Instructions on the procedures for notifying changes in business lines for sole proprietorships in Vietnam

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Dossier on notifying changes in business lines for sole proprietorships in Vietnam

According to the regulations in Decision 885/QD-BKHDT guiding the dossier on notifying changes in business lines for sole proprietorships under provincial administrative procedures:

- Notification of changes in business registration information signed by the legal representative of the enterprise.

Form of notification of changes in business registration information (Appendix II-1 of Circular 01/2021/TT-BKHDT): Download

- Resolutions, decisions, and copies of meeting minutes of the Board of Members for limited liability companies with two or more members, joint-stock partnerships, and resolutions, decisions of the company's owner regarding changes in business lines.

The authorized person signing the enterprise registration application may delegate another organization or individual to carry out the enterprise registration procedures:

+ In case of delegation to an individual to carry out the enterprise registration procedures, the registration dossier must include a power of attorney for the individual to perform the procedures related to enterprise registration and a copy of the authorized individual's legal documents. This power of attorney does not need to be notarized or authenticated.

+ In case of delegation to an organization to carry out the enterprise registration procedures, the registration dossier must include a copy of the service provision contract with the organization that performs the procedures related to enterprise registration, an introduction letter from that organization to the individual directly involved in the procedures related to enterprise registration, and a copy of the authorized individual's legal documents.

+ In case of delegation to a public postal service provider to carry out the enterprise registration procedures, when performing the procedures, the postal staff must submit a copy of the application submission receipt according to the form issued by the public postal service provider with the confirmed signature of the postal staff and the authorized person signing the enterprise registration application.

+ In case of delegation to a non-public postal service provider to carry out the enterprise registration procedures, the delegation is carried out as in the case of delegation to an organization.

Therefore, the dossier on notifying changes in business lines for sole proprietorships includes:

- Notification of changes in business registration information signed by the legal representative.

- Resolutions, decisions of the owner of the private enterprise regarding changes in business lines.

In case of delegation to an organization or individual to carry out the procedures, the required documents must comply with the legal regulations. The preparation of a complete and compliant dossier is necessary to ensure a smooth process for the notification of changes in business lines.

2. Procedures for notifying changes in business lines for sole proprietorships in Vietnam

The business founder or the authorized person carrying out the business registration with the Business Registration Office shall follow the following methods:

- Register the business directly at the Business Registration Office.

- Register the business through postal services.

- Register the business through electronic information networks.

* The procedures for notifying changes in business lines for sole proprietorships are as follows:

(1) In the case of direct registration or registration through postal services:

- In the case of changing business lines, the business submits the Notification to the Business Registration Office at the place where the business has its head office.

- After receiving the business registration dossier, the Business Registration Office issues a Receipt, verifies the validity of the dossier and the market access conditions for restricted sectors for foreign investors as regulated by investment laws, updates the business's business lines information in the national database on business registration. If the business has a need, the Business Registration Office issues a Confirmation of the change in the business registration information for the business.

(2) In the case of registration through electronic networks using public digital signatures:

- The applicant fills in the information declaration form, uploads electronic documents, digitally signs the business registration dossier through electronic information networks, and pays the fees and charges for business registration according to the procedure on the national portal for business registration (https://dangkykinhdoanh.gov.vn).

- After completing the submission of the business registration dossier, the applicant will receive a Receipt for the electronic submission of the business registration dossier.

- If the registration dossier meets the requirements for business registration, the Business Registration Office carries out the business registration and informs the business about the registration. If the dossier does not meet the requirements, the Business Registration Office sends an electronic notification to the business to request amendments or supplements to the dossier.

(3) In the case of registration through electronic networks using Business Registration Accounts:

- The applicant uses the Business Registration Account to fill in the information declaration form, upload electronic documents, digitally sign the business registration dossier through electronic information networks, and pay the fees and charges for business registration according to the procedure on the national portal for business registration (https://dangkykinhdoanh.gov.vn). If there is authorization for someone else to carry out the business registration procedure through electronic information networks using the Business Registration Account, the authorization document must include the contact information of the authorized person for verification of the submission of the business registration dossier through electronic information networks.

- After completing the submission of the registration dossier, the applicant will receive a Receipt for the electronic submission of the business registration dossier.

- If the registration dossier meets the requirements, the Business Registration Office issues the business registration for the business and informs the business about the registration. If the dossier does not meet the requirements, the Business Registration Office sends an electronic notification to the business to request amendments or supplements to the dossier.

(4) Publication of business registration information

- The request for publication of business registration information is made at the time the business submits the business registration dossier.

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