What are rights and obligations of owners of household businesses and family household members applying for household business registration in Vietnam?

What are rights and obligations of owners of household businesses and family household members applying for household business registration in Vietnam? What are regulations on certificate of household business registration in Vietnam? What are rules for household business registration in Vietnam? 

Thank you!

1. What are rights and obligations of owners of household businesses and family household members applying for household business registration in Vietnam?

Pursuant to Article 81 of the Decree 01/2021/ND-CP stipulating rights and obligations of owners of household businesses and family household members applying for household business registration in Vietnam as follows: 

1. The owner of a household business shall fulfill tax and other financial liabilities, and perform business operations of the household business in accordance with regulations of law.

2. The owner of a household business shall represent the household business in civil proceedings, as the plaintiff, defendant, person with relevant interests and duties in front of the court or arbitral tribunal, and perform other rights and obligations as prescribed by law.

3. The owner of a household business may hire another person to manage and direct business operations of the household business. In this case, the owner and other family household members applying for household business registration remain liable for debts and other asset-related liabilities arising from business operations.

4. The owner and other family household members applying for household business registration shall be liable for all business operations of the household business.

5. They shall perform other rights and obligations as prescribed by law.

2. What are regulations on certificate of household business registration in Vietnam?

Pursuant to Article 82 of the Decree 01/2021/ND-CP stipulating certificate of household business registration in Vietnam as follows: 

1. 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:

a) The registered business lines are not banned;

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

c) The application for household business registration is valid;

d) Fees for household business registration are fully paid.

2. 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.

3. 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.

4. 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.

5. 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.

3. What are rules for household business registration in Vietnam? 

Pursuant to Article 84 of the Decree 01/2021/ND-CP stipulating rules for household business registration in Vietnam as follows: 

1. The household business or its founder shall complete the application for household business registration and take legal responsibility for the legitimacy, truthfulness, and accuracy of information therein.

2. The district-level business registration authority is responsible for the legitimacy of the application for household business registration, not violations of law committed by the household business or its founder.

3. The district-level business registration authority is not responsible for settling disputes between individuals of a household business or between the them with other entities.

4. The owner of the household business may authorize another entity to follow procedures for household business registration as prescribed in Article 12 hereof.

Best regards!

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