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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 296/2026/ND-CP
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Hanoi, July 23, 2026
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DECREE
AMENDMENTS TO GOVERNMENT’S DECREE NO.
168/2025/ND-CP DATED JUNE 30, 2025 ON ENTERPRISE REGISTRATION
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Organization of Local Governments No. 72/2025/QH15;
Pursuant to the Law on
Enterprises No. 59/2020/QH14, as amended by the Law No. 03/2022/QH15, and the
Law No. 76/2025/QH15;
Pursuant to the Law on
Investment No. 143/2025/QH15;
Pursuant to the Law on
Bankruptcy and Rehabilitation No. 142/2025/QH15;
At the request of the
Minister of Finance of Vietnam;
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Article
1. Amendments to some clauses of Article 4
1. Clause 1 is amended as follows:
“1. The enterprise’s
founder or the enterprise shall themself complete the application for
enterprise registration and take legal responsibility for the legitimacy,
truthfulness, and accuracy of information declared therein and relevant
reports. The owner, shareholders, and members of a company shall fully and
strictly comply with regulations on assets contributed as capital set out in
clause 2 Article 34 of the Law on Enterprises, and shall not act as nominees or
use their names on behalf of any other person for the purpose of contributing
capital to the enterprise.”.
2. Clauses 7 and 8 are added following clause 6 as follows:
“7. The provincial-level
business registration authority shall access and use information already
available in the National Enterprise Registration Database and other national
databases and specialized databases, and shall not require the individual or
organization (applicant) following enterprise registration procedures to submit
a copy of the enterprise registration certificate, cooperative registration
certificate, household business registration certificate, tax registration
certificate, investment registration certificate, the investment registration
authority's written approval of capital contribution or purchase of
shares/stakes by foreign investors or foreign-invested economic organizations,
or the establishment and operation license, or a copy of the written approval
of the State Securities Commission, a legally effective Court decision, or
another document included in the application for enterprise registration as
prescribed in the Law on Enterprises and this Decree.
Where the required
information cannot be obtained, or the obtained information is incomplete or
inaccurate, the provincial-level business registration authority shall request
the applicant to submit copies of the above-mentioned documents in accordance
with the Law on Enterprises and this Decree in order to complete the enterprise
registration procedures. The applicant shall update and rectify the information
in relevant databases in accordance with regulations of law.
The access to and use of
information already available in relevant databases to replace components of
the application for enterprise registration, on the basis of connection and
sharing of information between the National Enterprise Registration Database
and other databases, shall be carried out according to the notice published on
the National Business Registration Portal.
8. For a single-member
limited liability company of which 100% of charter capital is held by the
State, a copy or the original of the resolution or decision of the company
owner, or the document appointing the authorized representative of the owner
that is an organization, included in the application for enterprise
registration as prescribed in the Law on Enterprises and this Decree, may be
replaced with a document issued by a competent organization or individual in
accordance with regulations of law on management and investment of state
capital in enterprises, and other relevant laws.”.
Article
2. Amendments to clause 5 Article 12
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In case of interrupted
electronic authentication, the authorizing person may complete the electronic
authentication after an enterprise registration certificate has been issued.
Where the authorizing person fails to confirm the authorization, or confirms
that no authorization has been made, to follow enterprise registration
procedures, the provincial-level business registration authority shall request
the subject enterprise to submit a report as prescribed in clause 5 Article 21
of this Decree.
Where an electronic
identification account is not yet available to serve the electronic
authentication, the application for enterprise registration must be accompanied
by a copy of the unexpired identity card, citizen identity card, passport,
foreign passport, or another document of equivalent validity in lieu of a
foreign passport, of the authorizing person.”.
Article
3. Amendments to Article 17
“Article 17. Beneficial
owners of an enterprise
A beneficial owner of an enterprise having
juridical person status is one or more individuals who, directly or indirectly,
ultimately own or exercise effective control over the enterprise, excluding an
individual representing state capital in the enterprise (hereinafter referred
to as “beneficial owner of the enterprise”). The beneficial owner shall be one
or more individuals identified as follows:
1. An individual who,
directly or indirectly, or both directly and indirectly, owns 25% or more of
the charter capital or 25% or more of the total voting shares of the enterprise.
An indirect owner is an
individual who owns 25% or more of the charter capital or 25% or more of the
total voting shares of the enterprise through organizations or other legal
arrangements.
Where a group of
individuals having a family relationship as prescribed in clause 22 Article 4
of the Law on Enterprises, or bound by a contract, jointly own, directly or
indirectly, or both directly and indirectly, 25% or more of the charter capital
or 25% or more of the total voting shares of the enterprise, the enterprise
shall identify the individuals within such group as beneficial owners of the
enterprise.
For a partnership, all
general partners are considered its beneficial owners regardless of their
respective proportion of contributed charter capital or voting rights in the
partnership.
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3. Where no individual
satisfies the criteria set out in clauses 1 and 2 of this Article, the
enterprise shall identify, as its beneficial owner, the individual with the
highest managerial authority who is authorized to act on behalf of the
enterprise, excluding an individual representing state capital in the enterprise.”.
Article
4. Amendments to Article 18
“Article 18.
Declaration and notification of information on beneficial owners of an
enterprise
1. The enterprise or its
founder shall be responsible for identifying the beneficial owners of the
enterprise as prescribed in Article 17 of this Decree, and for declaring and
notifying the business registration authority of information on such beneficial
owners.
The enterprise or its
founder shall be responsible for identifying the beneficial owners of the
enterprise by reviewing each level of the enterprise's ownership structure
until the individual or individuals who exercise ultimate ownership or ultimate
effective control are identified. Where the ownership structure includes
a legal arrangement as prescribed by the law on anti-money laundering, the
beneficial owners of such legal arrangement shall be identified in accordance
with the law on anti-money laundering.
2. Information on
beneficial owners shall be declared in the following order:
a) The enterprise or its
founder shall declare and notify the business registration authority of
information on the individuals satisfying the ownership criteria set out in
Clause 1 Article 17 of this Decree;
b) Where no individual
satisfies the criteria set out in Clause 1 Article 17, or where there are
grounds to believe that an individual identified under the criteria set out in
Clause 1 Article 17 is not the beneficial owner of the enterprise, the
enterprise or its founder shall declare and notify the business registration authority
of information on one or more individuals satisfying the effective control
criteria set out in Clause 2 Article 17 of this Decree;
c) Where no individual
satisfies the criteria set out in Clauses 1 and 2 Article 17, the enterprise or
its founder shall declare and notify the business registration authority of
information on the individual prescribed in Clause 3 Article 17 of this
Decree.”.
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“2. At commune level:
a) Where there is
specialized division established within a commune-level administrative
division, the business registration authority responsible for handling
household business registration procedures shall be the specialized division
affiliated to the commune-level People's Committee assigned the functions and
duties of household business registration pursuant to a decision of the
People's Committee of the relevant province or central-affiliated city;
b) Where there is no
specialized division established within a commune-level administrative
division, the commune-level People's Committee shall be responsible for
handling household business registration procedures;
c) The business
registration authorities responsible for handling household business
registration procedures as prescribed in points a and b of this clause
(hereinafter referred to as “commune-level business registration authority”)
shall each have their own accounts and official seals.”.
Article
6. Addition of clause 8a following clause 8 Article 21
“8a. Update and retain information
on shareholders of a joint-stock company that is not listed or registered for
securities trading in the National Enterprise Registration Database for a
period of 06 years from the date of dissolution of the company as prescribed in
this Decree.”.
Article
7. Addition of clause 6 following clause 5 Article 24
“6. Where a foreign
investor establishes an enterprise before following procedures for issuance or
adjustment of an investment registration certificate in accordance with the Law
on investment, the application for enterprise registration shall not include a
copy of the investment registration certificate prescribed in clause 5 Article
20, point c clause 4 Article 21 and point c clause 4 Article 22 of the Law on
Enterprises. In this case, the application form for enterprise registration
shall include a commitment to satisfy market access conditions applicable to
foreign investors in accordance with regulations of law.”.
Article
8. Amendments to some points and clauses of Article 38
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“1. An online application
for enterprise registration shall contain the documents prescribed in the 2020
Law on Enterprises, as amended in 2025, and this Decree, presented in the form
of electronic documents or electronic data in accordance with law. An online
application for enterprise registration shall have the same legal validity as a
physical one.”.
2. Point a Clause 2 is
amended as follows:
“a) It contains all
required documents, the contents of which are fully declared un the same manner
as for a physical application, and such documents are presented in the form of
electronic documents or electronic data containing all information required for
a physical application;”.
3. Point d clause 2 is
amended as follows:
“d) Where authorization is
granted to follow enterprise registration procedures, the online application
for enterprise registration must be accompanied by the documents prescribed in
Article 12 of this Decree, presented in the form of electronic documents or
electronic data prescribed in point a of this clause.”.
Article
9. Amendments to Article 39
“Article 39. Procedures
for online enterprise registration
1. The applicant shall log
in to the National Public Service Portal or the national identification
application using an electronic identification account to access the National
Enterprise Registration Information System. The applicant shall follow
enterprise registration procedures on the National Enterprise Registration
Information System according to the following process:
a) Where the applicant is
the person competent to sign the application form for enterprise registration
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For application forms or
notices whose contents are declared on the National Enterprise Registration
Information System and which require signatures of multiple persons, and for
other documents included in the application as prescribed, the applicant shall
ensure that such documents are digitally signed or signed by hand in accordance
with regulations, presented in the form of electronic documents, and uploaded
to the National Enterprise Registration Information System.
The applicant shall pay
the required fees and charges (if any) and carry out electronic authentication
as prescribed in order to submit the application. Upon completion of the
application submission, the applicant shall receive an electronic receipt of
application and appointment for result return;
b) Where the applicant is
the person authorized to follow enterprise registration procedures
The applicant shall
declare information and upload the documents included in the application as
prescribed to the National Enterprise Registration Information System. Such
documents must be digitally signed or signed by hand in accordance with
regulations, and presented in the form of electronic documents.
The applicant shall pay
the required fees and charges (if any) and carry out electronic authentication
as prescribed in order to submit the application. Upon completion of the
application submission, the applicant shall receive an electronic receipt of
application and appointment for result return.
2. Information on
enterprise registration on the National Enterprise Registration Information
System shall be transmitted to the Taxpayer Registration System to serve the
cooperation and information exchange between the provincial-level business
registration authority and the tax authority.
3. The provincial-level
business registration authority shall consider the validity of the application
and return the application processing result to the applicant in accordance
with the Law on Enterprises and provisions of this Decree. The applicant shall
log in to the National Enterprise Registration Information System to receive
the application processing result.
4. The enterprise or its
founder following online enterprise registration procedures may stop following
such procedures as prescribed in clause 6 Article 31 of this Decree.”.
Article
10. Amendments to point c clause 1 Article 51
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Article
11. Amendments to some points and clauses of Article 60
1. Clause 1 is amended as
follows:
“1. Where an enterprise or
its branch/business location suspends its business or resumes its business
ahead of the notified schedule, or where a representative office suspends its
operation or resumes its operation ahead of the notified schedule, the
enterprise shall send a notification dossier to the provincial-level business
registration authority in charge of the province where the enterprise is
headquartered or its branch/representative office/business location is situated
at least 03 working days before the notified date of business/operational
suspension or resumption. If the enterprise or its branch/business location
still wishes to suspend its business or the representative office still wishes
to suspend its operation after the end of the notified suspension period,
another notice of business or operational suspension must be sent to the
provincial-level business registration authority at least 03 working days before
the planned date of suspension. Each notified suspension period shall not
exceed 12 months. The total duration of consecutive business suspension shall
not exceed 24 months.”.
2. Point a Clause 2 is
amended as follows:
“a) A notice of business
suspension or operational suspension, which shall indicate information on the
telephone number and email address of the enterprise's legal representative;”.
3. Clauses 7 and 8 are
added following clause 6 as follows:
“7. During the business
suspension, where there is a change in enterprise registration information as
prescribed in Articles 30 and 31 of the 2020 Law on Enterprises, as amended in
2025, and this Decree, the enterprise shall follow procedures for registration
or notification of such change in enterprise registration information as
prescribed.
8. Within 05 working days
from the end of the notified business suspension period, the enterprise's legal
representative shall confirm the resumption of business and undertake that the
enterprise has fully fulfilled its enterprise registration obligations with the
provincial-level business registration authority following the procedures on
the National Enterprise Registration Information System.
Where such confirmation is
not made within the above-mentioned time limit, within 10 working days from the
end of such prescribed time limit for confirmation, the provincial-level
business registration authority shall send a written request to the enterprise
to submit a report as prescribed in point c clause 1 Article 216 of the Law on
Enterprises, and concurrently send it to the tax authority for coordination in
performing state management tasks.
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Article
12. Addition of clause 3 following clause 2 Article 61
“3. During the period of
business suspension or operational suspension, or where termination of business
is carried out at the request of a competent authority, if there is a change in
enterprise registration information prescribed in Articles 30 and 31 of the
2020 Law on Enterprises, as amended in 2025, and this Decree, the enterprise
shall follow procedures for registration or notification of such change in
enterprise registration information as prescribed.”.
Article
13. Amendments to clause 3 Article 64
“3. Within 05 working days
after it has fully paid all debts, the enterprise shall submit an application
for dissolution to the provincial-level business registration authority in
charge of the province where it is headquartered. Such an application includes
the documents specified in clause 1 Article 210 of the Law on Enterprises. For
a joint-stock company that is not listed or registered for securities trading,
the notice of enterprise dissolution included in the application for enterprise
registration must be accompanied by a copy of the shareholder register.”.
Article
14. Amendments to Article 72
“Article 72. Procedures
for change of legal status, suspension of bankruptcy proceedings, and annulment
of decision to declare an enterprise bankrupt
1. Change of legal status
upon issuance of a decision to initiate bankruptcy proceedings, or a decision
to declare an enterprise bankrupt, by the Court
a) Within 03 working days
from its receipt of the Court’s decision to initiate bankruptcy proceedings,
the provincial-level business registration authority shall change the legal
status of the enterprise into “undergoing bankruptcy proceedings”, and change
the legal status of its branches, representative offices, and business
locations into “following shutdown procedures” on the National Enterprise
Registration Database;
b) Within 03 working days
from its receipt of the Court’s decision to declare an enterprise bankrupt or
the extract thereof, the provincial-level business registration authority shall
change the legal status of the enterprise into “bankrupt”, and change the legal
status of its branches, representative offices, and business locations into
“shut down” on the National Enterprise Registration Database;
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2. Within 03 working days
from its receipt of the Court’s decision to suspend bankruptcy proceedings, the
provincial-level business registration authority shall change the legal status
of the enterprise, and the legal status of its branches, representative offices
and business locations, back to their corresponding legal status in effect
before the decision to initiate bankruptcy proceedings was issued, on the
National Enterprise Registration Database.
3. Within 03 working days
from its receipt of the decision on resolution of a request for review of, or
petition against, the decision to suspend bankruptcy proceedings issued by the
Court, the provincial-level business registration authority shall retain such
information on the National Enterprise Registration Database, in case the Court
upholds its decision to suspend bankruptcy proceedings, or shall change the
legal status of the enterprise into “undergoing bankruptcy proceedings”, and the
legal status of its branches, representative offices and business locations
into “following shutdown procedures”, on the National Enterprise Registration
Database, in case the Court annuls the decision to suspend bankruptcy
proceedings and assigns a Judge to continue resolving the bankruptcy
proceedings.
4. Within 03 working days
from its receipt of the Court’s decision to annul the decision to declare an
enterprise bankrupt and refer the case file to a lower-level People's Court
having appropriate jurisdiction for re-resolution, the provincial-level
business registration authority shall change the legal status of the enterprise
into “undergoing bankruptcy proceedings”, and the legal status of its branches,
representative offices, and business locations into “following shutdown
procedures”, on the National Enterprise Registration Database.
5. Information on the
enterprise that is undergoing bankruptcy proceedings or is declared bankrupt
and its branches/representative offices/business locations that are following
shutdown procedures or have been shut down shall be transmitted to the Taxpayer
Registration System for updating.”.
Article
15. Amendments to clause 5 Article 93
“5. The authorizing person
and the person authorized to follow household business registration procedures
shall assume legal responsibility for the legitimacy, truthfulness and accuracy
of such authorization. The authorizing person and the authorized person must
carry out electronic authentication in order to be issued with a certificate of
household business registration when following procedures for registration of a
household business, registration of replacement of the household business
owner, or family household members applying for household business registration.
In case of interrupted
electronic authentication, the authorizing person may complete the electronic
authentication after a certificate of household business registration has been
issued. Where the authorizing person fails to confirm the authorization, or
confirms that no authorization has been made, to follow household business
registration procedures, the commune-level business registration authority
shall request the subject household business to submit a report as prescribed
in clause 6 Article 22 of this Decree.
Where an electronic
identification account is not yet available to serve the electronic
authentication, the application for household business registration must be
accompanied by a copy of the unexpired identity card, or citizen identity card,
of the authorizing person.”.
Article
16. Addition of clause 5 following clause 4 Article 103
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Article
17. Amendments to some points and clauses of Article 112
1. Clause 1 is amended as
follows:
“1. An online application
for household business registration shall contain the documents prescribed in
this Decree, presented in the form of electronic documents or electronic data.
An online application for household business registration shall have the same
legal validity as a physical one.”.
2. Point a Clause 2 is
amended as follows:
“a) It contains all
required documents, the contents of which are fully declared in the same manner
as for a physical application, and such documents are presented in the form of
electronic documents or electronic data containing all information required for
a physical application. Names of electronic documents must be relevant to names
of physical documents included in the application for household business
registration;”.
3. Point d Clause 2 is
amended as follows:
“d) Where authorization is
granted to follow household business registration procedures, the online
application for household business registration must be accompanied by the
documents prescribed in Article 93 of this Decree, presented in the form of
electronic documents or electronic data as prescribed.”.
4. Clause 4 is added
following clause 3 as follows:
“4. Where an application
is received on the Household Business Registration Information System after
office hours or on a day off, public holiday or Tet holiday as prescribed, the
time limit for returning the handling result of household business registration
procedures prescribed in this Decree shall be counted from the working day
following the day on which the application is received.”.
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“Article 113. Procedures
for online household business registration
1. The applicant shall log
in to the National Public Service Portal or the national identification
application using an electronic identification account to access the Household
Business Registration Information System. The applicant shall follow household
business registration procedures on the Household Business Registration
Information System according to the following process:
a) Where the applicant is
the person competent to sign the application form for household business
registration
The applicant shall
declare information on the Household Business Registration Information System.
For application forms or notices whose contents are declared on the
Household Business Registration Information System and which only require the
applicant's signature, the applicant shall not be required to digitally sign or
upload such applications or notices to the Household Business Registration
Information System. For other documents included in the application as prescribed,
the applicant shall ensure that such documents are digitally signed or signed
by hand in accordance with regulations, presented in the form of electronic
documents, and uploaded to the Household Business Registration Information
System.
For application forms or
notices whose contents are declared on the Household Business Registration
Information System and which require signatures of multiple persons, and for
other documents included in the application as prescribed, the applicant shall
ensure that such documents are digitally signed or signed by hand in accordance
with regulations, presented in the form of electronic documents, and uploaded
to the Household Business Registration Information System.
The applicant shall pay
the required fees and charges (if any) and carry out electronic authentication
as prescribed in order to submit the application. Upon completion of the
application submission, the applicant shall receive an electronic receipt of
application and appointment for result return;
b) Where the applicant is
the person authorized to follow household business registration procedures
The applicant shall
declare information and upload the documents included in the application as
prescribed to the Household Business Registration Information System. Such
documents must be digitally signed or signed by hand in accordance with
regulations, and presented in the form of electronic documents.
The applicant shall pay
the required fees and charges (if any) and carry out electronic authentication
as prescribed in order to submit the application. Upon completion of the
application submission, the applicant shall receive an electronic receipt of
application and appointment for result return.
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3. The commune-level business
registration authority shall consider the validity of the application and
return the application processing result to the applicant in accordance with
provisions of this Decree. The applicant shall log in to the Household Business
Registration Information System to receive the application processing result.
4. The household business
following online household business registration procedures may stop following
such procedures as prescribed in clause 5 Article 95 of this Decree.”.
Article
19. Replacement and abrogation of some phrases and clauses
1. The phrase “bản dịch tiếng
Việt công chứng” (“notarized Vietnamese translation”) is replaced with the
phrase “bản dịch tiếng Việt được chứng thực chữ ký người dịch” (“Vietnamese
translation bearing the translator's signature certified”) in clause 2 Article
10.
2. The phrase “các khoản
1, 2, 3, 4, 5, 6, 7 và 8 Điều này” (“clauses 1, 2, 3, 4, 5, 6, 7 and 8 of this
Article”) is replaced with the phrase “các khoản 1, 2, 3, 4, 5, 6, 7, 8 và 8a
Điều này” (“clauses 1, 2, 3, 4, 5, 6, 7, 8 and 8a of this Article”) in clause 9
Article 21.
3. The phrase “03 ngày làm
việc” (“03 working days”) is replaced with the phrase“02 ngày làm việc” (“02
working days”) in clause 6 Article 31, clause 5 Article 56, clause 4 Article
66, clauses 1, 2, 3 and 4 Article 77, clause 5 Article 95, and clauses 1, 2, 3
and 4 Article 115.
4. The phrase “Hệ thống
thông tin đăng ký thuế” (“Tax Registration Information System”) is replaced
with the phrase “Hệ thống ứng dụng đăng ký thuế” (“Taxpayer Registration
Application System”) in clause 2 Article 53.
5. The phrase “nơi đặt địa
điểm kinh doanh” (“where the business location is situated”) is replaced with
the phrase “theo quy định pháp luật” (“in accordance with regulations of law”)
in clause 2 Article 87.
6. The phrase “và danh
sách người đại diện theo ủy quyền” (“and the list of authorized
representatives”) is removed from clause 3 Article 54.
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8. The phrase “nơi hộ kinh
doanh đăng ký trụ sở” (“where the household business is headquartered”) is
removed from clause 1 Article 99.
9. Article 37, clause 2
Article 52, Article 111, and clause 3 Article 124 are abrogated.
Article
20. Processing of applications received before the effective date of this Decree
1. Where an application
for dissolution or a notification of business suspension has been received but
not yet approved by a provincial-level business registration authority before
the effective date of this Decree, the handling of such procedures shall comply
with the provisions of this Decree.
2. Except for the case
prescribed in clause 1 of this Article, the processing of applications for
enterprise registration that have been received but not yet approved by the
provincial-level business registration authority before the effective date of
this Decree shall comply with the provisions of Decree No. 168/2025/ND-CP.
3. The processing of
applications for household business registration that have been received but
not yet approved by the commune-level business registration authority before
the effective date of this Decree shall comply with the provisions of Decree No.
168/2025/ND-CP.
Article
21. Transition
1. The provision that the
total duration of consecutive business suspension shall not exceed 24 months in
clause 1 Article 11 of this Decree shall apply to an enterprise that has
notified its business suspension before the effective date of this Decree as
follows:
a) Where the total
duration of consecutive business suspension, up to the end of the most recently
notified suspension period, has not yet exceeded 24 months, the enterprise may
continue to apply for approval of its business suspension, provided that the
total duration of consecutive business suspension, including the periods
already registered before the effective date of this Decree, does not exceed 24
months;
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2. The provision on
confirmation of resumption of business upon the end of a business suspension
period in clause 3 Article 11 of this Decree shall apply to an enterprise that
submits notification of business suspension on or after the effective date of this
Decree.
Article
22. Effect
1. This Decree comes into
force from July 23, 2026.
2. Ministers, heads of
ministerial-level agencies, Chairpersons of People's Committees of provinces
and central-affiliated cities, Chairpersons of People's Committees of communes,
wards and special zones, and the regulated entities of this Decree shall be
responsible for the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Van Thang