Procedures for registration of the latest car park business license in 2021 in Vietnam
In recent years, in Vietnam, urbanization is taking place very strongly in big cities. Rapid population growth in big cities is overloading infrastructure, including parking lots. The scarcity of parking spaces is becoming more and more common, especially in high-rise buildings, offices, restaurants, offices… places where a large number of people live and work. That’s why the parking lot business has also become very hot. So what is the current procedure for registering a parking business license? Today, LSX Lawfirm will give you an article about: “Procedures for registration of the latest car park business license in 2021 in Vietnam”, as follows:
Legal grounds
Enterprise Law 2020
Investment Law 2020
Circular 12/2020/TT-BGTVT
What is the parking lot business?
The parking lot is a large, open area that is planned; Built for parking of vehicles. Usually, this term refers to a dedicated area that has been cleared and built for permanent or semi-permanent structures. In most countries where cars are the primary means of transport; and important of transportation parking is a fabric of all cities and suburban areas; malls; sports stadiums; and similar locations often have plenty of parking in large areas.
Parking lot business means that people need to park their cars at the parking area and pay a fee to be provided with a parking space at a location where parking is permitted.
Does the parking lot business need a business registration?
According to the provisions of the Investment Law 2020, the parking lot business is not listed as a conditional business line, but the operation; and management requirements to ensure security and order; and fire prevention and fighting (sub-licenses).
Besides, according to Circular 12/2020/TT-BGTVT; if individuals or organizations want to do business on a large scale; combined with other services such as car rental, vehicle maintenance, maintenance, etc., business registration is required.
In this case; business units can depend on the size of the parking lot; then decide to establish a business household or enterprise.
Conditions for registration of parking lot business
According to the provisions of Clause 1, Article 55 of Circular 12/2020 / TT-BGTVT; Individuals and organizations that want to do business in parking lots must meet the following conditions:
- Ensure security and order; meeting requirements on fire and explosion prevention and fighting and environmental sanitation;
- The way in and out of the parking lot must arrange to ensure safety and not cause traffic jams.
Thus, in order to do business in the parking lot, the management establishment needs to apply for a security and order permit; and fire protection license.
According to Clause 2, Article of Circular 12/2020/TT-BGTVT, in the course of business; management unit; Parking lot business must comply with the following conditions:
– Ensure security, order, environmental sanitation and prevent and fight fire and explosion at the parking lot;
– Publicly posting the rules and prices of services at the parking lot, name; and phone numbers of competent state management agencies for car owners to reflect and complain when necessary;
– Compensation for damage to the consignor if the vehicle is lost or damaged;
– Then Subject to the inspection and supervision of competent state agencies;
– Trading in the services specified in Clause 2 of this Article;
– Then Collecting money to keep the vehicle;
– Do not allow vehicle owners to use the parking lot to pick them up; unloading passengers or loading and unloading goods, packing, loading, and preserving goods then;
– Have the right to refuse service to vehicle owners who do not comply with parking regulations.
Procedures for registration of a car park business license
To be able to apply for a car park business license; You need to follow specific procedures as follows:
- Firstly, individuals, groups of individuals or their representatives submit an application for registration of warehouse business; parking lot together with the application file for a warehouse business license to the business registration office of the district – where the business establishment is located.
- Secondly, the business registration agency approves the application. If the dossier is incomplete or invalid, the business owner shall guided to correct it.
- Thirdly, the business registration agency will make an appointment with the business owner to receive the car park business license within the specified time.
- Finally, on the appointment date, the business owner brings the appointment letter and identity card to the district-level business registration office; to receive a warehouse business license; car park.
For the registration process for a license to provide parking services, according to Clause 5, Article 55 of Circular 12/2020/TT-BGTVT; The Department of Transport will advise the Provincial People’s Committee to organize and manage activities. Therefore; the licensing and management process of each locality is different; and specified in the internal documents of each locality.
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Related questions
Currently, conditional business lines are specified in Appendix IV of the Investment Law 2020, but parking is not specified in this list, therefore, parking business is not an industry. conditional business.
The law allows individuals and organizations wishing to freely choose the form of parking lot business, therefore, for small-scale businesses, business households and cooperatives can be selected. , and large scale, can choose the types of enterprises specified in the current Law on Enterprises
Pursuant to Point dd, Clause 1, Article 3 of Decree 39/2007/ND-CP, commercial activities individual means an individual who performs one, several, or all of the activities permitted by law on a daily basis. buying and selling goods, providing services … profitable but not required to register a business, not called “traders”, including car parking services.
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