The order and procedures for dissolution of private enterprises according to court decisions

1. How are the order and procedures for dissolution of private enterprises according to the Court’s decision?

Pursuant to Article 209 of the Law on Enterprises 2020, which stipulates the dissolution of an enterprise in case of revocation of the Certificate of Business Registration or according to the decision of the Court, specifically as follows:

The dissolution of an enterprise in case of revocation of the Enterprise Registration Certificate or according to a Court decision is carried out according to the following order and procedures:

– The business registration authority must notify the status of the enterprise undergoing dissolution procedures on the National Business Registration Portal at the same time as making the decision to revoke the Certificate of Business Registration or immediately after receiving the dissolution decision from the Court that has taken legal effect. The notice must be accompanied by a decision to revoke the Certificate of Business Registration or a Court decision that has taken legal effect;

– Within 10 days from the date of receiving the decision to revoke the Certificate of Business Registration or the legally effective Court decision, the enterprise must convene a meeting to decide on dissolution. Resolutions, dissolution decisions and copies of decisions to revoke the Certificate of Business Registration or legally effective Court decisions must be sent to the Business Registration Authority, tax authorities, and employees in the enterprise and must be publicly posted at the enterprise’s head office, branches, and representative offices. In cases where the law requires newspaper publication, resolutions and decisions on enterprise dissolution must be published in at least 01 printed or electronic newspaper for 03 consecutive issues.

In case the enterprise has unpaid financial obligations, it must simultaneously send the enterprise’s resolution, dissolution decision, and debt settlement plan to creditors and people with related rights and obligations. The notice must contain the name and address of the creditor; debt amount, term, location and method of payment of that debt; method and time limit for resolving creditors’ complaints;

– Payment of the enterprise’s debts is carried out in accordance with the provisions of Clause 5, Article 208 of this Law;

– The legal representative of the enterprise sends the enterprise dissolution dossier to the Business Registration Authority within 05 working days from the date of payment of all debts of the enterprise enterprise;

– After 180 days from the date of notification of the status of the enterprise’s dissolution procedures according to the provisions of Clause 1 of this Article, without receiving written objections from the relevant parties or within 05 working days from the date of receipt of the dissolution dossier, the Business Registration Authority updates the legal status of the enterprise on the National Business Registration Database. industry;

– The relevant company manager must be personally responsible for damages caused by failure to comply or not comply with the provisions of this Article.

2. What do private enterprise dissolution documents include?

According to Article 210 of the Law on Enterprises 2020, it is stipulated as follows:

“Article 210. Enterprise dissolution documents

1. Enterprise dissolution documents include the following documents:

a) Notice of enterprise dissolution Enterprise;

b) Report on liquidation of enterprise assets; list of creditors and paid debts, including payment of all tax debts and social insurance, health insurance, and unemployment insurance premiums for employees after deciding to dissolve the enterprise (if any).

2. Member of the Board of Directors of a joint stock company, member of the Board of Members of a limited liability company, The company owner, private enterprise owner, Director or General Director, general partner, legal representative of the enterprise is responsible for the truthfulness and accuracy of the enterprise dissolution dossier.

3. In case the dissolution dossier is inaccurate or fake, the people specified in Clause 2 of this Article must be jointly responsible for paying unresolved employee benefits, unpaid taxes, other unpaid debts and be personally responsible before the law for the consequences arising within 05 years from the date of submitting the enterprise dissolution dossier to the Business Registration Office.”

Thus, the dossier for dissolution of a private enterprise including:

+ Notice of enterprise dissolution;

+ Report on liquidation of enterprise assets; list of creditors and paid debts, including payment of all tax debts and social insurance, health insurance, and unemployment insurance payments for employees after deciding to dissolve the enterprise (if any).

3 How long from the date of receiving the Court’s dissolution decision, must an enterprise submit a dissolution application?

According to Clause 2 and Clause 4, Article 209 of the Law on Enterprises 2020, it is stipulated as follows:

“Article 209. Dissolution of enterprise in case of revocation of Business Registration Certificate or by decision of the Court project

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2. Within 10 days from the date of receiving the decision to revoke the Certificate of Business Registration or the legally effective Court decision, the enterprise must convene a meeting to decide on dissolution. Resolutions, dissolution decisions and copies of decisions to revoke the Certificate of Business Registration or legally effective Court decisions must be sent to the Business Registration Authority, tax authorities, and employees in the enterprise and must be publicly posted at the enterprise’s head office, branches, and representative offices. In cases where the law requires newspaper publication, the resolution and decision to dissolve the enterprise must be published in at least 01 printed or electronic newspaper for 03 consecutive issues.

In case the enterprise has unpaid financial obligations, it must simultaneously send the resolution, decision on dissolution of the enterprise, and debt settlement plan to creditors and people with related rights and obligations. The notice must contain the name and address of the creditor; debt amount, term, location and method of payment of that debt; method and time limit for resolving creditors’ complaints;

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4. The legal representative of the enterprise sends the enterprise dissolution documents to the Business Registration Authority within 05 working days from the date of payment of all debts of the enterprise;

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Accordingly, within 10 days from the date of receiving the legally effective Court decision, your enterprise must convene a meeting to decide on dissolution. And the representative According to the company’s law, the enterprise dissolution documents will be sent to the Business Registration Authority within 05 working days from the date of payment of all debts of the enterprise.