Instructions on registration of relocation of headquarters address of the enterprise in Vietnam

Instructions on registration of relocation of headquarters address of the enterprise in Vietnam (Internet image)

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

1. Instructions on registration of relocation of headquarters address of the enterprise in Vietnam

Instructions on registration of relocation of headquarters address of the enterprise according to Article 47 of Decree 01/2021/ND-CP are 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.

2. Online application for enterprise registration in Vietnam

Online application for enterprise registration in Vietnam according to Article 43 of Decree 01/2021/ND-CP is as follows:

- An online application for enterprise registration shall contain the information prescribed in this Decree and shown in the form of an electronic document. An online application for enterprise registration shall have the same legal validity as a physical one.

- Electronic document is a document in the data form created or digitalized from the paper document, which contains the exact and complete information on the paper document. The electronic document is in the .doc, .docx or .pdf format.

- An online application for enterprise registration shall be accepted if it meets all of the following requirements:

+ There are sufficient electronic documents with complete contents as paper documents. Names of electronic documents must be relevant to names of paper documents.

The person competent to sign the application form for enterprise registration, members, founding shareholders, shareholders that are foreign investors or other individuals that sign documents included in the application for enterprise registration may use digital signatures to sign electronic documents or append their signatures to paper documents which then shall be scanned in the formats prescribed in Clause 2 of Article 43 of Decree 01/2021/ND-CP;

+ Enterprise registration information provided on the National Business Registration Portal must be adequate and accurate as that in paper documents, and includes information about telephone number and email address of the applicant;

+ An online application for enterprise registration must be authenticated with public digital signature or business registration account of the person competent to sign the application form for enterprise registration or his/her authorized person.

In case of authorization to following procedures for enterprise registration, the application for enterprise registration must include the documents specified in Article 12 of Decree 01/2021/ND-CP.

- The enterprise is required to revise/complete its online application for enterprise registration within 60 days from the date on which the Business Registration Office gives a notification of necessary revisions.

Over the abovementioned deadline, if the enterprise fails to complete its online application for enterprise registration as requested, the Business Registration Office shall cancel the received application according to the process on the National Enterprise Registration Information System.

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