What are the regulations on the procedures for changing the name of a single-member limited liability company in Vietnam?

What are the regulations on the procedures for changing the name of a single-member limited liability company in Vietnam?

I want to ask for the procedures for changing the name of a single-member limited liability company in Vietnam. Thank you!

Answer:

1. Legal basis:

Law on Enterprises in 2020;

Decree 01/2021/NĐ-CP;

Circular 47/2019/TT-BTC.

2. Procedures and documents:

- A notification of change of business registration content signed by the legal representative of the enterprise;

- Resolutions, decisions, and copies of meeting minutes of the Members' Council for limited liability companies with two or more members, partnerships, of the General Assembly of Shareholders for joint stock companies; resolutions, decisions of the company's sole shareholder for one-member limited liability companies on changing the name of the company.

- After receiving the registration dossier for a business, the Business Registration Office will issue a receipt, check the validity of the dossier, and issue a Business Registration Certificate for the enterprise if the name of the enterprise registered for change does not violate the regulations on naming the enterprise.

- Changing the name of the enterprise does not change the rights and obligations of the enterprise.

3. Resolving agency: The Business Registration Office where the head office is located.

4. Resolving period: Within 03 (three) working days, from the date of receipt of the complete and valid dossier.

5. Fees:

VND 50,000 when submitting the dossier directly.

What are the regulations on the procedures for changing the name of a single-member limited liability company in Vietnam? - Source: Internet

Is it mandatory to attach the company name to the name of the representative office in Vietnam?

My company is in Ha Noi. It has 2 branches. Now, we want to open a representative office outside of Ha Noi. Is it mandatory to attach the company name to the name of the representative office in Vietnam?

Answer:

Pursuant to Clause 4, Article 37 of the Law on Enterprises in 2020, the regulations on the name of the enterprise are as follows:

The name of the enterprise must be attached at the head office, branch, representative office, and business location of the enterprise. The name of the enterprise must be printed or written on business papers, documents, and publications issued by the enterprise.

Therefore, in the case of your company establishing a representative office in accordance with the above regulations, the name of the enterprise must be attached at the representative office.

Is it possible to open a company while serving a suspended sentence in Vietnam?

I'm serving a suspended sentence, which will end in the next 2 months. Can I open a company at the moment?

Answer:

According to Point e, Clause 2, Article 17 of the Law on Enterprises in 2020, which regulates the right to establish, contribute capital, purchase shares, purchase capital contributions, and manage enterprises, the following organizations and individuals do not have the right to establish and manage enterprises in Vietnam:

...

Persons who are being prosecuted for criminal offenses, are being detained, are serving a prison sentence, are serving administrative punishment at a compulsory drug rehabilitation center, a compulsory education center, or are banned by the Court from holding positions, practicing professions, or doing certain jobs; other cases as prescribed by the Bankruptcy Law, the Anti-Corruption Law.

If the Business Registration Office requires it, the person registering to establish a business must submit a Criminal Record Certificate to the Business Registration Office.

Based on the above regulations, a person who is on probation is essentially a person who is being prosecuted for a criminal offense. Therefore, in our opinion, you are not allowed to establish a business while you are on probation. In addition, you can contact the competent authority for detailed guidance.

Best regards!