PROCEDURES FOR SUSPENSION OF COMPANY OPERATION
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Legal basis:
- Article 156 Law on Enterprises 2005
- Article 57 Decree No. 43/2010/ND-CP of the Government amended by Decree No. 05/2013/ND-CP of the Government amending and supplementing a number of provisions on administrative procedures of the Decree No. 43/2010/ND-CP dated April 15, 2010, of the Government on business registration.
Implementation steps:
Step 1: (Submit at 1 Tax CC department)
- Submit a written request for confirmation of no tax debt.
- After 5 working days, go to the Debt enforcement team to get results.
- When there is a written confirmation of no debt, continue to step 2.
Step 2: (Submit at Department of Planning and Investment, Address: House B10A, Nam Trung Yen, Cau Giay, Hanoi).
- Prepare 3 sets of documents including:
- Dispatch for the temporary suspension.
- Minutes of members' council meeting (shareholder).
- Decision to suspend.
- Business license (photocopy).
- Official letter confirming no debt.
- When there is a certificate of receipt of the suspension dossier of the Department of Planning and Investment, the next step is Step 3.
Step 3: (Returning at the 1-tax CC department)
Filed at the Tax Department 02 sets of the remaining documents with a certificate of receipt of the suspension documents of the Department of Planning and Investment.
Note:
- Enterprises are only allowed to suspend for a maximum of 2 times, each suspension is 12 months. After the expiry of the suspension period, the enterprise must resume its operation, or if it does not work, it must be dissolved, transferred ...
- During the period of suspension of business activities, enterprises may not sign contracts, must not issue invoices or any other transactions.
- During the temporary suspension of operation, the enterprise does not have to pay a license tax and other taxes ...