In case the foreign company intends to change head office’s address of Investment Certificate. We would like to advise as follows:

Under Vietnam Law, in order to record the new head office’s address, the Company shall be required to apply for the amendment of Investment Certificate.

Based on our practical experience in the similar case before, we anticipate that it shall take about 15-20 days to obtain the amended Investment Certificate from the competent authority in a straight forward case.

Nevertheless, following factors may affect to the progress of the amendment of your Investment Certificate:

+ Your actual implementation of capital contribution schedule as previously recorded on the Investment Certificate.

Please note that, in case the Foreign Investor fails to provide sufficient documents proving that it has fulfilled its obligation of capital contribution as registered, the Competent Authority may suspend consideration progress of your application for amendment of Investment Certificate for recording the new Head Office Address. The Competent Authority shall only continue this progress upon the Investor provide sufficient explanation on this.

+ Business Operation Result as recorded in your audited Financial Statement for the recent year.

Under Vietnam Law, upon applying for amendment of Investment Certificate, one of required documents to be submitted shall be inclusive of the Financial Statement for the most recent year. In case according to the audited Financial Statement for the most recent year show that the business operation result for the most recent year is not positive, the competent authority may also require you to make sufficient explanation on your proposed plan for overcoming such difficulties.

+ In case the Legal Representative of the Company is a foreigner, the competent authority may also require the Company to supplement the Resident Permit of the Legal Representative or equivalent document to prove that he/she resides in Vietnam.

+ Last but not least, the new office for registering the new head office of the company must be legally owned by the Lesser and the Lesser is entitled to lease such office to you. A set of documents for proving this shall be required to be included in the application dossier for submission to the competent authority.

S&B LAW’s QUALIFICATION

We believe that S&B Law is well-positioned to assist clientin obtaining license for new office for following basis:

  • S&B Law’s understanding of Client’s aspirations and requirements
  • Highly skilled and experienced consultants and lawyers with high ability to assist client regarding to approach business goals in Vietnam.

SCOPE OF SERVICES

Our services in this regard will include:

SCOPE OF SERVICES

Preparation of the application documents:

  • Notifying application documents required in accordance with Vietnamese law;
  • Drafting application documents required for submission purpose including application, explanatory statement (similar to a feasibility study), power of attorney, board resolutions in English language;
  • Liaising with client to discuss the draft application documents;
  • Amending the application documents based on client’s comments;
  • Obtaining preliminary comments from the licensing authority on the draft application documents;
  • Finalizing the application documents following comments from the licensing authority; and
  • Translating the final version of the application documents into Vietnamese for execution.
Licensing procedures:

  • Submitting the application dossier to the licensing authority on client’s behalf;
  • Monitoring and following up with the relevant authorities on the approval process;
  • Keeping you updated on the developments and additional requirements, if any; and
  • Assisting client in obtaining the amended investment certificate.
Post-licensing procedures:

Placing an announcement on the amendment of Investment Certificate in the newspaper.

TIMING

  • Within 03 working days counted from client’s delivery of necessary documents and information as provided under legal contract between S&B Law and the Company, we shall transfer necessary documents to the Company for reviewing and signing;
  • Within 20 days from submission of legitimate application dossiers to the Competent Authority, S&B Law shall obtain the Amended Investment Certificate for the Company. (However, in case, the schedule last long time due to the objective reasons, S&B Law shall immediately inform the Company);

Deliverables

The Deliverables will include documents prepared in Vietnamese as required for submission to licensing bodies. Client will review, approve and where necessary sign these documents. S&B Law may provide English translations of these documents (or extracts thereof), but the translated documents should be used for reference other the purposes of discharging client’s responsibility for the positions taken and the underlying company information.

If you would like further information on Changing head office’s address of foreign company in Vietnam, please either email to our Partners at: info@sblaw.vn or call to our Office:

Ha Noi Office: +84 (4) 62 62 0246

HCM Office: +84 (8) 35 208 101.

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