The process of changing a company’s address domestically can be completed through a simple step of updating the registered business address on the Enterprise Registration Certificate. However, for enterprises with foreign capital that have established investment projects in Vietnam, the process of changing the company’s registered address in certain cases is closely linked to changes in the project location, as well as settling tax obligations. To ensure legality and maintain continuous business operations, enterprises need to understand the process and procedures according to legal regulations.

In this article, we will provide detailed guidance on the procedure for changing the address of a 100% foreign-owned single-member limited liability company, helping you carry out the procedure quickly, accurately, and optimize business efficiency.

1. Cases where the registered address and project location are both changed

When the enterprise not only changes its main office but also relocates the project site as recorded on the Investment Registration Certificate, the enterprise must proceed with two procedures: amending the Investment Registration Certificate and changing the Enterprise Registration Certificate.

This means that any change related to the project location, pursuant to Clause 2, Article 41 of the 2020 Investment Law, is considered a significant change in the Investment Registration Certificate. Therefore, it must be amended in accordance with regulations. This includes changes related to the location, land area used, and factors that directly affect the project implementation

To amend the Investment Registration Certificate, the enterprise needs to prepare documents including: an application for adjustment, a report on the project implementation status up to the time of adjustment, the investor’s decision on the adjustment, and other relevant documents related to land use rights or project location (Article 44, Decree 31/2021/ND-CP). The application must be submitted to the investment registration agency where the project is implemented or where the operational office is expected to be located. The processing time is 10 days from the date of receiving a complete and valid dossier.

2. Cases where only the main office address is changed without affecting the project location

In cases where the enterprise only changes its main office address without affecting the project location as recorded, the process will be simpler. The enterprise only needs to follow the procedure for changing the Enterprise Registration Certificate as stipulated in Article 30 of the 2020 Enterprise Law.

In this case, the enterprise must register the change with the Business Registration Office where the new headquarters is located. The required documents include a notice of changes in business registration information, the decision of the company owner (for a single-member limited liability company), and related documents. The processing time at the business registration authority is 3 working days from the date of receiving a valid dossier.

3. Tax authority procedures

It is important to note that before registering the address change to another district or province, the enterprise must complete the necessary procedures related to transferring its location with the tax authority. This ensures there are no errors in changing the managing tax authority and ensures full compliance with tax regulations.

4. Publication of business registration changesedures

Finally, after completing the changes to the Enterprise Registration Certificate, the enterprise is required to publish these changes on the National Business Registration Portal within 30 days from the date of public disclosure (pursuant to Clauses 2 and 3, Article 32 of the 2020 Enterprise Law).

In summary, the process of changing the address of a 100% foreign-owned single-member limited liability company requires careful attention to the procedures involved to avoid legal risks and ensure the company’s operations are not interrupted. Understanding the legal regulations and preparing a complete dossier will help enterprises carry out this process quickly and efficiently.

Time of writing: 16/10/2024

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