During its operation, a business may need to relocate its production or business address. This article provides a comprehensive guide to the procedures for changing a business address, whether within the same district or across different districts.
During its operation, a business may need to relocate its production or business address. This article provides a comprehensive guide to the procedures for changing a business address, whether within the same district or across different districts.
In accordance with Article 42 of the Law on Enterprises 2020:
- The head office of the enterprise must be located within Vietnam, serve as the contact address, and be determined by the boundaries of the administrative unit. It must include a telephone number, fax number, and email address (if applicable).
- The address must be clearly specified, including details such as house number, alleys, streets, villages, hamlets, communes, wards, townships, urban districts, towns, provincial cities, and centrally-administered cities.
- Per Clause 7, Article 80 of Decree 96/2015/ND-CP, if the business registration certificate indicates that the head office is located in an apartment building or collective housing, the enterprise must change its head office address to a different location.
- If the head office is located in an apartment building, it must be designated for office use, and the enterprise must provide documentation proving the use of the apartment building as its office.
- The address of the head office must be supported by legal documents that confirm ownership or the right to use the premises.
4.1. Changing the Address Within the Same District
Step 1: Prepare the Documents
- Notification of changes in business registration details.
- Decision and minutes from the Board of Members or General Meeting of Shareholders.
- Decision from the company owner (for a single-member limited liability company).
- Power of attorney (if the legal representative is not submitting the documents).
Step 2: Submit the Application
- Submit the application at the One-Stop Department of the Business Registration Office.
Step 3: Receive the Results
- Collect the updated registration certificate from the Business Registration Office.
4.2. Changing the Address to Another District
Step 1: Procedures with the Tax Authority
- Submit the documentation to the old Tax Sub-Department for tax finalization.
- Close any invoices, if applicable.
Step 2: Update Business Registration
- The documentation includes Form 09-MST, Notification of changes in business registration details, and the decision and minutes from the Board of Members or General Meeting of Shareholders.
- Power of attorney for the procedures.
Step 3: Re-engrave the Seal (if applicable).
Step 4: Notify the Tax Authority
- Inform the tax authority of the new head office address and update VAT invoice usage.
- Re-engrave the seal (if necessary).
- Update invoice information.
- Amend records with health and social insurance agencies.
- Notify partners and customers of the address change.
According to Decree 50/2016/ND-CP:
- Fines ranging from VND 1,000,000 to VND 15,000,000 may be imposed depending on the delay in notifying the address change.
7.1. Is it necessary to publish a notice in a newspaper when changing the company's address?
- Publication is not required, except for certain types of companies.
7.2. Can a company’s headquarters be located in an apartment?
- Current regulations do not permit a company’s headquarters to be located in an apartment.
7.3. Is tax finalization necessary when changing the address to another district/province?
- Tax finalization is not required; only tax closure is necessary to transfer to the new district.
If you need more information or support, please contact ADVN LAW for detailed advice.
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
