Vietnam: Some forms of household business registration have been amended from July 1, 2023 according to Circular No. 02/2023/TT-BKHDT?
What are the household business registration forms as amended according to the new Circular from July 1, 2023?
On April 18, 2023, the Ministry of Planning and Investment issued Circular No. 02/2023/TT-BKHDT amending and supplementing a number of articles of Circular No. 01/2021/TT-BKHDT dated March 16, 2021 of the Minister of Planning and Investment guiding enterprise registration.
According to that, Article 2 of Circular No. 02/2023/TT-BKHDT stipulates as follows:
Article 2.
Forms under Appendices III-1 through III-7 and VI-1 through VI-16 of this Circular shall replace forms under Appendices III-1 through III-6 and VI-1 through VI-14 of Circular No. 01/2021/TT-BKHDT dated March 16, 2021 of the Minister of Planning and Investment.
Thus, the forms under Appendices III-1 through III-3 and under Appendices VI-1 through VI-16 issued together with Circular No. 01/2021/TT-BKHDT related to household business registration will be amended according to Circular No. 02/2023/TT-BKHDT.
Specifically, the amended forms are the following:
- Application form for household business registration
- Notice of changes in household business registration information
- Notice of replacement of owner of household business
- Notice of business suspension/ resumption of business ahead of schedule by the household business
- Notice of shutdown of household business
- Application for re-issuance of certificate of household business registration
- Certificate of household business registration
- Certificate of household business registration (used for re-issuance in case the certificate is lost, burned, torn or otherwise destroyed)
- Notice of revisions to application for household business registration
- Notice of submission of reports on household business’s observance of the Decree on enterprise registration
- Notice of household business’s violation resulting in revocation of Certificate of household business registration
- Notice of shutdown of household business
- Decision on revocation of certificate of household business registration
- Decision on cancellation of changes in household business registration information
- Decision on cancellation of Decision on revocation of Certificate of household business registration
- Confirmation slip of application for household business registration
- Notice of request for suspension of conditional business lines
- Certificate of household business’s registration of business suspension/ resumption of business ahead of schedule
- Notice of invalid certificate of household business registration
- Notice of issuance of Certificate of household business registration due to relocation of business location.
Vietnam: Some forms of household business registration have been amended from July 1, 2023 according to Circular No. 02/2023/TT-BKHDT? (Image from the Internet)
What are the requirements in which documents on household business registration via website shall be approved?
Pursuant to Clause 3, Article 5g of Circular No. 01/2021/TT-BKHDT (supplemented by Clause 2, Article 1 of Circular No. 02/2023/TT-BKHDT), documents on household business registration via website shall be approved when requirements below are met:
Documents on household business registration via website
…
3. Documents on household business registration via website shall be approved when requirements below are met:
a) All documents have been acquired and properly declared as per the law in the same manner as physical documents on household business registration and presented in electronic format. Name of electronic documents must correspond to name of physical documents on household business registration. Owners of household business, household members, or other individuals signing the physical documents on household business registration can sign electronic documents using digital signatures or sign on physical documents then scan the physical documents into formats under Clause 2 of this Article;
b) Household business registration information required on household business registration system must be fully and accurately logged to match that in physical documents on household registration; including phone number and email address of applicants;
c) Documents on household business registration via website must be verified by digital signatures of owners of household business or persons authorized by owners of household business to register for household business. If household business registration is implemented by authorized persons, documents on household business registration via website must include documents under Clause 4 Article 84 of Decree No. 01/2021/ND-CP.
Thus, the documents on household business registration via website shall be approved when the above requirements are met.
How long does it take to register a household business?
Pursuant to Article 87 of Decree No. 01/2021/ND-CP stipulating as follows:
Household business registration in Vietnam
1. The household business registration in Vietnam shall be carried out at the business registration authority of district where the household business is headquartered.
2. An application for household business registration includes:
a) The application form for household business registration;
b) Legal documents of the owner of the household business or family household members applying for household business registration;
c) 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;
d) 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.
3. 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).
4. 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.
5. 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.
Thus, the time to register a household business follows the following process:
- Within 03 working days from the date of receipt of a valid household business registration application, the district-level business registration office must issue a Certificate of household business registration to the household business.
- 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).
Circular No. 02/2023/TT-BKHDT takes effect from July 1, 2023
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