Can I use the code? Enterprise number issued to another enterprise by a bankrupt enterprise?

Do businesses have to write down the issued business code on documents when performing business transactions? Is it allowed to use the business code of a bankrupt enterprise for another enterprise?

1. Is it allowed to use the business code of a bankrupt enterprise for another enterprise?

Pursuant to Article 29 of the Law on Enterprises 2020 on enterprise code:

Enterprise code

1. Business code is a series of numbers created by the National Business Registration Information System, issued to businesses upon establishment and recorded on the Business Registration Certificate. Each business has a unique code and cannot be reused to issue to other businesses.

2. Enterprise codes are used to carry out tax obligations, administrative procedures and other rights and obligations.

Thus, enterprise codes are a series of numbers created by the National Information System for Business Registration, issued to businesses upon establishment and recorded on the Business Registration Certificate.

Each business has a unique code and cannot be reused to issue other businesses. other.

Accordingly, it can be seen that using the business code of a bankrupt enterprise for another enterprise is not allowed.

2. Do businesses have to record the issued business code in documents when performing business transactions?

Pursuant to Article 8 of Decree 01/2021/ND-CP on business code, dependent unit code of the business, business location code:

Enterprise code, dependent unit code of the business, location code business point

1. Each business is assigned a unique code called the business code. This code is also the tax code and the social insurance participating unit code of the enterprise.

2. The business code exists throughout the operation of the business and cannot be re-issued to other organizations or individuals. When the business ceases operations, the business code ceases to be valid.

3. Business codes are created, sent, and received automatically by the National Business Registration Information System, Tax Registration Information System and recorded on the Business Registration Certificate.

At the same time, according to the provisions of Article 35 of the Law on Tax Administration 2019 on the use of tax codes:

Using codes tax

1. Taxpayers must write down the issued tax code on invoices, vouchers, and documents when performing business transactions; Open a deposit account at a commercial bank or other credit institution; declare taxes, pay taxes, exempt taxes, reduce taxes, refund taxes, not collect taxes, register customs declarations and perform other tax transactions for all obligations to pay to the state budget, including cases where taxpayers operate production and business activities in many different areas.

2. Taxpayers must provide tax identification numbers to relevant agencies and organizations or record tax identification numbers on records when carrying out administrative procedures under the one-stop mechanism with the tax administration agency.

Thus, the enterprise identification number is simultaneously the tax identification number and the social insurance participation code of the enterprise.

Accordingly, the enterprise must be responsible for recording the issued enterprise identification number on the invoice. applications, vouchers and documents when carrying out business transactions according to regulations.