Procedures for registration of changes in branch/ representative office/ business location registration information in Vietnam

Procedures for registration of changes in branch/ representative office/ business location registration information in Vietnam (Internet image) 

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

1. Procedures for registration of changes in branch/ representative office/ business location registration information in Vietnam

Procedures for registration of changes in branch/ representative office/ business location registration information according to Article 62 of Decree 01/2021/ND-CP are as follows:

- Before applying for relocation of a branch or representative office which leads to change of its supervisory tax authority, the enterprise must follow tax procedures related to the relocation in accordance with regulations of the Law on taxation.

- When applying for changes to the branch/representative office/business location registration information, the enterprise shall send a notification of changes to the branch/representative office/business location registration information to the Business Registration Office of the province where the branch/representative office/business location is situated.

In case of replacement of the branch's head/chief of representative office, the notification must be accompanied with copies of legal documents of the branch's head/chief of representative office.

When receiving the notification, the Business Registration Office shall give a confirmation slip, examine the validity of documents, change the branch/representative office/business location registration information on the National Enterprise Registration Database, and issue the certificate of registration of branch/representative office/business location within 03 working days from the receipt of satisfactory documents.

The Business Registration Office shall issue a certificate of changes to the branch/representative office/business location registration information to the enterprise at its request.

- In case a branch/representative office/business location is relocated to another province, the enterprise shall send a notification of changes to the branch/representative office/business location registration information to Business Registration Office of the province to which the branch/representative office/business location is relocated.

When receiving the notification, the Business Registration Office of the province to which the branch/representative office/business location is relocated shall give a confirmation slip, examine the validity of documents and issue the certificate of registration of branch/representative office/business location.

- After a wholly state-owned enterprise issued with an enterprise registration certificate is converted into a limited liability company or a joint-stock company, its branches/representative offices/business locations must follow procedures for changes to their registration information according to regulations of Article 62 of Decree 01/2021/ND-CP.

- After a limited liability company is converted into a joint-stock company or vice versa, or a sole proprietorship is converted into a limited liability company, joint-stock company or partnership, their branches/ representative offices/business locations must follow procedures for changes to their registration information according to regulations of Article 62 of Decree 01/2021/ND-CP.

2. Procedures for notification of addition/change of business lines in Vietnam

Procedures for notification of addition/change of business lines in Vietnam according to Article 56 of Decree 01/2021/ND-CP are as follows:

- In case of addition/change of business lines, the enterprise shall send a notification to the Business Registration Office of province where it is headquartered. The application for enterprise registration shall include the following documents:

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

= 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, or the resolution or decision of the owner of the single-member limited liability company on change of business lines.

- After receiving the application, the Business Registration Office shall give the confirmation slip to the enterprise, examine the validity of documents and market access conditions applied to foreign investors in accordance with regulations of the Law on investment, and update information about the enterprise’s business lines on the National Enterprise Registration Database.

The Business Registration Office shall issue a certificate of changes to enterprise registration information to the enterprise at its request.

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