Conditions for businesses to be allowed to carry out procedures to change general partners?

According to sub-section 8, Section I, Part B, procedures issued with Decision 855/QD-BKHĐT 2021, the conditions for enterprises to be allowed to carry out procedures to change general partners include the following 6 groups of conditions:

1. Enterprises are not allowed to register or notify changes to enterprise registration contents in the following cases:

- The Business Registration Office has issued a Notice of violation of the enterprise that results in revocation of the Business Registration Certificate or has issued a Decision to revoke the Business Registration Certificate;

- In the process of dissolution according to the enterprise's dissolution decision;

- At the request of the Court or the Enforcement Agency or the Investigation Agency, the Head, Deputy Head of the Investigation Agency, and the Investigator as prescribed in the Criminal Procedure Code;

- The business is in the legal status of "No longer operating at the registered address".

2. Enterprises are allowed to continue registering and notify changes to business registration contents in the following cases:

- Has taken measures to correct violations as required in the Notice of violation of the enterprise subject to revocation of the Certificate of Business Registration and has been accepted by the Business Registration Office;

- Must register changes to some business registration contents to serve the dissolution process and complete the dissolution dossier according to regulations. In this case, the registration dossier for changes must be accompanied by a written explanation from the business about the reason for registering the changes;

- There is written approval from organizations and individuals submitting requests as prescribed in Point c, Clause 1, Article 65 of Decree 01/2021/ND-CP on allowing continued registration of changes to business registration contents;

- The enterprise's legal status has been changed from "No longer operating at the registered address" to "In operation".

3. Enterprises are responsible for notifying changes to business registration contents within 10 days from the date of change.

* Business registration dossiers are received to enter information into the National Business Registration Information System when the following conditions are met:

- Have sufficient documents as prescribed in Decree 01/2021/ND-CP;

- The business name has been filled in the Application for registration of changes to business registration contents;

- Have paid all business registration fees as prescribed.

* Online business registration applications are accepted when all of the following requirements are met:

- Have all documents and the contents of those documents are fully declared according to the regulations as paper documents and are presented in the form of electronic documents. The name of the electronic document must correspond to the name of the type of document in the paper document. The person authorized to sign the document requesting business registration or another individual signing the business registration dossier can use a digital signature to sign directly on the electronic document or sign directly on the paper document and scan the paper document according to the formats specified in Clause 2, Article 43 of Decree 01/2021/ND-CP;

- Business registration information declared on the national business registration portal must be complete and accurate according to the information in the paper file; including information on the phone number and email of the applicant;

- The business registration dossier via the electronic information network must be authenticated by the digital signature or Business Registration Account of the person authorized to sign the business registration application or the person authorized by the person authorized to sign the business registration application to carry out the business registration procedure. In case of authorization to carry out the business registration procedure, the business registration dossier must be accompanied by the papers and documents specified in Article 12 of Decree 01/2021/ND-CP.

* Enterprises are not required to stamp the notice of change in business registration content. Stamping of other documents in the business registration dossier shall comply with relevant legal provisions.