Reference situation:

A branch of a company is located in Ho Chi Minh city. The branch has performed the procedures for its temporary suspension for 1 year. The branch would like to resume (come back with) its business before the time of 1 year expires and would like to consult lawyers to do so.

Legal grounds:

1. Law on Enterprise 2014;
2. Decree No. 78/2015/NĐ-CP;
3. Decree No. 108/2018/NĐ-CP;
4. Circular No. 02/2019/TT-BKHĐT.

Our legal advice:

Article 57 of Decree No. 78/2015/NĐ-CP “If an enterprise, branch, representative office or business location temporarily suspends business or resumes business thereafter prior to the notified resumption date, then the enterprise must send a notice to the Business Registration Office in the locality where such establishment is registered at least fifteen (15) days prior to commencing such suspension of business, or fifteen (15) days prior to resuming business ahead of the scheduled date.”

It is legal for the branch to resume its business before the 1-year period for its temporary suspension. The company needs to notify the Business Registration Office for the resumption of its business at least fifteen (15) days prior to the date of resuming business.

Click here to refer to the detailed procedures.