In some cases of changing the content of business activities, enterprises shall notify the changes in contents of Enterprise Registration Certificates to the business registration authority.
1. What is an enterprise registration certificate?
Pursuant to Clause 15, Article 4 of the 2020 Enterprise Law, Enterprise registration certificate means a paper document or an electronic document containing enterprise registration information granted by a business registration agency to an enterprise.
Article 28 of the Law on Enterprise 2020 stipulates that an enterprise registration certificate shall have the following principal contents:
- Name and identification number of the enterprise;
- Head Agency address of the enterprise;
- Full name, contact address, citizenship, and serial number of the legal papers of the at-law representative, for a limited liability company or joint stock company; of general partners, for a partnership; or of the owner, for a sole proprietorship; full name, contact address, citizenship, and serial number of the legal paper of each individual member; or name, identification number and head Agency address of the institutional member, for a limited liability company.
- Charter capital, for a company, or investment capital, for a sole proprietorship.
2. When shall the enterprise change the contents of Enterprise Registration Certificates ?
Changing enterprise registration certificates is when an enterprise carries out procedures to register changes to the contents of the Business Registration Certificate when there is a change in one or several contents of the Business Registration Certificate issued by a competent state agency.
Accordingly, based on the provisions and Clause 1, Article 30 of the Law on Enterprises 2020, an enterprise shall register with the Business Registration Authority when changing the contents of the Business Registration Certificate as prescribed in Article 28.
3. Procedures for changing enterprise registration certificates
3.1. According to the decision of the enterprise
Enterprises are responsible for registering changes to the contents of the business registration certificate (Business Registration Agency where the enterprise has its head Agency) within 10 days from the date of change.
Within 03 working days after receiving the dossier, the Business Registration Agency shall check the validity of the dossier and grant a new business registration certificate.
If the dossier is invalid, the Business Registration Agency shall notify in writing the enterprise of the contents that need to be revised. In case of refusal to grant a new business registration certificate, it shall notify such in writing to the enterprise and state the reasons.
3.2. According to a court ruling or an arbitral award
The person requesting to register changes to the contents of the business registration certificate shall request for registration of changes to the Business Registration Agency within 15 days from the date the judgment or ruling becomes legally effective or an arbitral award takes effect.
Note: The request shall be accompanied by a copy of the legally effective judgment or ruling or effective arbitral award.
Within 03 working days from the date of receipt of the registration request, the Business Registration Agency shall consider it and grant a new business registration certificate based on the contents of the legally effective court judgment or ruling or effective arbitral award.
In case the dossier is invalid, the Business Registration Agency shall notify in writing the requester of contents that need to be revised. In case of refusal to grant a new business registration certificate, it shall notify in writing to the requester and state the reason.
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