Is the head office of a single-member limited liability company allowed to get an apartment address?

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

According to the provisions of Article 42 of the Law on Enterprises 2020 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 phone number, fax number and email (if any).”

The headquarters of a 1-member limited liability company must meet the following conditions:

– 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;

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

What is an apartment house?

According to the provisions of Clause 3, Article 3 of the Housing Law 2014 as follows:

“Article 3. Interpretation of terms

…

3. An apartment building is a house with 2 or more floors, with many apartments, with common walkways and stairs, with private ownership, common ownership and infrastructure systems for common use by households, individuals and organizations, including apartment buildings built for residential purposes and apartment buildings built for mixed use purposes for residence and business.”

Based on legal regulations, there are two types of apartment buildings with two different uses:

– Apartment buildings for residential purposes;

– General houses have mixed uses for residential and business purposes.

Can an apartment building be used as the headquarters of a single-member limited liability company?

Pursuant to Article 6 of the Housing Law 2014, which stipulates the following prohibited acts:

“Article 6. Prohibited acts

1. Infringement of property rights Housing ownership by the State, organizations, households, and individuals.

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

3. Decide on project investment policies or approve housing construction investment projects that do not follow approved construction planning, programs, and housing development plans.

4. Building houses on land that is not residential land; Construction does not 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 way to calculate housing use area as prescribed by law in housing purchase and sale 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 privately owned parts 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 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 not in accordance with the provisions of this Law.

10. Renovating, expanding, demolishing houses currently rented, rented, borrowed, rented, or managed 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.”

Article 35 of Decree 99/2015/ND-CP also regulates prohibited acts in the management and use of apartment buildings as follows:

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

1. Using funds for operation management and maintenance of common areas not in accordance with the provisions of the Housing Law, this Decree and the Regulations on management and use of apartment buildings issued by the Ministry of Construction.

2. Causes seepage and leakage; causing excessive noise as prescribed by law or discharging waste, wastewater, exhaust gases, or toxic substances in contravention of legal regulations on environmental protection or in contravention of regulations on management and use of apartment buildings.

3. Herding and grazing livestock and poultry in the apartment building area.

4. Painting and decorating the exterior of apartments and condominiums does not comply with regulations on design and architecture.

5. Arbitrarily change the function and purpose of using common ownership and common use of the apartment building; arbitrarily change the function or use of the non-residential area in a mixed-use apartment building compared to the approved design or approved by a competent authority.

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

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

b) Disco business; motor vehicle repair; livestock slaughter; Other polluting service business activities according to the provisions of law on environmental protection.

In case of restaurant, karaoke, or bar service business, it must ensure soundproofing, comply with fire and explosion prevention requirements, have an emergency exit, and comply with other business conditions according to the provisions of law.

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

According to housing laws, we are only allowed to use apartment buildings for residential purposes, and are not allowed to use them for business purposes in different forms and do not distinguish whether this is a small or medium-sized business. However, mixed-use apartments have both residential and business functions such as office rentals, supermarkets, etc. Therefore, apartments in apartment buildings that are planned for office and mixed-use purposes are still used as the company’s headquarters address.