According to Clause 2, Article 79 of Decree 01/2021/ND-CP on business registration, there are regulations on cases where business households do not need to register for business as follows:
Households engaged in agricultural, forestry, fishery production, salt making, and street vendors, snack vendors, wholesalers, mobile businesses, seasonal businesses, and low-income service providers are not required to register business households, except for cases of business in industries and occupations with conditional investment and business. People's Committees of provinces and cities directly under the Central Government shall stipulate low-income levels applied within the locality.
Thus, according to current regulations, business households selling goods and services are not required to register as business households if they fall into the 5 cases below:
- Households producing agriculture, forestry, fishery, salt making;
- Street vendors, snack vendors, wholesalers;
- Mobile businessperson;
- Seasonal businessmen;
- Low-income service providers.
Except for cases of doing business in industries and occupations with conditional investment and business.
The right to establish business households and the obligation to register business households are as follows:
- Individuals and family members who are Vietnamese citizens with full civil act capacity according to the provisions of the 2015 Civil Code have the right to establish business households according to the provisions of Chapter VIII of Decree 01/2021/ND-CP.
Conditions for establishing business households according to current regulations
According to Clause 1, Article 82 of Decree 01/2021/ND-CP, a business household registration certificate is issued to a business household that meets the following conditions:
- Doing business in industries and occupations not within the scope of prohibited investment and business.
- The naming of business households must ensure compliance with the provisions of Article 88 of Decree 01/2021/ND-CP, specifically:
+ The name of the business household includes two components: the phrase "Business household" and the Private Name of the business household. In which, the private name of the business household uses letters in the Vietnamese alphabet, letters F, J, Z, W and may be accompanied by numbers and symbols.
+ Do not use words or symbols that violate historical and cultural traditions or fine customs and traditions of the nation.
+ Business households when naming are not allowed to use the words "business", "company" to name business households.
+ The private name of the business household must not coincide with the private name of another business household that has registered for business within the district level.
- Business household registration dossier is valid.
In addition, when registering to establish a business household, the registrant also needs to pay sufficient fees according to regulations.
