Instructions on registration of changes to household business registration information in Vietnam

Instructions on registration of changes to household business registration information in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Instructions on registration of changes to household business registration information in Vietnam

Instructions on registration of changes to household business registration information under Article 90 of Decree 01/2021/ND-CP are as follows:

(1) The owner of the household business shall apply for registration of changes to the certificate of household business registration with the business registration authority within 10 days from the occurrence of such changes.

(2) When changing household business registration information, except the cases prescribed in (3) and (4) of this section, the household business shall send an application for changes to household business registration information to the district-level business registration authority where the household business is registered. The application includes the following documents:

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

- The copy of the minutes of meeting of family household members on changes to household business registration information if the household business is established by family household members;

(3) In case of replacement of the owner of the household business, the household business sends the application for changes to household business registration information to the district-level business registration authority where the household business is registered. The application includes the following documents:

- The notification of replacement of the owner of the household business which bears the signatures of the old owner and the new older, or which bears the signature of the new owner in case of replacement of the owner of the household business due to inheritance;

- A sale contract or documents proving completion of the sale of the household business; donation contract; copy of the certificate of the inheritor’s lawful right to inheritance in case of replacement of the owner of the household business due to inheritance;

- The copy of the minutes of meeting of family household members on replacement of the owner of the household business if the household business is established by family household members;

- 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.

After the sale, donation or inheritance of the household business, the household business shall still be liable to debts and other asset-related liabilities incurred by the household business before the transfer of the household business, unless otherwise agreed upon by the household business, buyer, beneficiary, inheritor and creditors.

(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:

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

- 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;

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

(5) 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 inform the household business of necessary revisions.

Within 03 working days from the issuance date of the certificate of business household registration, the business registration authority of the district to which the household business is relocated must send a notification to the business registration authority of the district where the business household was registered.

(6) When receiving a new certificate of household business registration in case of changes to household business registration information, the old certificate must be returned.

2. Rules for household business registration in Vietnam 

Rules for household business registration under Article 84 of Decree 01/2021/ND-CP are as follows:

- 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.

- 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.

- 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.

- The owner of the household business may authorize another entity to follow procedures for household business registration as prescribed in Article 12 of Decree 01/2021/ND-CP.

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