OUR INSTRUCTION

UPDATING NEW PASSPORT OF LEGAL REPRESENTATIVE ON BUSINESS REGISTRATION CERTIFICATE IN VIETNAM 2024

Thursday, 27/06/24

If your company's legal representative in Vietnam has obtained a new passport, you'll need to update the information on your Business Registration Certificate/ Enterprise Registration Certificate (ERC). This process ensures your company's information remains accurate with the authorities. The Law on Enterprises of Vietnam (2020) mandates companies to register any changes to information on their ERC. This includes updates to the legal representative's details, as outlined in Article 28 and Article 30 Clause 1.

Besides that, The Law on Enterprises (2020) and Decree 70/2023/ND-CP (effective September 18, 2023) work hand-in-hand to regulate businesses and foreign workers in Vietnam. In Vietnam, any change to your company's legal representative requires updating the Business Registration Certificate. This applies whether you're appointing a new foreign expat to the role or simply updating the current legal representative's passport information. Failing to keep the business license current can lead to complications when applying for a Vietnam Work Permit for the foreign legal representative. By ensuring your business license reflects the latest details, you can avoid delays and ensure a smooth work permit application process.

 

RELATION BETWEEN VIETNAM ENTERPRISE LAWS 2020 & DECREE 70/2023/ND-CP (EFFECTIVE SEPTEMBER 18, 2023)

In general, The Law on Enterprises sets the foundation for company establishment and management. On the other hands, Decree 70/2023/ND-CP builds upon this foundation by providing specific regulations for foreign worker employment by these companies.

LAW ON ENTERPRISES (2020)

DECREE 70/2023/ND-CP ON WORK PERMITS

  • Establishes the legal framework for establishing and managing businesses in Vietnam, including foreign-owned companies.
  • Defines the concept of a "legal representative" who acts on behalf of the company. (Article 14)
  • Mandates companies to register any changes to information on their Business Registration Certificate, including updates to the legal representative's details. (Article 28 and Article 30 Clause 1)
  • Focuses specifically on foreign workers in Vietnam, outlining regulations for obtaining work permits, exemptions, and management of foreign labor by businesses.
  • Doesn't replace the Law on Enterprises but acts as a more detailed regulation specific to foreign worker employment.
  • Companies established under the Law on Enterprises can utilize Decree 70/2023/ND-CP to understand the process of hiring foreign workers and ensure they comply with legal requirements for work permits.


DOCUMENT CHECKLIST UPDATING NEW PASSPORT NUMBER OF THE LEGAL REPRESENTATIVE 2024

NO.

LIST OF DOCUMENTS

HOW TO PREPARE

QUANTITY

1

Form Notice on Supplementing and updating business registration information

Sign & Seal

1 set

2

Power of Attorney

Sign & Seal

1 set

3

New Passport of the Legal Representative

Notarized true copy

1 set

4

Current Business Registration of the Company

Original

1 set


DOCUMENT CHECKLIST UPDATING THE LEGAL REPRESENTATIVE ON THE VIETNAM BUSINESS REGISTRATION CERTIFICATE 2024

NO.

LIST OF DOCUMENTS

HOW TO PREPARE

QUANTITY

1

Form Decision of the Company Owner on Changing New Legal Representative

Sign & Seal

1 set

2

Form Notice on Changing the Company Legal Representative

Sign & Seal

1 set

3

Form Notice on Supplementing and updating business registration information

Sign & Seal

1 set

4

Power of Attorney

Sign & Seal

1 set

5

Passport of the New Legal Representative

Notarized true copy

1 set

6

Current Business Registration of the Company

Original

1 set


DETAILED ON STEP-BY-STEP PROCESS AND OTHER ESSENTIAL INFORMATION

Step to follow

  • Step 1: Prepare complete documents according to the checklist above
  • Step 2: Submit documents to the Department of Planning and Investment Registration where you registered to open a company according to one of the submission forms below.
  • Step 3: Wait for results

Submission method

A business license can be obtained by one of the following three methods:

  • Apply online via the National Information Portal;
  • Send paperwork by mail indirectly through the VNPost postal service;
  • Send your application straight to the Department of Planning and Investment's Business Registration Office - Applicable to localities that do not require online submission

Competent authority

 Department of Planning and Investment

Processing time

Within 3 working days from the date of receiving the application, the Department of Planning and Investment will review the application and process as follows:

  • If the application is meeting all requirements: the Department issues the business license and notifies the company about the license issuance;
  • If the dossier is not meeting all requirements: The Department sends a notice of request to amend or supplement the dossier. At that time, you need to amend the application as required and resubmit according to the instructions above.

 

RELATED ARTICLES TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD


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