Is It Necessary to Provide a Land Use Rights Certificate for Business Household Registration?
Is a Land Use Rights Certificate required for registering a household business?
I am currently in the process of registering a household business; I am opening a snack shop on my residential property. The Land Use Rights Certificate is currently mortgaged at the bank. I would like to know if it is permissible to proceed with the registration without submitting the Land Use Rights Certificate.
Response:
Based on Clause 2, Article 87 of Decree 01/2021/ND-CP, the regulations are as follows:
- The registration dossier for a household business includes:
a) A request form for household business registration;
b) Legal documents of the individual for the household business owner, household members registering the household business in cases where household members are registering the household business;
c) A copy of the family members' meeting minutes regarding the establishment of the household business in cases where household members are registering the household business;
d) A copy of the authorization document from the household members to one member to act as the household business owner in cases where household members are registering the household business.
Therefore, according to the above regulation, you are not required to submit the Land Use Rights Certificate in this case of household business registration.
Is it mandatory for salt-producing households to register a household business?
Please clarify whether a salt-producing household is required to register as a household business.
Response:
According to Clause 2, Article 79 of Decree 01/2021/ND-CP:
Households engaged in agricultural, forestry, aquaculture production, salt production, and individuals selling street goods, snacks, itinerant businesses, seasonal businesses, or low-income service businesses are not required to register as a household business, except for businesses in specific sectors or trades subject to business investment conditions as stipulated by the provincial People’s Committee. The low-income threshold applies locally.
Therefore, according to this regulation, salt-producing households are not required to register as a household business.
Time frame for issuing the Business Registration Certificate for household businesses?
Regarding the legal provisions on registering household businesses. What is the time frame for issuing the Business Registration Certificate for household businesses?
Response:
According to Clauses 3 and 4, Article 87 of Decree 01/2021/ND-CP on enterprise registration:
- Upon receiving the application, the district business registration authority will issue a receipt and, within 3 working days from the date of receipt of a valid application, issue the Business Registration Certificate for the household business.
In case the application is not valid, within 3 working days from the date of receipt, the district business registration authority must notify the applicant or the household business founder in writing. The notification must clearly state the reasons and requirements for amending and supplementing the dossier (if any).
If, after 3 working days from the date of submission of the household business registration application, the household business does not receive a Business Registration Certificate or a notice of required amendments or supplements to the registration application, the founder of the household business or the household business has the right to lodge a complaint or denunciation in accordance with the law on complaints and denunciations.
=> Therefore, according to the above regulation, the time frame for issuing the Business Registration Certificate for household businesses is 3 days from the date of receipt of the application.
Respectfully!
