Chương 6 Nghị định 43/2010/NĐ-CP về đăng ký doanh nghiệp: Đăng ký hộ kinh doanh

Chapter VI

REGISTRATION OF BUSINESS HOUSEHOLDS

Article 49. Business households

1. A business household owned by an individual who is a Vietnamese citizen or a group of individuals or a household may only register business at one location, employ 10 laborers at most but may not have a seal and shall be held liable with all of its assets for its business operation

2. Households engaged in agricultural production, forestry, fishery or salt making, street vendors, small vendors, shipment traders, mobile traders or service providers who have low incomes are not required to register their business except for conditional business lines. People's Committees of provinces and centrally run cities shall set low income levels in their respective localities.

3. Business households which regularly employ more than 10 laborers shall register themselves as enterprises.

Article 50. The right to set up business households and the obligation of business households to register their business

1. Vietnamese citizens who are full 18 years of age or older and have the full legal capacity and civil act capacity and households have the right to set up business households as well as the obligation to register their business households under this Chapter.

2. Individuals and households defined in Clause 1 of this Article may each register only one business household nationwide.

Article 51. Business household registration certificates

Business household registration certificates shall be granted to business households founded and operating under this Decree.

Business household registration certificates shall be granted based on information declared in business registration dossiers by business household founders who shall take responsibility for such declarations.

Article 52. Order of and procedures for registration of business households

1. An individual or a group of individuals or a representative of a household shall send an application for business household registration to the business registration office of the district where the business place is to be located. Such an application must contain the following details:

a/ The name of the business household and address of the business place;

b/ Business lines;

c/ Business capital;

d/ Full names, numbers and dates of grant of identity cards, residence addresses and signatures of individuals who found the business household, for business households founded by a group of individuals; full name, number and date of issue of the identity card, residence address and signature of the founding individual or representative of the founding household of the business household, for business households founded by individuals or households.

Enclosed with the application must be copies of the identity cards of individual members of the business household or a copy of the identity card of the representative of the founding household.

and minutes of the group of individuals" meeting on founding the business household, for business households founded by a group of individuals.

For business lines which require a practicing certificate, apart from the papers specified in Clause 1 of this Article, a valid copy of the practicing certificate of the individual or represen­tative of the founding household shall be included.

For business lines which require legal capital, apart from the papers specified in Clause 1 of this Article, a valid copy of the written certification of legal capital, issued by a competent agency or organization, shall be included.

2. Upon receipt of the dossier, the district- level business registration office shall hand over a receipt and issue a business household registration certificate to the business household within 5 working days from the date of receipt of the dossier, provided that all the following conditions are satisfied:

a/ The business lines arc not banned;

b/The business household name intended for registration complies with Article 56 of this Decree;

c/ The business registration fee is fully paid as prescribed.

In case the dossier is improper, within 5 working days from the dale of receipt thereof, the business registration office shall inform in writing the business household founder of details that need to be modified or supplemented.

3. After 5 working days from the date of submission of the business registration dossier, if the applicant for business household registration receives no business household registration certificate or no request for modification or supplementation of the business registration dossier, he/she may lodge a complaint under the law on complaints and denunciations.

4. In the first week of every month, a district-level business registration office shall send a list of registered business households of the previous month to the tax office at the same level, provincial-level business registration office and economic-technical branch management agency.

Article 53. Business timing

Business households may conduct business operations after they receive business household registration certificates, except in case they conduct conditional business lines.

Article 54. Business places of business households

A business household that conducts shipment or mobile trading operations shall select a fixed place for business household registration. This place can be a registered permanent or temporary residence or where business operations are most frequently conducted or where trade transactions are conducted. A business household that conducts shipment or mobile trading operations may carry out its business operations outside the place registered with the business registration office but shall inform the tax office and market management authority in the locality where it has registered its head office and where it conducts business operations.

Article 55. Registration of change in business household registration

When changing registered business registration contents, a business household shall inform the change to the district-level business registration office with which it has registered its business.

In case of temporary cessation of its business operations for at least 30 days, a business household shall inform the district-level business registration office with which it has registered its business and the direct managing tax office. The duration of business operation cessation must not exceed one year.

3. In case of termination of business operations, a business household shall return the-original business registration certificate to the district-level business registration office with which it has registered its business and pay all debts, including tax arrears and unfulfilled financial obligations.

Article 56. Naming of business households

1. Business households must have their own names. The name of a business household must contain the following two elements:

a/ Type of business: "household business":

b/ Own name of the business household.

The own name must be in Vietnamese and pronounceable, and may include numerals and symbols.

2. Letters, words and signs that violate national historical traditions, culture, morality and fine customs must not be used in names of business households.

3. Own names of business households must not be identical to those of other business households already registered in the same district.