Template of Notification on Changes to the Registration Content of Branches and Representative Offices? Can Branches and Representative Offices be Established Domestically and Abroad?
Can enterprises establish branches or representative offices domestically and internationally?
Based on Article 45 of the 2020 Enterprise Law, the regulations are as follows:
"Article 45. Registration for the operation of branches, representative offices of enterprises; notification of business locations
1. Enterprises have the right to establish branches and representative offices both domestically and internationally. Enterprises may set up one or multiple branches, representative offices in a locality based on administrative geographical units.
2. For the establishment of branches or representative offices within the country, enterprises shall submit the registration dossier for the operation of the branch or representative office to the business registration office where the branch or representative office is located. The dossier includes:
a) Notification of the establishment of a branch, representative office;
b) A copy of the decision on the establishment and a copy of the minutes of the meeting on the establishment of the branch, representative office of the enterprise; a copy of the legal documents of the individual in charge of the branch, representative office.
3. Within 03 working days from the date of receipt of the dossier, the business registration office is responsible for verifying the validity of the dossier and issuing a Certificate of Registration for the operation of the branch, representative office; if the dossier is not valid, the business registration office must notify in writing the contents that need to be amended or supplemented for the enterprise. If the issuance of the Certificate of Registration for the operation of the branch, representative office is refused, a written notice must be given to the enterprise stating the reasons.
4. Enterprises are responsible for registering changes to the content of the Certificate of Registration for the operation of the branch, representative office within 10 days from the date of change.
5. Within 10 days from the date of deciding on the business location, the enterprise shall notify the business location to the business registration office.
6. The Government of Vietnam provides detailed regulations for this Article."
According to these regulations, enterprises have the right to establish branches and representative offices both domestically and internationally. Additionally, within one locality, enterprises may set up one or multiple branches, representative offices.
Template for notification of changes in the operation registration of branches and representative offices? Can branches and representative offices be established both domestically and internationally?
How should enterprises proceed to change the content of the registration for the operation of branches and representative offices?
Based on Article 62 of Decree 01/2021/ND-CP, the regulations are as follows:
"Article 62. Registration for changes in the operation registration content of branches, representative offices, business locations
1. Before registering changes to the address of branches, representative offices leading to changes in the managing tax authority, enterprises must complete tax procedures with the tax authority concerned with the relocation as stipulated by tax laws.
2. When changing the content of the registration for the operation of branches, representative offices, business locations, enterprises shall send a Notification of change in the operation registration of branches, representative offices, business locations to the business registration office where the branch, representative office, business location is situated. In the case of changing the head of the branch, representative office, the notification must be accompanied by a copy of the legal documents of the individual designated as head of the branch, representative office.
Upon receipt of the enterprise's Notification, the business registration office issues a receipt, verifies the validity of the dossier, updates the change in the registration content of the branch, representative office, business location in the National Business Registration Database, and issues a Certificate of Registration for the operation of the branch, representative office, Certificate of Registration for the business location within 03 working days from the date of receipt of the valid dossier. If requested by the enterprise, the business registration office shall issue a confirmation letter regarding the change in the operation registration content of the branch, representative office, business location.
3. In case of relocating the branch, representative office, business location to another province, central-affiliated city different from the place where the branch, representative office, business location was registered, enterprises shall send a Notification of change in the operation registration content of the branch, representative office, business location to the business registration office of the new location.
Upon receipt of the enterprise's Notification, the business registration office of the new location of the branch, representative office, business location issues a receipt, verifies the validity of the dossier, and issues a Certificate of Registration for the operation of the branch, representative office, Certificate of Registration for the business location.
4. After being granted the Certificate of Business Registration transition to a limited liability company or a joint-stock company, 100% state-owned enterprises' branches, representative offices, business locations shall register changes in the operation registration content pursuant to this Article.
5. After the conversion of a limited liability company to a joint-stock company and vice versa, a private enterprise into a limited liability company, joint-stock company, partnership, the branches, representative offices, business locations of these enterprises shall register changes in the operation registration content pursuant to this Article."
Thus, the registration for changes in the operation content of branches, representative offices will be conducted according to the regulations mentioned above.
Template for notification of changes in the operation registration of branches, representative offices?
Currently, the template for notification of changes in the operation registration of branches, representative offices follows Appendix II-9 issued together with Circular 01/2021/TT-BKHDT as follows:
Download the latest template for notification of changes in the operation registration of branches, representative offices: Here.
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