Short answer: Not necessarily. A family household using an individual residential house to develop rooftop solar power with a capacity of under 100 kW and selling surplus electricity into the national power grid is exempt from or not required to amend the business household registration certificate (Article 13 of Decree 58/2025/ND-CP). Cases not falling under this exception must still register a business household as prescribed.
What is a business household?
Under Article 79 of Decree 168/2025/ND-CP, a business household is registered for establishment by an individual or family household members and bears liability with all its assets for the household’s business activities. An individual or family household member may register only one business household nationwide.
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Must rooftop solar power business register a business household?
Under Article 13 of Decree 58/2025/ND-CP on rooftop solar power development: a family household using an individual residential house to develop rooftop solar power with a capacity of under 100 kW and selling surplus electricity into the national power grid is exempt from or not required to amend the business household registration certificate.
At the same time, under Article 15 of Decree 58/2025/ND-CP, a family household installing rooftop solar power under 100 kW connected to the power system must send a notice to the Department of Industry and Trade, the power unit, and the local construction and fire prevention management agency.
Note: the phrase “exempt from or not required to amend the business household registration certificate” must be understood within its correct scope — this is an exception on business registration procedures and does not mean exemption from all other specialized obligations such as electrical safety, construction, and fire prevention.
Which cases must still register a business household?
Cases not falling under the exception in Article 13 of Decree 58/2025/ND-CP — for example, capacity of 100 kW or more, not a family household using an individual residential house, or organizations and individuals conducting rooftop solar power business in a professional commercial manner — must still register a business household (or establish an enterprise depending on scale) as prescribed.
Under Article 87 of Decree 168/2025/ND-CP, business household registration is carried out at the commune-level business registration agency where the business household’s head office is located. The dossier includes: the business household registration application; legal documents of the individual for the household head and family household members; a copy of the family household members’ meeting minutes (if members jointly register); a copy of the written authorization for one member to act as household head (if any). The time limit for issuance of the business household registration certificate is 03 working days from receipt of a valid dossier.
Notes on applying current legal provisions
The conclusion “rooftop solar power business must still register a business household” is correct only for cases not falling under the exceptions of Decree 58/2025/ND-CP. This article is presented for reference purposes. Where it is necessary to determine precisely whether your family’s installation model falls under the exception, please contact ANT Legal’s lawyers at 0966.475.966 for verification and advice before proceeding.
Common risks to note
- Missing the exception in Article 13 of Decree 58/2025/ND-CP and mechanically concluding “registration is still required”;
- Misunderstanding the exception as exemption from all specialized obligations;
- Failing to fulfill the notice obligation under Article 15 of Decree 58/2025/ND-CP when connected to the grid;
- Registering a business household while falling under the exemption case.
How can ANT Legal help?
ANT Legal assists in reviewing rooftop solar power investment models, determining business registration obligations and related notice procedures under current regulations. For prompt advice, please contact our lawyers at 0966.475.966.
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