During the course of operations, for various objective and subjective reasons, enterprises may need to change the registered operational content of their branches. Therefore, the need to understand the legal regulations regarding changes to the registered operational content of a branch of an enterprise is also very important. With this article, NPLaw will accompany our esteemed Clients in clarifying the basic legal issues regarding changes to the registered operational content of branches.
I. The current need to change the registered operational content of branches
Throughout the business operation process, it is difficult for enterprises to avoid changing information related to the activities of their branches due to various objective and subjective reasons, such as changes in personnel scale, changes in job activities, and company development strategies... Recently, due to the impact of the economy as well as social changes, many enterprises have made significant changes to the registered operational content of their branches. This reflects a significant shift in the current enterprise environment in Vietnam.
II. Legal regulations related to the issue of changing the registered operational content of branches
1. What is changing the registered operational content of a branch? When is it necessary to change the registered operational content of a branch?
According to the current enterprise law regulations, registering a branch's operation is one of the legal activities involved in the process of enterprise registration. It can be understood that changing the registered operational content of a branch is an act of altering the information related to the registered operational content of a branch, such as the location of the branch, the name of the branch, the business activities of the branch, etc.
The registered operational information of the branch is recorded in the Branch Operation Registration Certificate. Therefore, when there are changes to this information, it is necessary to update the content of the Branch Operation Registration Certificate. Pursuant to Clause 4, Article 45 of the Law on Enterprises 2020 regarding the registration of branch operations, representative offices of enterprises, and notification of business locations as follows: 4. Enterprises are responsible for registering changes to the content of the Branch Operation Registration Certificate, Representative Offices within 10 days from the date of the change.
Accordingly, in the event of any changes to the operation content of the branch, the enterprise must update the registered content of the branch.
2. Procedure for changing the registered operational content of branches
Pursuant to Clause 2, Article 62, Decree 01/2021/ND-CP regulating the registration of changes in the registered operational content of branches, representative offices, and business locations, the steps are as follows:
Step 1: The enterprise submits a Notice to change the registered operational content of the branch to the Business Registration Office where the branch is located.
Step 2: Upon receiving the enterprise's Notification, the Business Registration Office issues a Receipt, checks the validity of the dossier, updates the registered operational information of the branch in the National Database on business registration, and issues the Branch Operation Registration Certificate within 03 working days from the date of receiving the valid dossier.
The Business Registration Office issues a Certificate of Change in the registered operational content of branch, representative office, and business location if the enterprise needs it.
Thus, the procedure for changing the registered operational content of branches includes the two steps mentioned above.
3. The competent authority to approve changes to the registered operational content of branches
Pursuant to clauses 2 and 3 of Article 62 of Decree No. 01/2021/ND-CP mentioned above, the competent authority responsible for handling the procedures for changing the registered operational content of the branch is the Business Registration Office where the branch is located.
In the case of transferring the branch address to a province or city directly under the central government, different from the registered branch location, the competent authority responsible for handling the procedure to change the business location is the Business Registration Office where the branch is moving to.
Thus, the competent authority to handle the procedure for changing the business location is the Business Registration Office at the location of the branch or the location to which the branch will be moved (if it involves changing the branch address).
III. Questions related to changes in the registered operational content of branches
1. Does changing the registered operational content of a branch require changing the business registration certificate?
Pursuant to Clause 4, Article 45 of the Law on Enterprises 2020 regarding the registration of branch operations, representative offices of enterprises, and notification of business locations as follows: 4. Enterprises are responsible for registering changes to the content of the Branch Operation Registration Certificate, Representative Offices within 10 days from the date of the change.
Accordingly, when changing the registered operational content of the branch, the enterprise is required to change the business registration certificate.
2. How long does it take to change the registered operational content of a branch?
Pursuant to Clause 2, Article 62 of the Law on Enterprises 2020: Upon receiving the enterprise's notification, the Business Registration Office shall issue the Certificate of Branch Operation Registration, Representative Office, and Business Location Registration Certificate within 03 working days from the date of receiving the valid dossier.
Thus, the duration for processing the change in the registered operational content of a branch is 03 working days from the date the enterprise submits a complete and valid dossier.
3. What is the fee for changing the registered operational content of a branch?
Based on the Fee Schedule, the business registration fee pursuant to Circular 47/2019/TT-BTC regulates that the business registration fee (including new issuance, reissuance, changes to the content of the enterprise registration certificate, and the operation registration certificate for branches, representative offices, and business locations) is 50,000 VND per time, and the fee for publishing the business registration content is 100,000 VND per time.
Therefore, the law regulates that the fee for changing the registered operational content of a branch is 50,000 VND per time.
IV. Legal services related to changes in the registered operational content of branches
Above is the legal advisory content from Ngoc Phu Limited Liability Law Company (NPLaw) regarding the changes to the registered operational content of branches. In case you have any questions related to legal issues regarding changes to the registered operational content of branches, please contact Ngoc Phu Limited Liability Law Company immediately to receive thorough and prompt advice from our team of lawyers.
