An enterprise signs a contract for the supply of food, but the business registration certificate does not include this specific industry or profession. Therefore, is the signed contract legally enforceable?

Question:

My organization has a contract with Mai An Food Company Limited. Currently, the inspection team of the Department of Education of Ho Chi Minh City (Student Affairs Department) has requested the “Business Registration Certificate of Mai An Company, which has not registered the business of seafood but still supplies seafood to the school.” Is this request in accordance with the 2020 Enterprise Law? And is our contract with Mai An Company in compliance with the law?

According to Article 31 of the 2020 Enterprise Law, enterprises must notify the business registration authority of changes in the following content: changes in industries and business sectors. The legal representative of the enterprise is responsible for notifying changes in the registered business content within 10 days from the date of change.

Therefore, in the case that Mai An Food Company Limited is engaged in the business of seafood, we request that the company proceed with supplementary registration of the industry in accordance with the aforementioned regulations.”