The Ministry of Finance is drafting a Decree regulating penalties for administrative violations in the fields of investment, bidding, business registration, cooperatives and planning.
The new draft Decree will replace Decree No. 122/2021/ND-CP dated December 28, 2021 of the Government.
According to Article 73 of the draft, violations of business household registration are regulated as follows:
A fine of between 5 million VND and 10 million VND applies to one of the following acts:
Not entitled to establish a business household but still establishing a business household.
Operating under the name of household businesses without registration.
A fine of between 10 million VND and 15 million VND applies to one of the following acts:
Not registering to change names infringing industrial property rights as required.
Continue to do business in conditional business lines when requested to temporarily suspend by the commune-level business registration agency.
The headquarters and business location are not real and cannot be determined according to the administrative unit boundaries.
Not operating business at the registered address.
Regarding remedial measures, the draft stipulates:
Forcing registration of business households according to regulations for acts of operating under the name of business households without registration.
Forcing registration of name change for acts of not registering name change infringing industrial property rights as required.
Forcing registration of change of headquarters and location for violations of regulations related to headquarters and business locations.
According to the drafting agency, Article 73 of the draft will replace Article 62 of the current Decree.
Accordingly, Decree No. 122/2021/ND-CP dated December 28, 2021 of the Government stipulating violations of business household registration are currently regulated as follows:
A fine of between 5 million VND and 10 million VND applies to one of the following acts:
Individuals or family members register more than one business household.
Not entitled to establish a business household but still establishing a business household.
Not registering household business establishments in cases where registration is required according to regulations.
Failure to register changes in the content of the Business Registration Certificate with the district-level business registration agency within 10 days from the date of change.
A fine of between 10 million VND and 20 million VND applies to one of the following acts:
Untruthful and inaccurate declarations of business household registration dossiers or dossiers of registration of changes in business household registration content. In case of violations of tax laws, they will be handled according to regulations on sanctioning administrative violations in the field of taxation.
Continue to do business in conditional business lines when requested to temporarily suspend by the district-level business registration agency.
Remedial measures include:
Forcing registration of household business establishment according to regulations for acts of not registering household business establishment in cases where registration is required according to regulations.
Compulsory registration of changes in the content of the Business Household Registration Certificate in cases where registration has not been made for acts of not registering changes in the content of the Business Household Registration Certificate as prescribed.
The Ministry of Finance said that compared to the current Decree, the drafting agency has adjusted to reduce fines for some violations.
The reason is that in the process of handling administrative violations, agencies with the function of handling violations in the field of business household registration found that the penalty level according to Decree No. 122/2021/ND-CP is still high compared to the nature and level of impact of the violation.
In addition, based on the recommendations of some localities on adjusting the penalty levels for these acts, the drafting agency has considered amending them to be more suitable for reality.
