Can a single-member limited liability company choose the rental home address as its business headquarters?

What is the head office of an enterprise?

Article 42 of the Law on Enterprises 2020 regulates the head office of an enterprise as follows:

“Article 42. Head office of the enterprise

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

Pursuant to legal regulations, the head office of a single-member limited liability company is:

The headquarters of a single-member limited liability company is located in the territory of Vietnam, is the contact address of the single-member limited liability company and is determined according to the administrative unit boundaries;

Head office has phone number, fax number and email (if any).

Which places are not allowed to conduct business activities?

The law also has regulations on certain locations where business activities are not allowed, specifically according to Article 6 of the 2014 Housing Law and Article 35 of Decree 99/2015/ND-CP.

Specifically, Article 6 of the Housing Law 2014 regulates:

“Article 6. Prohibited acts

1. Infringement of housing ownership rights of the State, organizations, households, and individuals.

2. Obstructing the performance of state management responsibilities on housing, the implementation of rights and obligations regarding ownership, use and housing transactions of organizations, households and individuals.

3. Decide on project investment policies or approve housing construction investment projects not according to approved construction plans, programs and housing development plans.

4. Construction of housing on non-residential land; comply with design standards and area standards for each type of housing that the State has regulations on design standards and housing area standards. Applying the wrong method of calculating housing use area as prescribed by law in housing purchase contracts and lease purchase contracts.

5. Illegally occupying housing area; encroaching on spaces and parts under common ownership or of other owners in any form; arbitrarily change the load-bearing structure or change the design of the privately owned part in the apartment building.

6. Use the area and equipment under common ownership and use for private use; misuse the area under common ownership or the service area in a mixed-use apartment building compared to the decision on investment policy for a housing construction project and approved project content, unless permitted by a competent state authority to change the use purpose.

7. Improper use of mobilized capital or prepaid housing purchase money for housing development.

8. The investor of a housing construction project authorizes or assigns a party participating in investment cooperation, joint venture, association, business cooperation, capital contribution or other organizations or individuals to sign contracts for leasing, renting, buying and selling housing, deposit contracts for housing transactions or land use rights business in the project.

9. Carrying out purchase and sale transactions, transfer of purchase and sale contracts, leases, lease purchases, gifts, exchanges, inheritance, mortgages, capital contributions, loans, temporary housing, and authorization of housing management in contravention of the provisions of this Law.

10. Renovating, expanding, demolishing houses currently rented, leased, borrowed, lived in, or authorized for management without the owner’s consent.

11. Using the apartment for non-residential purposes; Use the business area in an apartment building according to an approved project for the purpose of trading inflammable and explosive materials, providing services that cause environmental pollution, noise or other activities that affect the lives of households and individuals in the apartment building according to Government regulations.

12. Using individual houses for the purpose of trading inflammable and explosive materials or providing services that pollute the environment and noise, affecting social order and safety and daily life of residential areas without complying with the provisions of the law on business conditions.

13. Reporting and providing housing information that is inaccurate, dishonest, not in accordance with regulations or not in accordance with the requirements of competent state agencies; sabotaging and falsifying information in the housing database managed by competent state agencies.”

At the same time, Article 35 of Decree 99/2015/ND-CP also stipulates:

“Article 35. Prohibited acts in management and use of apartment buildings

1. Using operating management funds and maintenance funds for shared ownership areas inconsistent with the provisions of the Housing Law, this Decree and Regulations on management and use of apartment buildings issued by the Ministry of Construction.

2. Causing seepage or leakage; causing excessive noise as prescribed by law or discharging waste, wastewater, exhaust gases, or toxic substances in contravention of the law on environmental protection or not in accordance with the regulations on management and use of apartment buildings.

3. Raising and raising livestock and poultry in the common area Apartment.

4. Painting and decorating the exterior of an apartment or apartment building not in accordance with regulations on design and architecture.

5. Arbitrarily changing the function or use of the common area of the apartment building; arbitrarily changing the function and use of the area other than for mixed-use apartment buildings compared to the approved design or approved by the competent authority. authority to approve.

6. Prohibition of trading in the following industries and goods in the business area of the apartment building:

a) Explosive materials and industries that endanger the lives and property of apartment building users according to the provisions of fire prevention and fighting law;

b) Business of nightclubs; engines; livestock slaughtering; other polluting service business activities according to the provisions of law on environmental protection.

In case of restaurant, karaoke, and bar services, they must ensure soundproofing, comply with requirements on fire prevention and protection, have emergency exits, and comply with other business conditions as prescribed by law.

7. Carry out other related prohibited acts to the management and use of apartment buildings specified in Article 6 of the Housing Law.”

Accordingly, we are only allowed to use apartments or collective houses for residential purposes, and are not allowed to use them for business purposes in different forms and also regardless of whether this is a small or medium-sized business.

Because the information you provided is incomplete, we cannot determine whether this rental house is an apartment or a group house. In case the house you are renting is not located in the locations where the above business activities are not allowed, you can still use this house to register the headquarters address during the process of establishing your single-member limited liability company.

What are the procedures for changing the head office address of a 1-member Limited Liability Company?

According to the provisions of Article 47 of Decree 01/2021/ND-CP, the registration to change the head office address of a 1-member Limited Liability Company is specifically carried out as follows: as follows:

“Article 47. Registering to change the address of the enterprise’s head office

1. Before registering to change the head office address to a district, province, or centrally run city other than the place where the head office is located, leading to a change of management tax authority, the enterprise must carry out procedures with the tax authority related to relocation according to the provisions of law on tax.

2. In case of moving the head office address, the enterprise submits the application to change the business registration content to the Business Registration Office where the new headquarters is located. The dossier includes the following documents:

a) Notice of change in business registration content signed by the legal representative of the enterprise;

b) Resolution and decision of the enterprise. company owner for a single-member limited liability company; resolution, decision and copy of the meeting minutes of the Board of Members for a limited liability company with two or more members, a partnership, and the General Meeting of Shareholders for a joint stock company on the transfer of the enterprise’s headquarters address.

3. After receiving the business registration application, the Business Registration Office issues a receipt and checks the validity of the application file and issue a Business Registration Certificate to the enterprise according to regulations.

4. When changing the address of the enterprise’s headquarters, the rights and obligations of the enterprise do not change.”

Thus, if in the future there is a need to change the headquarters address of your single-member limited liability company, you only need to carry out the procedures to change the headquarters address according to the above legal regulations.