Which agency should I apply for registration of relocation of headquarters address in Vietnam?
Which agency should I apply for registration of relocation of headquarters address in Vietnam? Is there a notification of changes to enterprise's name?
Hello, my company has rented a place to set up our headquarter, until now the contract is almost expired, we have built a new headquarters in another place and plan to move the company there. Now, when we change the address of our headquarter. Do we have to submit the application to the old business registration office or the business registration office where the headquarter is about to move? Please advise.
1. Which agency should I apply for registration of relocation of headquarters address in Vietnam?
Pursuant to Article 47 of Decree 01/2021/ND-CP stipulating registration of relocation of headquarters address as follows:
1. Before registration of relocation of an enterprise’s headquarters address to a district, province or central-affiliated city other than where the enterprise is headquartered which leads to change of its tax authority, the enterprise must carry out all tax procedures related to relocation in accordance with regulations of the law on taxation.
2. In case of relocation of its headquarters address, the enterprise shall send an application for changes to enterprise registration information to the Business Registration Office of the place where it will be headquartered. The application includes the following documents:
a) A notification of changes to enterprise registration information which is signed by the enterprise’s legal representative;
b) The resolution or decision of the owner of the single-member limited liability company, the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company on relocation of the enterprise’s headquarters address.
3. After receiving the application, the Business Registration Office shall give a confirmation slip to the enterprise, examine the validity of documents, and issue the enterprise registration certificate as prescribed.
4. When the enterprise relocates its headquarters, its rights and obligations are kept unchanged.
As such, your company must submit an application for changes to enterprise registration information to the Business Registration Office of the place where it will be headquartered in order to change the address of the headquarter in Vietnam.
2. Is there a notification of changes to enterprise's name?
According to Article 48 of Decree 01/2021/ND-CP stipulating registration of change of enterprise’s name as follows:
1. In case of change of its name, the enterprise shall send an application for changes to enterprise registration information to the Business Registration Office of the place where it is headquartered. The application includes the following documents:
a) A notification of changes to enterprise registration information which is signed by the enterprise’s legal representative;
b) The resolution or decision of the owner of the single-member limited liability company, the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company on change of the enterprise’s name.
2. After receiving the application, the Business Registration Office shall give a confirmation slip to the enterprise, examine the validity of documents, and issue the enterprise registration certificate to the enterprise if its new name does not contravene regulations on naming of enterprise.
3. The change of the enterprise’s name does not affect the enterprise’s rights and obligations.
According to this Article, if an enterprise changes its name, it must register changes to enterprise registration information to the Business Registration Office where it is headquartered, including a notification of changes to enterprise's name in Vietnam as prescribed.
Best Regards!
