Procedures for updating chip-based Citizen Identity Cards (CCCD) for legal representatives on the Enterprise Registration Certificate - What are the regulations?
Contents of the Certificate of Business Registration
Based on the provisions of Article 28 of the Law on Enterprises 2020, the Certificate of Business Registration includes the following main contents:
- Name of the enterprise and enterprise code;- Address of the enterprise's head office;- Full name, contact address, nationality, legal document number of the individual for the legal representative of a limited liability company and a joint-stock company; for a general partner of a partnership; for the owner of a private enterprise. Full name, contact address, nationality, legal document number of the individual for the member who is an individual; name, enterprise code and head office address of the member who is an organization for a limited liability company;- Charter capital for companies, investment capital for private enterprises.
Procedure to update the chip-attached citizen's identity card for the legal representative on the Business Registration Certificate
Is it mandatory to register changes to the content of the Business Registration Certificate when changing from a People's Identity Card to a Citizen's Identity Card?
Pursuant to Clause 1, Article 30 of the Law on Enterprises 2020, this content is regulated as follows:
Registering changes to the content of the Business Registration Certificate
1. Enterprises must register with the Business Registration Authority when changing the contents of the Business Registration Certificate as stipulated in Article 28 of this Law.
2. Enterprises are responsible for registering changes to the content of the Business Registration Certificate within 10 days from the date of change.
Referring to Article 28 of the Law on Enterprises 2020 as follows:
Contents of the Business Registration Certificate
The Business Registration Certificate includes the following main contents:
1. Name of the enterprise and enterprise code;
2. Address of the enterprise's head office;
3. Full name, contact address, nationality, legal document number of the individual for the legal representative of a limited liability company and a joint-stock company; for a general partner of a partnership; for the owner of a private enterprise. Full name, contact address, nationality, legal document number of the individual for the member who is an individual; name, enterprise code and head office address of the member who is an organization for a limited liability company;
4. Charter capital for companies, investment capital for private enterprises.
Whereas, Clause 16, Article 4 of the Law on Enterprises 2020 stipulates that legal documents of individuals include one of the following documents: Citizen Identity Card, People's Identity Card, Passport, or other legal personal identification documents.
Therefore, when an enterprise changes the legal document number of an individual from a People's Identity Card to a Citizen Identity Card (partnership members of a partnership company, owner of a private enterprise, legal representative of a limited liability company and a joint-stock company), it must register to change the Business Registration Certificate.
Procedure to update the chip-attached Citizen Identity Card for the legal representative on the Business Registration Certificate
Pursuant to the provisions at Point a, Clause 2, Article 63 of Decree 01/2021/ND-CP, the procedure to add information in the Business Registration Certificate is as follows:
(1) Preparing the dossier, including:
- Notice of request to update, add business registration information according to the prescribed form in Appendix II-5 issued together with Circular 01/2021/TT-BKHDT
Download Appendix II-5 here.
- A notarized copy of the new chip-attached Citizen Identity Card.- If the owner or legal representative of the enterprise does not directly submit the dossier, the authorized person must submit a power of attorney and a notarized copy of one of the following personal identification documents:
+ For Vietnamese citizens: Citizen Identity Card or People's Identity Card or valid Vietnamese Passport.+ For foreigners: Foreign Passport or a valid foreign passport replacement document.
(2) Methods of submitting the dossier:
- Submit directly at the Business Registration Office - Department of Planning and Investment where the enterprise's head office is located.- Submit the dossier via postal service.- Submit the dossier online through the National Business Registration Portal at https://dichvuthongtin.dkkd.gov.vn/inf/default.aspx
(3) Processing time
Within 03 working days from the date of receipt of a valid dossier, the Business Registration Office issues a new Business Registration Certificate for the enterprise.
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