Cases of sales that do not require business registration
According to Clause 2, Article 79 of Decree 01/2021/ND-CP on business registration, there are cases where business households do not need to register their business as follows:
Households producing agriculture, forestry, fishery, salt making and street vendors, gifts, street vendors, mobile businesses, seasonal businesses, and services with low incomes do not have to register for business, except in cases of trading in industries and occupations with conditions. The People's Committees of provinces and centrally run cities shall prescribe low income levels applicable to the whole locality.
Recently, the Ministry of Finance has submitted to the Government a Draft Decree on business registration.
If approved, this new Decree will replace Decree 01/2021/ND-CP. The draft Decree also proposes cases where business households do not need to register for business as follows:
Households producing agriculture, forestry, fishery, salt making and street vendors, gifts, street vendors, mobile businesses, seasonal businesses, and services with low incomes do not have to register for business, except in cases of trading in industries and occupations with conditions. The People's Committees of provinces and centrally run cities shall prescribe low income levels applicable to the whole locality.
Thus, according to current regulations or new proposals, business households selling goods and services do not have to register as business households if they are in the following cases:
- Households producing agriculture, forestry, fishery, and salt making;
- Street vendors, gifts, wholesalers;
- Mobile business people;
- Seafood business people;
- Low-income service workers.
Except for cases of business in sectors and professions with conditions.
Right to establish a business household and current obligations to register a business household
The right to establish a business household and the obligation to register a business household are as follows:
- Individuals and household members who are Vietnamese citizens with full civil act capacity as prescribed in the 2015 Civil Code have the right to establish a business household as prescribed in Chapter VIII of Decree 01/2021/ND-CP.
Some cases where business households are not allowed to be established include:
+ Juvenile or deceased, limited civil act capacity;
+ People who are being prosecuted for criminal liability, serving a prison sentence, or banned from practicing by the Court;
+ Other cases as prescribed by relevant law.
Individuals are only allowed to register one business household nationwide and are not simultaneously owners of private enterprises or joint stock members of a joint stock company (unless agreed upon by the remaining joint stock members). However, they still have the right to contribute capital, buy shares or capital contributions in enterprises as individuals.
Proposal to supplement online business household registration from 1.7.2025
The new draft Decree also provides new regulations on the form of business household registration via electronic environment.
Business owners or authorized persons can carry out registration procedures on the Business Household Registration Information System using an electronic identification account.
This proposal aims to promote digital transformation, simplify administrative procedures, reduce time and costs for people in registering and managing business households.
