Change legal representative – From 500,000 VND

The change of legal representative is an important legal procedure in the process of operating and corporate governance. In Vietnam, according to the provisions of Article 50 of Decree 01/2021/ND-CP, enterprises need to register to change the content of the enterprise registration certificate when there is a change in the representative. The article below will guide you in detail each step of the way.

1. When is it necessary to change the legal representative?

Enterprises need to carry out procedures for changing legal representatives in the following cases:

• The former representative resigns, dismisses, or is removed from office.
• Change the organizational structure, the head of the business.
• Appoint a new representative in accordance with the development orientation of the company.
• Personal reasons such as health, migration, or the need for internal change.

2. Legal basis 

• Law on Enterprises 2020.
• Decree No. 01/2021/ND-CP dated January 4, 2021 on business registration, especially Article 50 specifying the change of legal representatives.

3. Dossiers to be prepared to do dservice of changing legal representatives

Enterprises need to prepare complete dossiers according to regulations, including:

► Notice of change of legal representative

The prescribed form of notice is issued together with the Appendix in Decree 01/2021/ND-CP.

► Copy of the new representative’s legal documents

Valid ID/Passport.

► Decision and minutes of the meeting on the change of representative

Depending on the type of business:

One-member limited liability company: Owner’s Determination.

Limited company with two or more members: Decisions and meeting minutes of the Members’ Council.

Joint stock company:

• • If changing the representative and changing the content of the Charter: Minutes of the meeting and the decision of the General Meeting of Shareholders.
  • If the Charter content is not changed: Meeting minutes and decisions of the Board of Management.

► Power of Attorney (if any)

In case the applicant is not a legal representative, a valid power of attorney is required.

Include a copy of the authorized person’s legal documents.

► Announcement of business phone number update

In case the Business Registration Certificate has not updated the phone number, the enterprise needs to add this information in the submission dossier.

4. Place of application

The dossier of change of legal representative is submitted at:

The Business Registration Office of the Department of Finance where the enterprise is headquartered.

5. How to apply

Businesses can choose one of two forms:

• Submit directly to the One-Window Section of the Business Registration Office.
• Submit online via the National Business Registration Portal: https://dangkykinhdoanh.gov.vn

The online application saves time, costs and is more convenient in monitoring the progress of application processing.

6. Time for processing dossiers

Within 03 working days from the date of receiving the valid dossier, the Business Registration Office will issue a new Business Registration Certificate showing the content of the change.

7. Fee for carrying out procedures

When carrying out the procedure to change the legal representative, the enterprise needs to pay the following fees:

• Business registration fee.
• Fee for publication of business registration content.

These fees can be submitted directly to the Business Registration Office or transferred according to the information provided when submitting online.

8. Obligations after change

After completing the procedures and receiving the new Business Registration Certificate, the enterprise needs to:

• Publish the change information on the National Business Registration Portal within 30 days from the date of issuance of the new Certificate.
• Update internal information, notify partners, banks, tax authorities and related units.

9. Some important notes

• The business must notify the change of representative within 10 days from the date of the change decision.
• During the transition period between the old and new representative, legal rights and obligations should be guaranteed without interruption.
• It is recommended to double check the entire application before submitting it to avoid rejection or additional requests that may prolong the processing time.
• In case of changing a representative who is a foreigner, it is necessary to translate and duly notarize personal legal documents.

10. Support services for change of legal representative

If your business does not have time or does not understand the process, you can use the service of changing legal representatives at Navi Accounting to ensure quick, accurate and legal compliance.

Navi’s accountant supports:

• Prepare complete documents.
• Submission of documents and monitoring of processing progress.
• Support the disclosure of information and updates to stakeholders.

See also:

► Change business type

► Suspension of business

If you have a need to use the services of Ketoannavi call now:

0968.555.617

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