The enterprise's headquarter address is one of the information recorded on the Business Registration Certificate. When changing the headquarter address, the enterprise is responsible for notifying the business registration agency. Procedures when changing the headquarter address are carried out in accordance with the provisions of Decree No. 78/2015/NĐ-CP of Vietnam’s Government on business registration.
Article table of contents
Specifically, according to Article 40 of Decree No. 78/2015/NĐ-CP of Vietnam’s Government, procedures for relocation of headquarters address are as follows:
1. In case of changing the headquarter address to a different district:
- The application includes:
+ Notice of change in business registration content;
+ A legitimate copy of the revised charter of the company;
+ The decision of the Board of members (if the enterprise is a multi-member limited liability company), the General Meeting of Shareholders (if the enterprise is a joint-stock company), general partners (if the enterprise is a partnership), or decision of the company’s owner (if the enterprise is a single-member limited liability company) which specifies the changes in the company’s charter;
+ The legitimate copy of the minutes of meeting on relocation of the Board of members (if the enterprise is a multi-member limited liability company), the General Meeting of Shareholders (if the enterprise is a joint-stock company), general partners (if the enterprise is a partnership), or decision of the company’s owner (if the enterprise is a single-member limited liability company) which specifies the changes in the company’s charter;
+ A list of members (if the enterprise is a multi-member limited liability company); a list of authorized representatives (if the enterprise is a single-member limited liability company); a list of founding shareholders, foreign shareholders, authorized representatives of shareholders being foreign organizations (if the enterprise is a joint-stock company); or a list general partners (if the enterprise is a partnership);
+ Power of attorney in case of authorized implementation.
The application is submitted to the Business Registration Office under the Department of Planning and Investment where the enterprise plans to locate its new headquarters. The Business Registration Office will issue a Receipt, check the validity of the documents, and issue a new Business Registration Certificate to the enterprise.
- Processing duration:
The time limit for carrying out procedures related to changing business registration content is 03 working days from the date of receipt of the dossier. The business registration agency is responsible for reviewing the validity of the dossier and issuing a new Business Registration Certificate.
Notably, in case of changing the company's headquarters to another district, before registering to change the headquarters address, enterprises must carry out procedures with tax authorities related to relocation according to the provisions of tax law.
2. In case of changing the headquarter address in the same district:
- The application includes:
+ Notice of change in business registration content;
+ The decision of the Board of members (if the enterprise is a multi-member limited liability company), the General Meeting of Shareholders (if the enterprise is a joint-stock company), general partners (if the enterprise is a partnership), or decision of the company’s owner (if the enterprise is a single-member limited liability company) which specifies the changes in the company’s charter;
+ The legitimate copy of the minutes of meeting on relocation of the Board of members (if the enterprise is a multi-member limited liability company), the General Meeting of Shareholders (if the enterprise is a joint-stock company), general partners (if the enterprise is a partnership), or decision of the company’s owner (if the enterprise is a single-member limited liability company) which specifies the changes in the company’s charter;
+ Power of attorney in case of authorized implementation.
The place to submit the application and the deadline for implementation are similar to the case of changing the address to a different district. However, in case the company changes its address within the district, it does not change the tax administration agency, so it does not need to carry out tax registration procedures. Enterprises need to pay attention to the above issues to ensure proper implementation of the registration process for changing company headquarters.
Thuy Tram
- Key word:
- Decree No. 78/2015/NĐ-CP
