Service Name: Business suspension notice
SERVICE CODE: 2.002029.000.00.00.H10
APPLY
a) Order of implementation:
* In case of direct registration:
- Step 1: The founder of the enterprise or the person authorized to carry out business registration procedures shall submit an enterprise registration dossier to the Receiving Department of the Department of Planning and Investment at the Provincial Public Service Center . Address 727, QL14, Tan Binh Ward, Dong Xoai City, Binh Phuoc Province and pay the enterprise registration fee at the Provincial Public Service Center or via the public postal service.
- Step 2 (Maximum time of 1.8 working days):
+ In case of receiving a complete and valid file, Business Registration Office organizes the appraisal and issues the certificate of enterprise registration.
+ If refusing to grant an enterprise registration certificate, the Business Registration Office will notify the enterprise founder in writing.
- Step 3 (Maximum time of 0.2 working days): The Business Registration Office shall transfer the results to the Department of Results of the Public Administration Service Center of the province to return results to organizations and individuals.
* For online electronic registration using public digital signatures:
- Legal representative declares information, downloads electronic documents and digitally signs them into electronic registration documents according to the procedure on National Business Registration Portal (Address: https: // dangkyquamang .dkkd.gov.vn).
- After completing the submission of registration documents, the legal representative will receive a receipt of enterprise registration documents online.
- In case the application is not valid, the Business Registration Office sends an electronic notification to the enterprise to request the modification and supplement of the application.
- In case the application is eligible for the Certificate of enterprise registration, the Business Registration Office shall send the information to the tax authority to automatically generate the enterprise ID. After receiving the business identification number from the tax authority, the Business Registration Office issues the enterprise registration certificate and notifies the enterprise about the issuance of the enterprise registration certificate.
* In case of online registration using business registration account:
- The legal representative declares information and downloads electronic documents of the personal identification papers at the National Business Registration Portal to be granted a business registration account. Address: https://dangkyquamang.dkkd.gov.vn
- The legal representative uses the business registration account to declare information, download electronic documents and verify the online enterprise registration application according to the procedure on the National Portal for posting. Business registration (https://dangkykinhdoanh.gov.vn).
- After completing the submission of the application for registration, the founder of the enterprise will receive a receipt of enterprise registration document online.
- Business Registration Office is responsible for reviewing and sending an online notification to the enterprise to request amendments and supplements to the file in case the application is not valid. When the application has met the conditions for issuance of the Business Registration Certificate, the Business Registration Office shall send the information to the tax authority to generate the enterprise ID. After receiving the business identification number from the tax authority, the Business Registration Office shall notify the enterprise via electronic of the enterprise registration certificate.
- After receiving the notice of issuance of the enterprise registration certificate, the legal representative shall submit a set of business registration dossiers using a paper copy enclosed with the receipt of the enterprise registration dossier online. to the Provincial Public Service Center. The legal representative may submit an application for enterprise registration directly by paper and receipt of enterprise registration application via electronic network at the Provincial Public Service Center or submit by post.
- After receiving the paper-based dossier, the Business Registration Office shall compare the item headings with the headings of the enterprise dossiers sent online and hand the enterprise registration certificate to the enterprise if the content unified comparison.
- If past the 30-day time limit from the date of sending the notice of the grant of an enterprise registration certificate, the business registration office does not receive a paper dossier, the enterprise's electronic registration dossier is no longer available. validity.
- The legal representative is responsible for the completeness and accuracy of the paper submission compared to the online application. In case the dossier submitted in paper is not accurate compared to the dossier submitted via electronic network but the applicant did not notify the Business Registration Office at the time of submitting the paper dossier, it shall be considered as fake documents and will be handled according to the provisions of Clause 1, Article 63 of Decree No. 78/2015 / ND-CP.
b) Method of implementation:
The enterprise founder or authorized representative submits an application directly or submits an online application for enterprise registration according to the process on the National Business Registration Portal (https: // dangkykinhdoanh). gov.vn).
c) Composition, number of records:
* Profile components:
- Notice of business suspension / resumption before the announced period of business / branch / representative office / business location Decision and valid copy of meeting minutes of City Council members of the limited liability company with two or more members, of the company's owner with respect to the one member limited liability company, of the Board of Directors, for joint stock companies, of general members list for partnerships;
- For enterprises granted investment licenses, investment certificates or papers of equivalent legal validity, apart from the above papers, enterprises must enclose: A valid copy of the investment certificate; Valid copy of tax registration certificate; Written request for supplementing and updating information about registered business registration in Appendix II-18 Circular No. 02/2019 / TT-BKHDT.
- Number of files: 01 set.
d) Time limit for settlement:
- The enterprise shall send a notice to the Center for Public Administration of the province where it has registered at least 15 days before suspending business.
- In case of online registration: If past the 30-day time limit from the date of sending a notice of the grant of an enterprise registration certificate, the business registration office does not receive a paper dossier, the dossier shall apply. Electronic registration of enterprises is no longer valid.
- Within 02 (two) working days from the date of receipt of complete and valid file.
e) Subjects of administrative procedures: Organizations and individuals.
f) Agencies handling administrative procedures: Agencies competent to decide on administrative procedures: Business Registration Office - Department of Planning and Investment.
g) Results of administrative procedures: Certificate of business registration of temporary suspension of business (Appendix V-9, Circular No. 02/2019 / TT-BKHDT) / Certification of branch operation / the representative office / business location suspends operation registration (Appendix V-10, Circular No. 02/2019 / TT-BKHDT)
h) Fees: Exemption of fees (Circular No. 215/2016 / TT-BTC).
i) Name of the application form and declaration:
- Notice of business suspension / resumption before the announced deadline of the enterprise / branch / representative office / business location (Appendix II-21, Circular No. 02/2019 / TT-BKHDT).
- Additional, updated information on business registration information for enterprises operating under the Investment License, Investment Certificate (Appendix II-18 of Circular No. 02/2019 / TT-BKHDT).
k) Performance requirements
Submit a notification to the business registration agency no later than 15 days prior to the suspension of business.
l) Legal grounds:
- Enterprise Law No. 68/2014 / QH13 dated November 26, 2014;
- Decree No. 78/2015 / ND-CP dated September 14, 2015 of the Government on enterprise registration; Decree No. 108/2018 / ND-CP dated August 23, 2018 amending and supplementing a number of articles of Decree No. 78/2015 / ND-CP; Decree No. 96/2015 / ND-CP dated October 19, 2015 of the Government detailing a number of articles of the Enterprise Law;
- Circular No. 20/2015 / TT-BKHDT dated December 1, 2015 of the Ministry of Planning and Investment guiding enterprise registration; Circular No. 02/2019 / TT-BKHDT dated January 8, 2019 of the Ministry of Planning and Investment amending and supplementing a number of articles of Circular No. 20/2015 / TT-BKHDT dated December 1, 2015 of the Ministry Planing and Investment; Circular No. 215/2016 / TT-BTC dated 10 November 2016 regulating the rates, collection, remittance, management and use of charges for provision of enterprise information and enterprise registration fees; - Circular No. 130/2017 / TT-BTC dated 04/12/2017 amending and supplementing a number of articles of Circular No. 215/2016 / TT-BTC.