Application form for and certificate of household business registration in Vietnam 2023

Application form for and certificate of household business registration in Vietnam 2023 (Internet image)

1. Application form for household business registration in Vietnam

Application form for household business registration in Vietnam is specified in Appendix III-1 attached to Circular 01/2021/TT-BKHDT.

Application form for household business registration

Note when filling out the application for business household registration:

(1) - Business households have the right to freely conduct business in industries and trades not prohibited by law;

- Investment and business lines and trades prohibited under Article 6 of the Investment Law;

- For conditional business lines, business households may only do business when they fully satisfy the prescribed conditions. The list of conditional business lines and industries is specified in Appendix IV issued with the Law on Investment.

(2) The owner of the household business directly signs this section.

 2. Conditions for grant of certificate of household business registration in Vietnam

Pursuant to Article 82 of Decree 01/2021/ND-CP, certificates of household business registration shall be issued to household businesses that are duly established and operating under Decree 01/2021/ND-CP.

Certificate of household business registration

A household business shall be issued with the certificate of household business registration if all of the following conditions are satisfied:

- The registered business lines are not banned;

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

- The application for household business registration is valid;

- Fees for household business registration are fully paid.

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.

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.

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.

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. Rights to establish household businesses and obligations to apply for household business registration in Vietnam

Article 80 of Decree 01/2021/ND-CP stipulates the rights to establish household businesses and obligations to apply for household business registration as follows:

- Any individual or family household member that is a Vietnamese citizen and has full legal capacity as prescribed in the Civil Code shall have the right to establish household businesses in accordance with this Chapter, except the following cases:

+ Minors; people with limited legal capacity; incapacitated people; people having difficulties in controlling their behaviors;

+ People who are facing criminal prosecution, kept in temporary detention, serving an imprisonment sentence, serving an administrative penalty in a correctional institution or rehabilitation center, or is prohibited by the court from holding certain positions or doing certain works;

+ Other cases prescribed by relevant laws.

- Each individual or family household member mentioned in Clause 1 of Article 80 of Decree 01/2021/ND-CP may register only one household business nationwide, and is entitled to contribute capital to and buy shares/stakes of other enterprises as an individual.

- Individuals and family household members that apply for household business registration must not concurrently hold the position of sole proprietor, general partner of a partnership, unless otherwise agreed by the other general partners.

Nguyen Nhu Mai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE