Question:
Our company suspended its operations from September 1, 2019, to August 31, 2020. Now, we want to continue the suspension for an additional year (from September 1, 2020, to August 31, 2021). What are the required procedures and documents? I would appreciate your guidance on this matter.
Answer:
– Pursuant to the stipulations outlined in Article 206 of the Law on Enterprises 2020 and Article 66 of Decree No. 01/2021/NĐ-CP issued on January 4, 2021, by the Government regarding enterprise registration:
– In instances where an enterprise, branch, representative office, or business location elects to temporarily suspend or resume business operations within the predetermined notification period, the entity is required to furnish a notification to the Business Registration Office situated at its registered address at least three working days ahead of the initiation of the temporary suspension or the recommencement of business activities within the stipulated timeframe. Should an enterprise, branch, representative office, or business location desire to prolong the temporary suspension of business after the designated notification period has elapsed, it must communicate this intent to the Business Registration Office at least three working days prior to the intended commencement of the extended temporary suspension. Each temporary suspension period shall not surpass one year.
– The prescribed procedure and documentation for filing an application for the temporary suspension of business are performed in compliance with the provisions delineated within Article 206 of the Law on Enterprises 2020 and Article 66 of Decree No. 01/2021/NĐ-CP dated January 4, 2021. The mandatory dossier comprises the following:
1. Notification of the temporary suspension of business activities (Form II-21 – Circular 02/2019/TT-BKHĐT).
2. Decision rendered by the proprietor in the case of a Single-Member Limited Liability Company; Minutes of the Meeting and Decision taken by the Board of Members for a Multi-Member Limited Liability Company; Minutes of the Meeting and Decision made by the Board of Directors for a Joint-Stock Company.
3. Should the applicant not assume the role of the legal representative, a valid power of attorney must be appended to the application on behalf of the applicant, accompanied by an authenticated copy of the identification card/citizen identification card/passport of the individual lodging the application.
– For additional guidance on the temporary suspension of business, businesses can review the procedures and sample forms accessible via the website maintained by the Authority of Planning and Investment: www.dangkykinhdoanh.gov.vn/news/latest news/Forms for reference on business registration in accordance with the specifications established within the Law on Enterprises No. 59/2020/QH14. Alternatively, businesses possess the option of availing themselves of the online business registration service available through the same website to secure assistance in this matter.
– Subsequent to the compilation of the requisite dossier, businesses are advised to undertake the submission process electronically by accessing www.dangkykinhdoanh.gov.vn/public services/online business registration/login to the system/business registration/online submission method/Temporary Suspension of Activities and executing the electronic submission procedure.
– Notably, should a business lack an existing account for accessing the National Business Registration Portal, the establishment is encouraged to create a designated account before proceeding with the online registration process.
