What are the forms and conditions for a business to be allowed to change its general partners?

1. Forms of change

Pursuant to the provisions of sub-section 8, Section I, Part B, procedures issued with Decision 855/QD-BKHĐT 2021, there are 03 forms of registration for change of general partners in a general partnership as follows:

- Register business directly at the Business Registration Office;

- Business registration via postal service;

- Register business via electronic information network.

2. What is the procedure for registering changes in general partners in a general partnership?

Pursuant to the provisions of sub-section 8, Section I, Part B, procedures issued with Decision 855/QD-BKHĐT 2021, the procedure for registering changes to general partners in a general partnership is as follows:

* In case of direct registration or via postal service:

- In case of termination of partnership membership or admission of new partnership members as prescribed in Articles 185 and 186 of the Enterprise Law, the partnership shall submit a dossier of registration of changes to the business registration contents to the Business Registration Office where the company has its head office.

- After receiving the business registration dossier, the Business Registration Office shall issue a Receipt, check the validity of the dossier and issue a Business Registration Certificate to the enterprise.

* In case of online registration using public digital signature:

- The applicant declares information, downloads electronic documents, signs and authenticates the business registration dossier via the electronic information network and pays the business registration fee according to the process on the national business registration information portal (https://dangkykinhdoanh.gov.vn).

- After completing the submission of the business registration application, the applicant will receive a Business Registration Receipt via the electronic information network.

- In case the dossier meets the conditions for granting business registration, the Business Registration Office shall grant the business registration and notify the enterprise of the granting of business registration. In case the dossier does not meet the conditions for granting business registration, the Business Registration Office shall send a notice via the electronic information network to the enterprise requesting amendments and supplements to the dossier.

* In case of online registration using Business Registration Account:

- The applicant uses the Business Registration Account to declare information, download electronic documents and sign to authenticate the business registration dossier via the electronic information network and pay the business registration fees according to the process on the national business registration information portal (https://dangkykinhdoanh.gov.vn). In case of authorizing the implementation of business registration procedures via the electronic information network using the Business Registration Account, the authorization document must include the contact information of the authorized person to authenticate the submission of the business registration dossier via the electronic information network.

- After completing the submission of the registration dossier, the applicant will receive a Business Registration Receipt via the electronic information network.

- The Business Registration Office shall issue a business registration certificate to the enterprise if the dossier meets the requirements and notify the enterprise of the issuance of the business registration certificate. If the dossier does not meet the requirements, the Business Registration Office shall send a notice via the electronic information network to the enterprise requesting amendments and supplements to the dossier.

Regarding the announcement of business registration contents: The request to announce business registration contents is made at the time the business submits the business registration dossier.