Requesting to stop carrying out business registration proceduresis a process for businesses to carry out when they want to stop the registration process or change their intention to do business. This procedure requires businesses to carefully learn about documents and implementation procedures. The article will analyze in detail the cases, application forms, authority, processes and documents necessary to carry out this procedure.
Request to stop carrying out business registration procedures
When are you requested to stop carrying out business registration procedures?
According to Clause 5, Article 32 of Decree 01/2021/ND-CP, the request to stop business registration procedures can only be made when: The business registration dossier has not been approved on the National Registration Information System enterprise and have a written request to stop carrying out the procedure from the person competent to sign the application for enterprise registration.
Application form to stop carrying out business registration procedures
The form requesting to stop business registration procedures complies with form No. 35 of Circular 01/2021/TT-BKHDT in Appendix II-25. This form includes basic information about the business such as name, code, and head office address.
The competent authority decides to stop carrying out business registration procedures
According to Clause 5, Article 32 of Decree 01/2021/ND-CP, the competent authority deciding to stop carrying out business registration procedures is the Business Registration Office where the enterprise has submitted the application.
Procedure for requesting suspension of business registration procedures
Profile components
In case an enterprise authorizes an individual to carry out business registration procedures, the documents will include:
Written request to stop implementing business registration procedures according to form No. 35 according to Circular 01/2021/TT-BKHDT.
Authorization document for an individual to carry out business registration procedures.
Legal documents of authorized individual (copy).
In case an enterprise authorizes a non-public postal service to carry out business registration procedures, the application for stopping business registration will include:
Business registration dossier set.
Written request to stop implementing business registration procedures according to form No. 35 according to Circular 01/2021/TT-BKHDT.
Service contract with service organization performing procedures related to business registration (copy).
Referral letter for the individual directly performing the procedure.
Legal documents of the referred person (copy).
In case an enterprise authorizes a public postal service to carry out business registration procedures, the dossier to stop carrying out business registration procedures will include:
Legal documents of postal staff (copy).
Written request to stop implementing business registration procedures according to form No. 35 according to Circular 01/2021/TT-BKHDT.
Application submission form according to the form of the public postal service enterprise, with confirmation signature of the postal employee and the person authorized to sign the business registration application.
How to submit an application: directly, online and through postal service.
Document processing time: 03 days from receipt of complete and valid documents.
Request to stop business registration
Implementation procedures
According to Clause 5, Article 32 of Decree 01/2021/ND-CP, the process of requesting to stop implementing business registration procedures is carried out as follows:
In case of direct registration:
The person competent to sign the business registration application shall send a written request to stop carrying out business registration procedures to the Business Registration Office where the application was submitted when the business registration application has not been approved above. National information system on business registration;
The Business Registration Office considers and issues a notice on stopping the implementation of business registration procedures for businesses and canceling business registration documents according to the process on the National Business Registration Information System within 03 working days from the date of receipt of the written request.
In case of refusal to stop carrying out business registration procedures, the Business Registration Office shall issue a written notice and clearly state the reason for refusal to the business founder or enterprise.
In case of electronic registration using public digital signature:
The applicant declares information, downloads electronic documents, signs and authenticates the business registration application via the electronic information network and pays business registration fees and charges according to the process on the national information portal. about business registration (https://dangkykinhdoanh.gov.vn).
After completing the submission of the business registration application, the applicant will receive a Receipt of the business registration application via the electronic information network.
In case the application meets the conditions for business registration, the Business Registration Office shall issue business registration and notify the enterprise of the business registration. In case the dossier does not meet the conditions for business registration, the Business Registration Office sends a notice via electronic information network to the enterprise to request amendments and supplements to the dossier.
In case of electronic registration using Business Registration Account:
The applicant uses the Business Registration Account to declare information, download electronic documents and authenticate the business registration application via the electronic information network and pay business registration fees and charges. according to the process on the national business registration portal (https://dangkylanhdoanh.gov.vn).
In case of authorization to carry out business registration procedures via electronic information network using the business registration account, the authorization document must have contact information of the authorizer to authenticate the submission of registration documents. businesses through electronic information networks.
After completing the submission of the registration application, the applicant will receive a receipt of the business registration application via the electronic information network.
The Business Registration Office issues business registration to businesses in case the application is eligible and notifies the business about the issuance of business registration.
In case the dossier does not meet the conditions, the Business Registration Office will send a notice via electronic information network to the enterprise to request amendments and supplements to the dossier.
Enterprises should note that when registering a business by any method, the procedure for stopping the business registration procedure must correspond to that method.
Sequence of implementation procedures
The consulting service requested to stop carrying out business registration procedures
Consulting services requesting to stop carrying out business registration procedures at Long Phan will support businesses in the process of carrying out the procedures. Long Phan’s services include:
Prepare documents to request suspension of business registration procedures.
Receive authorization to submit documents requesting to stop implementing business registration procedures.
Support to supplement documents when requested by competent authorities.
Receive and hand over results to businesses using the service.
Thus, the enterprise’s request to stop carrying out the business registration procedure is a simple but necessary procedure when the enterprise wants to stop doing business or change its business plan. Customers who need assistance with procedures to stop business registration, contact Long Phan via hotline 0906.735.386. Long Phan is committed to providing quality services, helping you complete procedures quickly and according to regulations.
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Dương Thị Kim Ngân
Jurist Ngan Duong Thi Kim - Partner of Long Phan, Ms. Ngan possesses profound knowledge in business consulting, labor, and contracts. With dedication and creativity, Ms. Ngân has achieved significant success in advising and supporting businesses in critical areas such as legal matters, finance, management, and contracts. She is committed to providing optimal solutions and helping clients succeed in the business environment.