Chương 4 Nghị định 02/2000/NĐ-CP: Đăng ký kinh doanh đối với hộ kinh doanh cá thể

Chapter IV

BUSINESS REGISTRATION FOR INDIVIDUAL BUSINESS FAMILY HOUSEHOLDS

Article 17.- Individual business family households

1. An individual business family household is owned by an individual or a family household, conducts business at a fixed place, employs labor on an irregular basis, has no seal and takes responsibility with all of its property for its business activities.

2. Family households engaged in agricultural, forestrial and/or fishery production, salt-making, street vendors and service providers that earn low incomes shall not have to make business registration.

Article 18.- The right to business registration

All Vietnamese citizens who reach full 18 years old, have full capacity for civil acts as well as family households shall have the right to make business registration as prescribed in this Chapter, excluding minors, persons who have their for civil act capacity restricted or lost, persons who are being examined for penal liability or serving an imprisonment sentence or have their right to practice occupations stripped by the court.

Article 19.- Business registration order and procedures applicable to individual business family households

1. Individuals or family households’ representatives send their applications for business registration of individual business family households to the district-level business registration bureau of the locality where they are to base their business locations.

2. The contents of an application for business registration of individual business family household include:

a/ The full name, signature and residence of the individual or the family household’s representative;

b/ The business location;

c/ The business line(s);

d/ The business capital.

For business lines which require the practicing certificates as stipulated by laws, ordinances and/or decrees, the application must be enclosed with a valid copy of the practicing certificate of the individual or family household’s representative.

The district-level business registration bureau must not request the business registration applicant to submit any other papers apart from the dossier prescribed in this Clause.

3. Within seven days from the date of receipt of the application, the district-level business registration bureau shall grant a business registration certificate to the individual business family household if the following conditions are fully met:

a/ The business line is not on the list of banned business lines;

b/ Where the individual business family household has its own name, such name must not be identical with the registered names of any other individual business family households in the district;

c/ The business registration fee has been fully paid according to regulations.

The district-level business registration bureau shall not be allowed to delay or refuse to make the business registration for individual business family households for whatever reasons.

4. Within seven days from the date of granting the business registration certificate, the district-level business registration bureau shall send its copy to the tax agency of the same level.

Article 20.- Time for starting business

All individual business family households may proceed with their business activities after being granted the business registration certificates, except for cases involving conditional business lines.

Article 21.- Registration of changes in the business registration contents

1. When changing the registered business contents, an individual business family household shall send a notice on the changed contents to the district-level business registration bureau that has granted the business registration certificate.

2. If moving its business location to another district, the individual business family household shall submit its business registration certificate to the district-level business registration bureau that has granted it and proceeds with the business registration at the district-level business registration bureau of the locality where its new business location is situated.

3. Where an individual business family household temporarily ceases its business activities for thirty days or more, it shall send a notice thereon to the district-level business registration bureau that has granted the business registration certificate and the tax agency that directly manages it.

4. When terminating its business activities, the individual business family household must submit its business registration certificate to the district-level business registration bureau where it has made registration.