Which agency should household businesses send applications for relocation to the business registration authority in Vietnam?

Which agency should household businesses send applications for relocation to the business registration authority in Vietnam?

In Clause 4, Article 90 of Decree No. 01/2021/ND-CP on registration of changes to household business registration information as follows:

4. In case a household business is relocated to another district, the household business must send an application for relocation to the business registration authority of the district to which it is relocated. The application must include copies of the following documents:

a) The notification of changes to household business registration information which bears the signature of the owner of the household business;

b) The copy of the minutes of meeting of family household members on relocation of the household business if the household business is established by family household members;

c) Copies of legal documents of the owner of the household business or family household members applying for household business registration.

According to this Article, in case you want to change your business location, you must send an application for relocation to the business registration authority of the district to which it is relocated in Vietnam.

How much is fine for changing business location without notifying business registration authority in Vietnam?

Article 63 of Decree 122/2021/ND-CP stipulates violations against regulations on information provision and reporting by household businesses as follows:

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Failure to submit a business report at the request of the district-level business registration authority;

b) Changing the household business’s owner without submitting an application for changes to household business to the district-level business registration authority where the household business is registered;

c) Suspending or resuming business ahead of schedule without sending a written notification to the district-level business registration authority where the household business is registered;

d) Changing business location without notifying the district-level business registration authority;

dd) Shutting down a household business without sending a notification or without returning the original certificate of household business registration to the district-level business registration authority;

e) Changing a business line without sending a notification the business registration authority of the district where the household business’s head office is located;

g) Carrying out business operations at multiple locations without notifying the business registration authority of the district where the household business is headquartered, tax authority or market surveillance authority.

In the case of a tax offence, fines therefor shall be imposed according to regulations on penalties for administrative tax offences.

2. Remedial measures:

The violator is compelled to:

a) submit a business report at the request of the district-level business registration authority as requested if the violation specified in Point a Clause 1 of this Article is committed;

b) notify the district-level business registration authority to the enterprise registration if any of the violations specified in Points b, c, d, dd, e and g Clause 1 of this Article is committed.

Besides, in Clause 2, Article 4 of Decree 122/2021/ND-CP, the fine levels are as follows:

2. The fines for administrative violations specified in this Decree are imposed upon organizations (except for the fines for violations specified in Point c Clause 2 Article 28; Points a and b Clause 2 Article 38; Article 62 and Article 63 of this Decree, which are imposed upon individuals). For the same violation, the fine incurred by an individual is 1/2 (half) that incurred by an organization.

According to this Article, in case of changing business location without notifying business registration authority, the household business may be fined from VND 2,500,000 to VND 5,000,000, and at the same time be forced to notify with the business registration authority of the district in accordance with regulations in Vietnam.

What are law regulations on household business registration in Vietnam?

Article 87 of Decree 01/2021/ND-CP stipulates household business registration as follows:

1. The household business registration 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.

The above are the provisions of the law on household business registration in Vietnam.

Best Regards!