Regulation of the company's headquarters in apartment buildings

Question:

I am planning to establish the company and the company is headquartered in the apartment where I was staying. Please ask my lawyer's corporate headquarters are located in apartment no. Sincerely.

Answer

Regarding your problem, I would be answered as follows:

"Headquarters is a business communications and transactions of the enterprise must be located on the territory of Vietnam, have been identified address, including house number, street name (or alley) or the name of communes, wards and towns, districts, towns and provincial cities, provinces and cities directly under the Central Government, phone number, fax number and e-mail (if available) ".

Thus, the understanding of the Enterprise Law does not prohibit businesses based in their own homes by households and individuals.

However, the Official 2544 / BXD-QLN on the implementation of regulations on management and use of the condominium by the Ministry of Construction dated 19/11/2009 has proposed the directive of the People's Committees Hanoi and Ho Chi Minh city and other provinces do not allow the owner / owners of apartments condominiums converted from residential use to office, facility production, as opposed to business use, not security, disruptive, disorderly and directly affected the daily life of the residents living in the apartment building.

Thus, to understand, to not allow corporate headquarters only applies to apartments with residential uses. For apartment buildings mixed office that assigns the area to be used for commercial purposes, private commercial and private residential area, if firms have used the area for business purposes, commercial headquarters would not be contrary to the direction of the Building Official in 2544.

In this case, you need to present documents proving the purpose of his apartment for Business Registration Office records considered acceptable.

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