Is it compulsory to register for individual business households when trading Banh Mi in Vietnam?

Is it compulsory to register for individual business households when trading Banh Mi in Vietnam?

Pursuant to Article 3 of the Decree 39/2007/NĐ-CP stipulating as follows: 

1. Individuals doing trade mean individuals who everyday themselves conduct one, several or all activities allowed by law on goods purchase and sale, service provision and other activities with purpose of profitability but do not register their business as prescribed by law on business registration and not be called as “trader” as prescribed by the Commercial Law. Particularly including individuals doing the following trade activities:

a) Street trading (trading in public places) means activities of purchase and sale without a fixed location (purchase on street, sale on street or both purchase and sale on street), includes even the receipt of books, news, magazines, cultural products of traders allowed doing business in these products as prescribed by law, for sale on street;

b) Petty trading means purchase and sale of small and odd items with or without a fixed location;

c) Petty-food trading means sale of fruits, cakes, candies, drinks (beverage) with or without a fixed locations;

d) The consignment trading means purchase of goods from other places according to each consignment to sell for wholesalers or retailers;

dd) Providing services: Polishing shoes, selling lottery tickets, repairing key, repairing vehicles, safekeeping for vehicles, washing for vehicles, barber, painting, taking photo and other services with or without fixed locations;

e) Other commercial activities done independently and regularly do not have to register for business.

2. Movable business means commercial activities without fixed location.

As regulations above, your business is not an independently and regularly and you do not have to register for business.

Is it permissible for individual business households to join social insurance in Vietnam?

Pursuant to Clause 3, Article 2 of the Law on Social Insurance in 2014 stipulating subjects of application as follows: 

3. Employers covered by compulsory social insurance include state agencies, non-business units and people's armed forces units; political organizations, socio-political organizations, socio-politico-professional organizations, socio-professional organizations and other social organizations; foreign agencies and organizations, and international organizations operating in the Vietnamese territory; enterprises, cooperatives, individual business households, cooperative groups, and other organizations and individuals that hire or employ employees under labor contracts.

As regulations above, if you are employers of individual business households, you shall participate in compulsory social insurance.

Best regards!