During the process of establishing and operating a company, the address where the headquarters is located is an extremely important factor that businesses need to pay attention to. Currently, there are still several individuals and businesses that do not pay much attention to this factor, leading to violations of the law on the address of the business’s headquarters. In the article below, Viet An Law will summarize notes on the headquarter address when establishing company in Vietnam.
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According to the provisions of Article 42 of the Law on Enterprises 2020, the head office address of the enterprise must be located in the territory of Vietnam, is the contact address of the enterprise, and is determined according to the administrative unit boundaries. In addition, the business’s headquarters address includes a phone number, fax number, and email (if any).
The head office address of the enterprise needs to be clearly shown, specifically according to 4 levels of administrative units, including house number + street name + town/ward/commune name + town/district/district/city provincial city + province/centrally-run city.
For example: In case an enterprise’s head office is located in a house, the address can be recorded as follows:
In case the enterprise has its headquarters located in an office/apartment building for commercial purposes, the address can be recorded as follows:
In addition, in case an enterprise has a head office address without a clear house number, the enterprise can write as follows:
Based on the provisions of Clause 3, Article 2 of the 2023 Housing Law, apartment buildings are divided into two types, which are: apartment buildings built for residential purposes and apartment buildings built for mixed purposes. Suitable for residence and business.
In addition, according to the provisions at Point c, Clause 8, Article 3 of the Housing Law 2023, the act of using an apartment for non-residential purposes is strictly prohibited.
Thus, it can be understood that business owners are allowed to have their headquarters in an apartment building with mixed residential and business purposes but are not allowed to have their headquarters in an apartment building with residential purposes.
In addition, some conditional business lines need to have their headquarters located in a place that meets the conditions prescribed by law in terms of area, facilities – materials, etc.
For example, according to the provisions of Article 22 of Decree 168/2017/ND-CP, for enterprises operating in the hotel industry, there must be a minimum of 10 bedrooms; There is a reception desk and shared bathroom.
According to the provisions of Article 37 of the Enterprise Law 2020, enterprises are obliged to attach nameplates at their headquarters. Currently, in the Enterprise Law there are no clear regulations on the form of hanging company name signs at headquarters.
However, according to the provisions of Article 34 of the Law on Advertising 2012, amended and supplemented in 2018, a company’s sign must include the following contents:
Currently, during operations, businesses can change their headquarters address if needed. In this case, the enterprise needs to carry out procedures to change business registration and submit documents to the business registration agency of the province or centrally run city where the enterprise is headquartered according to the provisions of Article 47 Decree 01/2021/ND-CP.
Procedures for changing the company’s headquarters are carried out as follows:
The profile includes the following components:
Note, if an enterprise changes its head office address to a district, province, or centrally-run city other than where its head office is located, leading to a change in tax management authority, before carrying out the change procedures. To register for business, businesses need to carry out procedures for relocation according to tax laws.
The head office of the enterprise is shown in the Enterprise Registration Certificate issued by the competent business registration agency. Currently, the act of a business not operating at its headquarters as shown in the issued business license is a strictly prohibited act.
In case an enterprise does not attach the enterprise’s name at its headquarters, the enterprise may be subject to a fine of up to 20,000,000 VND to 30,000,000 VND according to the provisions of Article 52.2 of Decree 122/2021/ND-CP and forced to take remedial measures such as attaching the business name at the head office.
According to the provisions of Clause 2, Article 6 of Decree 98/2020/ND-CP, professionals must apply for a Business License to operate, in case the enterprise operates in the wrong area or location stated in the license. Business licenses can be fined from 5,000,000 VND to 10,000,000 VND, the fine is doubled for organizations. In case an enterprise commits multiple violations or repeat violations, the enterprise may also be subject to an additional sanction of having the right to use the business license granted for a period of 01 to 03 months revoked.
Above is Viet An Law’s advice on noting the headquarter address when establishing company in Vietnam. If you have related questions or want to learn more about the legal procedures to establish a company, please contact Viet An Law Firm for the best support.
Disclaimer: This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.
