Registration of change of general partners 

Note: The company’s legal representative is responsible for registration of change of general partners within 10 days from the date that the change occurs.

     • In case of termination of general partners, admission of new general partners as defined in Article 180, Article 181 of the Enterprise Law, the partnership sends the Notice to the Business registration office where the company registered. The Notice includes:

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

b. Full name, identity card number or passport or lawful personal identification as defined in Article 10 of Decree No. 78/2015/ND-CP, permanent address of the new general partner, of member terminated membership or partnership;

c. Signatures of all members of partnership or the authorized general partner, except for member terminated membership or partnership;

d. The content is amended in the company charter.

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.

     • Upon receiving the Notice of the company, the Business registration office issues the receipt, checks the validity of documents and issues the Enterprise registration certificate to the company.

c)         Documents, including:

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

     • List of general partners of partnership (Annex I-9. Circular No. 20/2015/TT-BKHDT)

     • A valid copy of one of the personal identification papers specified in Article 10 of Decree No. 78/2015/ND-CP of the new general partners.

d) Number of documents: 01 set.

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

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

     • List of members of a partnership (Annex I-9, Circular No. 20/2015/TT-BKHDT);

l) Requirements and conditions for procedure implementation: Defined in Article 28, 29, 31 of the Enterprise Law and Article 42 of Decree No. 78/2015/ND-CP. In case of termination of the general member, the receiving the new general member will be implemented according to the provision of Article 180, 181 of the Enterprise Law.

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)