PROCEDURES FOR REGISTRATION TO CHANGE ENTERPRISE HEAD OFFICE

The procedure for registering a change in the address of a business's headquarters is an important process to adjust and update information about the business location of the business. Implementing this procedure requires accuracy, clearly and in compliance with the provisions of law to ensure the legality and transparency of the enterprise in its business operations.

12/10/2023

PROCEDURES FOR REGISTRATION TO CHANGE ENTERPRISE HEAD OFFICE

1. Legal basis

- Enterprise Law 2020

- Decree 01/2021/ND-CP

- Circular No. 02/2019/TT-BKHDT

2. Overview of the enterprise's headquarters

2.1. Regulations on corporate headquarters

Pursuant to Article 42 of the Enterprise Law 2020

- Enterprises can choose their own location for their headquarters but must comply with the provisions of law. The head office of an enterprise is the contact address of the enterprise in the territory of Vietnam. The address is determined to include house number, corner, alley, alley, street, street or village, hamlet, hamlet, commune, ward, town, district, district, town, provincial city, province, direct city. central; phone number, fax number and email.

2.2. Conditions for company headquarters

Pursuant to Article 3, Article 6 of the 2014 Housing Law; Official Dispatch No. 2544/BXD-QLN of the Ministry of Construction on management and use of apartment buildings

- If an enterprise has its headquarters address in an apartment building, that apartment building must have the function of renting an office and must have documents proving the use of that apartment building as a company office.

- The company headquarters needs to have legal proof of ownership and the right to use the address as the company headquarters address.

- For other addresses, businesses must have legal documents proving the right to use the address as the company headquarters address.

3. Procedures for registering a change in the address of the enterprise's headquarters

3.1. Profile components:

Pursuant to the provisions of Article 47 of Decree 01/2021/ND-CP

- Notice of change in business registration content signed by the legal representative of the enterprise (According to the appendix form Appendix II-1 Circular No. 02/2019/TT-BKHDT)

- Resolutions and decisions of the company owner for one-member limited liability companies; Resolutions, decisions and copies of meeting minutes of the Board of Members for limited liability companies with two or more members, partnerships, and of the General Meeting of Shareholders for joint stock companies on the transfer Head office address of the enterprise

- Note: Before registering to change the head office address to a district, province, or centrally run city other than where the head office is located, leading to a change in tax management authority, the enterprise must carry out the following steps: Procedures with tax authorities related to relocation according to tax laws.

3.2. Competent authority to resolve

- Department of Planning and Investment and Business Registration Office where the new headquarters is located

3.3. The order of execution

- The enterprise sends the registration dossier to change the enterprise registration content to the Business Registration Office where the new headquarters is located.

- After receiving the business registration dossier, the Business Registration Office issues a Receipt, checks the validity of the dossier and issues a Business Registration Certificate to the enterprise according to regulations.

- In case the dossier is not valid, the Business Registration Office will notify in writing the content that needs to be amended or supplemented to the business founder or enterprise within 03 working days from the date of receipt of the dossier. profile.

- Bring the Document Receipt and Authorization Letter to receive results at the Business Registration Office where the application is submitted.

3.4. How to perform

You can submit your application in 3 ways:

- Direct

- Online

- Postal services

3.5. Resolution deadline

Within 03 (three) working days from the date of receipt of complete and valid documents.

3.6. Fees and charges

- Direct payment method:

• Fee: 100,000 VND

• Fee: 50,000 VND