VI In the process of running a business, decisions related to suspending or continuing business operations are one of the important issues that business owners have to face. Suspension of business is the way many businesses choose to temporarily overcome difficult periods of the market. During the period of suspension of business, for many different reasons, businesses can resume operations before the announced suspension period. However, to ensure compliance with regulations and avoid legal risks, businesses need to clearly understand the necessary procedures and requirements when deciding to resume business before the suspension period.
1. Provisions of the Enterprise Law on Enterprises Resuming Business Before the Announced Suspension Period
According to Article 206 of the Enterprise Law 2020, enterprises have the right to register for temporary suspension of business and must notify in writing the temporary suspension of business to the Business Registration Office where the enterprise is headquartered. The temporary suspension period of each notification shall not exceed one year. However, enterprises have the right to resume business before the announced suspension period. In this case, enterprises must carry out the procedure of notifying the Business Registration Office of the resumption of business before the deadline at least 03 working days before the date of resumption of business.
2. Documents for notification of business resumption before the announced suspension period
Documents for notification of business resumption before the announced suspension period include the following types of documents:
(i) Notice of business resumption before the announced period according to Appendix II-19 issued with Circular No. 01/2021/TT-BKHĐT on guidance on business registration;
(ii) Authorization letter for the person submitting the application and receiving the results if the legal representative is not the one submitting the application;
(iii) Copy of legal documents of the individual for the person authorized to carry out the procedure (if any). According to the provisions of Article 11 of Decree No. 01/2021/ND-CP, legal documents of individuals are one of the following documents:
– For Vietnamese citizens: Citizen identification card or Identity card or valid Vietnamese passport.
– For foreigners: Foreign passport or valid document in lieu of foreign passport.
3. Procedures for notification of business resumption before the announced suspension period
The enterprise prepares 01 set of documents and submits the documents to the Business Registration Office where the enterprise is headquartered at least 03 working days before the date of business resumption before the announced deadline.
After receiving the business registration documents, the Business Registration Office shall issue a Receipt, check the validity of the documents and issue a certificate of registration of business resumption before the announced deadline within 03 working days from the date of receipt of valid documents.
Note: The enterprise may request to register for business resumption before the announced deadline at the same time as registering for business resumption before the announced deadline for the branch, representative office, and business location of the enterprise. The Business Registration Office updates the legal status of the enterprise at the same time as the status of the branch, representative office, and business location in the National Database on Business Registration (Clause 5, Article 66, Decree No. 01/2021/ND-CP).
