Service of moving representative offices to other provinces of joint stock companies

Moving representative offices to other provinces of joint stock companies is a procedure that requires high accuracy and strict compliance with legal regulations. Long Phan provides in-depth consulting services, supporting customers with steps such as preparing documents and carrying out registration procedures. We ensure the representative office conversion process goes smoothly and complies with legal regulations. This article will provide detailed instructions on the process of moving representative offices to other provinces of joint stock companies.

Characteristics of representative offices other than joint stock companies

The representative office of a joint stock company plays an important role in business activities, performing the functions of representing, advertising and promoting trade for the company locally. However, representative offices are not allowed to directly conduct profitable business activities.

Legally, representative offices do not have independent legal status. All activities of the representative office must comply with the law and be under the management of the joint stock company. Representative offices are not allowed to sign contracts, are not allowed to do independent accounting, and are not responsible for the company’s debts.

The name of the representative office must be written with letters in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols. In addition, the name of the representative office must include the business name followed by the phrase “Representative office” for representative offices.

Legal basis: Article 40, Article 44 of the Law on  Enterprises 2020

Process for moving representative offices to other provinces of joint stock companies

Documents need to be prepared

Representative offices need to prepare complete documents when moving representative offices to another province. Necessary documents include:

• Declaration for adjusting and supplementing tax registration information, form No. 08-MST issued with 105/2020/TT-BTC;
• Notice of change in the content of branch/representative office/business location registration;
• Document authorizing the individual to carry out the procedure (this document is not required to be notarized or authenticated);
• Copies of legal documents of authorized individuals.

Note: For documents in foreign languages, it is necessary to translate them into Vietnamese and have the translation notarized. Preparing complete and accurate documents will help the conversion process go smoothly and quickly.

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 procedures

Moving representative offices to other provinces of joint stock companies leads to a change in tax management authority. Pursuant to the provisions of Article 62 of Decree 01/2021/ND-CP, registration to change the content of representative office operation registration is carried out according to the following steps:

Step 1. Enterprises carry out tax procedures with tax authorities related to relocation according to tax laws.

Specifically, according to the provisions of Article 10 of Circular 105/2020/TT-BTC:

• At the old tax agency: Enterprises submit a declaration to adjust and supplement tax registration information (form 08-MST) to notify the relocation;
• At the new tax authority: Within 10 working days of receiving the notice from the old tax authority, the enterprise must submit an application to change tax registration information at the Tax Department where the new headquarters is located.

Step 2. Register to change the business registration content.

Enterprises register to change their headquarters address at the Business Registration Office where they move. The registration procedure includes the following steps:

1. Submit documents to the Business Registration Office where the representative office moves to;
2. The Business Registration Office issues a Receipt, checks the validity of documents, changes representative office operation registration information in the National Business Registration Database and issues a Registration Certificate. business location within 03 working days from the date of receiving valid documents.

Important notes when moving representative offices to other provinces of joint stock companies

Firstly, procedures for changing business registration information:

• Enterprises must register to change the content of the Representative Office Operation Registration Certificate within 10 days from the date of change;
• In case of late registration to change the content of the Certificate of Operation Registration, the enterprise may be fined up to 20,000,000 VND according to the provisions of Article 44 of Decree 122/2021/ND-CP.

Second, procedures for changing tax registration information:

• As stated in section 2, the case of moving a representative office to another province leads to a change of tax administration agency. Therefore, businesses must make full tax declarations to the old tax authority and the tax authority of the place where they are moving.
• For late notification of changes in tax registration information, administrative penalties of up to 7,000,000 VND can be imposed as prescribed in Article 11 of Decree 125/2020/ND-CP.

Fully implementing the above procedures is very important to ensure that the enterprise’s business activities take place legally and smoothly.

Professional representative office relocation consulting service

Benefits of using consulting services

Using Long Phan’s professional consulting services brings many benefits to joint stock companies when moving representative offices.

With a team of experienced consultants and extensive understanding of related legal processes and procedures, we can support companies in preparing complete and accurate documents, helping to save time and money. minimize the risk of rejection or additional requests.

Consulting services help companies grasp and comply with the latest legal regulations. Experts regularly update information on changes in policies and regulations related to representative office relocation. This ensures a smooth and compliant transition.

Using consulting services also helps companies save costs and internal resources. Instead of having to arrange separate personnel to carry out procedures, the company can focus on core business activities. Consulting experts will take care of the entire process, from preparing documents to monitoring processing progress at the authorities.

Scope of work

Professional consulting services at Long Phan support many important tasks during the representative office relocation process, including:

• Conduct analysis of the company’s specific situation and come up with an appropriate transformation plan;
• Consulting on choosing the right location and time to move offices, and forecasting possible difficulties;
• Support in preparing and submitting documents to authorities;
• Monitor progress, explain and supplement information when necessary.

In short, moving representative offices to other provinces of joint stock companies is a process that requires careful preparation and compliance with legal regulations. To save time and effort, you should choose Long Phan’s professional consulting services. We will support you from A to Z, ensuring the transition process takes place quickly and smoothly. Contact Long Phan immediately for timely advice and support.