Changes of business lines
According to the regulation of point a clause 1 Article 32 Law on Enterprise 2014, An enterprise must notify the business registration agency when changing content: Change of the business lines.
Step 1: Submitting dossier of change of the business lines to Business registration Office where the enterprise registered
The dossier for the change of business lines is stipulated in Article 49, Decree 78/2015/NĐ-CP, which includes:
- An announcement contains:
a) Name, enterprise identification number, tax identification number, or number of Business registration certificate (in case the enterprise has not had an enterprise identification number or tax identification number);
b) The additional or changed business lines;
c) Full name and signature of the legal representative of the enterprise.
- Decision on change of business lines;
- A legitimate copy of the minutes of meeting of the Board of members to a multi-member limited liability company, the General Meeting of Shareholders to a joint-stock company, general partners to a partnership company
- A power of attorney of inplementing procedure on changing the business lines (if any) due to the regulation in clause 2 Article 32 Law on enterprises 2014: The representative of the enterprise shall notify the changes in the contents of enterprise registration within 10 working days after the change is made.
According to clause 3 Article 49 Decree 78/2015/NĐ-CP, the enterprise changes and completes the dossier within 03 work days in case the dossier of announcement of the change of the business lines is not satisfactory.
According to Clause 4 Article 49 Decree 78/2015/NĐ-CP: Within 10 work days from the date of the change of the business lines. In case there has a change but the enterprise has not notified, it would incur penalties in accordance with penalties for administrative violations against regulations on planning and investment.
Step 2: Announcement of changing and supplying contents of enterprise registration
Because business lines fall into contents of enterprise registration so the enterprise carries out the annoucement of contents of enterprise . According to clause 2, 3 Article 33 Law on Enterprises 2014
– In case of a change in the contents of enterprise registration, such change shall be publicly announced on the National Enterprise Registration Portal
– The time limit for public announcement of enterprises’ information is 30 days from the starting date of announcement.
For more details please contact HnLaw & Partners