Regulations on the certificate of business location registration

The Certificate of Business Location Registration is one of the important legal instruments that enables an enterprise to operate lawfully at its registered business location. A clear understanding of the regulations governing such a certificate not only helps enterprises comply with the law but also provides a solid legal foundation for their business operations. So how do current laws regulate the procedures, contents, and conditions for the issuance of the Certificate of Business Location Registration? Let us explore the details with NPLaw in the article below.

I. Overview of the Certificate of Business Location Registration

The Certificate of Business Location Registration is a legal document issued by the business registration authority, certifying the lawful business location of an enterprise. It is an important document that supplements the Enterprise Registration Certificate and serves to identify the specific location where the enterprise conducts its business activities.

A business location may be a place where manufacturing activities are performed, services are provided, or a representative office is established. The registration and issuance of such a certificate aim to ensure that enterprises comply with legal regulations on business registration, while also facilitating state authorities in managing business activities within their jurisdiction.

II. Legal regulations on the Certificate of Business Location Registration

1. What is a Certificate of Business Location Registration?

A Certificate of Business Location Registration is considered the legal basis issued by a competent authority for the establishment and operation of a business location in the market. An enterprise that fails to provide sufficient valid documents relating to its business location, especially the Certificate of Business Location Registration, may bear legal liability when competent state authorities conduct inspections or reviews of its business operations at such location.

2. Dossier for issuance of the Certificate of Business Location Registration

A complete application dossier for the issuance of the Certificate of Business Location Registration includes:

• Notice of establishment of the business location;
• Identity card or passport of the head of the business location (notarized);
• Letter of introduction or power of attorney authorizing the dossier submitter;
• Notarized identity card or passport of the dossier submitter.

3. Current procedures for obtaining a Certificate of Business Location Registration

Pursuant to Article 31 of Decree No. 01/2021/NĐ-CP, the procedures for submitting a notice of establishment of a business location to obtain the Certificate of Business Location Registration are as follows:

Procedures for applying for the Certificate of Business Location Registration

- Step 1: Preparing a complete dossier.

- Step 2: Within 10 days from the date of the decision to establish the business location, the enterprise submits the notice of establishment of the business location to the Business Registration Office where the business location is situated.

- Step 3: Within 03 working days from the receipt of the valid dossier, the Business Registration Office shall:

• Update information on the business location in the National Database on Enterprise Registration for the enterprise;
• Issue the Certificate of Business Location Registration to the enterprise, if requested;
• In case the dossier is invalid, notify the enterprise in writing of the required amendments or supplements.

III. Questions regarding the Certificate of Business Location Registration

1. What is the current fee for the issuance of the Certificate of Business Location Registration?

Under current regulations, the fee for the initial issuance of the Certificate of Business Location Registration is 50,000 VND per issuance. However, if an enterprise uses consultancy services to complete such a procedure, the total cost may be higher, including service fees and other related charges.

For example, some service providers offer package services ranging from 700,000 VND to 1,000,000 VND, depending on the locality and scope of services.

2. Is it permissible to use a virtual address to obtain the Certificate of Business Location Registration?

A virtual office service essentially provides an address for enterprise registration, rather than an actual workplace or a location where real business activities are conducted. It raises the question of whether using a virtual office address to register the establishment of a business location is lawful.

Pursuant to Article 42 of the Law on Enterprise 2020: The headquarters of an enterprise must be located within the territory of Vietnam, serve as the enterprise’s contact address, be determined according to administrative boundaries, and have a telephone number, fax number, and email address (if any). Accordingly, the law does not prohibit virtual office models, nor does it currently impose specific restrictions on the use of virtual offices as enterprise head office addresses. Therefore, enterprises may use such services as their headquarters or representative office addresses, provided that all legal requirements are satisfied.

Note: When leasing a virtual office, enterprises should select reputable service providers and ensure compliance with the legal conditions stipulated in the Law on Enterprise 2020. At the same time, enterprises should avoid using unlawful addresses, such as apartments or collective housing, as under the Law on Housing 2020, such premises are not permitted to be used for business purposes due to their impact on the living environment and social order, as regulated by the Government.

3. Which authority is competent to issue the Certificate of Business Location Registration?

Pursuant to Article 14 of Decree No. 01/2021/NĐ-CP, the competent authority to issue the Certificate of Business Location Registration is the Business Registration Office under the Department of Planning and Investment of the locality where the business location is situated.

IV. Legal consultancy services related to the certificate of business location registration

The above information addresses common issues regarding the Certificate of Business Location Registration as provided by NPLaw. Should you have any further questions or require additional clarification, please do not hesitate to contact NPLaw via the following details: