The legal representative of the enterprise is responsible for registering the change of the head office address of the enterprise when there is a change.
The service of changing the business address is a service in which VinaSC Group will conduct consulting activities and carry out procedures to register changes in investment registration content/enterprise registration content in accordance with the law. With many years of experience and a team of high-quality personnel, Vinasc Group is confident in being able to provide customers with the most professional, fast, and effective service.
I. SERVICE PROVISION PROCESS AT VINASC:
Step 1: VINASC receives basic information about the change of the company’s address
- Proposed new address.
- Vinasc will review the specific legal requirements involved to develop a service implementation plan:
+ Case 1: The new address is in the same district/province as the previous head office address (does not change the tax authority).
+ Case 2: The new address is in a different district/province from the previous head office address (changes the tax authority).
Step 2: Prepare necessary dossier
- The two parties discuss and agree on the content of the service, then Vinasc bases on them to prepare the necessary documents to hand over to the business for authentication.
- Vinasc receives the complete authenticated dossier along with the documents that the business needs to prepare to complete the dossier.
Step 3: Submit the application to the competent authority as prescribed
- *Case 1: Change of address does not change the tax authority
+ Submit the application for amending the Enterprise Registration Certificate to the business registration authority.
+ Submit the application for amending the Investment Registration Certificate to the investment registration authority. - *Case 2: Change of address changes the tax authority.
+ Submit the application for amending the Enterprise Registration Certificate to the business registration authority.
+ Carry out procedures and complete obligations with the tax authority.
+ Submit the application for amending the Investment Registration Certificate to the investment registration authority.
Step 4: Track the processing of documents
- VINASC monitors the dossier processing process step by step and reports the progress to the business as requested. In case of need to modify, supplement information, documents, Vinasc is responsible for completing it as soon as possible to limit work interruption.
Step 5: Complete the service & Deliver the results to the client
- Review all the steps of the service implementation to ensure that the service has been completed comprehensively
- Transfer to the business the specific results that Vinasc collects on behalf of the business during the service provision process.
II. SPECIFIC RESULTS
– New Investment Registration Certificate (IRC)
– New Enterprise Registration Certificate (ERC)
III. ESTIMATED IMPLEMENTATION TIME
– Applying for Investment Registration Certificate: 25-30 working days
– Applying for Enterprise Registration Certificate: 05-07 working days
– Procedures with the tax authority: Depends on the enterprise’s compliance with the law and the processing time of the tax authority.
The estimated time above is calculated from the date Vinasc receives the full application as requested and sent to you.
Besides, depending on the needs of customers, VinaSC often advises and supports investors to control well the contents related to the above services such as tax-accounting, labor, social insurance, salary, sub-licenses… fully and ensure compliance with the laws in Vietnam that you can refer to.
Please contact VinaSC for the best advice and support for the above services.
IV. DETAILED INSTRUCTIONS
*Note the following conditions for the company’s headquarters to make a suitable choice:
– The company’s headquarters must not be an apartment building or a collective house.
– The company’s headquarters needs to have documents proving ownership and purpose to avoid risks later.
– For apartments allowed for business (shophouse apartments, officetel apartments, etc.), the enterprise needs to have documents proving that the head office address is not a residential apartment, such as:
+ Project approval decision of a competent government agency (detailing that the registered head office of the enterprise does not belong to an apartment building);
+ Confirmation from the project investor, the apartment building management board that the address of the head office that the enterprise intends to register does not belong to an apartment building;
+ Transfer contract, head office lease contract, confirmation from the People’s Committee of the commune/ward/townlet stating that the address of the head office that the enterprise intends to register does not belong to an apartment building.
*Comprehensive List of Required Documents
| Case 1: New address in the same district/county/province as the current registered address (no change in tax authority management) | ||||
| No. | Required documents | Implementer | ||
| Customer
(1) |
Vinasc Group (2) | Vinasc Group handles on behalf of our client (3) | ||
| 1 | Copies of Documents proving legal head office address:
– Head office lease agreement; – Confirmation from the project investor / Approval Decision of the state agency… |
X | X | |
| 2 | Application for adjustment of company head office address:
1. Notice of change of enterprise registration content; 2. Minutes of meeting (if any); 3. Decision to change the company address; 4. Power of attorney. |
X | ||
| 3 | Application for adjustment of investment project implementation location:
1. Request for investment project adjustment; 2. Investment project proposal; 3. Project implementation progress report; 4. Power of attorney. |
X | ||
| Case 2: New address in a different district/county/province from the current registered address (changes the tax authority management) | ||||
| No. | Required documents | Implementer | ||
| Customer
(1) |
Vinasc Group (2) | Vinasc Group handles on behalf of our client (3) | ||
| 1 | Copies of Documents proving legal head office address:
– Head office lease agreement; – Confirmation from the project investor / Approval Decision of the state agency… |
X | X | |
| 2 | Application for adjustment of company head office address:
1. Notice of change of enterprise registration content; 2. Minutes of meeting (if any); 3. Decision to change the company address; 4. Power of attorney. |
X | ||
| 3 | Application for adjustment of investment project implementation location:
1. Request for investment project adjustment; 2. Investment project proposal; 3. Project implementation progress report; 4. Power of attorney. |
X | ||
| 4 | Application for change of address with the tax authority:
1. Tax declaration form. 2. Power of attorney/Letter of introduction. |
X | ||
(*) According to the procedure, the customer is responsible for completing the documents in column (1), and Vinasc will be responsible for completing the documents in column (2).
(*) In some cases, if the customer has difficulty preparing the documents, Vinasc can complete the documents in column (3) on their behalf. However, in this situation, we must examine each specific case and the following issues may arise:
– Additional document preparation costs (these costs will vary depending on the government agency and the legal regulations in Vietnam at each stage)
– Additional time required to prepare these documents
(*) During the preparation process, the customer should send a scanned copy of all the above documents in advance so that we can prepare the documents in a timely manner.
(*) In some special cases, the government agency may request additional information to supplement the documents.
V. RISK WARNING
Article 44 of Decree 122/2021 states as follows:
“1. A warning shall be given for the act of violating the deadline for registering changes to the contents of the Enterprise Registration Certificate, registering changes to the contents of the registration of activities of branches, representative offices, and business locations exceeding the prescribed time limit from 01 day to 10 days.
- A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for the act of violating the deadline for registering changes to the contents of the Enterprise Registration Certificate, registering changes to the contents of the registration of activities of branches, representative offices, and business locations exceeding the prescribed time limit from 11 days to 30 days.
- A fine of between 5,000,000 VND and 10,000,000 VND shall be imposed for the act of violating the deadline for registering changes to the contents of the Enterprise Registration Certificate, registering changes to the contents of the registration of activities of branches, representative offices, and business locations exceeding the prescribed time limit from 31 days to 90 days.
- A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for the act of violating the deadline for registering changes to the contents of the Enterprise Registration Certificate, registering changes to the contents of the registration of activities of branches, representative offices, and business locations exceeding the prescribed time limit from 91 days or more.
- A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for the act of not registering changes to the contents of the Enterprise Registration Certificate, registering changes to the contents of the registration of activities of branches, representative offices, and business locations.”
In addition, the enterprise is obliged to remedy the consequences: register changes to the contents of the Enterprise Registration Certificate in case the change has not been registered in accordance with regulations.