Regulations on registration of relocation of headquarters address in Vietnam

Regulations on registration of relocation of headquarters address in Vietnam (Source: Internet)

1. What is an enterprise?

“enterprise” means an organization that has a proper name, assets, premises, is established or registered in accordance with law for business purposes. under Clause 10, Article 4 of the Law on Enterprises 2020.

2. How to determine the enterprise’s headquarters in Vietnam ?

According to Article 42 of the Law on Enterprises 2020, the enterprise’s headquarters shall be located within Vietnam’s territory, is the enterprise’s mailing address, has phone number, fax number and email address (if any).

3. Regulations on registration of relocation of headquarters address in Vietnam

The registration of relocation of headquarters address according to Article 47 of Decree 01/2021/ND-CP is as follows:

- 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.

- 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 notification of changes to enterprise registration information which is signed by the enterprise’s legal representative;

+ 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.

- 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.

 When the enterprise relocates its headquarters, its rights and obligations are kept unchanged.

4. Regulations on rights and obligations of enterprises in Vietnam

Rights and obligations of enterprises under Articles 7 and 8 of the Law on Enterprises 2020are as follows:

4.1. Rights of enterprises

- Freely engage in any business line that is not banned by law.

- Freely run the business and choose a type of business organization; choose business lines, area of operation and type of operation; change the scale of business and business lines.

- Choose the method of mobilizing, distributing and using capital.

- Freely find markets, customers and enter into contracts.

- Export and import.

- Hire employees in accordance with employment laws.

- Apply technological advances to improve business efficiency; have intellectual property rights protected in accordance with intellectual property laws.

- Acquire, use, dispose of their assets.

- Reject unlawful requests for provision of resources from other organizations and individuals.

- File complaints and participate in proceedings as prescribed by law.

- Other rights prescribed by law.

4.2. Obligations of enterprises

- Maintain the fulfillment of conditions for conducting restricted business lines and business lines restricted to foreign investors (hereinafter referred to as “restricted business lines”) prescribed by law throughout the course of business operation.

- Apply for enterprise registration; register changes to enterprise registration information; publish information about the establishment and operation of the enterprise; submit reports and fulfill other obligations prescribed by this Law.

- Take responsibility for the accuracy of information in the enterprise registration application and reports; promptly rectify incorrect information if found.

- Organize accounting works; pay taxes and fulfill other financial obligations prescribed by law.

- Protect lawful rights and interests of employees as prescribed by law; do not discriminate against or insult employees; do not mistreat or force employees to work; do not employ minors against the law;

Enable employees to improve their vocational skills through training; buy social insurance, unemployment insurance, health insurance and other insurance for employees as prescribed by law.

- Other obligations prescribed by law.

Quoc Dat

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