The relocation of a company’s representative office is a significant event that demands careful planning and adherence to legal procedures. Ensuring the seamless transition of the office’s address while complying with regulatory requirements is vital. In this discussion, we will explore the essential documents that should be prepared and the procedural steps to be followed when a company decides to change its representative office (RO) address. Understanding these processes is crucial for maintaining compliance and operational continuity in the corporate world.
Question:
My company’s main office is in Hai Phong, with a representative office (RO) address in District 7, Ho Chi Minh City. Now we are relocating the office to District 3, Ho Chi Minh City. What procedures do we need to follow, what documents should we prepare, and where do we need to submit them?
Answer:
– Based on Article 62, Clause 1 of Decree No. 01/2021/NĐ-CP on business registration, before registering the change of address of a branch or representative office that leads to a change in the tax authority’s management, the enterprise must complete tax procedures with the relevant tax authority in accordance with tax laws.
– Following the successful completion of tax registration procedures with the Tax Authority, the enterprise should then proceed systematically. Subsequently, it should submit the application for changing the address of the representative office (RO) in strict accordance with the procedures meticulously specified in Article 48 of Decree No. 01/2021/NĐ-CP on business registration. These procedural steps ensure that the change is well-documented and legally compliant. Now, let’s delve into the required documents for this purpose:
1/ Notification of change in branch’s activity registration information (Form II-13 as per Circular No. 02/2019/TT-BKHĐT).
2/ In cases where the applicant is not the legal representative, a power of attorney for the person submitting the application along with a valid copy of the ID card/citizen identification card/passport of the person submitting the application should be provided.
3/ The company can refer to the forms and procedures on the website: “www. dangkykinhdoanh. gov.vn /News /Latest News /Reference forms” according to the provisions of Law on Enterprise No. 59/2020/QH14.
Conclusion
In conclusion, the process of changing a company’s representative office address involves specific steps and document preparation to ensure a smooth transition. By meticulously following the prescribed procedures and having the necessary documentation in order, a company can relocate its representative office while staying in full compliance with legal regulations. This not only facilitates operational continuity but also reflects the company’s commitment to precision and professionalism in the ever-evolving corporate landscape.
HMLF is always available to offer assistance in understanding the procedures with authorities.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn
