Adjustment of business license

Business licenses are issued to domestic enterprises and legal entities, conditional business registration; foreign-invested legal entities.

Features of business license:

- Business licenses granted by competent agencies to organizations conducting business activities in conditional sectors.

- Business licenses that are common, or in other words, an enterprise or organization are only regarded as lawful activities in a specific business line when this license is granted.

- Being a form of restriction in business activities of enterprises

- Business licenses are stipulated in several specialized documents and bylaws according to each field of management.

Legal basis

• Law on Investment 2020
• Law on Enterprises 2020
• Decree No. 09/2018/ND-CP dated January 15, 2018 guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding the sale of goods and other activities directly related to the sale of goods of foreign investors and foreign-invested business entities in Vietnam

Circumstances must adjust business license

A business license is only granted to a foreign-invested enterprise when exercising the rights to import, export, and distribute several goods as prescribed in Clause 1, Article 5 of Decree 09/2018/ND-CP. In the process of business activities, an enterprise that has been granted a business license have to adjust to its business license when there is one of the following changes (Clause 1, Article 11 of Decree 09/2018/ND-CP):

• Name, enterprise identification number, head office address, and legal representative;
• Owners, capital contributors, founding shareholders;
• Distributed goods;
• Activities directly related to the purchase and sale of goods;
• Other contents

Note: In case, an enterprise relocates its head office from one province/city directly under the Central Government to another province/city directly under the Central Government, the enterprise must carry out the procedure for issuance of the business license. The case of adjustment of the business license only applies when the enterprise relocates its head office in the same province (city) where the enterprise is headquartered.

Procedures for adjusting business licenses

Step 1: Submitting and receiving the dossier (Article 15 of Decree 09/2018/ND-CP)

• An application for adjustment of business license (Form No.01 in the Appendix promulgated in conjunction with Decree 09/2018/ND-CP)
• Enterprise registration certificate recording the modified content (an authenticated copy) in case of change of the name, enterprise number, address of the head office, and the legal representative
• Explanation with changed contents/ Confirmation of tax authority not to owe overdue tax/ Certificate of investment registration, Certificate of enterprise registration in case of change of goods to be distributed/ activities directly related to the sale and purchase of goods/owners, capital contributors, founding shareholders
• Power of attorney for the person carrying out the application procedure and receiving the results.

Step 2: Handling the dossier

- Where to submit: The Department of Industry and Trade where the business is located.

- Settlement time: within 10 working days. During this time, the Department of Industry and Trade will conduct verification and review of the enterprise's explanation as well as the conditions to approve the adjusted content. If the adjustment is not appropriate or the documents are not correct according to the regulations, the Department of Industry and Trade shall issue a notice to request the enterprise to amend, supplement or explain in detail. In case, the dossier is valid, the enterprise will be granted a new business license.

Step 3: Receiving the results

When submitting the dossier and receiving the outcomes, the applicant must bring the following documents:

- The receipt with the appointment of the result return.

- ID card or other lawful personal identifications.

- Documents authorizing the applicant to submit dossiers and receive outcomes according to the regulations of the Law.

- The business license has been issued (original)

The above is the adjustment of the business license in HNLAW & PARTNERS Law Firm. If the business still has problems, unknowns, or needs other legal assistance, please contact the online legal consulting department through the hotline: 0912.918.296 for answers. We hope to receive the cooperation of customers!

For more details, please contact Hnlaw & Partners Law Firm

Address: DBS Tower, No.N028, lot 31 khu dịch vụ thương mại và nhà ở Hà Trì, phường Hà Trì, Hà Đông, Hà Nội.

Hotline: 0912.918.296

Email: tuvan.hnlaw@gmail.com