Adjustment in foreign-invested company’s address of headquarter in Vietnam

Foreign-invested company’s headquarter might be contemporaneously location of project. Having demand of changing headquarter, foreign-invested company needs to take consideration in these two situations:

• Changing company’s headquarter without changing location of project: In this case, company are required to adjust Certificate of Business Registration only ( if foreign-invested company has already separated Enterprise Registration Certificate and Investment Registration Certificate);
• Concurrently change company’s headquarter and location of project which written in Certificate of Investment registration.

Notice: Different from domestic-invested company in Vietnam, Department of tax shall be in charge of foreign-invested company ( for company which has Certificate of Investment registration and Certificate of Business registration). Hence, changing headquarter, company is not under obligation to manage procedure of ratifying tax duty.

The critical dossier to change headquarter of foreign-invested company:

1. 02 notarized copies of Certificate of Investment registration/ Certificate of Business registration;
2. 02 copies of Certificate of Tax registration ( for company which has not separated Certificate of Investment registration and Certificate of Business registration);
3. A statement of project execution and a report on project execution up to the date of project adjustment;
4. A notarized audited financial report up to the date of project adjustment;
5. Certificate of direct investment account shows that charter capital has been paid fully ( if financial does not have any detail on this term);
6. Documents of headquarter, include: contract on leasing headquarter, notarized documents proving lessor’s rights ( Certificate of Land usage; Constructing License; Certificate of Business registration in which has ratification of faction: real estate trading or other equivalent documents).

Notice:

• Foreign-invested company’s headquarter can not be apartment and hostel;
• Location of project with company’s manufacturing activities must be plants and qualify requirements in all environmental regulations, fire fighting and prevention system, lessor qualified for leasing plant, consists of: real estate trading and leasing surplus plant which are shown in Certificate of Business registration and Certificate of Land usage.

7. An investment proposal that specifies: number of foreign labors, number of Vietnamese labors; investors’ email and phone number; company’s phone number; the square of headquarter;
8. Notarized copy of passport and certificate of temporary address (temporary citizen license) of legal representative.

The procedure of changing foreign-invested company’s headquarter:

Step 1: Adjust Certificate of Business registration or separating Certificate of Business registration and Certificate of Investment registration (if not separated). The processing day: 03-05 workdays;

Step 2: Posing the business registration information on National Business Registration Portal;

Step 3: Reissuing legal entity’s seal according to new updated information (if company has not reissued seal pursuant to new regulations or old address of headquarter on old one);

Step 4: Adjusting on Certificate of Investment registration (if location of project concurrently is company’ headquarter address).

The processing day: 10-15 workdays.