Notify the tax authorities and social insurance agency.
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Procedures for notifying tax authorities and social insurance agencies when temporarily suspending business operations.
Step 1: Make the decision to temporarily suspend operations.
Businesses make decisions to temporarily suspend operations in accordance with their charter or internal regulations.
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For limited liability companies and joint-stock companies: Hold a meeting of the Board of Members or the General Meeting of Shareholders and pass a resolution.
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For private businesses: The business owner makes the decisions directly.
Step 2: Prepare and submit the notification documents.
Businesses prepare a notification file for temporary suspension of operations, including: the decision to suspend operations, legal documents of the legal representative, and related documents. The file is then submitted to the business registration authority where the business's head office is located.
Step 3: Notify the tax authorities and social insurance agency.
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Submit a notice of temporary suspension of operations to the directly managing tax authority and fulfill any outstanding tax obligations.
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This notice concerns the temporary suspension of social insurance contributions to the retirement and death benefit fund, and the determination of the health insurance and unemployment insurance participation status for employees.
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Complete any outstanding social insurance and health insurance contributions (if any).
Business Suspension Application
Maximum suspension period: 1 year
According to Article 206 of the 2020 Enterprise Law, the period of temporary suspension of business operations must not exceed one year. If the business has not resumed operations after the announced period expires, it must notify the business registration authority again.
Extension of the suspension:
If a business needs to extend its temporary suspension period, it must submit a new notification of temporary business suspension before the expiration of the previously announced period.
Important note:
If a business does not resume operations after a period of suspension without notifying the business registration authority, its business registration certificate may be revoked.
Temporary suspension period
Businesses must prepare a notice of temporary suspension of business operations using the form prescribed in Appendix II-23 of Circular No. 01/2021/TT-BKHĐT.
The following information is attached to this announcement:
- Owner's decision for a private enterprise, or the Decision and Minutes of the Board of Directors/Shareholders' Meeting for a limited liability company/joint-stock company.
- A copy of the legal documents of the business's legal representative.
If a business temporarily suspends operations before the announced deadline, it must notify the business registration authority in writing at least 15 days before resuming operations.
Notify the tax authorities and social insurance agency.
After receiving confirmation of temporary suspension from the business registration authority, the business needs to:
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Submit a notification of temporary suspension of operations to the tax authority directly responsible for your area.
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Complete all outstanding tax obligations before suspending operations.
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Seal the invoices if you are using paper invoices.
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Notice of discontinuation of electronic invoice usage (if applicable).
Businesses need to notify the Social Insurance agency about the temporary suspension of operations in order to:
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Implement the procedure for temporarily suspending social insurance contributions to the retirement and death benefit fund.
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Clearly define the health insurance and unemployment insurance participation status for employees during periods of temporary suspension.
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Complete any outstanding social insurance and health insurance contributions (if any).
Note: During the temporary suspension period, businesses are still required to fulfill their health insurance obligations for employees, unless the employment contract has been terminated.
