Procedures for changing the content of business location registration of a limited liability company

Changing the content of business location registration of a limited liability company is a necessary procedure when an enterprise makes adjustments to location, industry or information related to dependent units. Correct and timely implementation helps the company ensure legality, avoid administrative sanctions, and facilitate operations and transactions, as well as increase reliability with customers and partners.

When is it necessary to notify changes in the company’s business location registration?

According to the provisions of Article 62 of Decree 01/2021/ND-CP, enterprises are obliged to notify changes in the content of business location registration when changes in registered information arise. Notification of this change must be done promptly, ensuring the accuracy of business information on the national business registration system.

Cases requiring procedures to change the content of business location registration include:

• Change of business location address;
• Change of leader;
• Change the name of the business location;
• Change business lines at business location
• Or other information registered with competent state agencies…

Business location, according to the provisions of Clause 3, Article 44 of the Law on Enterprises 2020, is the place where an enterprise conducts specific business activities. Enterprises can only establish business locations in the province or centrally run city where their head office or branch is located. The business location must be the place where the enterprise’s business activities take place and must not coincide with the head office.

>>> Reference: Changing the content of registration of a representative office of a limited liability company.

Procedures for changing the content of business location registration of a limited liability company

Documents and procedures for changing the content of registration of business location of a limited liability company are specified as follows:

Documents need to be prepared

According to the provisions of Article 62 of Decree 01/2021/ND-CP, the dossier to change the content of business location registration of a limited liability company needs to include the following documents:

1. Notice of change in business location registration content (according to the form Appendix II-9 issued with Circular 01/2021/TT-BKHDT) signed by the legal representative of the managing enterprise.
2. In case the enterprise is operating under an Investment License, Investment Certificate or documents of equivalent legal value and has not supplemented or updated business registration information, a written request to supplement and update operating registration information for the business location is required (according to the form). Appendix II-15 issued together with Circular 01/2021/TT-BKHDT).
3. Authorization document for the person to carry out the procedure (if the applicant is not the legal representative of the enterprise).
4. Valid copy of one of the authorized person’s personal identification documents:

• For Vietnamese citizens: Citizen identification card or ID card or valid Vietnamese Passport.
• For foreigners: Foreign passport or valid document replacing a valid foreign passport.

Note: Before registering to change the address of a representative office, leading to a change in the management tax authority, the enterprise must carry out tax procedures with the tax authority related to the relocation according to the provisions of tax law.

Procedures carried out

The procedure for changing the content of business location registration of a limited liability company is carried out as follows:

Step 1: Submit application

Businesses can submit applications by one of two methods:

• Submit directly to the One-Stop Department of the Business Registration Office under the Department of Planning and Investment where the business location is located.
• Submit your application online via the National Business Registration Portal (https://dangkykinhdoanh.gov.vn).

Note: In case of moving the address of the business location to another province or centrally run city where the business location is registered, the enterprise needs to send a Notice of change in the business location registration content to the Business Registration Office where the business location is intended to be moved.

Step 2: Process documents

As soon as the registration application is received, the Business Registration Authority will issue a receipt and schedule to return the results to the applicant.

The business registration agency checks the validity of the dossier. Within 03 working days from the date of receiving valid documents, the Business Registration Office is responsible for changing the business location registration information in the National Business Registration Database and issuing an amended Business Location Registration Certificate.

In case the enterprise needs, the Business Registration Office will issue a Certificate of change in the content of business location registration.

In case the dossier is not valid, the Business Registration Authority will request the enterprise to amend and supplement the dossier and review it again.

Step 3: Get results

After completing the procedure, the applicant will receive the results at the One-Stop Department of the Business Registration Office or via postal service (if submitting the application online). When receiving results, you need to present:

1. Receipt;
2. Personal legal documents of the applicant.

Special conditions for some content changes

Below are some notes when changing business location registration information:

Change business location address

When changing the business location address, businesses need to pay attention to the following legal requirements:

According to Article 42 of the Law on Enterprise 2020, the enterprise address must be determined according to the administrative unit boundaries. This change of address must ensure compliance with regulations on business location according to Article 44 of the Law on Enterprise 2020.

In addition, in case of changing address to another province/city, the procedures will be different. Enterprises need to submit documents at the Business Registration Office where they intend to move, not where the old business location is located.

The address of the business location must be clearly shown, specifically including: House number + street name + name of town/ward/commune + town/district/provincial city + province/centrally-run city.

Change of head of business location

When changing the head of the business location, the enterprise needs to provide complete information about the new head in the Notice of change in business location registration content (according to the form Appendix II-9).

The head of the business location must meet the conditions prescribed by the law on enterprises and not be subject to being banned from managing an enterprise as prescribed in Article 17 of the Law on Enterprises 2020.

Change business lines at business location

When changing business lines at the business location, businesses need to ensure that the new lines of business must be within the scope of the business’s registered business lines.

For conditional business lines, enterprises can only do business when they meet the conditions prescribed by law and must ensure that they meet those conditions throughout their operation. Changing conditional business lines must ensure compliance with specialized legal regulations.

>>> See more: Procedures for changing the content of JSC branch registration.

Frequently asked questions about changing business location registration content

Below are some frequently asked questions and our answers, please refer to:

How long does it take for a business to notify changes in business location registration?

According to the provisions of Article 62 of Decree 01/2021/ND-CP, enterprises must notify changes to the business location registration content within 10 working days from the date of change. This notification needs to be done promptly to ensure the legality of the enterprise’s business activities.

How much does it cost to carry out procedures to change the content of business location registration?

The cost of carrying out the procedure to change the current business location registration content is 100,000 VND. This is the administrative fee paid at the business registration office or through the online payment service if the application is submitted electronically. In addition, businesses may incur additional costs such as document notarization and translation (for documents in foreign languages), if any.

What are the legal consequences if you do not carry out the procedure to change the business location registration content?

Enterprises that do not carry out procedures to change the content of business location registration may be subject to administrative fines ranging from 5 million to 10 million VND according to the provisions of Decree 122/2021/ND-CP. In addition, businesses may also encounter difficulties in business transactions due to inaccurate legal information, especially in transactions with state agencies, banks or business partners.

Common errors when carrying out procedures to change business location registration content?

Some common errors include: not filling out complete information in the notification form; The new address is not in the correct format according to regulations (lack of information about ward/commune, district); Failure to carry out procedures with tax authorities before changing location; failure to provide documents proving the right to use the new location (such as a lease contract); and not validly authorizing the person performing the procedure (if not a legal representative).

Can I register to change the content of business location registration online?

Yes, businesses can completely register to change the content of business location registration online through the National Business Registration Portal at address https://dangkykinhdoanh.gov.vn. To perform online procedures, the legal representative of the business needs a digital signature and a login account on the system. Applying online helps save time, travel costs and can easily track application processing progress.

After completing the procedure to change the business location registration content, what should businesses do?

After completing the procedures, businesses need to do the following: notify the tax authority of the new address (if not done yet); Update new information on publications, documents, and corporate websites; Notify partners and customers about the change of location; Carry out procedures to change information on the seal (if there is an address); and carry out procedures to adjust conditional business licenses (if any) at specialized agencies.

For foreigners working as heads of business locations, what documents need to be provided?

For foreigners working as heads of business locations, in addition to a valid passport, additional documents proving legal status are required such as: valid visa or temporary residence card; Work permit (if required to have a work permit according to Vietnamese law). These documents, if in a foreign language, must be notarized into Vietnamese and consular legalized in accordance with Vietnamese law.

Is it required to have a separate seal for the business location?

No, having a separate seal for your business location is not a mandatory requirement according to the law. Business locations can use the host company’s seal in transactions. However, if an enterprise wants its business location to have its own seal for operational convenience, the enterprise has the right to decide on the engraving and management of the seal according to the provisions of Article 43 of the Law on Enterprises 2020.

Consulting services on procedures for changing the content of business location registration at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive consulting services on procedures for changing the content of business location registration for limited liability companies. With a team of experienced experts, Long Phan Consulting Company supports businesses in the following tasks:

• Consulting on cases where procedures for changing the content of business location registration must be carried out.
• Assist in preparing and drafting complete and accurate documents according to legal regulations.
• Business representatives carry out application procedures and work at the business registration agency.
• Track the progress of processing documents and receive results.
• Consulting to resolve problems that arise during the implementation of procedures.

Long Phan’s consulting services help businesses save time, resources and ensure procedures are carried out in accordance with legal regulations. In particular, for businesses with multi-location business activities or frequently changing business locations, using consulting services will help optimize the process of implementing administrative procedures.

Conclude

Procedures for changing the content of business location registration of a limited liability company require strict compliance with corporate law regulations. Customers need to prepare complete and accurate documents and follow the correct process to ensure the procedure is resolved quickly. If you have difficulty during the implementation process, do not hesitate to contact Long Phan Consulting Company via the hotline 1900636389 for timely and professional support.