Can a lost business household registration certificate be re-issued?

1. What is a business household?

Pursuant to Article 79 of Decree 01/2021/ND-CP as follows:

(1) A business household is registered by an individual or household members and is responsible with all of their assets for the business activities of the household. In case household members register a business household, one member shall be authorized to act as the business representative. The individual who registers as a business household, the person authorized by household members to represent the business household, is the owner of the business household.

(2) Households engaged in agricultural, forestry, fishery, salt production, and street vendors, snacks, traders, mobile businesses, seasonal businesses, and low-income service providers do not have to register as business households, except in the case of doing business in conditional business investment sectors. The People’s Committees of provinces and centrally run cities regulate low income levels applicable locally.

2. Principles applied in business household registration

According to Article 84 of Decree 01/2021/ND-CP stipulates as follows:

(1) Business households and business household founders declare the business household registration dossier themselves and are responsible before the law for the legality, truthfulness and accuracy of the information declared in the business household registration dossier business.

(2) The district-level business registration authority is responsible for the validity of the business household registration dossier, and is not responsible for violations of the law by business household founders or business households.

(3) The district-level business registration authority does not resolve disputes between individuals in business households with each other or with organizations and individuals. other.

(4) Business household owners can authorize other organizations and individuals to carry out business household registration procedures according to the provisions of Article 12 of this Decree.

3. If a business household registration certificate is lost, can it be re-issued?

Pursuant to Article 94 of Decree 01/2021/ND-CP stipulating the re-issuance of a business household registration certificate specifically:

(1) In case the Business Household Registration Certificate is lost, burned, torn, crushed or otherwise destroyed, the business household can send a written request for re-issuance of the Business Household Registration Certificate to the district-level Business Registration Authority where the business household’s headquarters is located. The district business registration authority shall consider re-issuing the business household registration certificate within 03 working days from the date of receipt of the written request.

(2) Handling of cases where Business Household Registration Certificate is issued without the correct documents, order and procedures as prescribed is carried out according to the following regulations:

a) In case the Business Household Registration Certificate is issued incorrectly according to the prescribed order and procedures, the district-level Business Registration Authority shall send a notice to the business household and at the same time re-issue the issue according to the correct order and procedures;

b) In case the business household registration is issued without the correct documents as prescribed, the district-level Business Registration Authority will notify that the Business Household Registration Certificate issued without the correct documents as prescribed is invalid, requiring the business household to complete and submit valid documents according to regulations within 30 days from the date of sending the notice to be considered for issuance of the Business Household Registration Certificate. Business households can combine the legal changes of subsequent change registrations in one dossier set to be granted a new change registration;

c) In case the registration to change the content of business household registration is not in accordance with the prescribed documents, the district-level Business Registration Authority shall notify that the Business Household Registration Certificate issued on the basis of incorrect documents according to regulations is invalid, and at the same time issue the Certificate of Business Household Registration on the basis of the most recent valid dossier. The district business registration authority sends a notice requesting the business household to complete and submit valid documents according to regulations within 30 days from the date of sending the notice to be considered for issuance of the Business Household Registration Certificate. Business households can combine the legally changed contents of subsequent change registrations in one dossier set to be granted a new change registration.

(3) Handling of cases where the Business Household Registration Certificate is issued on the basis of information declared in the business household registration dossier is untruthful or inaccurate shall be carried out according to the following regulations:

a) In case the information declared in the business household registration dossier is untruthful or inaccurate, the district-level Business Registration Authority shall notify the housing authority. Competent country to handle according to the provisions of law, and at the same time notify that the Business Household Registration Certificate issued on the basis of a registration dossier containing untruthful or inaccurate information is invalid, requiring the business household to complete and resubmit the dossier according to regulations within 30 days from the date of sending the notice to be considered for issuance of the Business Household Registration Certificate. Business households can combine the legal changes of subsequent registrations in one set of documents to be granted a new registration change.

In case the business household does not complete and resubmit the application as prescribed, the district business registration authority requires the business household to report according to the provisions of Clause 6, Article 16 of this Decree;

b) In case the information declared in If the registration dossier to change the content of business household registration is not truthful or accurate, the district-level Business Registration Authority shall notify the competent state authority for handling according to the provisions of law, and at the same time notify that the Business Household Registration Certificate issued on the basis of the registration dossier with untruthful or inaccurate declaration information is invalid and issue the Business Household Registration Certificate on the basis of the most recent valid dossier. The district business registration authority shall notify the business household to complete and resubmit the prescribed documents within 30 days from the date of sending the notice to be considered for issuance of the Business Household Registration Certificate. Business households can combine the legal changes of subsequent registrations and change notices in one set of documents to be granted a new registration change.

(4) In case a business household is granted a new Business Household Registration Certificate, the Business Household Registration Certificate of the previous times is no longer valid.

Thus, when the Business Household Registration Certificate is lost business will be reissued.