Vietnam: What are the required documents and procedures for suspension of operation of a household business at the business registration authority in 2023?
What does the application for suspension of operation of a household business in Vietnam include?
According to Section 3, Appendix II issued together with Decision 1323/QD-BKHDT 2023, the regulations are as follows:
Components of the application:
(i) Notification of suspension of operation, resumption of opeartion before the notified deadline of the business household;
(ii) A copy of the family members' meeting minutes on the registration of suspension of operation or resumption of opeartion before the notified deadline in case the family members register the business household.
Thus, the application for suspension of operation of household business includes:
- Notification of suspension of operation;
- A copy of the family members' meeting minutes on the registration of suspension of operation in case the family members register the business household.
What are the required documents and procedures for suspension of operation of a household business at the business registration authority in 2023? (Image from the Internet)
What are the procedures for suspension of operation of a household business in Vietnam at the business registration authority in 2023?
The procedures for suspension of operation of a household business in Vietnam at the business registration authority are carried out according to the regulations in sub-section a, Section 3, Appendix II issued together with Decision 1323/QD-BKHDT 2023.
To be specific:
- In case of suspension of operation for 30 days or more, the business household must notify the district-level business registration authority where the business was registered and the supervisory tax authority.
- In case the business household suspends its operation, or resumes its operation before the notified deadline, the business household must send a written notification to the district-level business registration authority where the business household was registered at least 03 working days before the suspension of operation or resumption of operation before the notified deadline.
- After receiving the notification, the district-level business registration authority issues a Receipt Certificate to the business household.
Within 03 working days from the date of receiving a valid application, the district-level business registration authority issues a Confirmation Certificate of the business household suspension registration, and a Confirmation Certificate of the business household resumption registration to the business household.
What is the fine for failing to send the notification of suspension of operation of a household business in Vietnam?
According to Article 63 of Decree 122/2021/ND-CP, the regulations are as follows:
Violations against regulations on information provision and reporting by household businesses
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:
a) Failure to submit a business report at the request of the district-level business registration authority;
b) Changing the household business’s owner without submitting an application for changes to household business to the district-level business registration authority where the household business is registered;
c) Suspending or resuming business ahead of schedule without sending a written notification to the district-level business registration authority where the household business is registered;
d) Changing business location without notifying the district-level business registration authority;
dd) Shutting down a household business without sending a notification or without returning the original certificate of household business registration to the district-level business registration authority;
e) Changing a business line without sending a notification the business registration authority of the district where the household business’s head office is located;
g) Carrying out business operations at multiple locations without notifying the business registration authority of the district where the household business is headquartered, tax authority or market surveillance authority.
In the case of a tax offence, fines therefor shall be imposed according to regulations on penalties for administrative tax offences.
2. Remedial measures:
The violator is compelled to:
a) submit a business report at the request of the district-level business registration authority as requested if the violation specified in Point a Clause 1 of this Article is committed;
b) notify the district-level business registration authority to the enterprise registration if any of the violations specified in Points b, c, d, dd, e and g Clause 1 of this Article is committed.
Thus, according to the above regulations, the fine for failing to send the notification of suspension of operation of a household business in Vietnam ranges from VND 5,000,000 to VND 10,000,000 depending on the nature and severity of the violation.
Additionally, the business household must notify the district-level business registration authority about the suspension of operation.
This fine applies to individuals who violate it; if the organization commits a similar violation, the fine is doubled.
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