Procedures for notification of re-operation before the deadline for a joint stock company

Procedures for notification of re-operation before the deadline for a joint stock company is the legal process that businesses need to carry out when they want to continue business operations before the end of the registered suspension period. The following article details the process of notification of re-operation before the deadline for joint stock companies. Please follow!

Time limit for temporary suspension of joint stock company business

According to Clause 1, Article 66 of Decree 01/2021/ND-CP of the Government issued on January 4, 2021, regulations on the deadline for registration of temporary business suspension of enterprises are as follows: “The business suspension period of each notice of registration of business suspension of an enterprise must not exceed one year.” This regulation applies to all types of businesses, including joint stock companies.

It can be seen that the current law has no regulations on the number of times an enterprise can register to temporarily suspend business. However, businesses are limited in the duration of business suspension.

Thus, a joint stock company is not limited in the number of times it can register to suspend business, but the duration of a joint stock company’s temporary suspension of business must not exceed 01 year in each notification of temporary business suspension.

>>>See more: Instructions on business suspension procedures for businesses.

Procedures for notification of re-operation before the deadline for a joint stock company

When a joint stock company carries out the procedure to notify of re-operation before the deadline, it is necessary to comply with the process, including steps to prepare documents and follow-up steps with competent authorities. Specifically as follows:

File

According to Article 66 of Decree 01/2021/ND-CP of the Government issued on January 4, 2021, businesses need to prepare 01 set of documents when they want to resume operations before the deadline. The dossier of notification of re-operation before the deadline of a joint stock company includes the following documents:

1. Sample notice of continued business ahead of schedule for a joint stock company according to form Appendix II-19 issued with Circular 01/2021/TT-BKHDT of the Minister of Planning and Investment dated March 16, 2021.
2. For companies operating under an Investment License, Investment Certificate or documents of equivalent legal value, the following documents must be submitted:

• Valid copy of Investment Certificate;
• Valid copy of the company’s Tax Registration Certificate;
• Application for supplementing and updating business registration information (form Appendix II-14 issued with Circular 01/2021/TT-BKHDT of the Minister of Planning and Investment issued on March 16, 2021).

3. If the applicant is an authorized person, the following documents must be submitted:

• Authorization document from the joint stock company to perform the work;
• One of the following valid personal identification documents: Citizen Identification Card or valid Passport.

You need to fully prepare the above documents and records so that the process of notification of re-operation before the deadline can take place smoothly and quickly.

>>>CLICK DOWNLOAD NOW: FORM OF NOTICE OF CONTINUING BUSINESS AHEAD OF THE 2025 JOINT STOCK COMPANY DEADLINE

Procedure

According to Article 66 of Decree 01/2021/ND-CP of the Government issued on January 4, 2021, the process of implementing procedures for notification of re-operation before the deadline for a joint stock company includes the following steps:

Step 1: Submit application. Joint stock companies can choose one of three registration methods mentioned in Clause 1, Article 26 of the Law on Enterprise 2020 below:

• Register directly at the business registration agency with authority to manage the company;
• Register via postal service;
• Register online through the National Business Registration Portal and receive a Receipt of online application processing.

Step 2: Receive and process documents

The company’s records will be transferred to the Business Registration Office (Business Registration Office) to receive and process. Within 03 working days from the date of receiving the dossier, the Business Registration Office completes the resolution and returns the results if the dossier is valid.

In case the application is not valid, the Business Registration Authority must notify the applicant in writing of the content that needs to be amended or supplemented.

Step 3: Get results

If the application is valid, the company will receive a confirmation of the enterprise’s registration to continue doing business before the deadline.

In case the dossier is not valid, the business registration agency will issue a Notice of amendment and supplementation.

The company can receive the results of processing the application through one of the following methods:

• Receive results at the One-Stop Department – Business Registration Office;
• Receive results through the postal service.

Currently, in some large provinces/cities such as Ho Chi Minh, Hanoi, Da Nang, Binh Duong, the Business Registration Office only accepts online applications. The results will be sent to the address of the person performing the registration procedure by post.

Above is the entire process of announcing the resumption of operations before the deadline of the joint stock company.

>>>See more: Procedures for merging joint stock companies: Complete and detailed instructions.

Some notes after resuming operations before the joint stock company deadline

When intending to reopen the company before the registration deadline, businesses need to note the following:

• If an enterprise resumes operations after the end of the announced suspension period, it is not necessary to carry out the procedures for notification of resumption of business ahead of time. At the end of the suspension period, the enterprise will automatically re-operate if it does not carry out the procedures for further suspension of business;
• When announcing the return of operations ahead of time, businesses can choose to announce the return of operations to all or some dependent units of their branches/representative offices/business locations. In case of notification to a number of dependent units, the remaining dependent units that later want to resume operations must carry out separate procedures for that dependent unit;
• In case an enterprise wants to register to resume operations before the temporary suspension period for its branch/representative office/business location, the enterprise shall carry out the same procedures as above;
• In case an enterprise continues to do business before the suspension period without notifying or notifying on time to the business registration agency, it will be administratively sanctioned with a fine from 10,000,000 VND to 15,000,000 VND, and at the same time forced to notify the business registration agency of the time to resume business as prescribed in Article 50 of Decree 122/2021/ND-CP;
• After the enterprise resumes business operations ahead of schedule, the enterprise needs to pay the license fee in full and fulfill other tax and reporting obligations in accordance with the provisions of law;
• The company must submit a notice at least 03 working days before resuming operations according to Clause 1, Article 206 of the Law on Enterprises 2020.

You need to pay attention to the above issues when making a notice to resume operations before the business suspension period. Considering the above issues will help you prevent risks that arise in reality and create conditions for you to prepare response plans after resuming operations.

>>>See more: Change in operating status after temporary suspension of business.

Consulting services on procedures for notification of re-operation before the deadline for joint stock companies at Long Phan Consulting Company

Long Phan Consulting Company provides consulting services on procedures for notification of re-operation before the deadline for joint stock companies with a team of experienced experts in the field of business. Our consulting services include:

• Consulting on legal regulations related to procedures for notification of re-operation before the deadline for joint stock companies;
• Support in preparing necessary documents and records;
• Drafting necessary documents and forms;
• Authorized representative of the enterprise submits the application and monitors the application processing process;
• Receive results and hand them over to the business.

With in-depth knowledge of corporate law, our team will assist customers in completing procedures for notification of re-operation before the deadline for joint stock companies of schedule quickly and in accordance with legal regulations, helping businesses save time and costs.

Some frequently asked questions about procedures for notification of re-operation before the deadline for joint stock companies

We would like to provide you with some common questions related to the procedure for notifying a joint stock company to re-operate ahead of time. Please refer!

What is the maximum number of times a joint stock company is allowed to register to temporarily suspend business?

Current law does not limit the number of times an enterprise can register to temporarily suspend business.

By what methods can a joint stock company submit a notice of re-operation?

Businesses can submit applications directly at the Business Registration Office, via postal service, or online through the National Business Registration Portal.

How long does it take to process the application for notification of reopening before the deadline?

Within 03 working days from the date of receiving valid documents, the Business Registration Office will complete and return the results.

What documents will the company receive when the re-operation notification is valid?

The company will receive a confirmation of the enterprise’s registration to continue doing business before the deadline.

What happens if the company resumes operations before the deadline without notice or without notice on time?

The company will be administratively sanctioned with a fine from 10,000,000 VND to 15,000,000 VND and forced to notify the business registration agency about the time to resume business according to Article 50 of Decree 122/2021/ND-CP.

After resuming operations ahead of schedule, what obligations does a joint stock company need to fulfill?

The company needs to pay the license fee in full and fulfill other tax and reporting obligations in accordance with the law.

Can the company announce reopening ahead of time for a few branches/representative offices/business locations?

Yes, businesses can choose to notify the return of operations to all or some dependent units. The remaining units that want to operate again must then follow separate procedures.

If the company is operating under an Investment License, do I need to submit any additional documents when announcing re-operation?

Yes, need to submit a valid copy of the Investment Certificate and a valid copy of the Tax Registration Certificate.

When does a joint stock company need to submit a notice of re-operation before the deadline?

The company must submit notice at least 03 working days before expected to resume operations.

Above are some questions surrounding the process of notification of re-operation before the deadline for joint stock companies. We hope that the above answers have partly answered your questions about this issue and helped you feel more confident when performing this procedure. Thank you!

Conclude

Thus, when a joint stock company wants to resume operations before the business suspension period, it must notify the competent authority within 03 working days. If you need detailed advice on the procedure for notification of re-operation before the deadline for joint stock companies, please contact Long Phan Consulting Company via the hotline 1900636389 for timely and professional support.