Does the business director change his ID card to citizen identity card, does he need to update information in an application for enterprise registration in Vietnam?

Does the business director change his ID card to citizen identity card, does he need to update information in an application for enterprise registration in Vietnam?

Pursuant to Clause 2, Article 63 of Decree No. 01/2021/ND-CP on enterprise registration as follows:

2. The enterprise is obliged to update/add information to the enterprise registration certificate and application for enterprise registration as prescribed in Clause 3 Article 8 of the Law on enterprises as follows:

a) In case update or addition of information to the application for enterprise registration leads to changes in the enterprise registration certificate but does not fall into the cases prescribed in Article 47 through 55 of this Decree, the enterprise shall send a notification of updated/added information to the Business Registration Office of province where it is headquartered. When receiving the notification, the Business Registration Office shall examine the validity of received documents and issue an enterprise registration certificate to the enterprise;

b) In case update or addition of information to the application for enterprise registration does not cause any changes in the enterprise registration certificate and does not fall into the cases prescribed in Article 56 through 60 of this Decree, the enterprise shall send a notification of updated/added information to the Business Registration Office of province where it is headquartered. The Business Registration Office shall add information to the application for enterprise registration and update information on the National Enterprise Registration Database.

According to Article 28 of the Law on Enterprises 2020 provides for content of the Certificate of Enterprise Registration as follows:

A Certificate of Enterprise Registration shall contain the following information:

1. The enterprise’s name and EID number;

2. The enterprise’s headquarters address;

3. Full name, signature, mailing address, nationality and legal document number of the legal representative (for limited liability companies and joint stock companies), each partner (for partnerships), the owner (for sole proprietorships). Full name, mailing address, nationality and legal document number of each member that is an individual; name, EID number and headquarters address of each member that is an organization (for limited liability companies);

4. The charter capital (or investment capital if the enterprise is a sole proprietorship).

Thus, according to current regulations in Vietnam, when the director cum legal representative of the company changes his ID card to citizen identity card, it is a change in the number of legal papers but not in the case of making changes according to Article 47 to Article 55 of Decree 01/2022/ND-CP.

Therefore, enterprises only need to send a notice requesting to update and supplement business registration information to the Business Registration Office where the enterprise is headquartered in Vietnam.

What are cases in which notification of changes to enterprise registration information is not allowed in Vietnam?

According to Article 65 of Decree 01/2021/ND-CP stipulating cases in which application for/notification of changes to enterprise registration information is not allowed are as follows:

1. The enterprise shall not apply for/notify changes to enterprise registration information in the following cases:

a) The Business Registration Office has issued a notice that the enterprise’s violation results in revocation of the enterprise registration certificate or has issued a decision to revoke the enterprise registration certificate;

b) The enterprise is undergoing dissolution under a decision on enterprise dissolution;

c) The application or notification is refused at the request of the Court or judgment enforcement authority or investigating authority, head or deputy head of the investigating authority or investigator as prescribed in the Code of Criminal Procedures;

d) The enterprise has the “Not operate at registered address” status.

2. The enterprise shall be entitled to apply for/notify changes to enterprise registration information in the following cases:

a) The enterprise has taken remedial measures as requested in the notice of violations and such measures are accepted by the Business Registration Office;

b) The enterprise has to register some changes to enterprise registration information to serve its dissolution process and complete the dissolution dossier as prescribed. In this case, the application for changes to enterprise registration information must be enclosed with the enterprise’s explanation for changes;

c) There in a written approval given by the entity prescribed in Point c Clause 1 of this Article for the enterprise’s application for changes to enterprise registration information;

d) The enterprise has changed from “Not operate at registered address” to “operating” status.

Best Regards!