Procedure for Changing Business Activities:
Changing or adding business activities for a joint-stock company in Vietnam is crucial and requires compliance with existing legal regulations. This process is a part of the necessary adjustments to align business operations with the company’s development and actual needs.
Steps to Change Business Activities:
- Prepare Documents: Clearly identify the business activities to be added or removed. The necessary documents include:
- Minutes of the General Meeting of Shareholders on the change of business activities.
- Resolution of the General Meeting of Shareholders on the change of business activities.
- Notification of the change in business activities (Appendix II-1).
- Power of attorney if the person submitting the documents is not the legal representative of the company.
- A valid copy of the Business Registration Certificate, Investment Certificate (if applicable).
- Submit the Documents: The company can submit documents directly at the Business Registration Office or through the online business registration system.
- Fee Payment: Changing business activities generally does not incur fees, but a fee for publishing business registration information (around VND 100,000 per time) is required.
Important Considerations:
- Ensure that the business activity codes are accurate according to Decision 27/2018/QD-TTg on the Vietnamese Standard Industrial Classification.
- For conditional business activities, the company must meet all legal requirements before registering additional activities.
Legal Impact:
The regulation that a seal is not required on documents such as the notice of change in business registration details, minutes of the General Meeting of Shareholders, or resolutions regarding changes in business activities is clearly stated in Article 4 of Decree 01/2021/ND-CP. This regulation helps save time and simplifies the registration process, especially in the context of digitalization and online registration.
Conclusion:
While the process of changing business activities is not complicated, it requires the company to follow all steps and legal regulations thoroughly. Understanding and complying with these regulations will help the company smoothly adjust its business operations to suit development needs while avoiding unnecessary legal risks.
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