Currently, cases in which individuals’ personal information (such as ID cards, citizen identification cards, or passports) is misused to forge signatures and fraudulently register them as legal representatives of companies established without their knowledge or consent are becoming increasingly common. Such conduct poses significant legal risks to the individuals whose identities have been impersonated. In this article, Dao Viet Law Firm will analyze the potential legal risks and provide guidance on the procedures for resolving such cases in accordance with current applicable laws.

1. Legal Risks for Individuals Whose Identities Have Been Impersonated

When an individual's personal information is unlawfully used to register a company, the impersonated individual may face the following consequences:

- Tax Administration Liability: Companies established through identity fraud are often used for illegal invoice trading or tax evasion. Individuals listed as legal representatives may be required by tax authorities to provide explanations, may face tax assessments, and may be subject to enforcement measures.

- Credit Risks: Bad debts may arise at credit institutions under the company's name, potentially directly affecting the individual's personal credit history recorded in the National Credit Information Center (CIC) system.

- Temporary Suspension of Exit from Vietnam: Pursuant to the Law on Tax Administration 2019, an individual acting as the legal representative of an enterprise subject to enforcement of an administrative decision on tax administration may be subject to a temporary suspension of exit from Vietnam.

- Potential Involvement in Criminal Proceedings: Where criminal proceedings are initiated in connection with the company's misconduct, such as tax-related offenses or fraud and appropriation of property, the individual whose name appears as the legal representative may be summoned to assist with the investigation.

2. Legal Grounds for Handling Violations in Enterprise Registration

Impersonating an individual to prepare and submit documents for company establishment constitutes a serious violation of applicable laws, specifically:

- Clause 4, Article 16 of the Law on Enterprises 2020 identifies prohibited acts, including “making untruthful or inaccurate declarations in enterprise registration dossiers.”

- Point a, Clause 1, Article 212 of the Law on Enterprises 2020 and Point a, Clause 1, Article 75 of Decree No. 01/2021/ND-CP provide for the revocation of an Enterprise Registration Certificate where “the information declared in the enterprise registration dossier is fraudulent.”

3. Procedures to Follow Upon Discovering Identity Impersonation

To protect their lawful rights and interests and terminate their status as the company's legal representative, individuals who discover that their identities have been impersonated should take the following steps:

- Step 1: Report the Incident and Request Signature Examination.File a criminal denunciation with the competent Investigation Police Agency, requesting an examination of the signature appearing in the enterprise registration dossier. The examination results may serve as legal evidence supporting the claim of identity impersonation.

- Step 2: Notify the Tax Authority: Submit a written notice describing the incident to the tax authority directly responsible for managing the company, such as the relevant tax office, to request appropriate measures to prevent further misuse of the company's tax identification number and the continued issuance of fraudulent invoices.

- Step 3: Request Revocation of the Enterprise Registration Certificate: Based on the signature examination conclusion issued by the competent police authority, submit a request to the Business Registration Office under the Department of Planning and Investment, seeking revocation of the Enterprise Registration Certificate issued on the basis of the fraudulent registration dossier.

4. Legal Support Services Provided by Dao Viet Law Firm

Resolving such cases requires individuals to work with multiple competent state authorities and often calls for substantial legal expertise. To help clients address these matters effectively, Dao Viet Law Firm Co., Ltd. provides specialized legal support services, including:

- Advising on and assessing case files and developing an optimal legal strategy.

- Drafting all necessary legal documents, including criminal denunciations, requests for signature examination, and written notices to tax authorities and business registration authorities.

- Acting as an authorized representative of clients in direct dealings with the police, tax authorities, and the Department of Planning and Investment.

- Assisting in resolving related consequences, including correcting inaccurate credit information and seeking the lifting of temporary exit suspension measures.

If you require detailed legal advice or assistance, please contact us directly for timely support.