DIFFICULTY IN COMPLIANCE WITH THE LAW IN THE CASE OF BUSINESS DISSOLUTION

  1. It is forbidden to terminate the performance of an already effective contract: Point e, Clause 1, Article 211 of the Law on Enterprises 2020 stipulates: Since the dissolution decision is issued, an enterprise or its manager is strictly prohibited from “terminating the performance of an effective contract”. This regulation inherits intact Article 205 of the Law on Enterprises.
  2. Separate regulations on termination of labor contracts according to the Labor Code: Compared with the provisions of the Law on Enterprises 2020, it is not possible to determine which document the “notification of termination of operation” in article 45 of the Labor Code 2019 belongs to according to the current dissolution process in Vietnam.
  3. Other prohibited acts: giving up or reducing the right to collect debts; signing new contracts, except for the case of enterprise dissolution; pledge, mortgage, donate or lease property; fundraising in any form…

It can be seen that these unreasonable regulations not only cause difficulties for businesses but also contain risks of social instability, leading to unnecessary lawsuit situations.

According to

https://www.thesaigontimes.vn/317457/kho-nhu-tuan-thu-phap-luat-khi-giai-the.html.

Documentary Editorial Board, DBRC, Dong Du International Accounting & Legal Consulting Group Vietnam

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