Currently, in parallel with the 4.0 revolution, economic issues are also increasingly focused on. Many companies and businesses were established, and the business is increasingly popular. From there, it contributes significantly to boosting the country’s economy. Along with such increasingly popular business. To ensure their legal rights. Every trader needs to find out about this. From there, it helps traders as well as individuals with business intentions to know exactly their legal rights. Today, LSX Lawfirm will give you an article about “Basic rights of traders under Vietnamese law“, as follows:
Legal grounds
Constitution of 2013
Enterprise Law 2020
Commercial Law 2005
Bankruptcy Law 2014
What is a trader?
The concept of trader is regulated in many regulations of many countries.
The concept of a trader is recognized by the commercial law of the Socialist Republic of Vietnam in the 1997 Commercial Law. According to the provisions of Clause 6, Article 5 of the 1997 Commercial Law. Traders include individuals, legal entities, organizations. cooperatives, households with business registration, and commercial activities independently and regularly.
Similarly, Clause 1, Article 6 of the 2005 Commercial Law defines. Traders include legally-established economic organizations. Individuals conducting commercial activities independently, regularly, and with business registration.
Trader classification
Traders are individuals
These are specific people who have full legal signs about traders, have the full legal capacity and behavioral capacity to carry out commercial activities, and at the same time bear all responsibilities by themselves. it’s a set of assets in respect of that trade. According to commercial law, a trader is an individual who must be at least 18 years old and not in the cases where the law prohibits doing business.
Traders being legal entities
This is a type of economic organization established in accordance with regulations such as state-owned enterprises, private enterprises, cooperatives, etc. In addition to the characteristics of traders in general, traders who are legal entities must have to be responsible for obligations arising from commercial activities within the amount of capital and assets of the trader.
Traders being cooperative groups or households
Commercial laws of many countries around the world only recognize traders as individuals and legal entities. However, in Vietnam, in addition to individuals and legal entities, cooperative groups and households also have a certain position in the economy, especially in agricultural, forestry, fishery, and small-scale production and business activities. handicrafts, commercial services… Therefore, this is also recognized as a trader by Vietnamese law.
Basic rights of traders
According to current laws. Traders include two basic rights, namely the right to freedom of business and the right to equality in commercial activities.
Freedom of business
The right to freedom of business is an integral part of the system of civil liberties. Article 33 of the 2013 Constitution of our country stipulates. Everyone has the right to freely conduct business in professions not prohibited by law. And this is also specified in the Enterprise Law 2020 in Clause 1, Article 7. Accordingly, enterprises have the right to freely conduct business in lines and trades that are not prohibited by law.
In addition to us, Clause 2, Article 6 of the 2005 Commercial Law also stipulates the rights of traders. Accordingly, traders have the right to conduct commercial activities in industries, in geographical areas, informs, and in methods not prohibited by law.
Thus, a trader’s right to freedom of business understood as a trader’s right to conduct commercial activities that not prohibited by law. However, this must still be based on the framework of the law. That is, in addition to only performing business activities that not prohibited by law, when exercising the right to freedom of business, traders must comply with the conditions prescribed by law or have a number of corresponding obligations.
Contents of a trader’s right to freedom of business include:
– Firstly, Freedom to set up a business;
– Secondly, Freedom to choose industry and business size;
– Thirdly, Freedom to choose customers and deal directly with customers;
– Fourthly, Freedom to choose workers according to business needs;
– Finally, Freedom to choose forms and methods of dispute settlement;
– Other freedoms not prohibited by law.
Equality in commercial activities of traders
Equal rights of traders in registration of business establishment
Equality before the law between merchants firstly shown in business registration. Traders who want to establish must follow general conditions. As well as legal procedures regulate this issue.
Business registration is an administrative relationship between a state management agency and a trader. So there is equality among traders. As well as requiring the State’s regulations on business conditions, the order and procedures for enterprise establishment registration must have an accurate basis. At the same time ensure the principle can uniformly implemented. Cadres and civil servants representing state agencies need to use their rights and responsibilities in the fairest, equal and objective manner.
Equal rights among traders in business activities
The equal rights of traders in commercial activities include equality of resources, signing of labor contracts, commercial contracts, competition and commercial dispute settlement, tax obligations in practice, and compensation for damage caused by commercial activities. harm and fulfill social responsibilities.
In production and business activities. Of course, companies have to link up with each other. However, these relationships are voluntary. Contracts signed between enterprises must be on the principle of voluntariness, equality, and mutual benefit. In a contractual relationship, neither party has the right to require the other to perform rights and obligations contrary to its wishes and interests. In the event of a dispute, both parties can become plaintiffs. Or the defendant in the lawsuit.
Businesses enjoy equal rights before the law, which also means that every business has an obligation to contribute to the national budget by paying taxes. Currently, our state is using taxes as a tool to regulate the economy. Encourage the development of certain professions. At the same time limit the development of some other professions. Therefore, the level of contribution varies by industry and business size.
Equal rights of traders in dissolution and bankruptcy
The dissolution and bankruptcy of enterprises are equal rights of all enterprises. Regardless of the form of ownership or organization, everyone has the right to request the court to declare bankruptcy when meeting all conditions. Or register to voluntarily dissolve the business. Or forced to dissolve or go bankrupt according to the provisions of law.
Therefore, the level of contribution varies by industry and business size. The dissolution and bankruptcy of enterprises are equal rights of all enterprises. Regardless of the form of ownership or organization, everyone has the right to request the court to declare bankruptcy when meeting all conditions. Or register to voluntarily dissolve the business. Or forced to dissolve or go bankrupt according to the provisions of law.
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Above is LSX Lawfirm’s advice on the content of the problem “Basic rights of traders under Vietnamese law“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
Equality in dissolution and bankruptcy of all enterprises. Regardless of ownership or form of organization, everyone has the right to request the Court to declare bankruptcy when eligible. Or register to dissolve the business voluntarily. Or they are forced to dissolve or go bankrupt in accordance with the law.
The right to freedom of business is an integral part of the system of civil liberties. Accordingly, a trader’s right to freedom of business is understood as a trader’s right to conduct commercial activities that are not prohibited by law. However, in addition to only performing business activities that are not prohibited by law. When exercising the right to freely conduct business, traders must comply with legal conditions. Or there must be some corresponding obligation
Equal rights among traders in business activities are equality in access to resources, and in signing labor and commercial contracts. In competition and settlement of business disputes. In the performance of tax obligations, compensation for damage, and implementation of social responsibility. Businesses have equal rights before the law, which also means that all businesses have the obligation to contribute to the state budget through tax payments.
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