May a Single-Member LLC Use an Apartment Address as Its Head Office?

What is the head office of a single-member limited liability company?

Under Article 42 of the Law on Enterprises 2020 as follows:

“Article 42. Head office of an enterprise

Related services

Real Estate Project Legal Advisory

If you are preparing a property transaction, project transfer or land-related file review, ANT Legal can help identify legal risks and suitable next steps.

Explore this service Message on Zalo Copy WeChat Send consultation request

Website information is for general reference only and does not replace legal advice for a specific matter.

The head office of an enterprise is located on the territory of Vietnam, is the contact address of the enterprise and is determined according to administrative boundaries; has a telephone number, fax number and email (if any).”

The head office of a single-member limited liability company must meet the following conditions:

– The head office of the enterprise is located on the territory of Vietnam, is the contact address of the enterprise and is determined according to administrative boundaries;

– The head office has a telephone number, fax number and email (if any).

What is an apartment building?

Under the Law on Housing 2023 (No. 27/2023/QH15, effective from 01/8/2024, replacing the Law on Housing 2014), an apartment building is a house with 02 or more floors, with many apartments, common passages and staircases, private ownership parts, common ownership parts and shared infrastructure systems for households, individuals and organizations; including apartment buildings built for residential purposes and apartment buildings built for mixed use (residential and business).

May an apartment be used as the head office of a single-member limited liability company?

Under the Law on Housing 2023 and Decree 100/2024/ND-CP, the law strictly prohibits using apartment units for non-residential purposes. Therefore, you may not use a residential apartment unit as the head office of a single-member limited liability company.

For apartment buildings for mixed use (residential and business), you may only locate your head office at areas permitted for business under the approved project, and may not conduct business lines or trade in goods prohibited in apartment buildings such as flammable or explosive materials, services causing environmental pollution, noise or affecting residents’ lives.

Where you rent a separate house (not an apartment unit), you may still register that address as the head office, provided the address is determined according to administrative boundaries and is the contact address of the enterprise under Article 42 of the Law on Enterprises 2020.