When establishing a business location, the joint stock company must notify the Cois legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Within what time limit must a joint stock company notify the Business Registration Authority of establishing a business location?
The time limit within which a joint stock company must notify the Business Registration Authority when establishing a business location is specified in Article 45 of the 2020 Enterprise Law as follows:
Register the operation of branches and representative offices of the enterprise; Notice of business location
1. Enterprises have the right to establish branches and representative offices domestically and abroad. Enterprises can place one or more branches and representative offices in a locality according to the administrative unit boundaries.
2. In case of establishing a branch or representative office in the country, the enterprise sends the application to register the operation of the branch or representative office to the Business Registration Authority where the enterprise locates the branch or representative office. Profile includes:
a) Notification of establishment of branches and representative offices;
b) A copy of the establishment decision and a copy of the meeting minutes on the establishment of the enterprise’s branch or representative office; Copies of personal legal documents for heads of branches and representative offices.
3. Within 03 working days from the date of receipt of the dossier, the Business Registration Authority is responsible for reviewing the validity of the dossier and issuing the Branch and Representative Office Operation Registration Certificate; In case the dossier is not valid, the Business Registration Authority must notify the enterprise in writing of the content that needs to be amended or supplemented. In case of refusal to issue a branch or representative office operation registration certificate, the enterprise must be notified in writing and clearly state the reason.
4. Enterprises are responsible for registering changes to the content of the Certificate of registration of branch and representative office operations within 10 days from the date of change.
5. Within 10 days from the date of deciding on the business location, the enterprise shall notify the business location to the Business Registration Authority.
6. The Government shall detail this Article.
According to the above regulations, the joint stock company is responsible for notifying the business location to the Business Registration Authority within 10 days from the date of deciding on the business location.
The latest form of notification on registration of business location of a joint stock company?
According to Form II-7 issued with Circular 01/2021/TT-BKHDT, the latest form of notice of registration of business location of a joint stock company currently has the following form:
How is the naming of a joint stock company’s business location regulated?
The name of the business location is set according to the provisions of Article 40 of the Law on Enterprises 2020 as follows:
Name of branch, representative office and business location
1. Names of branches, representative offices, and business locations must be written with letters in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.
2. The name of the branch, representative office, and business location must include the business name accompanied by the phrase “Branch” for the branch, the phrase “Representative office” for the representative office, the phrase “Business location” for the business location.
3. The name of the branch, representative office, and business location must be written or attached at the branch headquarters, representative office, and business location. The name of the branch or representative office is printed or written in smaller font size than the Vietnamese name of the enterprise on transaction papers, documents and publications issued by the branch or representative office.
At the same time, Article 20 of Decree 01/2021/ND-CP regulates the registration of branch names, representative offices, and business locations as follows:
Register name of branch, representative office, business location
1. Names of branches, representative offices, and business locations comply with the provisions of Article 40 of the Enterprise Law.
2. In addition to names in Vietnamese, branches, representative offices, and business locations of enterprises can register names in foreign languages and abbreviated names. A name in a foreign language is a name translated from a Vietnamese name into one of the foreign languages in the Latin script. Abbreviated names are abbreviated from Vietnamese names or names in foreign languages.
3. The proper name in the name of the branch, representative office, or business location of the enterprise must not use the phrases “company” or “enterprise”.
4. For enterprises with 100% state capital that are converted into dependent accounting units due to reorganization requirements, they are allowed to retain the state enterprise name before reorganization.
Thus, naming and registering the business location of a joint stock company must comply with the following regulations:
– The name of the business location must be written with letters in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.
– The name of the business location must include the business name followed by the phrase “Business location”.
– The name of the business location must be written or attached to the business location’s headquarters.
– In addition to the name in Vietnamese, the business location of the enterprise can register a name in a foreign language and an abbreviated name.
A name in a foreign language is a name translated from a Vietnamese name into one of the foreign languages in the Latin script. Abbreviated names are abbreviated from Vietnamese names or names in foreign languages.
– The proper name part of the business location name of the enterprise must not use the phrases “company” or “enterprise”.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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