According to reflections from voters in Tay Ninh province, some businesses due to lack of legal knowledge, when temporarily suspending or stopping operations for too long, have not completed the dissolution procedures.
The current dissolution procedure requires inspection and examination before dissolution. However, because the enterprise has not been operating for 3 to 10 years, there are no more invoices and documents.
Voters proposed that functional agencies have more detailed guidance and faster promotion to remove difficulties for taxpayers, because currently when a new company is established, if it is entangled in the old company, the new company will not be able to operate.
The Ministry of Finance answers this question as follows:
According to the provisions of law on business registration (Clause 5, Clause 6, Article 64 and Clause 2, Clause 3, Article 65 of Decree No. 168/2025/ND-CP dated June 30, 2025 of the Government on business registration), the dissolution of enterprises is carried out on the basis of coordination between business registration agencies and tax authorities to determine the completion of tax obligations of enterprises.
Enterprises are only dissolved when ensuring full payment of debts, other property obligations and meeting the conditions prescribed by the Enterprise Law (Clause 2, Article 107 of the Enterprise Law).
For cases where taxpayers have been notified by the tax authority that they are not operating at the registered address but have a need to carry out procedures for dissolution or termination of operation, they must carry out procedures to terminate the validity of the tax identification number before completing the dissolution procedures according to regulations (point c, clause 5, Article 17 and Article 14 of Circular No. 86/2024/TT-BTC dated December 23, 2024 of the Ministry of Finance on tax registration).
Amended and supplemented regulations on tax management in the past time, tax management laws have been amended and supplemented.
In which there are a number of regulations to contribute to handling the situation of businesses not operating in the direction of:
Continue to innovate; take taxpayers as the service center; apply risk management, compliance management and digital transformation; exploit interconnected databases to shorten the processing time of dossiers and procedures, and reduce tax compliance costs.
Supplementing the regulation that tax authorities only inspect at the headquarters of taxpayers at high risk when dissolving, bankrupting, or terminating the validity of tax identification numbers. Accordingly, cases without risk are handled quickly, creating favorable conditions for businesses to terminate operations, while still controlling tax obligations to the state budget.
Deploying the Campaign "Cleaning up Tax Codes - Removing bottlenecks in business". Currently, the Ministry of Finance is implementing the Campaign "Cleaning up Tax Codes - Removing bottlenecks in business", with the goal:
Review, standardize, and classify data according to the true nature of each dossier.
Guiding taxpayers to complete dossiers and tax obligations to terminate the validity of tax identification numbers or restore operations.
Receiving and coordinating the handling of complaints about information forgery.
Review high-risk cases of invoices, tax debts, tax evasion, abandonment of addresses. control new developments, handle interconnected data errors.
