnership;
Full name, signature, contact address, nationality, information on legal papers of the individual for the legal representative of a limited liability company or a joint stock company.
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