Mistakes related to the organization and operation of business households in Vietnam
Organizing a household business requires business people to provide adequate legal knowledge in this field to avoid making mistakes. And to avoid bad consequences in business; Today LSX Lawfirm will send you articles about:“ Mistakes related to the organization and operation of business households in Vietnam” As follows:
Legal basis
Sanctions of administrative violations for acts related to
Violation of business household registration
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Firstly, Individuals and members of households register more than one business household;
b) Secondly, Not allowed to establish business households but still establish business households;
c) Thirdly, Failure to register the establishment of a business household in cases where registration require as prescribed;
d) Finally, failure to register changes in the contents of the Certificate of Business household registration; with the business registration authority of the district; within 10 days from the date of the change.
1.2 A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a) Declaring untruthfully or incorrectly in the application for business household registration; or in the application for registration of changes in the business household registration information.
In case there is a violation of the tax law, it shall handle; according to regulations on sanctioning of administrative violations in the tax field;
b) To continue conducting conditional business lines upon request of the district-level business registration office to suspend.
1.3 Remedial measures:
a) Forcible registration of establishment of business households; according to regulations, for violations specified at Point c, Clause 1 of this Article;
b) Forcible registration of changes to the contents of the Certificate of business household registration; in case it has not yet been register, for the violations specified at Point d, Clause 1 of this Article.
Violation of information and reporting regime of business households
2.1 A fine of between VND 5,000,000 and 10,000,000 shall be impose for one of the following acts:
a) Failing to report the business situation at the request of the district-level business registration agency;
b) Change the head of the business household; but do not send notification of a change in business household registration to the district-level business registration office; where it has registered;
c) Suspend business, resume business before the notice period; but fail to send a written notice to the district-level business registration office where it has registered;
d) Change of business location but fail to notify the district-level business registration office;
đ) Terminate business activities in the form of business households without notifying or failing; to return the original certificate of business household registration to the district-level business registration agency;
e) Changing business lines but failing to send a notice to the business registration office of the district; where the business household is headquartering;
g) Doing business at multiple locations but failing to notify the business registration office of the district; where the business household is headquartering, the tax agency, or the market management agency.
In case there is a violation of the tax law, it will handle; according to regulations on sanctioning administrative violations in the tax field.
2.2 Remedial measures:
a) Forcing to report the business situation upon request, for violations specified at Point a, Clause 1 of this Article;
b) Forcible notification to the district-level business registration office of the violations; specified at Points b, c, d, dd, e and g, Clause 1 of this Article.
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Related questions
The dossier, order, and procedures for household business registration are specified in Article 87 of Decree 01/2021/ND-CP:
– Application for business household registration;
– Legal documents (CCCD/IDs/Passport) of the individual for the owner of the business household, a household member that registers the business household in case the household members register as a business household;
– 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;
– 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 business household;
– Power of attorney enclosed with personal legal papers for the person authorized to carry out the business household registration procedure.
Business households are only allowed to register their business at one location, are not limited in the number of members, and are responsible for all their assets for business activities. A business address can only be registered in the name of an individual business household.
In case that address has been used to register a business household, the owner of that business household must complete the procedures for changing the business address or dissolving the old business household. Only then will this address be used to register the establishment of a new business household.
Each individual/household can only register one business household nationwide. In addition, a member participating in the establishment of a business household must not be the owner of a private enterprise or a general partner of a partnership (unless the remaining general partners agree to participate).
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