Prestigious BUSINESS DISCLOSURE OR TEMPORARY CLOSING service in Ho Chi Minh City
An enterprise has the right to suspend its business but must notify in writing of the time and duration of the suspension or resumption of business to the business registration office at least 15 days before the date of suspension or resumption of business. This provision applies in case the enterprise resumes business before the announced time limit.
During the business suspension period, the enterprise must fully pay the outstanding tax amount; continue to pay debts, complete the performance of contracts signed with customers and employees, unless otherwise agreed by enterprises, creditors, customers and employees.
NOTE DISSOLUTION OR TEMPORARY CLOSING OF BUSINESS ACTIVITIES Applies to companies with foreign capital.
PROCEDURES FOR TEMPORARILY CLOSING BUSINESS ACTIVITIES
1. Documents requesting the suspension of business operations:
For a One Member Company:
↪️ Notice of temporary shutdown
↪️ Owner's decision on suspension
For companies with two or more members, joint-stock companies:
↪️ Notice of temporary shutdown.
↪️ Decision, meeting minutes of the Members' Council on the suspension
NOTE: The composition of the application file applies to Enterprises, Branches, Representative Offices, Business Locations.
In case the enterprise resumes operation before the time limit for temporary suspension of operation, a notice must be sent to the licensing agency 15 days before resumption of operation. The suspension period must not exceed 2 consecutive years.
Time to return results: 03 working days.
ORDER AND PROCEDURES FOR LEVELING ENTERPRISES
Quoting from Article 201 of the Law on Enterprises: Cases and conditions for enterprise dissolution
1. An enterprise is dissolved or suspends its business operations in the following cases:
a) The operation term stated in the company's charter expires without a decision on extension;
b) According to a decision of the business owner, for a private enterprise, of all general partners, for a partnership, of the Members' Council, of the company owner, for a limited liability company, of the General Meeting of Shareholders for joint-stock companies;
c) The company no longer meets the minimum number of members as prescribed by this Law for a period of 06 consecutive months without carrying out procedures for transformation of enterprise type;
d) The certificate of enterprise registration is revoked.
2. An enterprise may only be dissolved when it ensures payment of all debts and other property obligations
And the enterprise is not in the process of settling disputes in court or arbitration. The relevant manager and the enterprise specified at Point d, Clause 1 of this Article are jointly responsible for the debts of the enterprise.
Sequence DISSOLUTION OR TEMPORARY CLOSING OF BUSINESS ACTIVITIES
Quoting Article 202 of the Law on Enterprises: Order and procedures for enterprise dissolution
The dissolution of an enterprise in the cases specified at Points a, b and c, Clause 1, Article 201 of this Law shall comply with the following provisions:
STEP 1: DISCLAIMER NOTICE
1. Approving the decision to dissolve the enterprise. An enterprise dissolution decision must contain the following principal details:
a) Name and address of the head office of the enterprise.
b) Reason for dissolution.
c) Time limit and procedures for contract liquidation and payment of debts of the enterprise; the time limit for debt payment and contract liquidation must not exceed 06 months from the date of approval of the dissolution decision.
d) Plan to handle obligations arising from the labor contract.
e) Full name and signature of the legal representative of the enterprise.
2. The owner of a private enterprise, the Members' Council or the company owner or the Board of Directors shall directly organize the liquidation of the enterprise's assets, unless the company's charter provides for the establishment of a separate liquidation organization. .
3. Within 07 working days from the date of approval, the dissolution decision and meeting minutes must be sent to the business registration authority, tax authority, employees in the enterprise, and posted the dissolution decision. on the National Enterprise Registration Portal and must be publicly listed at the enterprise's head office, branch or representative office.
In case the enterprise still has unpaid financial obligations, it must enclose the decision on dissolution of the debt settlement plan to its creditors and persons with related interests and obligations.
The notice must contain the name and address of the creditor; debt amount, term, place and method of payment of such debt; method and time limit for settling the creditor's complaint.
4. The business registration authority must notify the status of the enterprise undergoing dissolution procedures on the National Enterprise Registration Portal right after receiving the dissolution decision of the enterprise. Enclosed with the notice must be posted the dissolution decision and debt settlement plan (if any).
STEP 2: COMPLETE DEBTS AND OBLIGATIONS BEFORE DISSOLUTION
1. Enterprises' debts are paid in the following order:
a) Debts of salary, severance allowance, social insurance according to the provisions of law and other benefits of employees according to the collective labor agreement and signed labor contract;
b) Tax debt;
c) Other debts.
2. After all debts and business dissolution expenses have been paid off, the remainder shall be distributed to the private enterprise owner, members, shareholders or company owner according to the percentage of ownership of the contributed capital. , share.
STEP 3: COMPLETE WORK DISSOLUTION OR TEMPORARY CLOSING OF BUSINESS ACTIVITIES
1. The enterprise's legal representative shall send a dissolution request to the business registration agency within 05 working days from the date of payment of all debts of the enterprise.
2. After 180 days from the date of receipt of the decision on dissolution according to Clause 3 of this Article, there are no opinions on the dissolution from the enterprise or objections from related parties in writing or within 05 days. working from the day on which the dissolution dossier is received, the business registration authority shall update the legal status of the enterprise on the national enterprise registration database.
NOTE DISSOLUTION OR TEMPORARY CLOSING OF BUSINESS ACTIVITIES
Enterprises can do it in parallel STEP 1 and STEP 2
To determine the exact cost for the DISSOLUTION OR TEMPORARY CLOSING OF BUSINESS ACTIVITIES Please contact us ABA VISA by Hotline 0938165817 for guidance on preparing required documents and accurate quotes.
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TRANSFER OF CAPITAL OR SHARES TO FOREIGN INVESTORS
