Changes in registration contents of RO of joint-stock companies in Vietnam

Changes in registration contents of RO of joint-stock companies in Vietnam. Profile composition of RO of joint-stock companies in Vietnam. Let us learn about this topic with LSX Law firm below:

Representative office of joint-stock companies (RO of joint-stock companies) definition in Vietnam

A representative office is a dependent unit of the enterprise; it has to represent under the authorization for the interests of the enterprise; to protect those interests organization and operation of representative offices under law.

In addition, representative offices may not conduct business directly; also may not sign economic contracts with the seal of the representative office; but still, sign the contract under the authorization of the enterprise that has opened the representative office; which will stamp the enterprise. 

Changes in registration contents of RO of joint-stock companies in Vietnam

Requirements and conditions for carrying out procedures of RO of joint-stock companies in Vietnam

• Before registering to change the address of the representative office’s head office; it is necessary to carry out the procedures with the tax agency related to the relocation under the provisions of tax law.
• Having a valid dossier; (with all documents as mentioned in the composition of the dossier and the contents of such papersfully declared under the law).
• Fully pay the business registration fee under the law on charges. 

Profile composition

Firstly, notice on registration of RO of joint-stock companies in Vietnam operations (a form of Appendix II-13 issued together with Circular 02/2019/TT-BKHDT);

Secondly, the decision of the Board of Directors on the registration of representative office operations;

Thirdly, minutes of the Board of Directors meeting on the registration of representative office operations;

Moreover, a valid copy of the decision on the appointment of the head of the representative office;

In addition, a written request for a supplement; and update of operation registration information for the representative office (a form of Appendix II-19 issued together with Circular 02/2019/TT-BKHDT); for companies operating under Investment License, Investment Certificate; or documents of equivalent legal validity, which have not yet been supplemented or updated with business registration information; to be granted business registration to replace the business registration contents in the Investment License; Investment Certificate or equivalent legal documents; (Declaring information about the enterprise according to the Application for supplementing business registration information issued together with Circular 02/2019/TT-BKHDT);

Furthermore, a valid copy of one of the valid personal identification papers of the head of the RO of joint-stock companies: Citizen identification card or People’s identity card or Passport;

Also, declaration of information of the applicant;

Additionally, Table of contents of records (in the above order);

And profile cover (of thin paperboard or rugged nylon without text for other purposes).

Finally, power of attorney to carry out business registration procedures; 

How to perform

The enterprise shall submit the notice of changes of operation registration contents of the RO of joint-stock companies in Vietnam to the business registration office; where the representative office is located; or via the electronic network according to the process on the National Business Registration Portal (https://dangkytinhdoanh.gov.vn). 

The order of execution of RO of joint-stock companies

1. In case the RO of joint-stock companies in Vietnam are relocated within the province or centrally run city where the representative office has registered

• Upon Receipt of the Enterprise’s Notice; The Business Registration Office hands over the Receipt, checks the validity of the Application, changes the operation registration information of RO of joint-stock companies in Vietnam in the National Business Registration Database; and issue a representative office operation registration certificate within 03 working days from the date of Receipt of a valid application.
• In case the enterprise has demand, the Business Registration Office shall issue a Certificate of changes in the contents of registration of representative office operations. 

2. In case the RO of joint-stock companies in Vietnam are moved to another province or centrally run city where the representative office is registered.

• Upon Receipt of the Enterprise’s Notice; The Business Registration Office where the representative office intends to move to shall hand over the Receipt, check the validity of the dossier; issue the Certificate of operation registration of the representative office for the enterprise, and send the information to the Business Registration Office where the representative office was previously located. 

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