CHANGING THE COMPANY’S HEAD OFFICE

CHANGING THE COMPANY'S HEAD OFFICE | Business Law

Address of the company’s headquarters is the place where transactions are conducted and contacts with customers and partners. The address of the enterprise’s head office must be located in the territory of Vietnam and the address must be determined including the number of houses, alleys, alleys, alleys, streets, roads or hamlets, neighbors, hamlets, communes, wards, towns, districts and districts. , towns, provincial cities, provinces and centrally run cities; telephone number, fax number and email (if any).
During the course of its production activities, for various reasons, the enterprise needs to change its head office address. This requires the business to carry out the procedures with the business registry to change the information in the business license.

1. Procedures for changing company headquarters in the same district, town or provincial city (hereinafter referred to as district level)
Step 1: Prepare documents including:
+ Notice of changing the content of registration of enterprise moving company headquarters;
+ The record of changing the enterprise registration content for moving the company’s head office (for limited liability companies and joint stock companies);
+ Decision on changing the contents of enterprise registration for relocation of company headquarters;
+ Power of attorney for the person to carry out the procedures for changing the business registration (if not being the legal representative);
+ Old business registration certificate.
Step 2: Submit the application and then receive the result of the business registration certificate within 3 working days from the date of receipt of the application, the Business Registration Office will complete the settlement result and transfer it to the One-stop-shop Division. Business registration to return results (if the dossier is valid).

2. Order of carrying out procedures for changing headquarters of a company other than the district
Step 1: Carry out tax closing procedures with tax authorities
According to Decree No. 78/2015 / ND-CP guiding the Law on Enterprises 2014: “Before registering a change of address of head office, enterprises must carry out procedures with tax authorities related to relocation. in accordance with tax laws. ”
– A tax finalization dossier comprises:
+ Minutes of meeting on changing the business registration of relocating to another district office.
+ Decision on changing the business registration of moving the head office.
+ Official dispatch sent to the tax administration agency about the request for tax finalization due to the relocation of the Company’s head office.
+ Certified copy of business registration certificate.
+ Letter of introduction for people to apply.
Step 2: Follow procedures for changing business registration at Business Registration Office
– Profile include:
+ Written confirmation of no tax debt granted by the tax office to the enterprise when the tax closing procedure is completed.
+ Notice of changing the content of business registration for moving the company’s head office.
+ The record of changing the enterprise registration content for moving the company’s head office (for limited liability companies and joint stock companies).
+ Decision on changing the contents of enterprise registration for relocation of company headquarters.
+ Power of attorney for the person to carry out the procedures for changing the business registration (if not being the legal representative).
+ Old business registration certificate.
Step 3: Submit the application and then receive the result of the business registration certificate within 3 working days from the date of receiving the application, the Business Registration Office will complete the settlement results and transfer to the One-stop-shop Division. Business registration to return results (if the dossier is valid).
Step 4: Carve the seal and notice the seal pattern change
After an enterprise is granted an enterprise registration certificate with the new head office’s name, the enterprise shall carry out procedures for carving a new seal and post a new seal notice on the National Business Registration Portal.

3. Order of implementing procedures to change corporate headquarters in a different province or city
Step 1: Enterprises carry out tax closing procedures with the old tax authorities
Similar to changing a head office of an enterprise other than the district before registering to change the address of the head office in the case of a different province or city, the enterprise must carry out tax closing procedures with the tax administration agency.
Step 2: The enterprises carry out the procedures for changing the business registration at the business registration office where they move
– Documents about changing headquarters of a company different from other provinces and cities
+ Notice of change of business registration using the form.
+ Decision and a valid copy of the meeting minutes of the Members’ Council, for limited liability companies with two or more members, of the General Meeting of Shareholders, for joint stock companies and partners. with partnerships; decision of the company owner with the one member limited liability company. The decision and meeting minutes must clearly state the amendments in the company’s charter.
+ Power of attorney for the person to carry out the procedures for changing the business registration (if not being the legal representative).
+ Old business registration certificate.
Step 3: Submit the application and then receive the result of the business registration certificate within 3 working days from the date of receiving the application, the Business Registration Office will complete the settlement results and transfer to the One-stop-shop Division. Business registration to return results (if the dossier is valid).
Step 4: Carve the seal and notice the seal pattern change
After an enterprise is granted an enterprise registration certificate with the new head office’s name, the enterprise shall carry out procedures for carving a new seal and post a new seal notice on the National Business Registration Portal.
Legal grounds:
– Enterprise Law 2014;
– Decree 78/2015 / ND-CP dated September 14, 2015;
– Circular No. 20/2015 / TT-BKHDT dated December 1, 2015;
– Circular 02/2019 / TT-BKHDT dated January 8, 2019;
– Circular No. 47/2019 / TT-BTC dated August 5, 2019

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