Notice of temporary suspension of business in a limited liability company with two or more members

1. Regulations on notice of temporary suspension of business for LLCs with 2 or more members

- At least 03 working days before the date of temporary suspension of business, a limited liability company with 2 or more members must make a written notification to the Business Registration Office where the company is headquartered.

- After the notice period has expired, if a limited liability company with 2 or more members still wants to continue to suspend business, it must notify the Business Registration Office at least 03 working days before the date of continued suspension of business. The period of suspension of business for each notice must not exceed 01 year.

- During the period of temporary suspension of business, a limited liability company with 2 or more members must still fulfill its financial obligations such as paying all outstanding taxes, social insurance, health insurance, and unemployment insurance; paying debts, completing the performance of contracts signed with customers and employees; unless otherwise agreed by the parties.

2. Notice of temporary suspension of business for LLCs with two or more members

Profile components include:

(i) Notice of temporary suspension of business (Appendix II-19 form issued with Circular 01/2021/TT-BKHĐT);

(ii) Resolution and Decision of the Board of Members on temporary suspension of business;

(iii) Valid copy of the Minutes of the Board of Members' meeting on temporary suspension of business;

(iv) Authorization document for the person submitting the application and receiving the results if he/she is not the legal representative. This document does not need to be notarized or authenticated;

(v) A valid copy of one of the following personal identification documents of the person authorized to carry out the procedure (if any):

- For Vietnamese citizens: Valid Citizen Identification Card or National Identity Card or Vietnamese Passport.

- For foreigners: Valid foreign passport or document in lieu of a valid foreign passport.

3. Where to submit application

Business Registration Office - Department of Planning and Investment where the company is headquartered.

4. Resolution period

Within 03 (three) working days from receipt of valid documents.

Note: A limited liability company with 2 or more members in operation must send a written notice to the directly managing tax authority or the business registration authority regarding the temporary suspension of production and business activities during the calendar year (from January 1 to December 31). No business license fee required for the year of business suspension with the following conditions: The written request for temporary suspension of production and business activities is sent to the tax authority or business registration authority before the deadline for paying the prescribed fee (January 30th of each year) and the business license fee for the year of temporary suspension of production and business activities has not been paid. In case of temporary suspension of production and business activities that does not meet the above conditions, the business license fee for the whole year must be paid.