Can my business headquarters be located in an apartment?

Can my business headquarters be located in an apartment?
Posted date: 07/10/2023

Legal situation: I observe that in many cases, a company's business address may be registered at the owner’s resident location. I now live in a condominium and would like to know if I may register my company address at the address of my condominium. I'd appreciate it if a lawyer could offer any guidance on this. Thank you very much.

FDVN’s Opinion:

Thank you for your concern and for sending your question to the FDVN Law Firm (“FDVN”). After studying the relevant legal provisions, we would like to share our opinions as follows:

According to Clause 4 and 5 of Article 3 of Regime promulgated together with Circular No. 02/2016/TT-BXD, apartment building comprises 2 types as follows:

- Residential apartment building refers to an apartment building designed and constructed for residential purpose only.

- Mixed use apartment building refers to an apartment building designed and constructed for residential, office, service and commercial purposes.

According to Law on Housing 2014, residential apartment building is used for residential purpose only.

Besides, it is stated in Clause 7 of Article 80 of Decree No. 99/2015/NĐ-CP on the registering the business operation at the apartment building that: “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.” 

As a result, condominiums designated for residential use solely may not be utilized for business purposes in any way. They can be used as a business address for mixed-use condominiums. Individuals or groups establishing a company in this case must submit dossiers confirming that the condominium they are utilizing is a "mixed-use condominium." They must also give the following extra documents

- Decision on the approval of the project by the competent state authority (with specific information on the registered business location not being in a residential condominium);

- Letter of confirmation from the project owner and the condominium management board on the anticipated business address, which is not located in a condominium for residence;

- Transfer agreement, office leasing agreement, and confirmation letter from the People's Committee of the ward/community/township indicating the desired business address that is not located in a condominium for residence.

FDVN's advising opinion on your request is based on our examination of the applicable legal laws. We hope that FDVN's advice will be useful to you.

Hoàng Thuý Quỳnh  – FDVN Law Firm



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