In case the company’s head office address is located in an apartment building in Vietnam

BichNgoc March 17, 2022

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Posts : In case the company’s head office address is located in an apartment building in Vietnam In the section LSX Lawfirm

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With the large increase in the number of businesses and business households in big cities, the need to choose the location of the company’s headquarters has become increasingly difficult. Many questions arise: Can the company’s headquarters be located in the apartment? LSX Lawfirm will give you an article about: “In case the company’s head office address is located in an apartment building in Vietnam”, as follows:

Legal grounds

– Enterprise Law 2020;

– Law on Housing 2014;

– Decree 99/2915/ND-CP detailing and guiding the implementation of a number of articles of the housing law;

– Decree 30/2021/ND-CP amending Decree 99/2015/ND-CP guiding the Law on Housing takes effect May 15, 2019.

In case the company’s head office address is located in an apartment building in Vietnam

Concept of company headquarters and apartment building

According to the provisions of Article 42 of the Law on Enterprises 2020, the head office of an enterprise located in the territory of Vietnam, the contact address of the enterprise and determined according to the boundary of the administrative unit; have phone number, fax number and email (if any).

Clause 3, Article 3 of the Law on Housing 2020 stipulates: “Apartment house is a house with 2 floors; or more, has many apartments, has a common passageway and stairs, has a private part; a shared part and a system of systems a system of common-use infrastructure works for households; individuals and organizations; including apartment buildings built for residential purposes and condominiums built with mixed-use purposes for living and business”.

Thus, according to the above regulations, apartment buildings built with two purposes, one is for living and the other is for mixed use for living and business. In which, the construction of houses for living prohibited from being used for non-residential purposes.

In case the company’s head office is located in a residential apartment building

According to the provisions of Clause 11 Article 6 of the Housing Law 2020, the prohibited acts:

“Using the apartment for non-residential purposes; using the area traded in the apartment building under the approved project for the purpose of trading inflammable and explosive materials, providing services that cause environmental pollution, noise or other activities that affect the environment. to the lives of households and individuals in the apartment building according to the Government’s regulations”.

Besides, Decree 99/2015/ND-CP also stipulates:

If the business registration paper issued by a competent authority states that the apartment building used as a business location; before the effective date of the Law on Housing, the organization; household or individual may issuers of this business registration document; must move their business activities to a location other than an apartment building within six months; from the effective date of this Decree;
The agency competent to issue business registration papers must carry out procedures for adjusting the business location stated in the business registration paper already granted to an organization; household or individual to another location within a time limit. specified in this Clause; Past the time limit specified in this Clause; organizations; households and individuals are not allowed to do business in the apartment

Thus, with the above provisions of the Law on Housing; it is forbidden to use the apartment building for purposes other than living. That means, business owners do not allow to locate the company’s headquarters in residential apartments. Not only applicable to companies, but also to cooperatives, business households and foreign enterprises; when there are investment projects to establish representative offices and branches in Vietnam.

In case the company’s headquarters is located in an apartment complex with mixed-use purposes for living and business

In case the company’s headquarters is located in an apartment complex with mixed-use purposes for living and business
According to the provisions of the Housing Law 2014, apartment buildings built for residential purposes and condominiums are built with mixed-use purposes for residential and business purposes.

In addition, in Clause 4, Article 3 of the Regulation on management and use of apartment buildings issued together with Circular 02/2016/TT-BXD stipulates:

Mixed-use apartment building is an apartment building designed and built used for residential purposes; and for other purposes such as offices, services, and commerce.

Thus, only when it is a mixed-purpose apartment building, it used to house the company’s headquarters. Therefore; if an organization; or individual wants to get the address of their apartment building to serve as the company’s headquarters, they need to clearly determine; what type of apartment their apartment belongs to; (apartment for the purpose of living or living in). mixed use).

So

In case the company’s head office is located in an apartment building; organizations and individuals need to present documents proving that the apartment building they are using is a “mixed-use apartment building”; in order approved by the Department of Planning and Investment. Business registration consider accepting applications. In addition, additional documents added:

A copy of the certificate of land use right of that apartment building; tenancy.
A copy of the building permit stating that the floors have the office function of the building; in which the address of the room intended used as the headquarters belongs to the floors with that office function.

Thus, from the above analysis; whether or not the company’s headquarters allowed in the apartment building depends on the intended use of the apartment building where the company’s headquarters located:

For apartments with the purpose of living, it do not allow to have the company’s head office.
For apartments with mixed purposes for living and doing business, organizations and individuals allowed to locate the head office of the company.

You can refer to the article related to Regulations on apartment ownership

Foreigners buy apartments of Vietnamese individuals

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “In case the company’s head office address is located in an apartment building in Vietnam”. If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]