Registering of Changing the Headquarter Address of a private enterprise

Changing the headquarter address of a private enterprise is an important legal procedure in the business registration process in Vietnam. Businesses need to comply with regulations to complete this registration process. Researching and clarifying related guidelines is also a necessary step to ensure a smooth process. Long Phan will provide a detailed guide on how to change the main business address for a private enterprise in the following article.

What is the Address of a Private Enterprise Headquarters?

The address of a private enterprise headquarters refers to the location chosen by the company as its official place for conducting business activities. This address must be registered and recorded in the company’s records.

According to Vietnamese law, specifically Article 42 of the Law on Enterprises 2020:

“The headquarters of an enterprise must be located within the territory of Vietnam. It serves as the enterprise’s contact address and is determined according to the administrative boundary. It must include a telephone number, fax number, and email address (if available).”

Determining and registering the headquarters address is a crucial step for all private enterprises. This is the initial step in ensuring legality and authenticity in the daily management of the business.

Conditions for the Location of a Private Enterprise’s Head Office

The head office is not only the place where the business conducts its operations but also where government agencies can contact and send important notices.

Therefore, selecting the location for the head office must adhere to certain important conditions. According to Article 42 of the Law on Enterprises 2020, the address of the head office must be clearly specified. Specifically, the address must be detailed according to the following 4 administrative levels:

• House number
• Street name
• Ward/Commune/Town name
• District/County/City of Province
• Province/City directly under the Central Government.

Note that some addresses are not allowed to be used as a business head office, specifically apartments. Based on the Law on Housing 2014, apartments are classified into two types: residential apartments and mixed-use apartments.

If a private enterprise wants to use an apartment as its head office, it must clearly determine whether the apartment building is for residential use or for mixed purposes. If the apartment is located in a residential apartment building, the business is not permitted to use it as its head office.

Procedure for Changing the Headquarter Address for a Private Enterprise

Document Components for Changing the Headquarter Address of a Private Enterprise

Changing the headquarter address of a private enterprise must be conducted in accordance with legal regulations. To register the change, clients need to prepare a complete set of documents including the following:

• Notification of Changes to Business Registration Content (Form Appendix II-1 issued with Circular 01/2021/TT-BKHĐT). This notification must be signed by the legal representative of the enterprise.

Download: [Form for Notification of Change of Head Office Address of a Private Enterprise]

• Power of Attorney for the person carrying out the procedure (if applicable);
• Valid Copy of one of the legal identification documents of the authorized person (if applicable).

Reference: Article 47 of Decree 01/2021/ND-CP

Procedure for Changing the Headquarter Address

After preparing all necessary documents, clients need to follow these steps to change the address of a private enterprise’s main office:

Step 1: The enterprise submits the documents to the Business Registration Office – Department of Planning and Investment where the new office is located.

Step 2: After receiving the business registration documents, the Business Registration Office issues a Receipt and checks the validity of the documents.

Step 3: Within 03 (three) working days from receiving the valid documents, the Business Registration Office will issue a Business Registration Certificate to the enterprise as per regulations.

Notes on Changing the Headquarter Address of a Private Enterprise

Here are some important notes clients need to know when changing the address of a private enterprise’s main office:

Before registering the change of address to a different district, county, province, or centrally governed city, which leads to a change in the tax administration agency, the enterprise must complete procedures with the tax authority related to the relocation as per tax regulations.

Reference: Clause 1, Article 47 of Decree 01/2021/ND-CP

Displaying a signboard is a mandatory obligation for the enterprise. The signboard must be displayed at the main gate or the front of the office. The signboard, according to the Advertising Law 2012, must include the following basic contents:

• Name of the directly managing authority (if applicable)
• Company name, address, phone number
• Tax code

The text on the signboard must be in Vietnamese, except for international information that cannot be replaced.

Failure to display the signboard at the main office may result in a fine from 30,000,000 VND to 50,000,000 VND. Additionally, the enterprise will be required to affix the company name at the main office.

Reference: Point c, Clause 2, Article 52 of Decree 122/2021/ND-CP

After changing the main office address, the enterprise needs to update the new information on all related legal documents. This helps ensure validity and avoid legal complications during business operations.

The enterprise must notify all partners and customers about the change of the main office address. This helps maintain continuous communication and avoid interruptions in business transactions.

Consultation for Changing of Headquarter Address for a Private Enterprise

To ensure a smooth and legally compliant process, Long Phan offers professional and effective consultation services for changing the principal place of business of private enterprises. We support our clients in the following stages:

• Legal Consultation: Advise on the legal requirements to ensure the new address complies with regulations.
• Document Preparation: Guide in preparing all necessary documents for the address change procedure.
• Submission and Tracking: Represent the enterprise in submitting documents to the business registration authority and monitor the processing.
• Tax Authority Notification: Notify and update the new address with the relevant tax authority.
• Document Update: Assist in updating the new address on legal documents, contracts, invoices, the company website, and other related materials.
• Query Resolution: Address any questions related to the address change procedure.

When changing the principal place of business, clients should be aware of the legal procedural requirements. Submitting complete documents and adhering to the process is crucial for a smooth and efficient transition. For more information and assistance with business registration procedures, please contact Long Phan at Hotline 0906735386 for support.