In Vietnam, do you have to set up a company to open a coffee shop?
Hi Lawyer. I and a few of my friends (a total of 10 people) co-operated to open a coffee shop, with a total initial investment of 650 million, an area of 50m2! So when I go to register for a business license, should I write “individual business” or “private enterprise” or another type of business? So, Do you have to set up a company to open a coffee shop? Looking forward to helping my counsel. I would like to express my sincere thanks to the Lawyer.
With large-scale, large-scale coffee shops and branded coffee chains like Trung Nguyen, it is necessary to register a business. But for shop owners who intend to just open a small cafe at home, with little capital and a small scale, do they need to register for a business license and set up a business for a home cafe? So, let’s find out this issue with Lawyer X.
Legal grounds
– Enterprise Law 2020
Choose the type of household business when opening a coffee shop
You can set up a business. For business households owned by an individual or a group of individuals who are Vietnamese citizens who are full 18 years old, have full civil act capacity, or are owned by a household, only business registration is permitted. at one location, employs less than ten employees, and is responsible for all its assets for the business.
Advantages:
– Compact scale
– Secondly, simple accounting voucher mode
– Suitable for individuals and small businesses
Defect:
– No legal status
– Besides, be responsible for the entire property of the owner of the individual business household
– Then, the nature of the business is fragmented
Is opening a coffee shop the same as setting up a company?
The answer is “yes”! To run a cafe business with 10 friends, you need to register with the authorities to establish a business household or a limited liability company with 2 members or more.
Based on the information you provide, we also outline the pros and cons of each type so you can choose the most suitable one for yourself.
How much does it cost to register a coffee shop business?
Fees for assessment of conditions in the field of security:
According to the provisions of Decree No. 96/2016/ND-CP, to issue a certificate of satisfaction of security and order conditions, the procedures for appraisal of security and order conditions must be carried out. In this case, according to the provisions of the List of fee and charge rates promulgated together with Circular No. 218/2016/TT-BTC, as amended by Circular 23/2019/TT-BTC, the fee level The fee for assessment of conditions in the field of security is determined to be 300,000 VND/time.
Business registration fee:
In the case of business household registration, you pay the registration fee according to the Decision of the People’s Committee of the province or city where the household business is located. Therefore, according to Circular No. 47/2019/TT-BTC stipulating the collection rate, mode of collection, payment, management, and use of fees for providing enterprise information, business registration fees, specifically the fee and fee schedule as follows:
No. | Content | Unit of calculation | Rate |
1 | Business registration fee (includes: Issuance, re-issuance, change of contents of Certificate of enterprise registration and Certificate of operation registration of branches, representative offices, business locations of enterprises) ) | VND/time | 50.000 |
2 | Fee for providing business information | ||
a | Provide information on the Certificate of Business Registration; Certificate of operation of the branch, representative office, business location | VND/copy | 20.000 |
b | Provide information in the enterprise registration dossier; Provide financial reports of all types of businesses | VND/copy | 40.000 |
c | Provide general reports on businesses | VND/report | 150.000 |
d | Announcement of business registration contents | VND/time | 100.000 |
đ | Provide business information by account from 125 copies/month or more | VND/month | 4.500.000 |
What is the procedure to apply for a coffee business license?
Apply for a business license
There are two directions for this business form: Business registration in the form of household business; Besides, business registration type establishment coffee company. However, the general procedure to apply for a license is:
– Application for a registration form;
– Certified copies of people’s identity cards/citizens’ identity cards of members;
– Other relevant documents and documents depend on the type of business household/enterprise registration.
After preparing the documents, you should submit your application at the Finance – Planning Department of the District People’s Committee (if registering a business household) or the Department of Planning and Investment of the province/city (if registering a business) where set up headquarters and wait for the results.
Apply for a food safety license
A dossier of applications for a food safety and hygiene license includes:
– Health certificate and ID card for employees working at the cafe: The health certificate must be valid within 12 months.
– The declaration “Request for knowledge of food hygiene and safety” according to the form.
– Business registration license with registration of food business (certified copy), coffee quality announcement (certified copy), coffee purchase and sale invoice, Certificate of establishment coffee factory.
– The drawing of the design plan of the basic floor plan of the surrounding ground.
– Diagram of food production or distribution process (omit if it is an individual business registration).
– An explanation of the facility’s equipment, facilities, and tools.
– Certificate of establishment owner and direct manager of the establishment.
– Certificate of food safety knowledge of the establishment owner.
– The materials at the cafe must have a full supply contract, sales invoice …
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
Frequently asked questions
For the specific license tax schedule, please see Circular 96/2002/TT-BTC guiding the implementation of Decree 75/2002/ND-CP on adjusting the license tax rate.
In addition, you also have to pay value-added tax and personal income tax.
To ensure that businesses pay license tax on time as prescribed by law, the Ministry of Finance has issued Circular 130/2016/TT-BTC stipulating penalties for late payment of license tax, which is calculated according to the law. The following formula: Amount of fine = Amount of late payment x 0.03% x Number of days of late payment
– Firstly, a list of shareholders or members of the company
– Secondly, identity card, identity card, passport copy or certificate of business registration, establishment decision…
– Thirdly, an application for a business registration license
– Company rules
– Lastly, types of licenses to practice according to the field of business
Services of Lawyer X.
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand personal information of client Lawyer X will be 100% confidential.
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