Available in Vietnam: Circular 02/2023/TT-BKHDT on amendments to amend regulations on business registration

Available in Vietnam: Circular 02/2023/TT-BKHDT on amendments to amend regulations on business registration (Internet image)

Accordingly, Circular 02/2023/TT-BKHDT has amended and supplemented a number of provisions in Circular 01/2021/TT-BKHDT, for example as follows;

1. New regulations on household business code in Vietnam

According to Article 5b of Circular 01/2021/TT-BKHDT (amended in Circular 02/2023/TT-BKHDT), the business household code is as follows:

- Household business code is a series of number randomly generated by the Tax Registration Application System, transferred to household business registration system, and issued to applicant household business. Household business code shall be displayed on Certificate of household business registration.

This code also acts as taxpayer identification number (TIN) of the household business.

- Procedures for generating household business code:

+ If household business registration is satisfactory in order for Certificate of household business registration to be issued, household business registration system communicates and transfers the registration to Tax Registration Application System;

+ Tax Registration Application System receives the transferred registration information and examines conformity of information in accordance with tax registration laws.

If registration information is satisfactory in accordance with tax registration laws, Tax Registration Application System automatically generates household business code, authorizes tax authorities to govern household business, and transfers these pieces of information to household business registration system.

If registration information is not satisfactory according to tax registration laws, Tax Registration Application System automatically responds and transfers to household business registration system;

+ On the basis of information provided by Tax Registration Application System, business registration authority of district issues Certificate of business household registration and notifies supervisory tax authority of persons applying for establishment of business household; if the registration is not satisfactory, business registration authority of district must issue notice on revision and amendment of the registration.

2. Additional regulations on documents on household business registration via website in Vietnam

Documents on household business registration via website according to Article 5g of Circular 01/2021/TT-BKHDT (amended in Circular 02/2023/TT-BKHDT) is as follows:

- Documents on household business registration via website include documents specified under Decree 01/2021/ND-CP and are presented in electronic document format.

Documents on household business registration via website shall have the same legitimacy as the physical documents on household business registration.

- Electronic documents mean documents in form of data messages created or digitalized from physical documents and accurately, adequately conveying contents of the physical documents. Electronic documents can have “.doc”, “.docx”, or “.pdf” format.

- Documents on household business registration via website shall be approved when requirements below are met:

+ All documents have been acquired and properly declared as per the law in the same manner as physical documents on household business registration and presented in electronic format. Name of electronic documents must correspond to name of physical documents on household business registration.

Owners of household business, household members, or other individuals signing the physical documents on household business registration can sign electronic documents using digital signatures or sign on physical documents then scan the physical documents into formats under Clause 2 of Article 5g of Circular 01/2021/TT-BKHDT (amended in Circular 02/2023/TT-BKHDT);

+ Household business registration information required on household business registration system must be fully and accurately logged to match that in physical documents on household registration; including phone number and email address of applicants;

+ Documents on household business registration via website must be verified by digital signatures of owners of household business or persons authorized by owners of household business to register for household business.

If household business registration is implemented by authorized persons, documents on household business registration via website must include documents under Clause 4 Article 84 of Decree 01/2021/ND-CP.

- Household businesses are allowed to revise and supplement documents on household business registration via website within 60 days from the date on which business registration authority of district issues notice requesting revision and addition of registration documents.

If household businesses fail to submit revised or additional household business registration documents within the time limit, business registration authority of district shall cancel household business registration in accordance with procedures detailed on household business registration system.

More details can be found in Circular 02/2023/TT-BKHDT effective from July 1, 2023.

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