The original article of Business operating ahead of schedule have announced to suspend business in Viet Nam
Issue: I am the owner of a two-member limited company. My company has suspended operating and doing business since October 2021. I carried out the procedure for notifying the business suspension to the Department of Planning and Investment and my company has been suspended from October 2021 to September 2022. Now I want my company to operate again before the above suspension period expires, do I need to notify the Department of Planning and Investment?
Thank you for your interest and question for Nghiep Thanh Law, here is our answer for your question:
In your case, your company’s business has been suspended but the time limit for business suspension has not expired. If you want your company to resume business operation, you need to carry out the procedures to notify the Business Registration Office where your company is headquartered about resumption of business ahead of schedule[1].
The dossier you need to prepare[2]:
– Minutes of meetings of the Board of Members
– Decision of the Board of Members
– Notice of business resumption ahead of schedule (Form 19, Appendix II of Circular 01/2021/TT-BKHDT)
– Power of attorney (if you do not directly submit the dossier and authorize someone else to submit the dossier)
Procedures[3]:
There are 3 ways to submit a dossier to the Business Registration Office:
– Submitting directly
– Submitting by post
– Submitting online through National Business Registration Information Portal
After submitting the dossier, if the dossier is not valid, you will receive a notice to amend and supplement the dossier. If the application is valid, within 03 working days, you will receive a result as a Certificate of business resumption ahead of schedule
Note: You need to notify the Business Registration Office within 03 days from the date your company resumes business operation.
If you do not follow the notification procedure or notify on time, your company may be fined from VND 10,000,000 to VND 15,000,000[4].
The article you can refer to: Business suspension and business obligations in Viet Nam
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Translator: Le Khanh Linh
Content writer: Le Tien Thanh
Instructor: Nguyen Linh Chi
Admin: Lawyer Thuan
[1] Article 206.1 Law on Enterprise 2020.
[2] Article 66.2 Decree 01/2021/ND-CP.
[3] Article 66.3 Decree 01/2021/ND-CP.
[4] Article 50 Decree 122/2021/ND-CP.
