Registration of change of address of the company’s head office

a) Implementation order:

Note:

Before registration of change of the address of head office, the company has to perform the procedures relating to changing headquarters’ address to the tax authority according to the provision of the law on taxes before registration of change of address of the company’s head office.     

• In case of relocating the head office of the branch, representative office within the centrally-run provinces and cities where the branch, representative office registered:

a. Name, Business No., Tax code or Enterprise registration certificate No. (if without Business No., Tax code);

b. The address of head office expected to arrive;

c. Full name and signature of the company’s legal representative.

The Notice must include all documents specified in section c (Documents)

• In case of relocation of the branch, representative office to centrally-run provinces, cities other than the location that the branch, representative office registered:

a. Name, Business No., Tax code or Enterprise registration certificate No. (if without Business No., Tax code);

b. The address of head office expected to arrive;

c. Full name, ID Card No., Passport No. or other personal identification papers specified in Article 10 of Decree No. 78/2015/ND-CP, permanent residence and signature of the company’s legal representative.

The Notice must include all documents specified in section c (Documents)

b) Implementation method:

• The company directly submits documents on change of content of Enterprise registration certificate to the Business registration office where the company registered its head office or the legal representative submits documents via electronic network according to the procedures on the National Information Portal on enterprise registration.

• In case of relocating the head office of the branch, representative office within the centrally-run provinces and cities where the branch, representative office registered, after receiving the Notice, the Business registration office issues the receipt, checks the validity of documents and issues the Enterprise registration certificate to the company.

• In case of moving the address of head office of the company to another province or Centrally-run city where the company has not registered, after receiving the notice, the Business registration office where the company registered its head office issues the receipt, checks the validity of documents, issues the Enterprise registration certificate to the company and send the information to the Business registration office where the enterprise has registered previously.

c) Documents, including:

In case of relocating the head office of the branch, representative office within the centrally-run provinces and cities where the branch, representative office registered:

• Notice on change of the content of the enterprise registration (Annex II-1, Circular No. 20/2015/TT-BKHDT);

• Decision and valid copy of meeting record of the Board of Members for limited liability company with more than two members;

• Decision and valid copy of meeting record of the General Meeting of Shareholders for joint stock company;

• Decision and valid copy of meeting record of general partners for partnership;

• Decision of the company’s owner for one member limited liability company.

Note: Decisions and meeting records must specify the contents amended in the company’s charter.

In case of relocation of the branch, representative office to centrally-run provinces, cities other than the location that the branch, representative office registered:

• Notice on change of the content of enterprise registration (Annex II-1, Circular No. 20/2015/TT-BKHDT);

• List of members for limited liability company with more than two members; List of authorized representatives for one member limited liability company; List of founding shareholders, shareholders as foreign investors, the legal representative of the shareholders as foreign organization for joint stock company; List of general partners for partnership.

• Decision and valid copy of meeting record of the Board of Members for limited liability company with more than two members;

• Decision and valid copy of meeting record of the General Meeting of Shareholders for joint stock company;

• Decision and valid copy of meeting record of general partners for partnership;

• Decision of the company’s owner for one member limited liability company.

Note: Decisions and meeting records must specify the contents amended in the company’s charter.

d) Number of documents: 01 set.

e) Time limit for settlement: Within three (03) working days, after receipt of full valid documents

đ) Implementing agency: Business registration office - Department of Planning and Investment.

g) Subjects of administrative procedures: Individuals, organizations.

h) Results of administrative procedures: Enterprise registration certificate/ Notice on amending and supplementing enterprise registration documents.

i) Fee: VND 200,000/ time (Circular No. 176/2012/TT-BTC) (Payment at time of filling).

k) Name of form, declaration:

·    Notice on changing the content of of enterprise registration (Annex II-1, Circular No. 20/2015/TT-BKHDT);

·    In addition, depending on the type of enterprise, as registration for change, the company shall supplement one/ some forms as follows:

·    List of members of limited liability company with more than two members (Annex I-6, Circular No. 20/2015/TT-BKHDT);

·    List of founding shareholders (Annex I-7, Circular No. 20/2015/TT-BKHDT);

·    List of foreign investors as shareholders (Appendix I-8, the Circular No. 20/2015/TT-BKHDT);

·    List of general partners (Annex I-9, Circular No. 20/2015/TT-BKHDT);

·    List of authorized representatives (for one member limited liability company)/ List of authorized representatives as foreign organizations (for joint-stock company) (Annex I-10 Circular No. 20/2015/TT-BKHDT);

l) Requirements and conditions for procedure implementation: Defined in Article 48 of Decree No. 78/2015/ND-CP.

m) Legal basis of administrative procedures:

·      The Enterprise Law of the Assembly of the Socialist Republic of Vietnam No. 68/2014/QH13 dated 26/11/2014 (The Enterprise Law);

·      Decree No. 78/2015/ND-CP dated 14/9/2015 of the Government on enterprise registration (Decree No. 78/2015/ND-CP);

·      Circular No. 20/2015/TT-BKHDT dated 01/12/2015 of the Ministry of Planning and Investment guiding the enterprise registration (Circular No. 20/2015/TT-BKHDT);

·      Circular No. 176/2012/TT-BTC dated 23/10/2012 of the Ministry of Finance providing for the collection level, collection regime, payment, management and use of fees of enterprise registration, business household registration and enterprise information supply fee  (Circular No. 176/2012/TT-BTC