Resolution 1111/NQ-UBTVQH14 was issued by the Standing Committee of the National Assembly on December 9, 2020, regarding the establishment of Thu Duc City. Accordingly, Thu Duc City will be established by merging three districts: District 2, District 9, and Thu Duc District. The resolution takes effect from January 1, 2021.
From January 1, 2021, all legal documents, papers, and business licenses must be updated to reflect the correct name of Thu Duc City.
Businesses located in the three districts undergoing transformation are responsible for supplementing and updating their business information to reflect the new administrative boundaries.
When changes in administrative boundaries lead to changes in information on the business registration certificate and other legal documents, the procedure for making these changes is as follows:
1. Changes to the business registration certificate of the enterprise.
Submit the updated business registration information to the Business Registration Office – Department of Planning and Investment of the province/city directly under the central government.
Profile include:
- Notification regarding the addition and updating of business registration information using the form in Appendix II-5 of Circular 20/2015/TT-BKHĐT;
- Notification of changes to tax registration details using the form in Appendix II-1 of Circular 20/2015/TT-BKHĐT;
- Decisions and meeting minutes of the Board of Members for limited liability companies with two or more members, of the General Meeting of Shareholders for joint-stock companies, and of the partners for partnerships; Decisions of the company owner for single-member limited liability companies.
Result received: Business registration certificate with updated registered office address.
2. Re-engrave the company seal (Change the seal design)
- If the seal was issued before July 1, 2015, the business needs to submit a letter requesting the cancellation of the seal, along with the Certificate of Seal Registration and the old company seal, to the police agency. After successfully canceling the old seal, the company should contact a seal engraving company to have a new seal made with the updated address.
- Before using a new seal, the company must notify the Business Registration Office about the seal design and the number of seals, as specified in Appendix II-9 of Circular 20/2015/TT-BKHĐT.
- If the company seal is dated after July 1, 2015: the company should contact the seal engraving unit directly to have a new seal made. Afterward, the company should notify the Business Registration Department – Hanoi City Department of Planning and Investment about the seal design and the number of seals.
Result obtained: A legally valid company seal for use.
3. Adjust the address information on the invoice.
The Ho Chi Minh City Tax Department has issued guidelines for adjusting invoices for businesses in Thu Duc City, requiring them to purchase new invoice books.
According to the guidelines in Official Letter 333_CTTPHCM-TTHT on the use of invoices issued by Thu Duc City, accordingly:
Since the business registration certificate has been updated by the competent authority to reflect the new administrative unit address (or from the date the Thu Duc City state administrative apparatus officially begins operation – February 7, 2021), organizations and individuals doing business in the area whose administrative unit name has changed should record the address information and are not required to send a notification of information adjustment in the invoice issuance notice (TB04/AC) to the directly managing tax authority (Form No. 3.13, Appendix 3 issued with Circular 39/2014/TT-BTC).
- Businesses using self-printed invoices or electronic invoices must proactively install software to change the address information on invoices and documents to reflect the new administrative unit name;
- For pre-printed invoices, the old administrative unit information should be crossed out, and the new administrative unit information should be stamped on the pre-printed invoices with address information for continued use.
- For organizations and individuals conducting business who purchase invoices from the tax authority, they should cross out the old administrative unit information and stamp the new administrative unit information on invoices that already have the address stamped on them, either to continue using them or to delete them and purchase a new invoice book.
4. Update the investment certificate or investment registration certificate.
This applies only to foreign direct investment (FDI) companies with an Investment Certificate or Investment Registration Certificate.
For cases involving foreign capital but in the form of indirect investment without an Investment Certificate or Investment Registration Certificate, this procedure does not need to be followed.
Document components: Updating the company address when District 9, District 2, and Thu Duc District are upgraded to Thu Duc City.
- Application for adjustment of investment project;
- Report on the implementation of the investment project up to the time of adjustment;
- The investor's decision to adjust the investment project;
