Do you have to submit a paper application for business registration?

I am the Owner and Legal Representative of a Single-member Limited Liability Company, established in May 2017. Currently, because of the change of head office, I want to carry out the procedure to adjust the business registration. However, my company's stamp is lost. So, I want to ask if the application of adjusting the business registration signed by me must be sealed on? I already have a business registration account on the national business registration system, after submitting an electronic application, is it mandatory to submit a paper application?

Looking forward to FDVN Lawyer's advice. Thank you.

FDVN’s Opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

 [1]. Regarding stamping on the Notices and Decisions on adjusting business registration

According to Clause 5, Article 4 of Decree No. 01/2021/NĐ-CP dated January 04, 2021, on the rules for enterprise registration:

“5. The enterprise is not required to append a seal on the application form for enterprise registration, notification of changes to enterprise registration, resolutions, decisions and minutes of the meeting included in the application for enterprise registration. Appending seal on other documents included in the application for enterprise registration shall comply with relevant laws.”

Referring to the above regulations, when carrying out the procedures for adjusting business registration, your company is not required to stamp in the Notices and Decisions but only needs to sign and clearly state your name if you are the owner and the legal representative.

[2]. Regarding submitting an application on paper for adjusting the business registration

In case you already have a legal business registration account at the National Business Registration Portal (dangkysinhdoanh.gov.vn), you can carry out the procedure to adjust your business registration information online with your business registration account under the procedures specified in Article 45 of Decree 01/2021/ND-CP.

“Article 45. Procedures for online enterprise registration using business registration account

1. The applicant shall use a business registration account to enter information, download electronic documents, append signatures on the online application for enterprise registration, and pay application fees/charges according to the procedures on the National Business Registration Portal. In case of authorization to follow online procedures for enterprise registration using the business registration account, the letter of authorization must contain the contact information of the authorized person for authenticating the submission of an online application for enterprise registration.

2. After the application is sent, the applicant will receive a confirmation slip.

3. If the application is satisfactory, the Business Registration Office shall issue the enterprise registration certificate and notify to the applicant. If the application is not satisfactory, the Business Registration Office shall send an online notification of necessary revisions to the applicant.

4. Procedures for online enterprise registration are also applied to the registration of the enterprise’s branches, representative offices, and business locations.”

Thus, you can declare information, download forms, and submit business registration documents online. Then, you may pay business registration fees and charges online on business registration without having to submit paper documents to the Business Registration Office - Department of Planning and Investment where the Company is located.

Nguyễn Thị Sương – FDVN Law Firm

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