Is it necessary to register to change the contents of the Business Registration Certificate when changing the ID card to CCCD?
What is the penalty for not updating CCCD?
The enterprise must complete the procedure to update the CCCD chip for the legal representative before March 31, 03, right?
Is it necessary to register to change the contents of the Business Registration Certificate when changing the ID card to CCCD?
Pursuant to Clause 1, Article 30 of the Enterprise Law 2020, this content is specified as follows:
2. Enterprises are responsible for registering changes to the contents of the Certificate of Business Registration within 10 days from the date of change.
Pursuant to Article 28 of the Enterprise Law 2020, the contents of an enterprise registration certificate are as follows:
An enterprise registration certificate includes the following principal contents:
1. Enterprise name and enterprise code;
2. Address of the head office of the enterprise;
3. Full name, contact address, nationality, number of legal papers of the individual, for the legal representative of limited liability companies and joint stock companies; for general partners of a partnership company; for business owners of private enterprises. Full name, contact address, nationality, number of legal papers of the individual, for members being an individual; name, enterprise identification number and head office address of the member being an organization, for limited liability companies;
4. Charter capital for companies, investment capital for private enterprises.
Clause 16, Article 4 of the Law on Enterprises 2020 stipulates the legal papers of individuals
Thus, when the enterprise has a change in the number of legal papers of an individual (from ID card to CCCD, or to CCCD with a chip) of the general partners of the partnership, the owner of the private business, legal representative of limited liability companies and joint stock companies, they must register to change the Certificate of Business Registration.
What is the penalty for not updating CCCD?
Based on the above interpretation in Articles 28 and 30 of the Enterprise Law 2020, when there is a change Personal legal documents (ID card, CCCD, CCCD with chip) must register to change the content of the Certificate of Business Registration.
Pursuant to the provisions of Article 44 of Decree 122/20221/ND-CP on sanctioning of administrative violations in the field of planning and investment, the penalties are as follows:
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for violations of the time limit for registration of changes in contents of the Certificate of Business registration, registration for changes in operation registration contents of branches or offices. representative offices, business locations beyond the prescribed time limit from 11 days to 30 days.
3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for violations of the time limit for registration of changes in contents of the Certificate of Business registration, registration for changes in operation registration contents of branches or offices. representative offices, business locations beyond the prescribed time limit from 31 days to 90 days.
4. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for violations of the time limit for registration of changes in the contents of the Certificate of Business Registration, for registration of changes in the contents of the operation registration of the branch or office. representative offices, business locations beyond the prescribed time limit by 91 days or more.
5. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failure to register changes in the contents of the Certificate of Business registration, or to register for changes in the operation registration contents of the branch or representative office. , place of business.
Thus, according to the law, when enterprises do not register to change their business registration papers when updating personal legal papers (IDs, CCCDs, CCCDs with chips), they may be fined for administrative violations. Depending on the severity of the violation, you may be warned or may be fined up to 30 million VND.
The enterprise must complete the procedure to update the CCCD chip for the legal representative before March 31, 03, right?
The General Department of Taxation rejected the information that sent a notice requesting to update CCCD
Recently, the General Department of Taxation has received a report that a center/support group of the General Department of Taxation has sent a notice: "No later than March 31, 3, enterprises must complete the procedure to update the CCCD with chip installed. for the legal representative on the Business Registration and has a fee of several hundred to several million dong.
The General Department of Taxation confirms that there is no policy, nor does it send email or any notice to taxpayers about the above.. The notice "No later than March 31, 3, the enterprise must complete the procedure to update the CCCD chip for the legal representative on the Business Registration" is a notice impersonating, impersonating the General Department of Taxation; This is an illegal act, taking advantage of the tax authority's name for personal gain, defrauding businesses, and damaging the reputation and image of the tax industry.
Mandatory changes to information on business registration certificates are prescribed in the Law on Enterprises No. 68/2014/QH13 effective from July 01, 07. Accordingly, when there is a change in the number of legal papers of an individual for the legal representative, the enterprise must register with the business registration agency within 2015 days from the date of the change.
It is recommended that taxpayers be vigilant and promptly coordinate in providing information and timely reporting on fraudulent acts to the local police or tax authorities.
Actual arising of CCCD renewal
In fact, about the renewal of CCCD, the following cases arise:
[1] The ID card on the business registration certificate is still valid, not in the case of having to change to a CCCD with a chip, of course, the business does not need to change and will not be fined.
Therefore, without changing the business registration information, there is no need to carry out the change procedure.
[2] Chip-attached CCCD allocation procedures generally do not control a specific time, and chip-attached CCCDs can be obtained after a period of time from the issue date indicated on the CCCD.
Therefore, some cases cannot comply with the regulations that must be registered for changes within 10 days from the date of changes as prescribed in Clause 2, Article 30 of the Enterprise Law 2020.
