Head offices of an enterprise When establishing an enterprise, the founder of the enterprise needs to note that the head office of the enterprise is chosen so that it is in accordance with laws as well as convenient to the business. What are the provisions of laws on this issue? HNLaw & Partners would like to guide Customers as follows:
I. Legal bases
- Law on Enterprises 2014;
- Law on Housing;
- Decree No. 99/2015/ND-CP decree guiding Law on Housing;
- Decree No. 50/2016/NĐ-CP regulating on administrative violations judgment in the field of planning and investment.
1. Head offices of enterprises
Article 43 Law on Enterprises 2014 regulating particularly in head offices of enterprises as follows:
“The head office of an enterprise is the place for contact of the enterprise in the territory of Vietnam, has a definite address, including house number, alley, street name, names of hamlet or village, commune, ward or township, district, town or provincial city, province or centrally run city; telephone and facsimile numbers and email address (if any).”
Thus, to be convenient in a process of operating the business, the head office of an enterprise has to be determined particularly.
Example: The regular address of Company X is: No. 23 Nguyen Chi Thanh street, Lang Thuong ward, Dong Da district, Ha Noi city.
Note: The address of the head office is not an apartment or a tenement.
According to the Article 6 Law on Housing and Correspondence No. 2544/BXD-QLN of Ministry of Construction in apartment management and using, it stipulates that the using of an apartment, tenement is only for living, not for business objective by any mean, not distinguishing a small or a large business enterprise.
In addition, the address of a head office must meet other conditions (depending on each business line, requirements of each head office are different)
2. Judgment of violations on head offices
Under the provisions of Decree 50/2016/ND-CP, the acts of companies that intentionally violate to the head office will be administratively sanctioned and will be subject to a fine of from VND 10,000,000 to VND 15,000,000 due to dishonest and incorrect declarations of enterprise registration dossiers. At the same time, enterprises must take consequence overcoming measures: must registering the changes and notifying the information that enterprises have declared dishonestly and inaccurately.
Above is the consultant of “Head offices of enterprises” of HNLaw & Partners. Customers who have any question or demand to use legal services please directly contact Company for detailed consultant as best support.
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