Regulations on business households
According to Article 79 of Decree 01/2021/ND-CP, regulations on business households are as follows:
- A business household registered by an individual or household members is responsible for all of its assets for the business activities of the household. In case the members of the household register a business household, authorizate one member to represent the business household. Individuals registered with business households, people authorized by household members to represent business households are business household owners.
- Households producing agriculture, forestry, fishery, salt making and street vendors, gifts, travel agencies, mobile businesses, seasonal businesses, and services with low incomes do not have to register for business households, except in cases of business in sectors and occupations with conditions. The People's Committees of provinces and centrally run cities shall prescribe low income levels applicable to the whole locality.
Conditions for granting a business registration certificate
The business household registration certificate is issued to a business household established and operating according to the provisions of Decree 01/2021/ND-CP. Business households are granted a Business Household Registration Certificate when meeting the following conditions:
- Business registration of industries and occupations not prohibited for business investment;
- The name of the business household is placed in accordance with the provisions of Article 88 of this Decree;
- Have a valid business household registration file;
- Pay the full registration fee for business households according to regulations.
Note:
- The business household registration certificate is issued based on the information in the business household registration file, self-declared and self-responsible by the founder of the business household.
- The information on the Business Household Registration Certificate has legal value from the date of issuance of the Business Household Registration Certificate and the Business Household has the right to conduct business from the date of issuance of the Business Household Registration Certificate, except for cases of business in conditional industries and investment and business.
In case the business household registers the date of business start after the date of being granted a Business Registration Certificate, the business household is entitled to do business from the date of registration, except in cases of business in a conditional industry or trade investment.
- Business households can receive the Business Registration Certificate directly at the District Business Registration Agency or register and pay fees to receive by post.
- Business households have the right to request the District Business Registration Agency to issue a copy of the Business Household Registration Certificate and pay fees according to regulations.
Steps to register a business household
Article 87 of Decree 01/2021/ND-CP guides how to register a business household as follows:
- Step 1: Prepare documents for business household registration.
- Step 2: Submit the business registration dossier to the Business Registration Agency.
- Step 3: When receiving the application, the Business Registration Agency shall issue a receipt and issue a Business Registration Certificate to the business household within 3 working days from the date of receipt of the application.
In case the application is invalid, within 03 working days from the date of receipt of the application, the District-level Business Registration Agency must notify in writing the dossier submitter or the founder of the business household. The notice must clearly state the reasons and requirements for amending and supplementing the dossier (if any).
If after 03 working days from the date of submitting the business registration dossier but do not receive the Business Registration Certificate or do not receive a notice requesting amendments or supplements to the business registration dossier, the founder of the business household or business household has the right to complain and denounce according to the provisions of law on complaints and denunciations
