- Situations When You Need to Change the Legal Address of Your Company
- How to Change a Company’s Registered Headquarters Address in Vietnam
- The Process of Changing A Registered Business Address after Company Registration in Vietnam
- Document Requirements for Legal Address Change
- How Cekindo can Assist with Company Registration in Vietnam
Regarding company registration in Vietnam, the Vietnamese government has announced amendments to the country’s laws regarding company formation, which include the processes and regulations in place to change the legal address of your company. Our editorial team is working hard on updating all current content on all company registration laws. Check our blog section regularly for such updates.
When business owners in Vietnam have to change their registered business address there are certain steps and required documentation that is needed.
The modified law stipulates that the requirements for changing a company’s legal business address vary based on the company’s circumstances.
The specific laws in question regarding changes to a company’s registered business addresses are as follows:
- ERC Adjustments: Article 47 of Decree 01/2021/ND-CP
- IRC Adjustments: Article 43 of Decree 31/2021/ND-CP
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If you wish to modify your legal business address in Vietnam while maintaining compliance with Vietnamese legislation, this is the guide for you.
Situations When You Need to Change the Legal Address of Your Company
There are several circumstances, whether they are compulsory or optional when a business owner needs to change the company’s legal address.
We will list the cases when you are allowed to change your registered business address in Vietnam:
- When your company requires a new address because the contract of your existing office has ended
- When you use a virtual office address and you change to a physical location
- When you move your office from one city to another in Vietnam, you will need a new address
- When a foreign parent company wants to move their head office of their branches in Vietnam from one region to another
- When the business owner decides to expand their business operations and wants to change the registered address
How to Change a Company’s Registered Headquarters Address in Vietnam
I. Procedures for changing the address of the head office of a foreign-invested enterprise (“FDI”)
include the following cases:
Case 1: The change of head office address leads to a change in the location of the company’s project as stated in the Investment Registration Certificate (“IRC”). The company must:
- Carrying out procedures for adjusting IRC
- Carrying out procedures for adjusting the Enterprise Registration Certificate (“ERC”)
Case 2: The change of the head office address but not the project implementation location of the company stated in the investment registration certificate, the Company only needs to carry out the ERC adjustment procedure.
IRC adjustment procedures
1. A dossier includes:
a) A written request for adjustment of the investment project
b) Document explaining project feasibility
c) Report on progress when the investment project reaches the time of request for adjustment of the investment project
d) Investment project proposal
e) Investor’s decision on the adjustment of the investment project
f) Documents proving that the address of the head office is legally used/owned
g) Some other legal documents
Time that the state agency approves the application: 15 days from the date of receipt of complete and valid documents
ERC adjustment procedures
Step 1: In case the change of headquarter address leads to a change of tax administration, the enterprise must carry out the relevant tax authority procedures before registering the change of address with the Business Registration Office.
Step 2: Carry out the registration procedures to change the address of headquarter, the dossier includes the following documents:
a) Notice of change of business registration contents.
b) Resolution, decision or meeting minutes of the enterprise (depending on the type of enterprise, there are different requirements or regulations).
After receiving all valid registration documents, the Business Registration Office shall issue a receipt, check the validity of the application and issue an Enterprise Registration Certificate.
The decision to change a company’s legal address must be made by the owner or the management of the company.
The decision is made at a general or special meeting and must be in records.
If the entity is a local-owned company, the Articles of Association has to be changed; and if the entity is a foreign-owned company, the address in the investment certificate ought to be replaced with the new address.
The company must file a request with regard to the change in the legal address of a company
Upon the approval of the change, the foreign company will then receive a new certificate of investment.
The Process of Changing A Registered Business Address after Company Registration in Vietnam
Please be aware of the following updates that must be carried out by your company before the process of requesting the change of address:
- Ensure the finalization of your company taxes when changing the company’s address to another district or different province.
- Carry out the procedure for reporting a change with regard to your social insurance when the company’s address is changed to another district or province.
- Prepare documents to change the company address
- Submit the documents to the Business Registration Office
- Receive a business registration certificate stating the new address of the company
- Carry out the procedure to change the company’s seal if there is information on the old legal business address on the seal
- Carry out the procedure for notification of changes in invoice information and register to continue using VAT invoices
Document Requirements for Legal Address Change
The types of documents for legal address change depends greatly on if the company applies for the change has a foreign shareholder or a local shareholder.
The procedure is less complex if the company has a local shareholder and it will be take more time if it involves a foreign shareholder.
A company with a foreign shareholder will have to provide documents such as:
- audited financial report
- residency permit of the company’s legal representative
- investment capital from any foreign investor/s
How Cekindo can Assist with Company Registration in Vietnam
Cekindo is a full-service business solutions provider, including company registration, who values relationships with you as a partner in Vietnam. We provide a comprehensive range of business consulting services including the change of company’s legal address to keep your business up and running and protect your business with peace of mind.
Our experienced advisors constantly keep abreast of the latest updates in the market and Vietnam regulations in order to recommend solutions by incorporating the latest changes.
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