What is the procedure for changing the legal representative of a private enterprise?

1. The procedure for registering a change in private enterprise owner is stipulated in Article 54 of Decree 01/2021/ND-CP as follows:

Registering change of private enterprise owner in case of sale, donation of enterprise, or death of enterprise owner

1. In case the owner of a private enterprise sells or donates the enterprise or the owner of a private enterprise dies, the buyer, the donee, or the heir must submit an application for registration of change of the owner of the private enterprise to the Business Registration Office where the enterprise has its head office. The application includes the following documents:

a) Notice of change in business registration contents with signatures of the seller, donor, buyer, or recipient of the private enterprise in case of sale or donation of a private enterprise; signature of the heir in case of death of the private enterprise owner;

b) Copy of legal documents of the individual for the buyer, the person to whom the private enterprise is done, or the heir;

c) Sales contract or documents proving completion of the sale in case of selling a private enterprise; donation contract in case of donating a private enterprise; copy of document confirming the legal inheritance rights of the heir in case of inheritance.

2. 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.

According to the above regulations, in case the private enterprise owner sells or donates the enterprise or the private enterprise owner dies, the buyer, the donee, or the heir must submit an application for registration of change of private enterprise owner or change of legal representative to the Business Registration Office where the enterprise has its head office.

The profile for changing the owner of a private enterprise is specifically guided above.

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.

2. What are the main contents of a business registration certificate issued to a private enterprise?

The contents of the Business Registration Certificate are stipulated in Article 28 of the 2020 Enterprise Law, including the following main contents:

(1) Name of private enterprise and enterprise code;

(2) Head office address of private enterprise;

(3) Full name, contact address, nationality, and legal document number of the individual for the business owner of the private enterprise.

(4) Investment capital for private enterprises.