04:01 | 01/12/2022

What is the latest form of application for household business registration? What is household business registration in Vietnam?

What is the latest form of application for household business registration? What is household business registration in Vietnam? - Question of Mr. Luan (Binh Phuoc, Vietnam)

Vietnam: What is a household business?

Business households are defined in Article 79 of Decree 01/2021/ND-CP as follows:

- A household business is established by an individual or family household members that shall take responsibility for business operations of the household business with all of their property. If a household business is established by members of a family household, one of them shall be authorized to act as the representative of the household business. The individual applying for registration of household business or the person authorized by the family household members to act as the representative of the household business shall be the owner of the household business.

- Households engaged in agriculture, forestry, aquaculture, salt production, street vendors, nomadic or seasonal businesspeople, and service providers earning low revenues are not required to apply for establishment of household businesses, except for conditional business lines. The provincial People’s Committees shall specify the low revenues applied within their provinces.

What is the latest form of application for household business registration? What is household business registration in Vietnam?

What are the conditions for granting a certificate of household business registration in Vietnam?

According to the provisions of Article 82 of Decree 01/2021/ND-CP, the conditions for granting a certificate of household business registration include:

- Certificates of household business registration shall be issued to household businesses that are duly established and operating under this Decree. A household business shall be issued with the certificate of household business registration if all of the following conditions are satisfied:

+ The registered business lines are not banned;

+ The name of the household business is conformable with regulations of Article 88 hereof;

+ The application for household business registration is valid;

+ Fees for household business registration are fully paid.

- The certificate of household business registration is issued according to information in the application for household business registration, which is provided by the household business founder.

- Information on the certificate of household business registration is effective from its date of issue; the household business is entitled to do business from the date of issue of the certificate of household business registration, except for conditional business lines. In case the household business registers the date of commencement of business after the date of issue of the certificate of household business registration, the household business is entitled to do business from the registered date, except for conditional business lines.

- Every household business may receive the certificate of household business registration directly at the office of the district-level business registration authority or pay fees to receive it by post.

- The household business is entitled to request the district-level business registration authority to provide copies of the certificate of household business registration and pay fees for them.

What is household business registration in Vietnam?

According to the provisions of Article 87 of Decree 01/2021/ND-CP, business households shall register their business households at the business registration office of the district where the household business is located.

Accordingly, a business household registration includes:

- The household business registration shall be carried out at the business registration authority of district where the household business is headquartered.

- An application for household business registration includes:

+ The application form for household business registration;

+ Legal documents of the owner of the household business or family household members applying for household business registration;

+ The copy of the minutes of meeting of family household members on establishment of household business in case the household business is established by family household members;

+ The copy of the letter of authorization made by the family household members to authorize a person to act as the owner of the household business in case the household business is established by family household members.

- When receiving the application, the district-level business registration authority shall give a confirmation slip and issue the certificate of household business registration to the household business within 03 working days from the receipt of the valid application.

If the application is not satisfactory, within 03 working days from the receipt of the application, the district-level business registration authority shall give a written notification to the applicant or the household business founder. Such notification must specify necessary revisions (if any).

- After 03 working days from the date of submission of the application for household business registration, if neither the certificate of household business registration is issued nor the notification of necessary revisions is given, the household business or its founder is entitled to lodge a complaint or denunciation in accordance with regulations of the Law on complaints and denunciation.

- In the first week of every month, the district-level business registration authority shall send a list of household businesses registered in the previous month to the tax authority of the same district, the Business Registration Office, and regulatory agencies of the province.

The latest form of application for household business registration is specified in Appendix III-1 issued with Decree 01/2021/ND-CP as follows:

Download the form of application for household business registration here.

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