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.
Thus, according to current regulations, 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.
Cases where business households are not allowed to be established
Pursuant to Clause 1, Article 80 of Decree 01/2021/ND-CP, the following subjects are not allowed to register to establish business households:
- Juvenile people, people with limited civil act capacity; people with lost civil act capacity; people with difficulty in perception, mastering behavior.
- People who are being prosecuted for criminal liability, detained, serving a prison sentence, serving administrative measures at compulsory drug rehabilitation facilities, compulsory education institutions or being banned by the Court from holding a position, practicing a profession or doing certain jobs.
- Other cases as prescribed by relevant laws.
If they fall into one of the above cases, they are not allowed to register to establish a business household.
