In what cases are businesses not allowed to change the content of their business registration?

Pursuant to Clause 1, Article 65 of Decree 01/2021/ND-CP regulating cases where businesses are not allowed to register changes to business registration content as follows:

Cases of non-registration, notification of changes in business registration content
1. Enterprises are not allowed to register or notify changes to the business registration content in the following cases:
a) The Business Registration Office has issued a Notice of violation of the enterprise in the case of revoking the Business Registration Certificate or has had a Decision to revoke the Business Registration Certificate;
b) Is in the process of dissolution according to the dissolution decision of the enterprise Enterprise;
c) At the request of the Court or Enforcement Agency or Investigation Agency, Head, Deputy Head of Investigation Agency, Investigator specified in the Criminal Procedure Code;
d) The enterprise is in the legal status of “No longer doing business at the registered address”.
…

Thus, businesses are not allowed to register changes to the business registration content in the following 4 cases:

[1] Enterprises in cases where the Business Registration Office has issued a notice that the enterprise has violated the Business Registration Certificate or has had a Decision to revoke the Business Registration Certificate;

[2] The enterprise is in the process of dissolution according to the enterprise’s dissolution decision;

[3] At the request of the Court or Judgment Enforcement Agency or Investigation Agency, the Head, Deputy Head of the Investigation Agency, or Investigator stipulates;

[4] The enterprise is in the legal status of “No longer doing business at the registered address”.

When does an enterprise register to change the content of the Business Registration Certificate?

Pursuant to Article 30 of the Law on Enterprises 2020 stipulates the registration of changes in the content of the Business Registration Certificate as follows:

Register to change the content of the Business Registration Certificate
1. Enterprises must register with the Business Registration Authority when changing the content of the Business Registration Certificate specified in Article 28 of this Law.
2. Enterprises are responsible for registering changes to the content of the Business Registration Certificate within 10 days from the date of change.
…
Referencing Article 28 of the Law on Enterprises 2020, it stipulates the content of the Business Registration Certificate as follows:

Contents of the Business Registration Certificate
The Business Registration Certificate includes the following main contents:
1. Business name and business code;
2. Address of the enterprise’s headquarters;
3. Full name, contact address, nationality, legal document number of individual for legal representatives of limited liability companies and joint stock companies; for general members of a partnership; for business owners of private enterprises. Full name, contact address, nationality, legal document number of individual for individual members; name, business code and head office address of the organizational member for a limited liability company;
4. charter capital for companies, investment capital for private enterprises.

Thus, businesses must register to change the content of the Business Registration Certificate within 10 days from the date of change to the following content:

– Business name;

– Head office address of the enterprise;

– Information of legal representatives, partners, members of limited liability companies with two or more members, owners of private enterprises;

– Change of legal representative, partnership member, member of a limited liability company with two or more members, owner of a private enterprise;

– charter capital for the company;

– Investment capital for private enterprises.

Request form to announce business registration content in 2024?

Pursuant to Clause 3, Article 35 of Decree 01/2021/ND-CP stipulating the request to announce business registration content as follows:

Announcement of business registration content
..
3. The request for publication of business registration contents and payment of fees for publication of business registration contents are made at the time the enterprise submits its business registration application. In case the enterprise is not granted business registration, the enterprise will be refunded the fee for publishing the business registration content.
Thus, the enterprise will submit a request to publish the business registration content and pay the publication fee at the time the enterprise submits the business registration application.

The request for publication of business registration content is made according to Form II – 24 Downloaded in Appendix 2 issued with Circular 01/2021/TT-BKHDT.