Cases in which application for/notification of changes to enterprise registration information is not allowed in Vietnam

Cases in which application for/notification of changes to enterprise registration information is not allowed in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases in which application for/notification of changes to enterprise registration information is not allowed in Vietnam

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

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

+ 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;

+ The enterprise is undergoing dissolution under a decision on enterprise dissolution;

+ 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;

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

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

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

+ 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;

+ There in a written approval given by the entity prescribed in Point c Clause 1 of Article 65 of Decree 01/2021/ND-CP for the enterprise’s application for changes to enterprise registration information;

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

2. Updating information in an application for enterprise registration in Vietnam

Article 63 of Decree 01/2021/ND-CP stipulates updating information in an application for enterprise registration as follows:

- When applying for or notifying changes to enterprise registration information, the enterprise shall add information about the enterprise's telephone number to the application.

In case an enterprise fails to provide its telephone number, its application for/notification of changes to enterprise registration information shall be considered invalid.

- 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:

+ 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 Decree 01/2021/ND-CP, 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;

+ 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 Decree 01/2021/ND-CP, 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.

 The enterprise must not pay fees/charges for enterprise registration when updating/adding information about its telephone number, fax number, email address, website or address due to changes in administrative divisions and in the case prescribed in Point b Clause 2 of Article 63 of Decree 01/2021/ND-CP.

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