My name is Hoang T. Anh. I founded the company in 2015, until March 2018, I issued a notification of business suspension. Since then, my company has not operated again. Therefore, I hope FDVN Law Firm (FDVN) can advise me that if my company continues to stop operating, how shall the competent authority handle it?
FDVN’s opinions:
Thank you for concerning FDVN legal services. Basing on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:
[1]. Legal provisions related to business suspension
Pursuant to Article 206 of the Law on Enterprises 2020, the provisions on business suspension are as follows: “An enterprise shall send a written notification to the business registration authority at least 03 working days before the suspension or resumption date.”
Pursuant to Clause 1, Article 66 of Decree No. 01/2021/ND-CP: “When an enterprise or branch/representative office/business location suspends its operation or resumes its operation ahead of schedule, a notification shall be sent to Business Registration Office where the enterprise or its branch/representative office/business location was registered at least 03 working days before the date of suspension or resumption. The suspension period must not exceed one year. If the enterprise or its branch/representative office/business location is still suspended after this period, another notification must be sent to the Business Registration Office at least 03 working days before the date of suspension. The business cessation duration of each notification must not exceed one year.”
Thus, according to the provisions of law, the time limit for business suspension must not exceed 01 years. Upon the expiration of the notice period, if the company still suspends its business activities, a notification must be sent to the Business Registration Office but must not exceed 01 year. Your company has noticed the business suspension in March 2018. Up to now, your company has not been operational again, so it shall be subject to legal sanctions.
[2] Handling cases of business operation suspension beyond the permitted time limit
Pursuant to Article 212 of the Law on Enterprises 2020, an enterprise’s Certificate of Enterprise Registration shall be revoked in the following cases:
“a) The enterprise registration application contains fraudulent information;
b) The enterprise is established by persons banned from establishing enterprises specified in Clause 2 Article 17 of this Law;
c) The enterprise is suspended for 01 year without notifying the business registration authority and the tax authority;
d) The enterprise fails to send reports in accordance with Point c Clause 1 Article 216 of this Law to the business registration authority within 06 months from the deadline or from the receipt of a written request;
dd) Other cases under decision of the court or request of competent authorities as prescribed by law.”
Thus, in case your company suspends its business for more than 01 year without notifying the business registration agency and tax authority, the business registration certificate will be revoked.
Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.
Dinh Thi Thong - FDVN Law Firm
CONTACT US:
Lawyers in Da Nang:
99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city
Lawyers in Hue:
336 Phan Chu Trinh, Hue City, Thua Thien Hue
Lawyers in Phu Quoc:
65 Hung Vuong, Duong Dong town, Phu Quoc island district
Lawyers in Quang Ngai:
359 Nguyen Du, Quang Ngai City, Quang Ngai Province.
Lawyers in Ha Noi
Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi
Website: www.fdvn.vn www.fdvnlawfirm.vn www.diendanngheluat.vn www.tuvanphapluatdanang.com
Email: fdvnlawfirm@gmail.com luatsulecao@gmail.com
Phone: 0935 643 666 – 0906 499 446
Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/
Legal Service For Expat: https://www.facebook.com/fdvnlawfirmvietnam/
TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/
DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/
Other Articles
- BLACK'S LAW DICTIONARY (ABRIDGED TENTH EDITION) BY BRYAN A.GARNER
- CẤU TRÚC “NOT ONLY … BUT ALSO …”
- THE ARCHITECTURE OF THE DEAL: THE STRUCTURES THAT DEFINES A DECADE OF GLOBAL M&A BY HERMAN, HENRY & DOMINIC
- ACADEMIC LEGAL WRITING: LAW REVIEW ARTICLES, STUDENT NOTES, SEMINAR PAPERS, AND GETTING ON LAW REVIEW BY EUGENE VOLOKH
- THE CONTRACT COMPASS BASIS PRINCIPLES FOR DRAFTING AND READING EVERY AGREEMENT BY HERMAN, HENRY & DOMINIC
- CÔNG VĂN 7751/BNG-LS CỦA BỘ NGOẠI GIAO NGÀY 03 THÁNG 09 NĂM 2026 VỀ VIỆC TRIỂN KHAI THỰC HIỆN CÔNG ƯỚC APOSTILLE
- PRIVATE M&A NEGOTIATION A PRACTITIONER'S COMPANION TO THE SHARE PURCHASE, SUBSCRIPTION & SHAREHOLDER'S AGREEMENT BY HERMAN, HENRY & DOMINIC
- LITIGATION IN TWO WORLDS CIVIL AND CORMMERCIAL COURT PROCEDURE IN VIETNAM AND THE UNITED STATES: A PRACTITIONER'S COMPARATIVE GUIDE BY HERMAN, HENRY & DOMINIC
- HƯỚNG DẪN THỰC HIỆN LUẬT THƯƠNG MẠI ĐIỆN TỬ VÀ NGHỊ ĐỊNH 248/2026/NĐ-CP
- THE M&A DICTIONARY BY HERMAN, HENRY & DOMINIC
- THE CAMBRIDGE HANDBOOK OF PRIVATE LAW AND ARTIFICIAL INTELLIGENCE EDITED BY ERNEST LIM AND PHILLIP MORGAN
- ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY EDITED BY JYH-AN LEE, RETO M HILTY, AND KUNG-CHUNG LIU
- ARTIFICIAL INTELLIGENCE AND THE LAW CYBERCRIME AND CRIMINAL LIABILITY EDITED BY DENNIS J. BAKER AND PAUL H. ROBINSON
- ARTIFICIAL INTELLIGENCE IN LEGAL SYSTEMS (BRIDGING LAW AND TECHNOLOGY THROUGH AI) EDITED BY ERIONA CELA, NARASIMHA RAO VAJJHALA AND BEHROUZ ASLANI
- NGHỊ ĐỊNH 342/2026/NĐ-CP QUY ĐỊNH CHI TIẾT LUẬT THƯƠNG MẠI VÀ LUẬT QUẢN LÝ NGOẠI THƯƠNG VỀ HOẠT ĐỘNG MUA BÁN HÀNG HOÁ VÀ HOẠT ĐỘNG LIÊN QUAN TRỰC TIẾP ĐẾN MUA BÁN HÀNG HOÁ CỦA NHÀ ĐẦU TƯ NƯỚC NGOÀI, TỔ CHỨC KINH TẾ CÓ VỐN ĐẦU TƯ NƯỚC NGOÀI TẠI VIỆT NAM
- THE LAW OF INTERNATIONAL LAWYERS BY WOUTER WERNER, MARIEKE DE HOON AND ALEXIS GALÁN



