Today, LSX Lawfirm will give you an article about: “Change address of the foreign-invested enterprise’s head office in Vietnam”, as follows:
Law on enterprises 2020
What means of enterprise’s head office in Vietnam?
The head office address is the place where the business is located. The concept of a business location is quite new compared to a branch or representative office for an enterprise. The address of the head office usually associated with the house number, street, commune, district, district, province where the enterprise is located.
Pursuant to the Enterprise Law 2020, the head office of a foreign-invested enterprise is the contact point of the enterprise in the Vietnamese territory. There are addresses defined. Including house number; niche; alley; alleys; city; road or village; hamlet; hamlet; communes, wards and townships; districts, urban districts, towns and provincial cities; provinces / cities under central. Can add phone number, fax number and email (if available).
Change address of the foreign-invested enterprise’s head office in Vietnam
When a foreign-invested enterprise has a need, the head office of the enterprise can change. The Tax Department managed Tax issues of foreign-invested enterprises . Therefore, when businesses need to change their headquarters to another district, they do not have to confirm their tax obligations like domestic enterprises. Only when a foreign-invested enterprise wants to change its head office address to another province, they need to carry out the procedures for closing tax on transferring the province.
When a foreign-invested enterprise wishes to change its head office, one of the following two cases should be noted:
Only the head office of the company is changed without changing the location of the project. In this case, the company only needs to change the Certificate of Business Registration (in case the foreign-invested enterprise has separated the Investment Registration Certificate and the Enterprise Registration Certificate).
Changing the address of the head office of the enterprise and at the same time changing the location of the project implementation of the enterprise recorded on the Investment Registration Certificate. In this case, the enterprise will carry out the procedures for adjusting the Investment Registration Certificate and the Business Registration Certificate.
Dossier to change the address of the head office of a foreign-invested enterprise
Dossier for adjustment of investment registration certificate
- Firstly, a written request for adjustment of the investment project;
- Secondly, proposing investment projects;
- Thirdly, report on the implementation of investment projects;
- Then, documents explaining project feasibility;
- Documents proving that the new office address is legally used/owned;
- Investor’s decision on project adjustment;
- Finally, some other legal documents
Dossier for change of business registration certificate
- Firstly, Investor’s decision on change of head office address;
- Secondly, Notice of change of business registration contents;
- Thirdly, Documents proving that the new office address is legally used/owned;
- Finally, some other legal documents
Foreign-invested enterprises in Case 1 will only need to prepare documents for changing the business registration certificate.
Foreign-invested enterprises in Case 2 will prepare both types of documents.
Procedures for changing the address of the head office of a foreign-invested enterprise
Step 1: Enterprises prepare documents according to the above instructions.
Step 2: Enterprises carry out procedures to change the investment registration certificate at the top registration management agency of the provincial/municipal Planning and Investment Department where the enterprise have headquarter or the Management Board of industrial zones if the enterprise’s head office is located in the Industrial Park. (Not applicable to businesses in Case 1).
Then, enterprises carry out procedures for changing business registration at the Business Registration Office – Department of Planning and Investment of the province/city where the enterprise is located.
Then, Post business registration information on the National Business Registration Portal;
Finally, re-issue the legal entity seal according to new information and carry out the procedures for announcing the seal sample. (In case the enterprise has not issued a change of seal according to the new regulations; or the seal shows the old district office of the enterprise).
“foreigner” means a person who has a foreign nationality according to his/her documents.
“foreign organization” means an organization established overseas under the foreign country’s laws.
“mailing address” means the address registered as the headquarters of an organization; the permanent residence, working place or another address of an individual that is registered as mailing address with an enterprise.
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