The reader has email trungthanhx @ xx asked: My company has been in operation for 3 years. Due to business difficulties, the company plans to suspend business for 1 year. I would like to ask, in order to register a temporary business suspension, what do I need to conduct?

Lawyer Pham Thi Hang, YouMe Law Firm answers:

Article 57 of Decree No. 78/2015 / ND-CP on enterprise registration stipulates the suspension of business, resuming business ahead of the notified deadline for enterprises, branches, representative offices, business locations as follows:

1. When an enterprise carries out procedures for business suspension, a notification of suspension of the branch/representative office/business location shall be sent to Business Registration Office where the branch/representative office/business location is registered.

2. When an enterprise or branch/representative office/business location suspends its operation or resumes its operation ahead of schedule, a notification shall be sent to Business Registration Office where the enterprise or its branch/representative office/business location was registered at least 15 days before the date of suspension or resumption. The suspension period must not exceed one year. If the enterprise or its branch/representative office/business location is still suspended after this period, another notification must be sent to Business Registration Office. The total duration of continuous suspension must not exceed two year.

 3. When an enterprise suspends its operation, the notification must be enclosed with the decision and legitimate copy of the minutes of meeting of the Board of members (if the enterprise is a multi-member limited liability company), the company’s owner (if the enterprise is a singlemember limited liability company), the Board of Directors (if the enterprise is a joint-stock company), or general partners (if the company is a partnership).

 4. The Business Registration Office shall give a receipt to the enterprise after receiving the notification of business suspension or resumption of business operation ahead of schedule. Within 03 working days from the receipt of satisfactory documents, Business Registration Office shall issue certification that the enterprise, branch/representative office/business location has registered the business suspension or early resumption of business operation. Business Registration Office shall send information about business suspension and early resumption of business to tax authorities

The Business Registration Office shall send information about the enterprise registered to suspend business or resume business ahead of the time it has notified the tax agency for coordination in state management of the enterprise.

To register for temporary business suspension, you need to prepare documents and perform the legal procedures cited above.

Legal advice

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This column is done with support from YouMe Law Firm.

According to PHAM HUNG (Labor newspaper)