VI In response to increasing market pressures and constant economic fluctuations, business suspension has become a practical solution adopted by many enterprises to restructure their organizations or overcome difficult periods. However, from 23 July 2026, enterprises implementing this measure will be subject to significant changes in procedural requirements and the corresponding legal obligations. Failure to promptly update or correctly understand these new regulations may not only create operational and administrative difficulties but also expose enterprises to unnecessary legal risks. To help enterprises stay informed and ensure compliance with the latest legal framework, let Pham Consult walk you through the key legal changes that have officially taken effect.
- The total consecutive business suspension period must not exceed 24 months
On 23 July 2026, the Government promulgated Decree No. 296/2026/ND-CP, amending and supplementing a number of provisions of Decree No. 168/2025/ND-CP on enterprise registration. One of the most notable amendments is that, from 23 July 2026, the total consecutive period during which an enterprise may suspend its business must not exceed 24 months.
Specifically, Clause 1, Article 11 of Decree No. 296/2026/ND-CP amends Clause 1, Article 60 of Decree No. 168/2025/ND-CP as follows:
“Where an enterprise, branch or business location suspends its business or resumes business ahead of the notified date, or where a representative office suspends its operation or resumes operations ahead of the notified date, the enterprise shall submit a notification dossier to the provincial-level Business Registration Authority where the enterprise, branch, representative office or business location is headquartered no later than three (03) working days before the intended date of business suspension, suspension of operations, resumption of business or resumption of operations ahead of the notified date. Where an enterprise, branch or business location wishes to continue its business suspension, or a representative office wishes to continue suspending its operations after the expiry of the previously notified suspension period, the enterprise shall submit a notification dossier to the provincial-level Business Registration Authority no later than three (03) working days before the commencement of the subsequent suspension period. The duration of each notified suspension period shall not exceed twelve (12) months. The total consecutive business suspension period shall not exceed twenty-four (24) months.”
Accordingly, where an enterprise, branch, or business location wishes to continue its business suspension after the expiry of the previously notified period, it must submit a notification dossier to the provincial-level Business Registration Authority no later than three (03) working days before the commencement of the subsequent suspension period. Specifically:
– The duration of each notified suspension period must not exceed twelve (12) months; and
– The total consecutive business suspension period must not exceed twenty-four (24) months.
Accordingly, from 23 July 2026, each notification of business suspension or suspension of operations may be effective for a maximum period of twelve (12) months, while the total consecutive business suspension period may not exceed twenty-four (24) months. Under the previous regulations set out in Clause 1, Article 60 of Decree No. 168/2025/ND-CP, only the duration of each notified suspension period was limited to twelve (12) months, whereas no restriction was imposed on the total consecutive period during which an enterprise could remain under business suspension.
In addition, Clause 1, Article 21 of Decree No. 296/2026/ND-CP provides transitional provisions regarding the new 24-month limitation for enterprises that had notified their business suspension before 23 July 2026, as follows:
– Where the total consecutive business suspension period up to the expiry of the most recently notified suspension period has not exceeded twenty-four (24) months, the enterprise may continue to register for a further suspension, provided that the total consecutive business suspension period, including the period registered before 23 July 2026, does not exceed twenty-four (24) months.
– Where the total consecutive business suspension period up to the expiry of the most recently notified suspension period has already exceeded twenty-four (24) months, the enterprise shall not be permitted to register for any further business suspension after the expiry of its most recently notified suspension period.
- New regulations on business suspension
In addition to introducing the limitation that the total consecutive business suspension period must not exceed twenty-four (24) months, Article 11 of Decree No. 296/2026/ND-CP also supplements new provisions following Clause 6, Article 60 of Decree No. 168/2025/ND-CP, as follows:
– Pursuant to the newly added Clause 7 of Article 60 of Decree No. 168/2025/ND-CP, during a business suspension period, where any change arises in the enterprise registration information as prescribed under Articles 30 and 31 of the 2020 Law on Enterprises (as amended and supplemented by Law No. 76/2025/QH15) and Decree No. 168/2025/ND-CP, the enterprise remains obliged to carry out the procedures for registration of changes or notification of changes to its enterprise registration information in accordance with the applicable regulations.
– Pursuant to the newly added Clause 8 of Article 60 of Decree No. 168/2025/ND-CP, within five (05) working days from the expiry of the notified business suspension period, the legal representative of the enterprise must confirm that the enterprise has resumed business and undertake that it has fully complied with all enterprise registration obligations before the provincial-level Business Registration Authority through the procedures prescribed on the National Enterprise Registration Information System.
+ Where the enterprise fails to provide such confirmation within the prescribed time limit, the provincial-level Business Registration Authority shall, within ten (10) working days after the expiry of the confirmation period, issue a written request requiring the enterprise to submit a report in accordance with Point c, Clause 1, Article 216 of the Law on Enterprises, while simultaneously notifying the tax authority for coordination in state management.
+ Where the enterprise fails to submit the required report to the provincial-level Business Registration Authority within six (06) months from the expiry of the reporting deadline, the provincial-level Business Registration Authority shall revoke the Enterprise Registration Certificate. The enterprise must subsequently carry out dissolution procedures.
In addition to the above amendments, Decree No. 296/2026/ND-CP also requires that every notification of business suspension or suspension of operations must include the telephone number and email address of the enterprise’s legal representative.
