COMPANY DISSOLUTION SERVICES
Professional, reputable, dedicated
Address: No. 9 Phan Ke Binh, Ward Da Kao, District 1, Ho Chi Minh City, Vietnam
Tel: 0914.190.707 - 0942.050.407 - Email: ngocthu@ketoansaovang.com
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1 - WHAT IS COMPANY DISSOLUTION SERVICE?
Company dissolution service is a service that supports businesses in carrying out procedures to terminate a business legally and in accordance with the law. This process includes completing tax obligations, liquidating assets, paying debts and submitting dissolution documents to the competent state agency. Using this service helps businesses save time, costs and ensure compliance with legal regulations.
2 - WHAT WORK DOES COMPANY DISSOLUTION SERVICES USUALLY INCLUDE?
Company dissolution services include the following tasks:
a) Legal advice before dissolution:
Provide information on legal regulations related to business dissolution, conditions and necessary procedures.
Drafting dissolution documents: Prepare necessary documents such as dissolution decision, minutes of meeting of the board of members or general meeting of shareholders, dissolution notice and other related papers.
b) Liquidation of assets and settlement of debts:
Make a list of debts, including information about creditors, payment status, tax debts, social insurance debts, and proceed to liquidate the company's assets.
c) Carry out procedures with tax authorities:
Submit application for tax code termination, tax settlement, invoice cancellation and completion of other tax obligations.
d) Submit dissolution documents to the Department of Planning and Investment:
Submit dissolution documents and receive dissolution confirmation from the business registration authority.
e) Cancellation of seal:
Carry out procedures to return the seal and seal sample certificate to the police agency (if any).
3 - CASES OF COMPANY DISSOLUTION
According to the Law on Enterprises of Vietnam, an enterprise may be dissolved in the following cases:
a) The term of operation stated in the Company Charter ends without a decision to extend;
b) According to the resolution or decision of the business owner for private enterprises, of the Board of Members for partnerships, of the Board of Members or company owners for limited liability companies, of the General Meeting of Shareholders for joint stock companies;
c) The company no longer has the minimum number of members as prescribed by Vietnamese Law for a period of 06 consecutive months without completing procedures to convert the type of enterprise;
d) The Certificate of Business Registration is revoked, except in cases where the Law on Tax Administration provides otherwise.
4 - CONDITIONS FOR COMPANY DISSOLUTION IN VIETNAM
According to Vietnamese law, an enterprise can only be dissolved when it ensures payment of all debts and other financial obligations and is not in the process of resolving disputes at Court or Arbitration.
Debts include:
- Employee payments: Such as salary arrears, severance pay, social insurance, health insurance, unemployment insurance according to the provisions of law and other employee benefits according to the collective labor agreement and signed labor contract;
- Customer debts;
- Tax debt;
- Social Insurance debt
- Other debts ….
The relevant manager and the enterprise (whose Business Registration Certificate has been revoked, except in cases where the Law on Tax Administration provides otherwise) are jointly responsible for the debts of the enterprise.
5 - RESPONSIBILITY TO COMPLETE TAX PAYMENT OBLIGATIONS IN CASE OF DISSOLUTION, BANKRUPTCY, TERMINATION OF OPERATIONS IN VIETNAM
According to the provisions of Vietnamese law:
- If an enterprise ceases operations or leaves its registered business address without fulfilling its tax payment obligations, the remaining tax debt shall be paid by the owner of the private enterprise, owner of a single-member limited liability company, capital contributing shareholder, capital contributing member, or general partner in accordance with the regulations for each type of enterprise stipulated in the Law on Enterprises.
- Business individuals, business household owners, individuals who are legal representatives of enterprises, cooperatives, and cooperative unions who are subject to compulsory enforcement of administrative decisions on tax management, individuals who are Vietnamese leaving the country to settle abroad, Vietnamese people residing abroad, and foreigners must fulfill their tax payment obligations before leaving Vietnam; in case they have not fulfilled their tax payment obligations for the tax debt amount and debt period according to the threshold prescribed by the Government, their exit will be temporarily suspended according to the provisions of the law on exit and entry.
6 - DIFFICULTIES CUSTOMERS COMMONLY ENCOUNTER WHEN DISSOLVING A COMPANY IN VIETNAM
When dissolving a company, customers may encounter the following difficulties:
- Customers are not familiar with company dissolution procedures;
- Dissolving a company is a complicated procedure, requiring many steps and preparation of many types of documents;
- Dissolving a company must carry out procedures through many different state management agencies, such as: Tax, Insurance, Customs, Department of Planning and Investment;
- Tax settlement must be performed when dissolving a company. This is the most complicated and time-consuming task when dissolving a company.
- Dissolving a company requires many procedures and takes a lot of time to complete the procedures.
Therefore, to save time and costs when dissolving a company, many businesses have chosen and used Sao Vang's company dissolution service.
Using Sao Vang's company dissolution service, you can be completely assured of the service quality, professional service, knowledgeable and solid staff in company dissolution expertise, enthusiastic and dedicated to serving customers.
7 - STEPS TO DISSOLVE A COMPANY IN VIETNAM
The procedure for company dissolution is carried out in the following steps:
Step 1: Decide to dissolve the company
The owner/Board of members/General meeting of shareholders holds a meeting to decide to dissolve the company, the decision clearly stating the reason for dissolution and the plan to liquidate assets and handle debts, if any.
Step 2. Notice of company dissolution
Within 07 working days from the date of approval, the resolution, decision on dissolution and meeting minutes must be sent to the Business Registration Authority, tax authority, and employees of the enterprise. The resolution and decision on dissolution must be posted on the National Business Registration Information Portal and publicly posted at the head office, branches, and representative offices of the enterprise.
In case the enterprise still has outstanding financial obligations, it must send the resolution, dissolution decision and debt settlement plan to the creditors, persons with related rights, obligations and interests. The debt settlement plan must include the name and address of the creditor; the amount of debt, the deadline, location and method of payment of that debt; the method and deadline for resolving creditors' complaints;
Step 3. Liquidate assets and pay off company debts
The debts of the enterprise are paid in the following order of priority:
a) Debts of wages, severance pay, social insurance, health insurance, unemployment insurance as prescribed by law and other benefits of employees according to collective labor agreements and signed labor contracts;
b) Tax debt;
c) Other debts;
Step 4. Carry out procedures to notify the Department of Planning & Investment of the dissolution of the enterprise.
The legal representative of the enterprise shall submit the enterprise dissolution dossier to the Business Registration Authority within 05 working days from the date of full payment of all debts of the enterprise.
Step 5. Carry out company dissolution procedures with the Tax Authority
Enterprises prepare documents and submit them to the tax authority to finalize taxes, complete tax obligations, and close tax codes.
Note: In case the enterprise has not completed the tax declarations and reports, it must complete and submit them to the tax authority at this step.
In reality, tax settlement with tax authorities is the most time-consuming and complicated step, requiring corporate accountants to not only have good accounting expertise and skills but also experience in company dissolution.
Step 6. Carry out company dissolution procedures at the Department of Planning and Investment
After completing step 6 with the tax authority, the enterprise prepares the following documents for dissolution of the enterprise to submit to the Department of Planning and Investment:
Step 7. Carry out procedures to return the seal and Seal Sample Certificate to the police agency (if any).
For enterprises established before July 1, 2015, using seals issued by the police agency, when dissolved, the enterprise must complete procedures to return the seal and Seal Sample Certificate to the police agency.
Step 8. Announcement of dissolution on the National Business Registration Portal
8 - DOCUMENTS NEEDED TO PREPARE FOR COMPANY DISSOLUTION
When dissolving a company, you need to prepare the following documents and information:
- Copy of business registration certificate;
- Financial reports;
- Accounting books;
- Invoices, accounting documents;
- Tax return
- List of employees;
- Other documents…
9 - COMPANY DISSOLUTION SERVICE FEE AT GOLDEN STAR
A- SERVICE FEE FOR DISSOLUTION OF COMPANY WITH COMPLETED TAX PROCEDURES
- Dissolution service fee after receiving notice of completion of tax obligations to dissolve the enterprise from the tax authority: From 1,500,000 VND.
- Completion time: About 05 working days.
B- SERVICE FEE FOR DISSOLUTION OF COMPANY WITHOUT GENERATION OF REVENUE OR EXPENSES
C- SERVICE FEE FOR DISSOLUTION OF COMPANIES WITH REVENUE GENERATION
1) CONSULTATION PACKAGE (consultation and document preparation)
Service fee: From 3,500,000 VND
Works that Golden Star will perform:
a) Dissolution procedure consulting
- Consulting on regulations on company dissolution;
- Consulting on preparing documents for dissolution;
- Consulting on tax declaration documents for dissolution;
- Consulting on tax settlement documents for dissolution;
- Consulting on invoices when dissolving;
- Consulting on liquidation of assets before dissolution;
- Consulting on debt settlement before dissolution.
b) Drafting dissolution documents
- Draft dissolution documents to send to the business registration authority;
- Draft tax settlement request documents, complete tax obligations, close tax codes and send to tax authorities;
- Draft a request for confirmation of no insurance debt to send to the insurance agency;
- Draft a request for confirmation of no import tax debt to send to customs authorities.
- Prepare and submit dissolution registration documents to the business registration authority (after receiving the tax authority's notice of completion of tax obligations to dissolve the business).
2) COMPANY DISSOLUTION PROCEDURE IMPLEMENTATION PACKAGE
Service fee: From 5,000,000 VND.
Works that Golden Star will perform:
a) Dissolution procedure consulting
- Consulting on regulations on company dissolution;
- Consulting on preparing documents for dissolution;
- Consulting on tax declaration documents for dissolution;
- Consulting on tax settlement documents for dissolution;
- Consulting on invoices when dissolving;
- Consulting on liquidation of assets before dissolution;
- Consulting on debt settlement before dissolution.
b) Drafting dissolution documents
- Draft dissolution documents to send to the business registration authority;
- Draft tax settlement request documents, complete tax obligations, close tax codes and send to tax authorities;
- Draft a request for confirmation of no insurance debt to send to the insurance agency;
- Draft a request for confirmation of no import tax debt to send to customs authorities.
c) Tax settlement with tax authorities to confirm completion of tax obligations with tax authorities
- Consulting on completing accounting books and tax settlement records;
- Submit tax settlement documents to tax authorities;
- Support tax settlement explanation with tax authorities;
- Receive tax code termination results and complete tax obligations from tax authorities.
Note:
Golden Star will quote dissolution services for each specific case/company.
Contact address, email and phone number (See details)
10 - TIME TO COMPLETE PROCEDURES TO DISSOLVE THE COMPANY
The average time to complete the company dissolution procedure is from 30 - 60 working days. Specifically:
- Within 3 - 5 working days, prepare and submit the company dissolution notification to the business registration authority;
- From 15 - 45 working days, complete tax procedures at the tax authority;
Performing tax settlement to dissolve a company takes the longest time. In fact, the time to complete tax procedures at the tax office can last more than 45 working days.
Tax settlement service (See details)
- Within 3 - 5 working days, prepare and submit dissolution registration documents to the business registration office after completing tax procedures.
11 - WHY SHOULD YOU USE COMPANY DISSOLUTION SERVICES?
a) Completing the company dissolution procedure requires many complicated procedures and must go through many different agencies, such as tax authorities, social insurance agencies, customs agencies, police agencies, and business registration agencies? Golden Star's company dissolution service will help you carry out these procedures.
b) If you are not specialized in accounting, tax, and company dissolution, you will spend a lot of time and effort preparing documents, drafting documents, editing documents many times, and performing tax settlement procedures with the tax authority to dissolve the company. Golden Star's company dissolution service will help you.
c) Do you want to save time and money when carrying out company dissolution procedures? Golden Star's company dissolution service will help you.
d) You don't have time to prepare the company dissolution procedures? Golden Star's company dissolution service will help you.
12 - WHY DO YOU CHOOSE GOLDEN STAR'S COMPANY DISSOLUTION SERVICE?
a) Many years of experience
Golden Star With more than 15 years of experience in providing business consulting, tax, and accounting services to thousands of customers in different business fields and industries, Golden Star Accounting and Consulting Company is confident in supporting customers to comply with Vietnamese laws on tax, accounting, business law and other legal regulations.
b) Highly qualified and professional staff
Golden Star's staff are highly qualified and experienced, with practical knowledge in the fields of tax, accounting, and business registration consulting.
The experts are lawyers, accountants, and professional tax consultants at Golden Star Accounting with more than 15 years of experience in the fields of tax, accounting, and law consulting.
Key staff of Golden Star Accounting Company (See details)
c) Is a company licensed by the General Department of Taxation to practice tax agency services.
Golden Star Accounting Company is one of the companies licensed by the General Department of Taxation to practice tax agency services, which is a tax declaration service and performs tax procedures for taxpayers.
Certificate of eligibility for Tax Procedure Service Business in Vietnam (See details)
d) Many customers have used tax consulting services and highly appreciated them.
Up to now, hundreds of businesses in many fields and industries have been using Golden Star Accounting's services.
Customers using Services of Golden Star are enterprises (domestic enterprises, foreign-invested enterprises, project management boards, representative offices) or individual taxpayers.
e) Help customers save time and money
Do you need a company that specializes in providing professional company dissolution services, with fast processing time, accurate procedures, professional, dedicated, enthusiastic service, and reasonable prices? Golden Star's company dissolution service will help you.
Using Golden Star's company dissolution service, you will save a lot of time and money, and quickly resolve company dissolution procedures.
Golden Star's company dissolution service will bring many benefits to customers. Golden Star will draft and prepare all documents and forms, customers only need to sign on the documents drafted by Golden Star Accounting and Consulting Company.
13 - COMPANY DISSOLUTION SERVICE PROCESS AT GOLDEN STAR
Step 1: Receive customer requests and quote services
- When there is a need to use the company dissolution service, customers will send request information via email or zalo.
- After receiving information about the customer's request and understanding the customer's problem, Golden Star will quote the company dissolution service.
Step 2: Sign the service agreement
- After agreeing on the work content and service fee, Golden Star will draft a service contract.
- Legal representatives of both parties will sign the contract.
Step 3: Consulting, drafting documents and submitting documents
- Golden Star will notify customers of the documents and information required.
- Based on the information provided by the customer, Golden Star will draft the documents and send them to the customer for signature.
- The customer will submit the application or Sao Vang will submit the application under the customer's authorization.
Step 4: Tax explanation and settlement
- Explain tax settlement and other related issues.
- During the work process, Golden Star staff will discuss and advise customers to ensure quick implementation, meeting legal requirements.
Step 5: Receive results and deliver to customer
14 - BENEFITS OF USING COMPANY DISSOLUTION SERVICES AT GOLDEN STAR
When using company dissolution services at Golden Star, you will gain the following benefits:
- Cost optimization;
- Time optimization;
- Get advice on legal regulations before carrying out dissolution procedures;
- Draft the company dissolution decision and all documents related to the dissolution;
- Prepare a detailed list of debts (including creditor information, paid/unpaid debts, tax debts, social insurance debts, etc.);
- Business representative submits application and receives results at the Business Registration Office;
- Carry out seal cancellation procedures at the police agency;
- Carry out procedures to lock tax codes and other tax obligations at tax authorities;
- Carry out procedures to announce the dissolution of the enterprise on the National Information Portal;
- Business representatives fulfill other financial obligations to state agencies;
- Hand over the final results of company dissolution.
15 – ANSWERS TO SOME QUESTIONS ABOUT COMPANY DISSOLUTION SERVICES IN VIETNAM
Question 1: How do customers who need to use Golden Star Accounting Company's company dissolution service start?
Answer:
If you have any needs, please send your request to Golden Star Accounting Company's email address.
After receiving the request via email, we will proactively contact the customer.
Question 2: Before dissolving the company, do we have to dissolve branches, representative offices, and business locations?
Answer:
Yes.
Before dissolving the company, customers must complete the procedures for dissolving branches, representative offices, and business locations.
Question 3: Can a business whose tax code has been locked be dissolved?
Answer:
Yes.
However, before dissolving, the enterprise must fulfill its tax obligations. Therefore, in order to be able to dissolve, the enterprise must carry out procedures to restore the tax code, declare taxes fully, fulfill tax obligations, and pay fines in accordance with the provisions of law.
Only when completing the obligation to declare and pay taxes, can the enterprise submit an application to terminate the validity of the tax code to dissolve according to the provisions of law.
Company tax code reopening service (See details)
Question 4: Can a business that is inactive at its headquarters be dissolved?
Answer:
Yes.
However, before dissolving, the enterprise must fulfill its tax obligations. Therefore, in order to be able to dissolve, the enterprise must carry out procedures to restore its tax code, restore its operating status, declare taxes fully, fulfill its tax obligations, and pay fines in accordance with the provisions of law.
Only when completing the obligation to declare and pay taxes, can the enterprise submit an application to terminate the validity of the tax code to dissolve according to the provisions of law.
Question 5: Can a business that still owes taxes or third parties be dissolved?
Answer:
Not.
Before dissolution, the enterprise must fulfill its obligations to pay tax debts and third parties.
Only when debt obligations are fulfilled can a business be dissolved.
Question 6: Who is responsible for the accuracy of the business dissolution records?
Answer:
According to the provisions of Vietnamese law:
a) Members of the Board of Directors of a joint stock company, members of the Board of Members of a limited liability company, company owners, private business owners, Directors or General Directors, partners, and legal representatives of enterprises are responsible for the truthfulness and accuracy of the enterprise dissolution dossier.
b) In case the dissolution dossier is inaccurate or forged, the persons specified in Clause 2 of this Article shall be jointly responsible for paying the unresolved employee benefits, unpaid taxes, other unpaid debts and shall be personally responsible before the law for the consequences arising within 05 years from the date of submission of the enterprise dissolution dossier to the Business Registration Authority.
Question 7: Is it possible to not carry out business dissolution procedures?
Answer:
Not.
If you don't dissolve the business, it will still exist, it won't disappear on its own. The longer you wait, the higher the management and compliance costs will be.
In case of compulsory dissolution, if the dissolution procedure is not carried out, the enterprise will be subject to administrative penalties (if there are no signs of tax evasion) or criminal prosecution (if there are signs of tax evasion).
Question 8: Who will be responsible when the enterprise has not fulfilled its tax obligations?
Answer:
According to the provisions of Vietnamese law:
If an enterprise ceases operations or leaves its registered business address without fulfilling its tax payment obligations, the remaining tax debt shall be paid by the owner of the private enterprise, owner of a single-member limited liability company, capital contributing shareholder, capital contributing member, or general partner in accordance with the regulations for each type of enterprise stipulated in the Law on Enterprises.
Question 9: What are the cases of temporary suspension of exit when tax payment obligations have not been fulfilled?
Answer:
According to Vietnamese law, cases of temporary suspension of exit include:
a) Individuals, individuals who are legal representatives of taxpayers who are enterprises that are subject to compulsory enforcement of administrative decisions on tax management and have not fulfilled their tax payment obligations.
b) Vietnamese people leaving the country to settle abroad have not fulfilled their tax obligations.
c) Vietnamese people residing abroad who have not fulfilled their tax obligations before leaving the country.
d) Foreigners who have not fulfilled their tax obligations before leaving Vietnam.
Question 10: How long does it take to finalize taxes to dissolve a company?
Answer:
Of all the steps, performing tax settlement to dissolve a company takes the longest.
In reality, the time to complete tax procedures at the tax authority can take more than 60 working days.
Tax settlement time depends on the complexity and completeness of the documents and the processing time of the tax authority.
Tax settlement service (See details)
Question 11: What is the penalty for late submission of tax returns?
Answer:
Vietnamese law stipulates penalties for late submission of tax declarations as follows:
1) Warning penalty for submitting tax declaration documents after the deadline from 01 day to 05 days and having mitigating circumstances.
2) A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for late submission of tax declaration dossiers from 01 day to 30 days, except for the case specified in Clause 1 of this Article.
3) A fine of VND 5,000,000 to VND 8,000,000 shall be imposed for submitting tax declarations 31 to 60 days after the prescribed deadline.
4) A fine from VND 8,000,000 to VND 15,000,000 for one of the following acts:
a) Submitting tax declaration dossiers 61 to 90 days after the prescribed deadline;
b) Submitting tax declaration dossiers 91 days or more after the prescribed deadline but no tax payable arises;
c) Not submitting tax declaration but no tax payable arises;
d) Failure to submit appendices as prescribed in tax management regulations for enterprises with related transactions attached to corporate income tax settlement dossiers.
5) A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for late submission of tax declaration dossiers more than 90 days after the deadline for submitting tax declaration dossiers, with tax payable arising and the taxpayer has fully paid the tax amount and late payment fee to the state budget before the tax authority announces the decision to conduct tax audit or tax inspection or before the tax authority makes a record of the late submission of tax declaration dossiers.
Question 12: Can I look up a dissolved business?
Answer:
Yes.
You can look up dissolved businesses at the Business Registration Portal. If a business is dissolved, the status will be displayed as "dissolved".
Question 13: How are company dissolution service costs calculated?
Answer:
Depending on each specific case, the company dissolution service fee will be different.
Golden Star will quote each specific case. Please contact Golden Star for a quote.
Contact address, email and phone number (See details)
Question 14: Should I use Sao Vang's company dissolution service?
Answer:
Yes. For the following reasons.
a) Experience, many years of practice;
b) Have expertise and experience;
c) Help customers save time and resources;
d) Have good relationship with tax authorities;
Question 15: What is the company dissolution service process at Golden Star?
Answer:
Company dissolution services at Golden Star can be summarized as follows:
Step 1: Receive customer requests and quote services
Step 2: Sign the service agreement
Step 3: Prepare and submit application
Step 4: Explanation
Step 5: Receive results and deliver to customer
To receive more information about company dissolution services
Please contact Golden Star Accounting and Consulting Company as follows:
Contact address, email and phone number (See details)
Golden Star Accounting Company will meet your needs professionally, reliably and effectively.
Address: No. 9 Phan Ke Binh, Ward Da Kao, District 1, Ho Chi Minh City, Vietnam
Tel: 0914.190.707 - 0942.050.407 - Email: ngocthu@ketoansaovang.com
