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Hướng dẫn quy trình thay đổi giấy phép kinh doanh mới nhất 2022

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In the previous post, meInvoice has guided from AZ the business license registration procedure, so what if the business wants to change the business license? Please read the article below to understand the process of changing business registration!

1. What is a change of business license?

1.1 Change definition of business license

Change of business license is a procedure to change information in the enterprise registration dossier or in the business registration certificate of an enterprise at the business registration office – Department of Planning and Investment where the enterprise is located. main office.

1.2 In what cases does an enterprise have to change its business license?

Enterprises need to determine what will be changed among the contents in the business registration certificate. Enterprises can simultaneously change one or more content. Usually, the things businesses often change will be:

  • Change company name (Vietnamese name, foreign name, initials)
  • Change of headquarters location
  • Changing business lines (adding, withdrawing professions)
  • Change of charter capital (increase, decrease, restructuring of charter capital/contributed capital/shares)
  • Change of legal representative
  • Change of company members/shareholders
  • Change company seal

change business license 3

1.2 In which case a business does not need to change its business license

When changing the following contents, enterprises do not need to submit documents to the Department of Planning and Investment:

  • Change of shareholder information in a joint-stock company;
  • Change of founding shareholders (excluding the case where founding shareholders are changed due to unpaid/insufficient payment for the number of shares registered to buy).

2. What does a business registration change file include?

Each business registration change will have a different set of specific documents

2.1 Company address change file

Changing head office address is more complicated than other contents. Due to each change of headquarters, everyone needs to prepare a separate set of documents.

* Profile of an enterprise moving its headquarters within a province or city:

  • Notice of change of company address
  • Written decision to change the head office of the Members’ Council (for a limited liability company with two or more members), the owner (for a one-member limited company), of a general partner (a partnership) , of the General Meeting of Shareholders (joint stock company)
  • A copy of the minutes of the meeting on change of company address of the Members’ Council (with two or more member limited liability companies), the owner (one member limited liability company), of the general partner (the partnership company). name), of the General Meeting of Shareholders (joint stock company)
  • Power of attorney if hiring an outside service to change the business registration of the head office

See details at the latest procedure for changing company address 2022.

* Profile of the enterprise moving its head office to another province or city where the enterprise registered for establishment

  • Notice of change of company address
  • Copy of the company’s charter document
  • List of company members
  • Written decision to change the head office of the Members’ Council (for a limited liability company with two or more members), the owner (for a one-member limited company), of a general partner (a partnership) , of the General Meeting of Shareholders (joint stock company)
  • A copy of the minutes of the meeting on change of company address of the Members’ Council (with two or more member limited liability companies), the owner (one member limited liability company), of the general partner (the partnership company). name), of the General Meeting of Shareholders (joint stock company)
  • Power of attorney if hiring an outside service to change the business registration of the head office

2.2 Company name change file

  • Notice of change of company name
  • Written decision to change the company name of the Members’ Council (for a limited liability company with 2 or more members), the owner (for a limited liability company with one member), of a general partner (for a partnership) , of the General Meeting of Shareholders (joint stock company)

See also: Procedures to change the signature of the latest corporate director

  • A copy of the minutes of the meeting to change the company name of the Members’ Council (for a limited liability company with two or more members), of the owner (for a one-member limited company), of a general partner (a partnership company) ), of the General Meeting of Shareholders (joint stock company)
  • Power of attorney if hiring an outside service to change the company name

2.3 Dossier of change of charter capital, contributed capital

  • Notice of change of charter capital and percentage of contributed capital
  • Written decision on change of charter capital, capital contribution ratio of the Members’ Council (for limited liability companies with 2 or more members), the owner (for one-member limited liability companies), of general partners ( partnership), of the General Meeting of Shareholders (joint stock company)
  • A copy of the minutes of the meeting to change the charter capital or contributed capital of the Members’ Council (for a limited liability company with two or more members), the owner (for a one-member limited liability company), of a general partner (for a limited liability company with two or more members). partnership), of the General Meeting of Shareholders (joint stock company)
  • Power of attorney if hiring outside services to change charter capital, contributed capital

2.4 Profile of changing business lines

  • Announcement of changing business lines
  • Written decision on change of business lines of the Members’ Council (for limited liability companies with 2 or more members), the owner (for one-member limited liability companies), of general partners (partnerships) ), of the General Meeting of Shareholders (joint stock company)
  • A copy of the minutes of a meeting to change business lines of the Members’ Council (for a limited liability company with 2 or more members), of the owner (for a limited liability company with one member), of a general partner (for a partnership company). name), of the General Meeting of Shareholders (joint stock company)
  • Power of attorney if hiring outside services to change business lines

2.5 Dossier to change company seal

  • Notice of change of company seal according to the prescribed form
  • Copy of investment certificate
  • Copy of tax registration certificate
  • Power of attorney if hiring an outside service to change the company seal

3. The latest business license change process 2022

change business license 2

Step 1: Prepare documents to change business license

Prepare relevant documents for the application for change of registration in accordance with the law

Step 2: Submit the application to change the business license to the Business Registration Office

The enterprise submits or authorizes to submit the application for change of business registration to the Business Registration Office of the Department of Planning and Investment of the province/city where the enterprise is headquartered.

How to submit: Submit your application trực tuyến through the national portal on businesses.

Step 3: Receive a certificate of business registration change

The application file will undergo a verification process, if the application is valid, the business registration office will record the content that needs to be changed as required by the business on the new business license.

On the contrary, if the application is not accepted, the agency shall notify in writing the reason for the refusal so that the enterprise can revise it.

Step 4: Publicize the changed information on the business registration on the National Portal

After receiving the new business license, the enterprise shall publish the changed content on the national portal in accordance with regulations.

Step 5: Complete some work after changing the business license

Depending on the content of each business registration change, the business will have to do some related work afterwards.

*Note the work to be done after completing the procedure to change the business license

– DN changes the company name: After the company name is changed, the enterprise needs to:

+ Re-engraving the company’s seal, announcing the new seal sample on the national portal;

+ Change company name information on e-invoices;

+ Change the nameplate;

+ Change the nick holder information with the bank, business name information with the insurer;

+ Notify the partner about the change of the company name, review the signed contract appendices;

– DN changes company address: After changing company address, enterprises need to:

+ Change the seal and announce the new seal sample (if the address is changed to a different district and the old seal has district information)

+ Change the address information on the e-invoice;

+ Change the address information of the nick holder with the company bank;

+ Change the tax administration agency and transfer the social insurance to the changed address;

See also: 3 ways to get the latest social insurance declaration 2022

+ Notice of change of new office address to partners and customers

– Enterprises change the company’s charter capital, it is necessary to do:

Charter capital directly affects the amount of license tax the company needs to pay annually, specifically:

+ 2,000,000 VND / 1 year for companies with charter capital under 10 billion VND

+ 3,000,000 VND / 1 year for companies with capital over 10 billion VND

If the company’s charter capital increases, the business will need to pay attention to additional annual license tax.

4. Latest application form for business registration change 2022

Download the latest application form for business registration change in 2022 here:

new-foundation

5. Penalty for late notification of business license change 2022

Enterprises need to notify/authorize the notice of changes to the Business Registration Office within 10 days from the time of change. Past the time limit specified above, enterprises will be sanctioned according to Decree 50/2016/ND-CP. Specifically:

  • Overdue notice from 1 to 30 days: Administrative fine from 500,000 to 1,000,000 VND
  • Overdue notice from 31 – 90 days: Administrative fine from 1,000,000 to 2,000,000 VND
  • Overdue notice from 91 days or more: Administrative fine from 2,000,000 to 5,000,000 VND

6. Cost of changing business registration in 2022?

6.1 What is the cost of changing a business license?

Expenses for business registration change are expenses for using the service of business registration change registration that enterprises must pay to the registration agency. The cost of changing a business license is usually from state fees and outsourced service fees, if any.

6.2 What is the fee for changing a business license?

Fee for business license change is a fee an enterprise is required to pay to the state when carrying out procedures for changing business registration with the Business Registration Office of the Department of Planning and Investment.

Whereby:

  • Fee for changing business registration license: 200,000/time
  • Fee for changing business registration certificate with branch/representative office/business location: 100,000/document.

7. Frequently asked questions when changing the latest business registration 2022

7.1 Where to change business license?

The enterprise changes its business license at the Business Registration Office – Department of Planning and Investment where the enterprise’s head office is located. For example:

  • In Hanoi: Department of Planning and Investment of Ho Chi Minh City. Hanoi: Vo Chi Cong inter-engine area, Tay Ho district, Hanoi city (No. 258 Vo Chi Cong, Xuan La ward, Tay Ho district, Hanoi)
  • In Ho Chi Minh: Department of Planning and Investment of Ho Chi Minh City. Ho Chi Minh: No. 32 Le Thanh Ton, Ben Nghe, District 1, Ho Chi Minh
  • In Da Nang: Department of Planning and Investment City. Da Nang: 6th floor, Administrative Center Building, No. 24 Tran Phu, Thach Thang, Hai Chau, Da Nang

7.2 When changing business registration, do I need to finalize taxes and re-issue red invoices?

When changing the head office to another district/province, the company must finalize the tax to move the district, no need to finalize the tax.

When converting the type of business and the party receiving the entire tax liability of the previous enterprise, there is no need to finalize tax.

When an enterprise changes its name/headquarter address, it is necessary to contact the tax office to change the company’s information on the issued invoice.

7.3 What changes should be made to re-engraving the corporate seal?

Enterprises need to engrave the seal name when:

  • Change the name of the enterprise;
  • Change the business type of the company;
  • Change the company’s head office to another district or province: the enterprise should issue a change of seal if the old seal shows the old district/province (optional)

7.4 Submit application for change of business license trực tuyến?

The change dossier will be submitted trực tuyến through 2 steps as follows:

  • Submit your application trực tuyến through the website of the national business portal
  • Submit your application directly to the registrar after your trực tuyến application is approved.

Businesses interested in MISA meInvoice e-invoice software & want to try FREE full features of MISA e-invoice for 7 days, please contact Hotline: 090 488 5833 or REGISTER here:Try e-invoices


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