CAN I REGISTER MY HEAD OFFICE OF BUSINESS AT THE APARTMENT BUILDING?

Answer:

Thank you for trusting and sending questions to FDVN Law Firm (“FDVN”), after researching the legal regulations, we have prepared the answer as follows:

According to Clauses 4 and 5, Article 3 of Circular No. 02/2016/TT-BXD, apartment buildings are divided into two types:

- Apartment building for living purposes means an apartment building designed and built for residential purposes only.

- Mixed-use apartment building is an apartment building designed and built to be used for residential purposes and for other purposes such as offices, services, and commerce.

According to the Law on Housing 2014, apartments for living purposes can only be used for living. In addition, Clause 7, Article 80 of Decree No. 99/2015/ND-CP stipulates the business registration in apartment buildings as follows: “In case a business registration document issued by a competent authority indicates that an apartment is used as business location before the effective date of the Law on Housing, the organization, household, or individual granted with such business registration document must move the business to another location other than an apartment within 06 months from the effective date of this Decree. The competent authority that issued the business registration document must initiate procedures for changing the business location on the business registration document issued to the organization, household, or individual into another location by the deadline specified in this Clause. After this deadline, the organization, household, or individual must not do business at the apartment .

Thus, apartments that are only "for living", cannot be used for business purposes in any form. For apartment buildings with mixed-use purposes, they can be registered as business offices. In this case, when carrying out business registration procedures, individuals and organizations need to present documents proving that the apartment building they are using is a "mixed-use apartment building". In addition, the following documents are also added:

- A decision approving the project of a competent state agency (with details of the head office that the registered enterprise is not in the apartment building);

- A certificate of the project investor, the apartment management board that the address of the registered office of the enterprise is not in the apartment for living;

- The transfer contract, office rental contract, and certification of the People's Committee of the commune/ward/township showing that the address of the registered office of the enterprise is not in the apartment for living.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Hoang Thuy Quynh – FDVN Law Firm

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