NOTES ON REGISTRATION FOR UPDATING INFORMATION OF CHIP-MOUNTED CITIZEN IDENTIFICATION

Recently, some enterprises received notices purportedly from the Tax Office, requesting to change enterprise registration by March 31, 2023, for the procedure for updating the information of chip-mounted citizen identity card for legal representatives on the Enterprise Registration Certificate. However, this notice was determined by the General Department of Taxation to be fake. At the same time, on 21 March 2023, the Business Registration Administration – Ministry of Planning and Investment officially issued Dispatch 43/DKKD-GS clarifying enterprises' questions. Accordingly, pursuant to the Information from Business Registration Administration, the Administration has exchanged with the General Department of Taxation and the General Department of Taxation affirmed: "There is no policy, nor does it send emails or any notices to taxpayers about requiring enterprises to complete the procedures for updating the chip-mounted citizen identity card for the legal representative on the Enterprise Registration Certificate".

So, in what cases will the update of information on chip-mounted citizen identity ("CCCD") on the Enterprise Registration Certificate ("ERC") be done and what should enterprises pay attention to when changing the ERC to record CCCD information? ATA Legal Services would like to clarify as follow:

1. The contents on the ERC contain CCCD information

In addition, enterprises with branches, representative offices, business locations, on the Certificate of Registration will record information of the heads of these branches, representative offices, and business locations.

2. Cases in which enterprises must carry out procedures for recording new CCCD information on the ERC

1. According to the needs of the business. To save time and resources, enterprises can perform this procedure in combination with the implementation of other procedures for registering changes (if necessary).
2. When the current CCCD/ ID card of the legal representative/owner/capital contributor of the Company has expired, lost, no longer valid.

3. Tasks to be performed after changing CCCD information on the ERC

Because updating CCCD information will lead to the change and issuance of a new ERC, enterprises should pay attention to implementing the following tasks:

1. Enterprises need to send notices of new ERC and new CCCD information of their legal representatives to banks, financial institutions, securities companies, etc. where enterprises are opening accounts, keeping their money, securities, and assets to update information.
2. Public companies should pay attention to carry out procedures for disclosing information on changes in the ERC within 24 hours from the date of receipt of the ERC, update the information of the issuer in accordance with regulations of the Vietnam Securities Depository – VSD and the Stock Exchanges.
3. Enterprises make a list of licenses, certificates, contracts, documents, etc other are currently recording the ERC information and are required to carry out procedures for updating new ERC information in accordance with the law or the contract to implement relevant procedures and works.