Question
My company is a 100% FDI company in Da Nang, Vietnam and is considering to dissolve, terminate business. Can you provide legal advice, services on shutdown of an enterprise in Da Nang, Vietnam ? What are information and documents needed ? How much is the service cost ?
Answer
Dissolving a 100% FDI company in Da Nang, Vietnam ?
Registering enterprise’s dissolution:
First, before initiating procedures for registering an enterprise’s dissolution, the enterprise must complete the procedures for shutdown of its branches, representative offices, and business locations (if any) at the Business Registration Offices of the provinces where the branches, representative offices, and business locations are situated.
Next, within 07 working days from the day on which the decision on dissolution is ratified according to Clause 1 Article 202 of the Law on Enterprises 2014, the enterprise shall send a notification on dissolution to Business Registration Office. The notification must be enclosed with the decision on enterprise’s dissolution of the company’s owner.
After receiving the dissolution documents mentioned in Clause 1 Article 204 of the Law on Enterprises, the Business Registration Office shall send information about the dissolved enterprise to the tax authority. Within 02 working days from receipt of information from Business Registration Office, the tax authority shall offer its opinions about the dissolution to Business Registration Office.
Within 05 working days from the receipt of dissolution documents, Business Registration Office shall change the enterprise’s status on National Enterprise Registration Database to “dissolved” if the tax authority has no objection and issue a notification of the enterprise’s dissolution.
If the enterprise uses a seal issued by a police authority, the seal and the certificate of seal registration shall be returned to the police authority in order to be issued with a certificate of seal withdrawal. In this case, the seal and certificate of seal registration in the dissolution documents mentioned in Point c Clause 1 Article 204 of the Law on Enterprises shall be replaced with the certificate of seal withdrawal.
Legal bases:
Articles 201, 202 and 204 Law on Enterprises No. 68/2014/QH13 dated November 26, 2014;
Article 59 Decree No. 78/2015/NĐ-CP dated September 14, 2015;
Annex II-24 Clause 3 Article 8 Circular No. 20/2015/TT-BKHĐT dated December 01, 2015.
For more details about DMS Law firm’s services, information needed, quotation for procedures of enterprise’s dissolution, please contact us./.
Contact us:
Phone: 0914 165 703
Email: dmslawfirm@gmail.com
DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son
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