Changing the Registration Content of an Asset Auction Enterprise Branch

The guide on Changing the Registration Content of an Asset Auction Enterprise Branch helps units proactively update information when there are adjustments to the headquarters or the head of the branch, thereby ensuring operations are implemented smoothly and in accordance with regulations. This article summarizes current regulations and provides specific instructions to help clients perform the procedure quickly and lawfully.

Cases involving changes to the registration details of a branch of an asset auction business.

According to Article 29 of the Law on Asset Auctions 2016 (amended and supplemented in 2024), an asset auction enterprise must perform the procedure to change the branch’s operation registration content when:

• The branch changes its headquarters address within the same province/centrally-run city.
• The branch changes the Head of the Branch.
• The branch changes its headquarters address from one province/centrally-run city to another.

The competent authority receives the application for changes to the registration details of the branch of the asset auction enterprise.

For the asset auction sector, the state management authority at the local level belongs to the Department of Justice:

• Change within the same province/Change of Head: The competent authority is the Department of Justice where the branch is registered.
• Change to another province: The competent authority is the Department of Justice where the branch locates its new headquarters.

This applies to cases where a branch of an asset auction business changes its head office address within the same province or centrally-governed city; or changes the branch manager.

When the branch changes its address within the same province/city or appoints a new Head, the procedure is as follows:

Required Dossier for amending the business registration details when a branch of an asset auction company changes its head office address within the same province or centrally-governed city; or changes the Branch Manager.

Required Dossier (Clause 5, Article 29, Law on Asset Auctions 2016, amended 2024)

1. Request for change of operation registration: Using Form TP-DGTS-09 (Circular 19/2024/TT-BTP).
2. For changing the Head: A certified copy, electronic certified copy, or copy with the original for comparison of the Auction Practice Certificate of the new Head.

Implementation Sequence Step 1: Within 10 working days from the decision date, the enterprise sends the request to the Department of Justice. Step 2: Within 05 working days from receipt, the Department of Justice decides on the change and re-issues the Operation Registration Certificate. Refusals must be in writing with reasons.

Procedures for changing the registration details when a branch of an asset auction business changes its head office address within the same province or centrally-governed city; or changes the Branch Manager.

Moving the branch headquarters to another province essentially involves terminating operations in the old locality and registering in the new one.

Required Dossier (Clause 6, Article 29, Law on Asset Auctions 2016, amended 2024)

1. Request for change of operation registration: Using Form TP-DGTS-09 (Circular 19/2024/TT-BTP).
2. Current Registration: A certified copy, electronic certified copy, or copy with the original for comparison of the issued Operation Registration Certificate.

Implementation Sequence Step 1: Within 10 working days from the decision date, the enterprise sends a notification to the Department of Justice of the old location and sends the request (with the dossier) to the Department of Justice of the new location. Step 2: Within 05 working days from receiving a valid dossier, the Department of Justice of the new location issues the Operation Registration Certificate and notifies the Department of Justice of the old location.

Case of Changing Branch Headquarters Address to Another Province/Centrally-run City

Transferring the branch headquarters to another province essentially involves terminating operations in the former locality and registering operations in the new one. Consequently, this process is more complex and requires close coordination between the enterprise and two state management agencies as prescribed in Clause 6, Article 29 of the amended Law on Asset Auctions.

Required Dossier

When an asset auction enterprise branch changes its headquarters address from one province/centrally-run city to another, the dossier must be prepared according to Clause 6, Article 29 of the Law on Asset Auctions 2016 (amended and supplemented in 2024) as follows:

1. Request for change of operation registration: Using Form TP-DGTS-09 issued with Circular No. 19/2024/TT-BTP.
2. Current Registration: A certified copy, electronic certified copy, or copy accompanied by the original for comparison of the issued Branch Operation Registration Certificate.

Implementation Sequence

The sequence for changing the registration content when the branch moves to another province/centrally-run city is performed according to the following steps:

Step 1: Submission Within 10 working days from the date of the decision on the change, the asset auction enterprise must:

• Send a notice of the change of branch address to the Department of Justice where the branch is currently registered; AND
• Send the request for address change accompanied by the certified copy (or valid equivalent) of the issued Branch Operation Registration Certificate to the Department of Justice where the branch establishes its new headquarters.

Step 2: Processing & Issuance Within 05 working days from the date of receiving a complete and valid dossier, the Department of Justice where the branch establishes its new headquarters shall:

• Grant the Operation Registration Certificate to the branch;
• Send a notice to the Department of Justice where the branch had its former headquarters.

In case of refusal, the Department must notify the reason in writing. An enterprise refused the Operation Registration Certificate for its branch has the right to complain or file a lawsuit according to the law.

>>> See more at: Registering the operation of an asset auction enterprise branch in 2024

Long Phan Consulting provides consulting services for procedures related to changing the registration details of a branch of an asset auction business.

Long Phan Consulting Company provides comprehensive support services for Changing the Registration Content of an Asset Auction Enterprise Branch:

• Consulting & Evaluation: Assessing the dossier for changing registration content.
• Dossier Preparation Support: Assisting in preparing documents according to regulations.
• Representation: Submitting the dossier to the competent state agency.
• Monitoring & Explanation: Tracking progress and working directly with agencies to explain the dossier.
• Supplementation: Handling requests for additional information.

Frequently Asked Questions

Below, Long Phan Consulting provides some frequently asked questions regarding the procedures for changing the registration details of a branch of an asset auction business. We invite interested clients to refer to this information:

Is it mandatory for the new branch manager of an asset auction company to be an auctioneer?

Yes. The head of an asset auction enterprise branch must be an auctioneer. The dossier must include their Auction Practice Certificate. 

Legal basis: Clause 1, Article 29 of the Law on Auction of Assets 2016 (amended and supplemented in 2024).

When relocating the company’s headquarters to another province, when does the old business registration certificate become invalid?

It expires from the moment the branch is granted the new Operation Registration Certificate by the Department of Justice of the new location.

Legal basis: Clause 6, Article 29 of the Law on Auction of Assets 2016 (amended and supplemented in 2024).

Can a business combine a change of registered office address and a change of branch manager in a single application?

Yes. Enterprises can request multiple changes in the same Request form to save time and costs.

Legal basis: Clause 5, Article 29 of the Law on Auction of Assets 2016 (amended and supplemented in 2024).

From what point in time is the 10-day deadline for submitting documents calculated?

It is calculated from the date the enterprise issues the Decision on the change. Late submission may result in administrative penalties.

Legal basis: Point a, Clause 5 and Point a, Clause 6, Article 29 of the Law on Auction of Assets 2016 (amended and supplemented in 2024).

How is the cancellation of the old business registration certificate made public when relocating to another province?

The Department of Justice where the branch was formerly located will issue a decision to cancel the previously issued Business Registration Certificate and publish this information on the Department of Justice’s electronic portal within 3 working days from the date of receiving notification from the new Department of Justice.

Legal basis: Clause 6, Article 29 of the Law on Auction of Assets 2016 (amended and supplemented in 2024).

Conclusion

Correctly following the guide on Changing the Registration Content of an Asset Auction Enterprise Branch helps units avoid legal risks and business interruptions. Please contact Long Phan Consulting Company via Hotline 1900.63.63.89 timely and professional advice and support.