Hello Lawyer, I intend to register a fruit export business in Korea. Don’t know what the current business registration procedure is? If I register a business, should I get my home address or is it better to have my farm address? Can the business registration address be changed or is it only registered once? What is the business registration procedure following current law? What are the current regulations on business registration addresses? Looking forward to helping my counsel. I would like to express my sincere thanks to the Lawyer.
Legal grounds
- Enterprise Law 2020
- Decree No. 01/2021/ND-CP
The concept of individual business registration
A business individual can be understood as an individual who conducts commercial activities independently, and regularly, and is not subject to business registration by the law on business registration.
An individual with business registration is a specific person with civil act capacity, capital, health, technique, and expertise, and a business location suitable to the business lines and products, not prohibited by law from doing business.
Individuals who do business, conduct business in their name, and take responsibility for their business activities, have registered their business by the law.
Only after being granted a business license can a business person be allowed to do business. Business licenses are granted by the law.
When do I need to register my own business?
For business individuals who are individuals conducting commercial activities independently and regularly, they are not subject to business registration as prescribed by law in Clause 1, Article 3 of Decree 39/2007/ND-CP. No business registration required.
Specifically, it includes individuals who carry out the following commercial activities:
a) Street hawking (peddling) means activities of buying and selling without a fixed location (peddler buying, peddling, or both peddling and peddling), including the receipt of books, magazines, and literature. goods of traders who allowed to trade in these products by the law for peddling;
b) Small business means the activity of buying and selling small items with or without a fixed location;
c) Selling snacks means the activities of selling gifts, cakes, food, and drinks (drinks) with or without a fixed location;
d) Consignment trading is the activity of buying goods from other places on each trip to sell to wholesalers or retailers;
đ) Performing services: shoe shine, lottery ticket sales, lock repair, car repair, car parking, car wash, haircut, painting, photography, and other services with or without a fixed location ;
e) Independent and regular commercial activities without other business registration.
In the case of business individuals are traders or other individuals engaged in trade-related activities but do not fall into the cases specified in Clause 1, Article 3 of Decree 39/2007/ND-CP, they must register their business according to regulations on the law.
What is a valid corporate headquarters address?
- The head office of the enterprise is the contact place of the enterprise in Vietnam, determined by the administrative boundary unit, phone number, fax number, and email (if any);
- The address of the head office of the company must identify 4 levels of administrative units.
For example:
If your address is individual (full house) and has a clear house number, you can get the address in the following form:
– Address of Anpha Accounting Company in Ho Chi Minh City. HCM: 202 Le Lai, Ben Thanh Ward, District 1, Ho Chi Minh City.
If your address is located in an office building, it can be written as follows:
– Branch of Anpha Accounting company in Hanoi: 16th floor, Viet A building, number 9, Duy Tan street, Dich Vong Hau ward, Cau Giay district, Hanoi city.
If your address does not have a clear house number, you can write the following:
– Bong Mac village, Lien Mac commune, Me Linh district, Hanoi city, Vietnam.
What are the current regulations on business registration addresses?
Addresses are allowed to register for business when meeting the conditions specified in the law below:
Article 42. Head office of enterprises
The head office of the enterprise is located in the Vietnamese territory, is the contact address of the enterprise, and is determined according to the geographical boundaries of the administrative unit; have a phone number, fax number, and email (if any).
Determine where the company’s address/headquarters is located such as: Where is it allowed to have a business headquarters and where it is not allowed.
– For ordinary company addresses with a clear address specified in Article 43 of the Law on Enterprises below, it is possible to set the address of the head office of the enterprise.
For example, if in the City, determine the address as follows:
- 491/1 Truong Chinh, Ward 14, Tan Binh District, HCMC.
- 132 Dien Bien Phu, Dakao Ward, District 1, HCMC
For example, if in the Province, determine the address as follows:
- An Lac Village, Thuy Khue Commune, Gia Bao District, Commune
- Hamlet 2, Nhi Dong Commune, Phu Hung District, Y . Province
– For addresses located in apartments, when registering a business, the registrant should note the following issues:
For apartments located on the upper floors of the apartment building with the function of living (usually from the 3rd floor and above), it is not allowed to set the company address to perform the business function. However, in some commercial centers/apartments, the investor may apply for business, commercial and service functions for the ground floor, first floor, second floor, etc. In this case, to be accepted for business registration on these floors, it is necessary to present documents proving that that floor has a business, commercial and service functions such as Project approval decision..v.v.
What is the procedure to change the current company address?
Step 1: Prepare documents to change company address
+ Certificate of business registration.
+ Investment registration certificate (for foreign-invested enterprises).
+ New company address to move to.
Step 2: Complete the application to change the company’s address
Step 3: Sign the application, submit the application and receive the result of changing the company address:
+ After signing and completing the application, NVL will proceed to submit the application and receive the result of the application, then notify you.
Penalties for registering the wrong address on the business license
Penalties for registering the wrong company address on the business license:
- Above all, late publication or failure to publish registration contents: 1,000,000 VND – 2,000,000 VND;
- Declaring incomplete, incorrect or dishonest registration contents: 10,000,000 VND – 15,000,000 VND;
- Late registration to change the content on the business license: 1,000,000 VND – 15,000,000 VND.
Can an address be registered with multiple business households?
According to Article 86 of Decree 01/2021/ND-CP, the current law does not prohibit multiple business households from registering at the same location. And this is quite common. Because some household businesses do business in many locations; they only register one place as headquarters and many times not as the main place of operation. Therefore, it is still allowed for many business households to register at the same location and not violate the law.
to ensure the operation as well as the management of the state; then the parties registering at the same address must clarify the boundary; headquarters; responsibility; property between two households…. to avoid misunderstandings as well as to clearly define each household and its business activities.
And at the registered office location; Business households can also attach signs to identify their brands.
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Frequently asked questions
The head office of the company, the enterprise is the contact place of the enterprise in the territory of Vietnam. Head office address can be determined through 4 levels of administrative units; phone number, fax number, or email (if applicable)
Yes – According to regulations, companies and enterprises are allowed to have their headquarters in separate houses with addresses identified at 4 levels of administrative units (except for apartments used for a living).
Yes, if the business nameplate is not attached at the head office, a fine of between VND 10,000,000 and VND 15,000,000 will be imposed.
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