Selling and Buying “Inactivated Enterprises”

1:53:25 PM | 11/6/2015

With enforcement on January 1, 2014 of Resolution 219/2013/TT-BTC of December 31, 2013 of the Ministry of Finance, a market has been formed for buying and selling enterprises inactivated or entering bankruptcy.
The key element of the Resolution is that the buying of fixed capital must be over VND1 billion to prevent fake selling of “ghost” (non-existent) enterprises.
 
As a matter of fact, most buyers are interested only in legal status for operation and not in fixed capital or unimplemented contracts of enterprises.
 
This year, in particular, as the economy is reactivated and experts predict business opportunities for next year, the buying of inactivated enterprises is more attractive with less investment, ready legal status and added-value contracts. Buying prices range from a few dozen to hundreds of millions of Vietnamese Dong.
 
However, according to legal experts, “this law evading seems fast and perfect, but it is very risky for buyers.” There are many examples of getting into big debts. In addition to banking debts that can be verified, there are also other debts from other sources that sellers try to escape.
 
For buyers, several steps must be taken: investigation, negotiation, signing, and completion of registration. Among them, investigation must be thoroughly and carefully carried out so that the start-up could be successful, experts warned.
 
Nguyen Thanh