Dossier for change legal representative of company are valid documents submitted to the business registration agency to change the representative of the foreign capital company. When changing the legal representative, the foreign-invested company must submit a dossier to change the representative and re-grant a new Enterprise Registration Certification. Viet An Law details the procedure for change the legal representative of a foreign-owned company.
Dossier for change legal representative of company in Vietnam
- Notice of changing of legal representative;
- A copy of the citizen’s identification card/ ID card/ passport of the new legal representative;
- Introduction letter or Power of Attorney for Viet An Law to carry out procedures at a competent state agency.
- The dossier also includes one of the following documents:
- Resolutions, decisions of the company owner for a single-member limited liability company;
- Resolutions, decisions and copies of meeting minutes of the Members’ Council, for a multiple-member limited liability company.
- Resolution and copy of the minutes of the General Meeting of a joint-stock company, in case the change of legal representative is accompanied by a change in the title of the legal representative; Or the resolution, decision and copy of the meeting minutes of the administrative Council for a joint-stock company, in case the change of the legal representative does not change the title of the legal representative.
Some notes about the application for change of legal representative:
- Information on the representative of a foreign-invested company is only shown in the Enterprise Registration Certification, so the application for change of the representative only needs to be submitted to the business registration agency.
- Because the enterprise must ensure that there is always at least one legal representative residing in Vietnam, so in the dossier for change of representative, contact information of the new legal representative of the foreign company must have in Vietnam.
- According to the provisions of the Enterprise Law 2020, joint stock companies and company limited may have one or more legal representatives. Dossier of change of legal representative must fully declare information of all legal representatives.
- When the enterprise carries out the procedures for changing the legal representative, if the investment certificate has not been changed into the Enterprise Registration Certificate, the application for replacement must be submitted at the same time as the application for change of the representative; or on the Enterprise Registration Certificate, there is no phone number information or the industry code has not been classified according to the national economic sector code system, which the enterprise needs to carry out and supplement to proceed the procedures for changing the legal representative.
- The person who signs the Notice of change of legal representative is one of the following individuals:
- Chairman of Directors or Chairman of the Members’ Council of the company for the respective type of company;
- In case the Chairman of the Directors/ Chairman of the Members’ Council is the legal representative, the person signing the notice shall be the newly elected Chairman of the Members’ Council/ Chairman of Directors;
Frequently asked questions about change legal representatives procedures
Is the contact information of the legal representative in the change of representation dossier in Vietnam?
The enterprise must ensure that there is always at least one legal representative residing in Vietnam. In case an enterprise has only one legal representative, that person must reside in Vietnam. Therefore, the contact information of the legal representative in the change of representation dossier must be in Vietnam.
Does the application for change of representative have to be attached with the new representative’s Identity papers?
Dossier to change the representative must be attached: A copy of the citizen’s identity card/passport/ID card of the new legal representative. In case of foreign passports, it must be notarized translation into Vietnamese.
Where do I need to submit the application file for changing the representative of a foreign-owned company?
According to the provisions of the Enterprise Law 2020, enterprises shall submit 01 set of application for change of representative of foreign-invested companies to the enterprise registration agency to change the Enterprise Registration Certificate.
Clients have any inquiries and demand to complete dossier for change legal representative of company in Vietnam, please contact Viet An Law directly for detailed advice and the best support.
