Procedures for moving branch headquarters to another province for a joint stock company

Moving branch headquarters to another province is one of the common procedures during the operation of a joint stock company. However, not all businesses clearly understand the specific implementation process. This article by Long Phan will guide customers step by step through the procedure to move branch headquarters quickly and effectively.

Regulations on branches of joint stock companies

A joint stock company branch is a dependent unit of the company. Branches perform all or part of the company’s functions. The branch has no legal status, operates under the authorization of the company and is responsible to the company for its activities.

The branch has its own headquarters, seal, accounts and accounting dependent on the company. The branch name must include the business name followed by the phrase “Branch”. Branches are allowed to sign contracts and carry out business activities within the scope of authorization. The branch head is an authorized representative of the company.

The establishment, organization of operations and termination of branches must comply with legal regulations. The company must register its branch operations with the competent state agency.

Legal basis: Article 84 of the 2015 Civil Code; Article 40, Clause 1, Article 44 of the Law on Enterprise 2020

Procedure for moving branch headquarters to another province

Documents need to be prepared

Because moving the branch headquarters to another province leads to a change in the management tax agency, according to the provisions of Article 62 of Decree 01/2021/ND-CP dated January 4, 2021, when moving the branch headquarters to another province Businesses need to prepare complete documents including:

• Declaration for adjusting and supplementing tax registration information, form No. 08-MST issued with Circular 105/2020/TT-BTC;
• Notice of change in the content of branch/representative office/business location registration;
• Authorization document (if any);
• Copy of legal documents of the authorized person.

Note that for documents in foreign languages, businesses must translate them into Vietnamese and have the translation notarized.

Download the notification form on changing the content of branch/representative office/business location registration: Here

Download the declaration form for adjusting and supplementing tax registration information: Here

Implementation order and procedures

The process of moving branch headquarters to another province includes the following main steps:

Step 1: Carry out tax procedures at the old and new tax authorities.

Enterprises submit declarations to adjust and supplement tax registration information (form No. 08-MST) at the old tax agency to notify the relocation.

Within 10 working days from the date of receiving notice from the old tax authority, the enterprise submits an application to change information at the tax authority where the branch moves to.

Step 2: Register to change the branch operation registration content

• Enterprises submit documents at the Business Registration Office where the branch moves to;
• When receiving the application, the Business Registration Office gives a Receipt to the enterprise;
• Within 3 working days from the date of receiving the dossier, the Business Registration Office will check the validity of the dossier and issue a new branch operation registration certificate if the dossier is valid.

Legal basis: Article 10 of Circular 105/2020/TT-BTC; Article 62 Decree 01/2021/ND-CP.

Important notes when moving branch headquarters to another province

When moving branch headquarters to another province, businesses need to pay attention to the following important issues to avoid legal risks:

Firstly, regarding the deadline for registering to change the content of the Branch Operation Registration Certificate. According to the provisions of Clause 4, Article 45 of the Law on Enterprises 2020, enterprises are responsible for carrying out procedures for registering changes to the business license content within 10 days from the date of change. If registration is late, businesses may be fined up to 20 million VND according to the provisions of Decree 122/2021/ND-CP.

Second, about procedures for adjusting and supplementing tax registration information. Moving the branch headquarters to another province leads to a change in tax administration. Enterprises must fully carry out tax declaration procedures at the old and new tax authorities. Acts of delay in notifying changes in tax registration information can be fined up to 7 million VND according to Decree 125/2020/ND-CP.

In addition, businesses need to update the new address on the branch’s papers and documents. Enterprises must also notify partners and customers about the change of branch address to ensure business operations proceed smoothly.

Consulting services for moving branch headquarters to another province

Procedures for moving branch headquarters to another province is a complicated process, requiring businesses to have careful preparation and professional knowledge. To ensure the process goes smoothly and save time, customers can choose to use business consulting services to move branch headquarters to another province. Services include:

• Detailed advice on processes and procedures for moving branch headquarters;
• Consulting, supporting the drafting, checking and completing all types of legal documents necessary for the transfer of branch headquarters;
• Customer representatives work with competent state agencies to complete procedures;
• Monitor and update application processing progress.

Using consulting services helps businesses save time and effort. Experts will assist businesses in completing documents and avoiding errors. At the same time, we help businesses understand relevant legal regulations and avoid unnecessary violations.

Moving branch headquarters to another province is a complicated process, requiring businesses to have careful preparation and professional knowledge. With detailed information about documents and procedures, customers can confidently plan to move to a new location. However, to save time and ensure accuracy, customers can use Long Phan’s branch headquarters relocation consulting service. Please contact hotline 0906735386 immediately to receive detailed advice from experts with extensive experience in the field of corporate law.