When engaging in business, household businesses, like other types of businesses, must comply with the provisions of the law. So what is the law on naming business households in Vietnam? Can the name of the business household be the same in Vietnam? What documents are required for business registration? The following article of Lawyer X will help readers answer questions about these issues, please follow along.
Legal grounds
Enterprise Law 2020
Decree 123/2020/ND-CP
What is a household business?
Household business is not a type of business. The Enterprise Law also does not have a specific definition of household business. Business households are regulated in Decree 01/2021/ND-CP.
According to Clause 1, Article 79 of Decree No. 01/2021/ND-CP: “Household business is registered and established by an individual or members of the household and is responsible with all his/her assets for business activities household business. If household members register business households, they shall authorize one member to act as the business household representative. The individual who registers as a household business, the person authorized by the household members to act as the business household representative is the owner of the business household.”
Business households employing ten or more employees must register for business establishment in accordance with regulations.
Regulations on naming business households currently in Vietnam
To answer the question of whether the name of a business household can be the same, let’s learn how to name a business household legally according to regulations.
Pursuant to Clause 1, Article 88 of Decree 01/2021/ND-CP stipulating the naming of business households as follows:
- Household business has its own name. The name of a business household consists of two elements in the following order:
- The phrase “Household business”;
- Personal name of the business household.
In particular, proper names are written with the letters of the Vietnamese alphabet, the letters F, J, Z, W, possibly accompanied by numbers and symbols.
Thus, the name of the business household can be named according to the above regulations. For example, if your business household’s proper name is “Huong Hoa” and “Huong Hoa” has not been registered as a Business Household within the district, you can take the registered name of your business household as ” Ho Kinh doanh Huong Hoa”.
Can the name of the business household be the same?
Pursuant to Article 88 of Decree 01/2021/ND-CP stipulating the naming of business households as follows:
- Household business has its own name. The name of a business household consists of two elements in the following order:
a) The phrase “Household business”;
b) The personal name of the business household.
Proper names are written with the letters of the Vietnamese alphabet, the letters F, J, Z, W, may be accompanied by numbers and symbols.
- Do not use words or symbols that violate the historical, cultural, ethical and fine traditions of the nation to name a business household.
- Business households are not allowed to use the phrases “company”, “enterprise” to name the business household.
- The proper name of a business household must not coincide with the proper name of a business household registered within the district.
Thus, when your family names the business household, the proper name must not coincide with the proper name of the registered business household within the district. If you are outside the district, you can still register the same name.
When hanging signs, should you put the name of the store or the name of the business household registration?
In order for a business establishment to be easily recognized and remembered by users, when hanging a sign, the business owner should write the store’s name.
Clause 1, Article 34 of the Law on Advertising 2012 provides as follows:
“1. The signboard must contain the following information:
a) Name of the direct managing agency (if any);
b) Name of the production or business establishment according to the business registration certificate;
c) Address, phone.”
According to the above regulations, when hanging signs, must show the name of the direct managing agency (if any) and the name of the establishment, production and business according to the business registration certificate, that is, the registered name must be shown. business registration.
However, business households can completely write the name of the store on the signboard, as long as the signboard has all the above contents. To make it easy for users to identify, the store name will be designed to have the largest size.
In short, in addition to registering the name of the business household with the business registration agency, each business household can also have an additional store name. The store’s name is set by the business household to their liking, with the purpose of helping customers identify the brand.
What documents are required for business registration?
Pursuant to Article 87 of Decree 01/2021/ND-CP on specific business household registration:
(1) Business household registration is carried out at the business registration office of the district where the business household is located.
(2) Dossier for business household registration includes:
a) An application for business household registration;
b) Legal documents of the individual, for the head of the business household, the household member registering the business household in case the household members register the business household;
c) A copy of the minutes of the meeting of household members on the establishment of the business household in case members of the household register as a business household;
d) A copy of the household member’s written authorization for one member to be the head of the household business, in case the household members register as a household business.
(3) Upon receiving the application, the business registration authority of the district shall hand over the receipt and issue a certificate of household business registration to the household business within 03 working days from the date of receipt of a valid application.
In case the application is invalid, within 03 working days from the date of receipt of the application, the business registration authority of the district must notify in writing the applicant or the person establishing the business household. The notice must clearly state the reason and the request to amend and supplement the dossier (if any).
(4) If after 03 working days from the date of submitting the business household registration application, the business household registration certificate is not received or the notice requesting amendment or supplement to the household registration dossier is not received. If the person who establishes a business household or business household has the right to make complaints and denunciations according to the provisions of the law on complaints and denunciations.
(5) Periodically on the first working week of each month, the business registration office of the district shall send the list of business households registered in the previous month to the tax authority of the same level, the business registration office and the management agency. provincial specialization.
Can business households do business in conditional business lines?
According to Article 89 of Decree 01/2021/ND-CP stipulating the business lines of business households as follows:
- When registering for establishment, registering for change in business household registration information, the business household must write business lines on the application for business household registration, and the notice of changes in business household registration information. . The district-level business registration agency shall record information about business lines on the business household registration certificate.
- Business households are entitled to conduct conditional business lines from the time they fully meet the conditions prescribed by law and must ensure that they are satisfied throughout the course of operation. The state management of business lines subject to conditional investment and business and inspection of business households’ compliance with business conditions falls under the competence of specialized agencies in accordance with specialized laws.
- In case the business registration office of the district receives a document from a competent authority that the business household conducts business in a conditional business line or line of business, but does not fully satisfy the conditions prescribed by this Law. According to the law, the district-level business registration agency shall issue a notice requesting the business household to suspend its conditional business lines and investment lines, and at the same time notify the competent state agency for handling according to law. provisions of law.
Accordingly, business households have the right to conduct conditional business lines from the time they fully meet the conditions prescribed by law and must ensure that they are satisfied throughout the course of operation.
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Frequently asked questions
According to regulations, the proper name of a business household must not coincide with the proper name of a business household registered within the district. Therefore, your case is different from commune but in the same district, you cannot have the same name.
According to the regulations, the proper name of your business household may be the same as that of a business household registered in another district in the same province.
Conclusion: So the above is Can the name of the business household be the same in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
