Procedures for applying for a business license for a restaurant in Vietnam
Restaurant business is one of the business forms chosen by many individuals and households. But to bring their business into operation legally and legally is something that not all business people know well. In fact, many people still wonder if opening a small restaurant requires a business license and specifically what is the registration procedure? LSX Lawfirm will give you an article about: “Procedures for applying for a business license for a restaurant in Vietnam”, as follows:
Legal grounds
– Decree No. 01/2021/ND-CP on business registration
– Law on Food Safety No. 55/2010/QH12
– Decree No. 39/2007/ND-CP On regular independent commercial activities without business registration.
Do you need a business registration to open a small restaurant?
Clause 1, Article 3 of Decree 39/2007/ND-CP stipulates cases where individuals conducting commercial activities are not subject to business registration, including:
Street-trafficking (street-trafficking) means buying and selling activities without a fixed location (peddling; peddling or hawking at the same time); including the receipt of books, magazines, and culture products of traders; who are allowed to trade in these products in accordance with the law for peddling;
- Small business is the activity of buying and selling small items with or without a fixed location;
- Selling snacks is the activity of selling gifts, cakes, food, drinks (drinks) with or without a fixed location;
- Transshipment trading is the activity of buying goods from other places on each trip to sell to wholesalers or retailers;
– Performing services: shoe shine, lottery ticket sales, lock repair, car repair, parking, car wash, haircut, painting; photography and other services with or without a fixed location;
– Independent commercial activities, often without other business registration.
In addition
From the above provisions; it can be seen that the cases of individuals engaged in commercial activities not subject to business registration are individuals; who operate without a fixed business location; and conduct one or a number of business activities by themselves or the entire business.
Therefore, if the restaurant owner intends to rent a fixed location and hire less than 10 employees; he will have to carry out business registration procedures in the form of a business household.
In addition, Clause 5, Article 2 of the Law on Food Safety 2010 stipulates: Food service establishments are food processing establishments; including shops and stalls dealing in instant food, cooked food, restaurants; ready-to-eat meals, canteens and collective kitchens.
Accordingly, the restaurant business is a type of conditional business according to the provisions of law. According to Article 34 of the Law on Food Safety and Hygiene, in addition to the Certificate of Business Household Registration, the restaurant business establishment needs to have a Certificate of eligibility for food safety issued by a competent authority.
Procedures for applying for a business license for a restaurant in Vietnam
The representative of a household, individual; or group of individuals who wants to apply for an individual business household registration certificate; for a restaurant needs to send an application for business household registration to the business registration office; where the restaurant is located. A business household registration dossier includes:
- Application for business household registration;
- Legal documents of the individual, for the owner of the business household; the household member registering the business household in case the household members register the 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 authorization letter for one member to be the head of the household business; in case the household members register as a household business.
So, upon receipt of the application; the business registration authority of the district shall hand over the receipt and issue a certificate of business household 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.
Note: If the restaurant employs more than 10 employees, it is required to carry out business registration procedures.
Procedures for applying for a certificate of eligibility for food safety for restaurants in Vietnam
Regarding the procedure for applying for a food safety certificate, the shop owner needs to prepare documents including:
- Firstly, an application form for a Certificate of eligibility for food safety;
- Secondly, a copy of the business registration certificate;
- Thirdly, an explanation of the facilities, equipment and tools to ensure food hygiene and safety conditions as prescribed by the competent state management agency;
- Then a health certificate of the establishment owner and the person directly producing and trading food, issued by a district-level or higher-level medical facility;
- Finally, certificate of training in knowledge of food safety and hygiene of the establishment owner and of the person directly producing and trading food according to regulations of the Minister of industry management.
So, the business owner submits the application at the Food Safety Management Board/ Food Safety and Hygiene Sub-Department. Within 15 days from the date of receipt of a complete and valid dossier, the competent agency shall physically inspect the conditions for ensuring food safety at the food business establishment; if all conditions are met, the Certificate of establishments meeting all food safety conditions must be granted; In case of refusal, it must reply in writing and clearly state the reason.
You can also refer to the article about Dossier for registration of personal tax identification for foreigners or Procedures for registration of personal tax identification for foreigners.
Related article: The benefits of registering a personal tax number in Vietnam
Related questions
Hence the regulation of Vietnamese Law, tax is compulsory; non-reimbursable revenue of the State for organizations; and individuals to meet the spending needs of the State for the common good
Tax identification number is a sequence of numbers, letters or characters issued to taxpayers by a tax authority in accordance with the Law on Tax Administration. Tax identification number to identify and identify each taxpayer, including taxpayers with import and export activities, and uniformly managed nationwide.
To perform tax management: identification of taxpayers, taxable objects, management of revenue, taxable income, the use of invoices and vouchers, tax refund, etc. of taxpayers, tax authorities has conducted the issuance of a tax code: a business unit or individual that arises or is related to the performance of a tax obligation will be granted a separate tax identification number. Since 1999, when implementing the Law on Value Added Tax, the tax sector has developed a tax code granting system.
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