Can a business that temporarily suspends business issue an invoice? If so, what content should be written?

During the period of temporary suspension of business, what payments must be made in full?

Pursuant to the provisions of Clause 3, Article 206 of the Law on Enterprises 2020 on suspension, suspension of operations and termination of business of enterprises:

Temporarily suspend, suspend operations, terminate business

…

3. During the temporary suspension of business, the enterprise must pay all outstanding taxes, social insurance, health insurance, and unemployment insurance; continue to pay debts, complete the implementation of contracts signed with customers and employees, unless otherwise agreed upon by the business, creditors, customers and employees.

…Accordingly, during the time the enterprise temporarily suspends business, the enterprise must pay all outstanding taxes, social insurance, health insurance, and unemployment insurance; continue to pay debts, complete the implementation of contracts signed with customers and employees, unless otherwise agreed upon by the business, creditors, customers and employees.

Can businesses that temporarily suspend business issue invoices? If so, how to record the content?

According to the provisions of Clause 2, Article 4 of Decree 126/2020/ND-CP as follows:

Tax management for taxpayers during temporary suspension of operations and business

Taxpayers must notify when temporarily ceasing operations and business according to the provisions of Article 37 of the Law on Tax Administration and the following regulations:

….

2. During the time the taxpayer temporarily suspends operations and business:

a) Taxpayers do not have to submit tax declarations, except in cases where taxpayers temporarily suspend operations or do business for less than a full month, quarter, calendar year or fiscal year, they still must submit monthly and quarterly tax declarations; annual settlement records.

b) Business households and individual businesses that pay taxes using the presumptive method and temporarily stop operating or doing business will have their presumptive tax obligations re-determined by the tax authority according to the regulations of the Minister of Finance.

c) Taxpayers are not allowed to use invoices and are not required to submit reports on invoice usage. In case the taxpayer is approved by the tax authority to use invoices in accordance with the law on invoices, he/she must submit a tax declaration and submit a report on the use of invoices according to regulations.

d) Taxpayers must comply with decisions and notices of the tax administration agency on urging debt collection, enforcing the implementation of administrative decisions on tax management, inspecting and checking compliance with tax laws and handling administrative violations. on tax management according to the provisions of the Law on Tax Administration.

…

Thus, if an enterprise is temporarily suspending business, it is not allowed to conduct any transactions related to purchasing goods or services and is not allowed to create or issue electronic invoices.

In case an enterprise temporarily suspends business and needs to have electronic invoices delivered to buyers to perform contracts signed before the date of temporary suspension of business, the company uses electronic invoices issued each time they arise according to the instructions in Clause 2, Article 13 of Decree 123/2020/ND-CP (pursuant to the provisions of Clause 4, Article 16 of Decree 123/2020/ND-CP).

If an enterprise registers to temporarily suspend business, who is responsible for updating the legal status of the enterprise in the National Business Registration Database?

If an enterprise registers to temporarily suspend business, who is responsible for updating the legal status of the enterprise in the National Business Registration Database, based on Clause 4, Article 66 of the Decree 01/2021/ND-CP as follows:

Registering temporary suspension of business, resumption of business before the announced deadline for enterprises, branches, representative offices, business locations

…

4. In case an enterprise registers to temporarily suspend business, the Business Registration Office updates the legal status of the enterprise and the status of all branches, representative offices, and business locations of the enterprise in the National Database on Business Registration to the state of temporary business suspension.

5. Enterprises can request to register to continue doing business before the announced deadline at the same time as registering to continue doing business before the announced deadline for branches, representative offices, and business locations of the enterprise. The Business Registration Office updates the legal status of businesses simultaneously with the status of branches, representative offices, and business locations in the National Database on Business Registration.

Accordingly, the Business Registration Office is responsible for updating the legal status of the enterprise and the status of all branches, representative offices, and business locations of the enterprise in the National Database on Business Registration to the state of temporary suspension of business when the enterprise registers temporary suspension of business.