Regulations on re-issuance of certificate of household business registration in Vietnam under Decree 01/2021/ND-CP

Regulations on re-issuance of certificate of household business registration in Vietnam under Decree 01/2021/ND-CP (Internet image) 

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

1. Regulations on re-issuance of certificate of household business registration in Vietnam under Decree 01/2021/ND-CP

Regulations on re-issuance of certificate of household business registration in Vietnam according to Article 94 of Decree 01/2021/ND-CP are as follows:

- In case a certificate of household business registration is lost, burned, damaged, or otherwise destroyed, the household business may submit an application for reissuance of the certificate of household business registration to the business registration authority of district where the household business is headquartered.

The district-level business registration authority shall consider re-issuing the certificate of household business registration within 03 working days from the receipt of the application.

- Actions against issuance of certificate of household business registration without a satisfactory application or without following procedures:

+ If a certificate of household business registration has been issued without following the prescribed procedures, the district-level business registration authority shall send a notification to the household business and re-issue the certificate of household business registration according to the prescribed procedures;

+ If a certificate of household business registration has been issued without a satisfactory application as prescribed, the district-level business registration authority shall notify that the certificate of household business registration issued without a satisfactory application is invalid, and request the household business to submit a complete application within 30 days from the date of notification in order to be issued with a certificate of household business registration.

The household business may include contents of subsequent applications for changes in a single application for registration of changes;

+ If changes to the household business registration information are approved without a satisfactory application, the district-level business registration authority shall notify that the certificate of household business registration issued without satisfactory application is invalid, and issue a certificate of household business registration according to the latest valid application.

The district-level business registration authority shall request the household business in writing to submit a complete application within 30 days from the date of request in order to be issued with the certificate of household business registration. The household business may include contents of subsequent applications for changes in a single application for registration of changes.

- Actions against the issuance of certificate of household business registration in case information in the application for household business registration is inaccurate or untruthful:

+ If an application for household business registration contains inaccurate or untruthful information, the district-level business registration authority shall notify it to the competent authority to take actions in accordance with regulations of law, notify that the certificate of household business registration issued according to the application containing inaccurate or untruthful information is invalid, and request the household business to submit a complete application within 30 days from the date of notification in order to be issued with the certificate of household business registration.

The household business may include contents of subsequent applications for changes in a single application for registration of changes.

If the household business fails to submit a complete application as prescribed, the district-level business registration authority requests the household business to submit reports according to Clause 6 Article 16 hereof;

+ If an application for changes to household business registration information contains inaccurate or untruthful information, the district-level business registration authority shall notify it to the competent authority to take actions in accordance with regulations of law, notify that the certificate of household business registration issued according to the application containing inaccurate or untruthful information is invalid, and issue the certificate of household business registration according to the latest valid application.

The district-level business registration authority shall request the household business in writing to submit a complete application within 30 days from the date of request in order to be issued with the certificate of household business registration. The household business may include contents of subsequent applications for/notifications of changes in a single application for registration of changes.

- When a household business is issued with a new certificate of household business registration, the old certificates are no longer effective.

2. Regulations on shutdown of household business in Vietnam

Regulations on shutdown of household business in Vietnam according to Article 92 of Decree 01/2021/ND-CP are as follows:

- When a household business shuts down, it must send a notification of shutdown of operation to the district-level business registration authority where it was registered. The notification must be accompanied by the following documents:

+ The notification of invalidation of TIN by the tax authority;

+ The copy of the minutes of meeting of family household members on shutdown of the household business if the household business is established by family household members;

+ The original certificate of household business registration.

- The household business shall fully pay debts, including tax debts and financial liabilities which have been not yet fulfilled before submitting the application for shutdown of the household business, unless otherwise agreed upon by the household business and its creditors. The district-level business registration authority shall consider the validity of received documents and give a notification of shutdown to the household business.

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