Chapter VIII
BUSINESS HOUSEHOLD REGISTRATION
Article 66. Business household
1. Business household owned by an individual, a group of individuals being Vietnamese citizens from 18 years of age or older, have full civil capacity, or owned by a household may only register one business location, employs fewer than 10 employees, and take responsibility for the business operation with all of their property.
2. Households engaged in agriculture, forestry, aquaculture, salt productions, street vendors, nomadic businesspeople, and service providers earning low revenues are not required to registered, except for conditional business lines. The People’s Committees of provinces shall specify the low revenues applied within their provinces.
3. Any business household that hires 10 employees or more must apply for enterprise registration as prescribed.
Article 67. The right to establish business households and obligation to register of business households
1. Every Vietnamese citizen from 18 years of age or over, has full legal and civil capacity, every household is entitled to establish business households and has the responsibility to register business households as prescribed in this Chapter.
2. Each individual and household mentioned in Clause 1 of this Article may register only one business household nationwide. The individuals mentioned in Clause 1 of this Article are entitled to contribute capital and buy shares of enterprises as individuals.
3. Individuals who establish and contribute capital to a business household must not concurrently hold the position of owner of a private enterprise, general partner of a partnership, unless otherwise agreed by the other general partners.
Article 68. Certificate of business household registration
1. Certificates of business household registration shall be issued to business households established and operated under this Decree.
2. The certificate of business household registration is issued according to information in the application for business household registration, which is provided by the business household founder.
3. Information on the certificate of business household registration is effective from its issuance date; the business household is entitled to do business from the issuance date of the business household, except for conditional business lines.
4. Every business household may receive the certificate of business household registration directly at business registration authority of the district or pay a charge to receive it by post.
5. The business household is entitled to request business registration authority of the district to provide copies of the certificate of enterprise registration and pay fees for them.
Article 69. Rules for business household registration
1. The business household or its founder shall complete the application for business household registration and take legal responsibility for the legitimacy, truthfulness, and accuracy of information provided therein.
2. The business registration authority of the district is responsible for the legitimacy of the application for business household registration, not violations of law committed by the business household or its founder.
3. The business registration authority of the district is not responsible for settling disputes between individuals of a business household or between the business household and other entities.
Article 70. Quantity of application for business household registration
Each business household shall submit 01 application to the business registration authority of the district when applying for business household registration or change of registration information.
Article 71. Procedures for business household registration
1. The individual, group of individuals, or representative of the household shall submit the application form for business household registration to the business registration authority of the district where the business location is situated. Content of application form:
a) Name, address, phone number, fax number, email address (if any) of the business household;
b) Business lines;
c) Capital;
d) Quantity of employees;
dd) Full names, signatures, residences, numbers and dates of issue of unexpired ID cards or passports of individuals establishing the business household (if the business household is established by a group of individual) or of the individual (if the business household is established by a individual), or representative of the household (if the business household is established by a household).
The application form must be enclosed with legitimate copies of the unexpired ID cards or passports of individuals in the business household or representative of the household, and a legitimate copy of the minutes of meeting of the group of individuals on establishment of the business household (in case the business household is established by a group of individuals).
2. When receiving the application, the business registration authority of the district shall give a receipt to the applicant and issue the certificate of business household registration within 03 working days from the receipt of the application if all of the following conditions are satisfied:
a) The registered business lines are not prohibited;
b) The name of the business household is conformable with Article 73 of this Decree;
c) Fees and charges for registration are fully paid.
If the application is not satisfactory, within 03 working days from the receipt of the application, the business registration authority of the district shall inform the applicant of necessary revisions or supplementation.
3. After 03 working days from the date of submission of the application for business household registration, if the certificate of business household registration is not issued or no request for revision or supplementation of the application is given, the applicant is entitled to lodge a complaint as prescribed by regulations of law on complaints and denunciation.
4. In the first week of every month, the business registration authority of the district shall send a list of business households registered in the previous month to the tax authority of the same district, Business Registration Office, and regulatory agencies of the province.
Article 72. Business location of business household
Business households, including those doing nomadic business, must select a fixed location to register the business household. This location may be the permanent or temporary residence, the most frequent business location, or the collecting station. Business households doing mobile business are entitled to do business outside the registered location. The registered location and the actual business locations must be notified to the tax authority and market surveillance authority.
Article 73. Naming business households
1. Each business household has its own name, which consists of two elements:
a) The phrase “Hộ kinh doanh”;
b) The proper name.
The proper name consists of letters in Vietnamese alphabet, the letters F, J, Z, W, digits, and symbols.
2. It is prohibited to use words or symbols that contradict Vietnam’s tradition, history, culture, and ethics in the business household’s proper name.
3. The business household’s name must not consists of the phrase “công ty” or “doanh nghiệp”
4. The business household’s proper name must not coincide with the name of another registered business household in the same district.
Article 74. Business lines of business household
1. When applying for registration of a new business household or change of business household registration information, the applicant shall write the business lines on the application for or notification of changes of business household registration information. The business registration authority of the district shall record the business lines on the certificate of business household registration.
2. A business household may start engaging in a conditional business lines from the day on which all conditions are fulfilled and must maintain the fulfillment of such conditions throughout its operation. Specialized agencies are in charge of management of conditional business lines and fulfillment of conditions.
3. In case the business registration authority of the district receives a notification from another competent authority that a business household engages in conditional business lines without satisfying all conditions, the business registration authority shall request the business household to stop engaging in the conditional business lines and notify a competent authority to handle the case.
Article 75. Registration of change of business household registration information
1. When changing business household registration information, the business household shall notify the changes to the business registration authority of the district where it was registered in the following order:
a) The business household sends a notification of changes of business household registration to the business registration authority of the district.
b) When receiving the application, the business registration authority of the district shall give a receipt and issue the certificate of business household registration within 03 working days from the receipt of the satisfactory application. If the application is not satisfactory or the business household’s name is not conformable, the business registration authority shall inform the applicant of necessary revision/supplementation within 03 working days from the receipt of the application.
c) When receiving a new certificate of business household registration in case of changes of business household registration information, the old certificate must be returned.
2. In case a business household is relocated to another district, a notification of relocation shall be sent to the business registration authority of the district to which the business household is relocated. The notification must be enclosed with a legitimate copy of the minutes of meeting of the group of individuals on relocation (if the business household is established by a group of individual) and legitimate copies of the unexpired ID cards or passports of the individuals or the representative of the households.
Within 05 working days from the issuance date of the certificate of business household registration, the business registration authority of the district to which the business household is relocated must send a notification to the business registration authority of the district where the business household was initially registered.
Article 76. Suspension of business household
1. If the suspension period is from 30 days and longer, the business household must send a notification to the business registration authority of the district and the supervisory tax authority. The suspension period must not exceed one year.
2. The notification must be sent to the business registration authority of the district at least 15 days before the suspension date. When receiving the notification, the business registration authority of the district shall give a receipt to the person who submits the notification. Within 03 working days from the receipt of the satisfactory documents, the business registration authority of the district shall issue a confirmation of registration of suspension to the business household.
Article 77. Shutdown of business household
When a business household shuts down its operation, it must send a notification and return the original certificate of business household registration to the business registration authority of the district where the business household was registered, settle all outstanding debts, including tax debts, and financial obligations.
Article 78. Revocation of certificate of business household registration
1. A business household shall have its certificates of business household registration revoked in the following cases:
a) Information provided in the application for business household registration is fraudulent;
b) Business operation is not commenced within 06 months from the issuance date of the certificate of business household registration;
c) The business is suspended for more than 06 consecutive months without notifying the business registration authority of the district where the business household was registered;
d) The business household engages in banned business lines;
dd) The business household is established by persons banned from establishing business households;
e) No reports on business household’s performance are submitted as prescribed in Clause 4 Article 15 of this Decree.
2. If the information in the application for business household registration is found fraudulent, the business registration authority of the district shall issue a notice of violations and a decision to revoke the certificate of business household registration.
If the application for changes of business household registration information is found fraudulent, the business registration authority of the district shall issue a notice of violations, cancel the changes, restore the certificate of business household registration according to latest valid documents, and request a competent authority to handle the case.
3. In case the business household fails to commence its business within 06 months from the issuance date of the certificate of business household registration or suspends its operation for more than 06 consecutive months without notifying the business registration authority where the business household was registered or fails to submit business performance reports as prescribed in Clause 4 Article 15 of this Decree, the business registration authority of the district shall issue a notice of violations and request the representative of the business household to explain at the office of the business registration authority. If the legal representative of the enterprise fails to explain within 10 working days from the date written in the notice, the business registration authority shall issue a decision to revoke the certificate of business household registration.
4. In case the business household engages in banned business lines, the business registration authority of the district shall issue a notice of violations and a decision to revoke the certificate of business household registration.
5. In case the business household is established by persons banned from establishing business households:
a) If the business household is established by an individual banned from establishing business households, the business registration authority of the district shall issue a notice of violations and a decision to revoke the certificate of business household registration.
b) If the business household is established by a group of individuals that include the individual banned from establishing business households, the business registration authority of the district shall issue a notice of violations and request the business household to replace such individual within 15 working days from the date of notice. If the business household fails to replace the banned individual, the business registration authority of the district shall issue a notice of violations and a decision to revoke the certificate of enterprise registration.
Article 79. Reissuance of certificate of business household registration
1. In case a certificate of business household registration is lost, damaged, or otherwise destroyed, the business household may submit an application for reissuance of the certificate of business household registration to the business registration authority of the district which issued the original one.
The business registration authority shall consider reissuing the certificate of business household registration within 03 working days from the receipt of the application.
2. In case the certificate of business household registration was issued improperly, the business registration authority shall send a notification to request the business household to complete the documents within 30 days from the notification date in order to have the certificate of business household registration reissued. The business registration authority shall issue the certificate of business household registration within 03 working days from the receipt of satisfactory documents.
3. When a business household is issued with a new certificate of business household registration, the old certificates are no longer effective.
Tìm kiếm
Nghị định 78/2015/NĐ-CP (Bản Word)
Nghị định 78/2015/NĐ-CP (Bản Pdf)