Business households move their business location but do not notify the agency Will the business registration office be prosecuted?

What rights and obligations do household businesses have when operating?

Pursuant to Article 81 of Decree 01/2021/ND-CP regulating the rights and obligations of business household owners and household members Families participate in business household registration as follows:

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– The business household owner performs tax obligations, financial obligations and business activities of the business household according to the provisions of law.

– The business household owner represents the business household as a requester to resolve a civil matter, plaintiff, defendant, person with related rights and obligations before the Arbitrator, Court and other rights and obligations according to the provisions of law.

– The business household owner can hire others to manage and operate the business household’s business activities. In this case, the business household owner and household members participating in business household registration are still responsible for debts and other property obligations arising from business activities.

– The business household owner and household members participating in household business registration are responsible for the business activities of the business household.

– Other rights and obligations according to the provisions of law.

How is the business location of a business household regulated?

The business location of a business household is specified in Article 86 of Decree 01/2021/ND-CP as follows:

“Article 86. Business location of a household business business

1. The business location of a business household is the place where the business household conducts business activities.

2. A business household can do business in many locations but must choose one location to register the business household’s headquarters and must notify the Tax Administration Agency and market management agency of the place where business activities are conducted for the remaining business locations. again.”

Does a business household that moves its business location need to be notified?

* Registration dossier to change the business location of a business household is carried out according to Clause 4, Article 90 of Decree 01/2021/ND-CP including:

In case a business household moves its headquarters address to a district, town, or city in another province where the business household has registered, the business household shall send a dossier notifying the change of address to the district-level Business Registration Authority where the new headquarters is intended to be located. The application must contain copies of the following documents:

+ Notice of change in business household registration content signed by the business household owner;

+ Copy of meeting minutes of household members on registration of change of head office address in case household members register business households;

+ Copy of personal legal documents for business household owners and household members registering households business in case household members register business households.

* Procedures for implementing registration changes according to Clause 1 and Clause 5, Article 90 of Decree 01/2021/ND-CP as follows:

– The business household owner is responsible for registering changes to the content of the Business Household Registration Certificate with the Business Registration Authority within 10 days from the date of change.

– Upon receiving the dossier, the district business registration authority will issue a receipt and issue a business household registration certificate to the business household within 03 working days from the date of receiving the valid dossier. In case the dossier is invalid, the district business registration authority will clearly notify the business household of the content that needs to be amended and supplemented in writing within 03 working days from the date of receipt of the dossier.

Within 03 working days from the date of issuance of the Business Household Registration Certificate, in case the business household registers to change its head office address, the district-level Business Registration Authority where the business household has its new address must notify the Business Registration Authority where the business household was previously registered.

Note that when being issued a new Business Household Registration Certificate, in case of registering to change the content of business household registration, the business household must return the old Business Household Registration Certificate according to Clause 6, Article 90 of Decree 01/2021/ND-CP.

Based on the above regulations, we see that in case of changing the business location of a business household, the business household owner is responsible for registering a change in the content of the Business Household Registration Certificate with the Business Registration Authority within the prescribed time limit.

In case the business household fails to notify the district-level business registration authority about moving the business location, the penalty for the business household owner is a fine from 5,000,000 VND to 10,000,000 VND as prescribed in Point d, Clause 1, Article 63 of Decree 122/2021/ND-CP.

Accordingly, this fine is the penalty imposed on individuals and is required to notify the district business registration authority according to Clause 2, Article 4 of Decree 122/2021/ND-CP. In addition to the above fine, the business household will also be subject to remedial measures specified in Point d, Clause 1, Article 63 of Decree 122/2021/ND-CP.

Thus, business households when conducting activities enjoy rights and are responsible for performing obligations according to regulations. In case a business household moves its business location, it must carry out the registration procedure to change the registration content with the competent business registration authority. In case of failure to do so, it will be handled according to Decree 122/2021/ND-CP.

Practical points to review

For the topic “Business households move their business location but do not notify the agency Will the business registration office be prosecuted?”, readers should compare the legal rule with the actual documents, parties involved, timeline and evidence before choosing a course of action.

  • Identify the legal relationship, signing authority and documents creating rights or obligations.
  • Check deadlines, notices, payment records, approvals and evidence that may affect the legal position.
  • Assess whether negotiation, document correction, complaint, arbitration, court proceedings or another route is suitable.

Documents to prepare

  • Contracts, annexes, decisions, notices, emails, messages, payment records and handover/acceptance minutes where relevant.
  • Enterprise, asset, license or identity documents connected to the matter.
  • A short timeline of key events and the outcome expected from the review.

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