Procedures for changing the address of a representative office in Vietnam

BichNgoc March 29, 2022

0 4 phút đọc

Posts : Procedures for changing the address of a representative office in Vietnam In the section LSX Lawfirm

You are interested in Procedures for changing the address of a representative office in Vietnam so let's go Lsxlawfirm.com check out the following article!

Currently, enterprises establishing representative offices in localities are increasing rapidly because of the need to expand business, investment and development markets. Therefore, it may happen that the enterprise implements the procedure to change the address of the representative office, so how should the procedure to change the address of the representative office be done? LSX Lawfirm will give you an article about: “Procedures for changing the address of a representative office in Vietnam”, as follows:

Legal grounds

Enterprise Law 2020;

Decree 01/2021/ND-CP on enterprise registration;

Circular 01/2021/TT-BKHDT guiding business registration;

Legal regulations on change of representative office address in Vietnam

According to Clause 2, Article 44 of the Enterprise Law 2020, it is stipulated:

“2. A representative office is a dependent unit of the enterprise, which has the task of representing by authorization for the interests of the enterprise and protecting those interests. Representative offices do not perform business functions of enterprises”

According to the provisions of Article 62 of Decree 01/2021/ND-CP, we have the following cases of change of representative office address:

(1) Change of representative office address in the same district, registered representative office district. This change does not change the tax authority;

(2) Change the address of the representative office to another province or city directly under the Central Government where the representative office has registered. The case of changing the date leads to a change in the tax authority.

Procedures for changing the address of a representative office in Vietnam

In case of changing the address of a representative office in the same district

According to the provisions of Article 62 of Decree No. 01/2021/ND-CP, the procedure for changing the address of the representative office in this case includes the following steps:

Step 1: Enterprise sends a Notice of change of representative office address to the Business Registration Office; where the representative office is located. If the dossier changes the head of the representative office; the notice must be accompanied by a valid copy of the legal papers of the individual for the head of the representative office;

Dossier for registration of change of representative office’s address include the papers mentioned in Section IV.;

Step 2: When receiving the Notice of registration of operation change of the representative office of the enterprise; the Business Registration Office shall award a receipt and check the validity of the application. In case the application is not valid, the Business Registration Office shall issue a written notice clearly stating the reason;

Step 3: When the application is valid; the Business Registration Office will change the registration information to change the address of the representative office in the National Business Registration Database. In case the enterprise needs; the Business Registration Office shall issue a Certificate of the change of the address of the representative office for the enterprise;

Note: In case of changing the address of the representative office in the same district as the representative office; where the business is registered, it will not change the tax administration agency, so in this case; the enterprise does not have to carry out tax procedures for tax authorities related to the relocation in accordance with the provisions of tax law.

In case the representative office’s address is changed to another province or centrally run city where the representative office has registered

According to the provisions of Clause 3, Article 62 of Decree No. 01/2021/ND-CP, the procedure for changing the address of the representative office in this case includes the following steps:

Step 1: So. the enterprise sends the Notice of change of the business location registration content to the Business Registration Office where the business location moves to;

Step 2: So, upon receipt of the Enterprise’s Notice, the Business Registration Office; where the business location is located will hand over the Receipt and check the validity of the application. In case the application is not valid, the Business Registration Office shall send a written notice clearly stating the reason;

Step 3: So, the Business Registration Office issues the Business Location Registration Certificate to the enterprise.

Note: In this case, before registering for a change in the address of the representative office leading to the change of the tax authority; the enterprise must carry out tax procedures with the tax authority related to the transfer; location as prescribed by tax law.

Time limit for settlement

03 (three) working days from the date of receipt of valid application

Number of records

01 (one) set

Service for setting up branches and representative offices in Vietnam

Procedures for changing the legal representative of Vietnam

Representative office – points to note according to Vietnamese law

Related questions

Application for travel service business operations?

An application for a domestic travel service business license.
Authenticated copy of Business Registration Certificate.
Certificate of deposit for travel service business;
Authenticated copy of the decision or the labor contract between the company and the person in charge of the travel service.
Lastly, Authenticated copy of degree or certificate of the person in charge of travel service.

Documents to prepare to establish a representative office?

Article 10, Decree 07/2016/ND-CP: A dossier of application for a license to establish a representative office of a foreign trader includes:
Firstly, an application form for a license to establish (certified by the foreign trader);
A copy of the business registration certificate or equivalent document of the foreign trader (in case the copy of the passport of the head of the representative office is a foreigner must translate into Vietnamese and translated into Vietnamese). consular certification or legalization in accordance with Vietnamese law);
Letter of appointment/appointment of the head;
Fourthly, a copy of the audited financial statement or a written certification of the performance of tax or financial obligations. In the most recent fiscal year or an equivalent document proving the existence and operation of the Company. Foreign traders in the most recent financial year;
Copy of passport or identity card or citizen identification card (if Vietnamese) or passport copy (if foreigner) of the head of the representative office;
Contract to locate the head office of the representative office.
Note: Documents submitted to the licensing agency must translate into Vietnamese and legal in accordance with Vietnam’s regulations.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Procedures for changing the address of a representative office in Vietnam”. If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]