Can unregistered business lines issue invoices? no?

Can business lines without business registration be issued invoices?

First, according to Clause 1, Article 4 of Decree 123/2020/ND-CP stipulating the principles of creating, managing and using invoices and documents, when selling goods or providing services, the seller must make an invoice to deliver to the buyer (except for goods circulated internally to continue the production process; exporting goods in the form of lending, borrowing or returning goods) and must fully record the content and cases of using electronic invoices. must follow the tax authority’s standard data format.

At the same time, Clause 1, Article 7 of the Law on Enterprises 2020 stipulates the right of businesses to freely conduct business in industries and professions that are not prohibited by law.

Therefore, businesses, individuals, and organizations carrying out the business of selling goods or providing services regardless of registered or unregistered business lines, as long as they do not belong to non-prohibited lines, are entitled to issue invoices according to the provisions of law.

If the business changes its registered business line without notification, how much will the fine be?

According to Clause 2, Article 4, Decree 122/2021/ND-CP stipulates the fine levels as follows:

Fine level
…..
2. The fines specified in this Decree are the fines applicable to organizations (except the fines specified in Point c, Clause 2, Article 28; Points a and b, Clause 2, Article 38; Articles 62 and Article 63 of this Decree are the fines applicable to individuals). For the same administrative violation, the fine for individuals is equal to 1/2 (one-half) of the fine for organizations.

Pursuant to Article 49 of Decree 122/2021/ND-CP, if businesses change their registered business lines without notification, they will be fined as follows:

– Warning for violations of the time limit for notification of changes in business registration content from 01 day to 10 days.

– Fine from 3,000,000 VND to 5,000,000 VND for violating the notice period for changing business registration content from 11 days to 30 days.

– Fine from 5,000,000 VND to 10,000,000 VND for violating the notice period for changing business registration content from 31 days to 90 days.

– Fine from 10,000,000 VND to 20,000,000 VND for violations of the notice period for changing business registration content of 91 days or more.

– Fine from 20,000,000 VND to 30,000,000 VND for failure to notify changes in business registration content according to regulations.

– Remedial measures:

+ Forced notification to the business registration authority for violations specified in Clause 1, Clause 2, Clause 3 and Clause 4, Article 49 of Decree 122/2021/ND-CP in cases where changes have not been notified according to regulations;

+ Forced to send a notice to the business registration authority for violations specified in Clause 5, Article 49 of Decree 122/2021/ND-CP.

What content changes must businesses notify the business registration authority?

Pursuant to Article 31 of the Law on Enterprises 2020, regulations on notification of changes in business registration content are specifically as follows:

Notification of change in business registration content
1. Enterprises must notify the Business Registration Authority when changing one of the following contents:
a) Business lines;
b) Founding shareholders and shareholders who are foreign investors for joint stock companies, except for listed companies;
c) Other contents in business registration documents career.
2. Enterprises are responsible for notifying changes in enterprise registration content within 10 days from the date of change.
3. A joint stock company must notify in writing the Business Registration Authority where the company’s head office is located within 10 days from the date of change to shareholders who are foreign investors registered in the company’s shareholder register.

The notice must include the following contents:

a) Name, business code, head office address;
b) For shareholders who are foreign investors transferring shares: name and head office address of the shareholder who is an organization; full name, nationality, and contact address of individual shareholders; number of shares, type of shares and their current share ownership ratio in the company; number of shares and type of shares transferred;
c) For shareholders who are foreign investors receiving shares transfer: name and head office address of the shareholder who is an organization; full name, nationality, and contact address of individual shareholders; number of shares and type of shares to be transferred; number of shares, type of shares and their respective share ownership ratio in the company;
d) Full name and signature of the company’s legal representative.
…
Accordingly, when changing the following content, enterprises must notify the business registration authority, including:

– Industry and business.

– Founding shareholders and shareholders who are foreign investors for joint stock companies, except for listed companies.

– Other content in the business registration dossier.