1. Cases of enterprise dissolution
End of operation term stated in the company's charter without decision on extension;
– According to the decision of the business owner, for a private enterprise, of all general partners, for a partnership; of the Members' Council, the company owner, for limited liability companies; of the General Meeting of Shareholders for joint-stock companies;
– The company no longer meets the minimum number of members as prescribed by this Law for a period of 06 consecutive months without carrying out procedures for transformation of enterprise type;
- The Certificate of Business Registration has been revoked.
2. Conditions for dissolution of the company
An enterprise may only be dissolved when:
- Ensure payment of all debts and other property obligations.
– The enterprise is not in the process of settling disputes in court or arbitration.
3. Order of carrying out procedures for dissolution of the company/enterprise
When an enterprise is dissolved, the application must be submitted to at least 3 agencies, including:
– The general customs office certifies that the enterprise does not owe import and export tax in case the enterprise has import and export activities.
- The managing tax agency directly confirms the fulfillment of tax obligations and carries out procedures for TIN deactivation.
– The Department of Planning and Investment where the enterprise is located to notify the dissolution and complete the dissolution procedures.
– The police agency returns the stamp (if the enterprise uses the old stamp issued by the police).