It is said that “heavenly time – geographical advantage – human harmony”. The business address is the second most important factor determining the success or failure of the business. Once it is no longer relevant,  changing the company headquarters  is inevitable.

However, when carrying out related procedures, enterprises inevitably face difficulties with legal regulations that are not easily accessible. Using the service to support the procedure  for changing the company’s headquarters is something to consider.

Things to note when changing company headquarters  

1. Change the address of the company’s headquarters to the apartment building

According to the provisions of the Law on Housing, an enterprise is not allowed to have its head office in an apartment building. However, if the apartment has a commercial area or an officetel, it can be used as a company or business office. When registering to change the head office here, the enterprise needs to provide proof.

2.Transfer address to new district

When moving the head office to another district, the business needs to contact the tax office where the business is located to carry out the procedure of “relocating the district”. Records include declarations related to invoices being used. After receiving the results of the transfer of tax administration of the old district, the enterprise shall carry out procedures for changing the certificate of business registration at the Department of Planning and Investment. After receiving the results and receiving a new business registration certificate, the enterprise will continue to carry out procedures at the tax office where the enterprise has moved to.

3. Re-engraving the seal

When moving to another district where the seal can show the name of the district, the enterprise will re-engrave the seal. After engraving the seal, the enterprise does not need to notify the seal sample to the business registration agency as before but can use it immediately.

4. Transferring social insurance participation to a new district

The enterprise stopped participating in social insurance and closed the book in the old district and transferred to participate in social insurance in the new district for its employees.

Service of  changing company headquarters  of Viet Luat 

When choosing Viet Luat to support  the change of company headquarters , you only need to provide your company’s tax code, we will carry out all related procedures. After 3 days, we will deliver the business registration certificate with the new company headquarters.

* If  you change your company’s headquarters to a new district, your business must carry out procedures for transferring tax management to the new district. This procedure can be done by the accountant of the business. If due to busy reasons, businesses can ask for our support

* In some cases, the seal of the enterprise has information about the district where the head office is located. Therefore, enterprises also have to change the new seal.

Procedures for moving company headquarters

Step 1: Check if the head office information is in compliance with regulations:

As a general rule, the address of the company’s head office in an urban area must have the following elements: House number + Street name + Ward + District + City/province.

If the head office is located in suburban districts, there may not be a street name, but the address must be unique (not duplicated to cause confusion with other addresses and can be contacted).

The company’s proposed headquarters is not located in the apartment building, except for the commercial and service areas of the new apartment building. The enterprise must provide documents to prove this.

Step 2: Prepare documents to change the company’s headquarters including

•  Notice of change of business registration contents (Appendix II-1 of Circular No. 01/2021/TT-BKHDT);
• Decision and valid copy of meeting minutes of the Members’ Council, for limited liability companies with two or more members, of the General Meeting of Shareholders, for joint-stock companies, and of general partners for partnerships;
•  Decision of the company owner for a single-member limited liability company.

Note: Decisions and meeting minutes must clearly state the amended contents in the company’s charter.

•  In case the application is not directly submitted by the legal representative or the owner of the enterprise, a power of attorney to carry out business registration procedures together with a certified copy of the ID card or passport of the authorized person is required. .

Step 3: Submit the application to change the company’s headquarters at the business registration office

• After the application has enough signatures (and seals), proceed to submit the application online of the business registration agency
• After receiving the business registration agency’s receipt, the enterprise shall submit the paper application directly at the business registration office;
• The registration authority issues the results of approval of the dossier or request for amendment of the dossier (if any).

Step 4: Re-engraving the business seal (if the business changes its headquarters to a new district, but the company’s seal has information about the district)

• After the enterprise is granted a certificate of business registration with a new address, the enterprise will carry out procedures to engrave a new seal. After engraving the seal, the enterprise does not need to notify the seal sample to the business registration office as before, but can use it immediately according to the provisions of the Enterprise Law 2020, effective from January 1, 2021.

Step 5: Post an electronic statement on the national portal on business registration

Guide customers to carry out the procedures to change  the company’s headquarters 

Profile composition 

• • Notice of change of business registration contents includes:  Current name, enterprise identification number, tax code or business registration certificate number, expected name change and signature of legal representative. ;
  • Minutes of the general meeting of shareholders in the case of a joint-stock company / of the Members’ Council in the case of a two-member limited liability company / of the owner in the case of a limited liability company. (Note that there is content to amend the charter) .
  • Decision of the general meeting of shareholders in the case of a joint-stock company / of the Members’ Council in the case of a two-member limited liability company / of the owner in the case of a limited company. (Note that there is content to amend the charter) .
  • Attached documents include: A copy of the business registration certificate.

Business registration method 

• • Your business will have to scan the profile and send it to the National Business Portal   https://dangkytinhdoanh.gov.vn/ .
  • Then monitor and receive notice of amendments and supplements, if any, from the Business Registration Office. In case of receiving a notice of valid application, the enterprise will send a paper dossier to the address of the Business Registration Office where it was established.

What to do after  changing company headquarters

After  changing the company’s headquarters  on the business registration certificate, the enterprise needs to do the following:

– Engrave the company’s round seal (if the head office is moved to another district and the old seal has district information)

– Cancel the old invoice in use (in the case of still using printed invoices) and register to use electronic invoices with new company information;

– Notify partners who have signed service contracts.