Circular No. 02/2023/TT-BKHDT amending regulations on enterprise registration in Vietnam? Does the household business have to re-register for the certificate?
Circular No. 02/2023/TT-BKHDT amending regulations on enterprise registration in Vietnam?
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 Ministry of Planning and Investment providing guidance on enterprise registration.
According to that, in Clause 1, Article 1 of Circular No. 02/2023/TT-BKHDT, clearly explains the concept related to online business household registration as follows:
- Business household registration means the business household registration of business registration and tax registration with the business registration office of the district where the household business is headquartered.
- A business household registration certificate is a paper or electronic document that the business registration office of the district issues to a household business, recording information on business registration and tax registration registered by the household business.
- The information system on enterprise registration is a component of the National Information System on enterprise registration, which is presided over by the Ministry of Planning and Investment to build and operate to send, receive, store, display or perform other operations on household business data for business household registration.
Circular No. 02/2023/TT-BKHDT amending regulations on enterprise registration in Vietnam? Does the household business have to re-register for the certificate?
What does the application for business household registration online from July 1, 2023 include?
According to Clause 2, Article 1 of Circular No. 02/2023/TT-BKHDT, the application for business household registration via the electronic information network must comply with the provisions of Decree No. 01/2021/ND-CP in the form of an electronic document.
According to that, referring to Clause 2, Article 87 of Decree No. 01/2021/ND-CP as follows:
Business household registration in Vietnam
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2. An application for business household registration in Vietnam includes:
a) An application form for business household registration;
b) Legal documents of the individual, for the head of the business household, the household member registering the business household in case the household members register the business household;
c) A copy of the minutes of the meeting of household members on the establishment of the business household in case members of the household register as a business household;
d) A copy of the household member's written authorization for one member to be the head of the household business, in case the household members register as a household business.
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, the application for business household registration via the electronic information network is approved when having the following conditions:
Application for business household registration via electronic information network
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3. An application for business household registration via the electronic information network is approved when it fully meets the following requirements:
a) There are all papers and the contents of those papers are fully declared in accordance with regulations such as paper business household registration documents and presented in electronic documents. The name of the electronic document must correspond to the name of the type of paper in the paper business household registration application. Business household owners, household members or other individuals who sign in the business household registration dossier can use digital signatures to sign directly on electronic documents or directly on paper documents and scan paper documents in the formats specified in Clause 2 of this Article;
b) The business household registration information declared on the business household registration information system must be entered completely and accurately according to the information in the paper business household registration dossier; including information about the applicant's phone number and email address
c) The application for business household registration via the electronic information network must be authenticated by the digital signature of the business household head or the person authorized by the business household owner to carry out the business household registration procedures. In case of authorization to carry out business household registration procedures, the application for business household registration via the electronic information network must be enclosed with the papers and documents specified in Clause 4, Article 84 of Decree No. 01/2011/ ND-CP.
Thus, the application for business household registration via the electronic information network is approved when the above conditions are met.
After July 1, 2023, does the household business have to re-register for the certificate?
On April 18, 2023, the Minister of Planning and Investment issued Circular No. 02/2023/TT-BKHDT amending the guidance on enterprise registration in Circular No. 01/2021/TT-BKHDT.
Thus, Article 3 of Circular No. 02/2023/TT-BKHDT stipulating as follows:
Terms enforcement
1. This Circular takes effect from July 1, 2023.
2. Business households that have been granted business household registration certificates before the effective date of this Circular may continue to operate without being required to re-register under the provisions of this Circular.
3. In the course of implementation, if any problems arise, relevant organizations and individuals are requested to promptly report them to the Ministry of Planning and Investment for study, amendment and supplementation.
Thus, household businesses that have been granted business household registration certificates before July 1, 2023 can continue operating without being required to re-register.
Circular No. 02/2023/TT-BKHDT takes effect from July 1, 2023.
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