Updating Citizen Identity Cards With Chips
For enterprises, business registration certificates, operation licenses, etc. with personal information (CCCD, passport, address) of legal representatives and capital contributors and general partners. Therefore, when these subjects have been granted chip-mounted CCCD, businesses should carry out procedures for adjusting relevant licenses to update new information.
Legal basis:
- Law on Enterprises No. 59/2020/QH14 promulgated by the National Assembly on June 17, 2020 (“Law on Enterprises 2020”);
- Decree No. 122/2021/ND-CP issued by the Government on December 28, 2021 (“Decree 122”); and
- Circular No. 01/2021/TT-BKHDT issued by the Ministry of Planning and Investment on March 16, 2021 (“Circular 01”).
- Request for registration of changes to the contents of the enterprise registration certificate
According to Clause 1, Article 30 of the Law on Enterprises 2020, enterprises must register with the Business Registration Authority when changing the contents of the Enterprise Registration Certificate specified in Article 28 of the Law on Enterprises 2020, including changes in “Full name, contact address, nationality, number of legal papers of individuals for legal representatives of limited liability companies and joint-stock companies; for general partners of partnerships; for business owners of private enterprises. Full name, contact address, nationality, number of legal papers of the individual, for members being individuals; name, enterprise code and address of the head office of the member being an organization for a limited liability company”.
The enterprise is responsible for registering changes to the contents of the Enterprise Registration Certificate within 10 days from the date of change.
- Why do we need to update?
According to the provisions of Article 44 of Decree 122, failure to register changes in information on the contents of the enterprise registration certificate, branch, representative office, business location may be administratively sanctioned:
- a fine of between VND 3,000,000 (11 to 30 days past the registration time limit) and VND 20,000,000 (91 days or more past the prescribed time limit) for acts of delaying registration; or
- a fine of up to VND 30,000,000 shall be imposed for failing to register changes.
and force enterprises to carry out procedures for registering changes in the contents of enterprise registration certificates, certificates of operation of branches, representative offices, and business locations.
Based on the above regulations, if the enterprise fails to carry out the procedures for registering to update the chip-mounted CCCD of the legal representative or member on the relevant papers as mentioned above, it may be sanctioned for administrative violations.
However, up to now, because the chip-mounted CCCD is still new and a part of the Vietnamese people have not yet completed the conversion of the old ID card or CCCD to the chip-mounted CCCD, there is still no sanctioning decision for the delay in updating the chip-mounted CCCD. Although there is currently no sanction, state agencies still encourage businesses and individuals to update chip-mounted CCCD information so that the management system between agencies is synchronized and ensures the step by step replacement of personal papers on the basis of information integration and authentication, personal papers into the national database on population, electronic identification applications, etc.
- Procedures for changing the business registration certificate due to updating the chip-based citizen identity card:
Enterprises submit 01 set of online documents to the National Business Registration Portal dangkykinhdoanh.gov.vn to update the chip-mounted CCCD. The dossier includes
- Notice of supplementation and update of enterprise registration information according to the form
- A notarized copy of the changed chip-mounted CCCD card of the owner of the private enterprise, the general partner of the partnership; legal representatives of limited liability companies, joint-stock companies, members of limited liability companies.
- If the applicant is not one of the people listed above, it is necessary to have a written authorization for the individual to carry out procedures related to business registration and a copy of the legal documents of the authorized individual. This authorization document is not required to be notarized or authenticated.
