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Relocation of headquarters address accordance law on enterprise 2020?

19/06/2021 14:39

Within operation, the enterprise is demand relocation of headquarter address, but when perform to meet with difficulties about legal procedures. With the desire to support customers to perform the most convenient legal procedures, DAP law send customers necessary information about procedures of the relocation of headquarters address.

I. Basis legal
- Law on enterprise 2020
- Decree no. 01/2021/ND-CP, decree on enterprise registration
- Decree no 50/2016/ND-CP, decree penalties for administrative violations against regulations on planning and investment
II. Content
Step 1: Perform the tax - related procedures
       Based on clause 1 article 47 Decree no 01/2021/ND-CP, before registration of relocation of an enterprise’s headquarters address to a district, province or central-affiliated city other than where the enterprise is headquartered which leads to change of its tax authority, the enterprise must carry out all tax procedures related to relocation in accordance with regulations of the law on taxation. With the relocation of headquarter address that doesn’t have change administrative units of districts, provinces, cities doesn’t need to perform these procedures.
Step 2: Preparation of the application.
      In case of relocation of its headquarters address, the enterprise shall send an application for changes to enterprise registration information to the Business Registration Office of the place where it will be headquartered. The application includes the following documents:
- A notification of changes to enterprise registration information which is signed by the enterprise’s legal representative;
- The resolution or decision of the owner of the single-member limited liability company, the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company on relocation of the enterprise’s headquarters address;
- Meeting minutes about changes to enterprise content information; 
- A notification give taxpayers change address in accordance form no. 09 MST, circular 105/2020/TT-BTC.
- If you authorize a other person have to a commission and identity card legal copies of the authorized person
- Regulation copies of the company’s charter that is modified
Step 3: Submitting the application.
      Enterprises submit online file at address http://dangkykinhdoanh.gov.vn, If your file is lawful, you carry on submit hard copy file the business registration office where the enterprise shall be headquarted.
Step 4: Receiving the result
       After receiving the application, the Business Registration Office shall give a confirmation slip to the enterprise, examine the validity of documents, and issue the enterprise registration certificate as prescribed.
The content above is legal procedures to realize relocation of headquarters address that DAP law send to customers. In order to receive consultance and supporting about these procedures, contacting us by phone number: 024.39.184.888
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