How many business households can be registered with one identity card according to is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
How many business households can be registered with one identity card/citizen identification card according to the provisions of law?
Pursuant to Article 80 of Decree 01/2021/ND-CP regulating The right to establish a business household and the obligation to register a business household are specifically as follows:
The right to establish a business household and the obligation to register a business household
1. Individuals and household members who are Vietnamese citizens with full civil act capacity according to the provisions of the Civil Code have the right to establish business households according to the provisions of this Chapter, except for the following cases:
a) Minors, people with limited civil act capacity; people who have lost their civil act capacity; people with difficulties in cognition and behavior control;
b) People who are being prosecuted for criminal liability, detained, serving a prison sentence, serving administrative measures at a mandatory drug treatment facility, a compulsory education facility, or are being banned by the Court from holding a position, practicing a profession or doing certain jobs;
c) Other cases prescribed by law include related.
2. Individuals and household members specified in Clause 1 of this Article are only allowed to register one business household nationwide and are entitled to contribute capital, buy shares, and purchase capital contributions in the enterprise as individuals.
3. An individual or household member registering a business household cannot simultaneously be the owner of a private enterprise or a partner of a partnership unless otherwise agreed by the remaining partnership members.
At the same time, according to the provisions of Clause 2, Article 87 of Decree 01/2021/ND-CP on business household registration:
Register business households
1. Business household registration is done at the district business registration authority where the business household’s headquarters is located.
2. Business household registration documents include:
a) Application for business household registration;
b) Personal legal documents for business household owners and household members registering business households in case household members register business households;
c) A copy of the meeting minutes of household members on the establishment of a business household in case household members register a business household;
d) Copy of the household member’s authorization document for a member to be the owner of a business household in case household members register a business household.”
From the above regulations, it can be seen that a person can only register one business household nationwide.
On the other hand, for the application to establish a business household, there must be personal legal documents for the owner of the business household, and the legal documents as prescribed in Clause 16, Article 4 of the 2020 Law on Enterprises are one of the following types of documents:– Citizen Identification Card;
– Identity card;– Passport;
– Other legal personal identification documents.
Thus, when carrying out the registration procedure, the business household owner’s ID/CCCD code has been declared.
Therefore, one ID card/CCCD can only register one business household.
Does a business household have to submit the old Business Household Registration Certificate when registering to change the business household registration content?
Pursuant to Article 90 of Decree 01/2021/ND-CP regulating changes to business household registration content 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.
At the same time, when being issued a new Business Household Registration Certificate in case of registering to change the content of business household registration, Business households must return the old Business Household Registration Certificate.
Note: 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.
When the content declared in the business household registration dossier is fake, will the business household registration certificate be revoked?
Pursuant to Clause 1, Article 93 of Decree 01/2021/ND-CP, in the following cases, the business household registration certificate will be revoked, specifically Can:
Revocation of Certificate of business household registration
1. A business household’s Certificate of Business Registration is revoked in the following cases:
a) The declared content in the business household registration dossier is fake;
b) Cessation of business activities for more than 06 consecutive months without notifying the District Business Registration Authority where the registration is and the Tax Authority;
c) Doing business in the field, prohibited occupations;
d) Business households established by people who are not authorized to establish business households;
dd) Business households that do not submit a report as prescribed in Clause 6, Article 16 of this Decree to the district-level business registration authority within 03 months from the deadline for sending the report or with a written request;
e) Other cases according to the Court’s decision or request of a competent authority according to the provisions of law.
Thus, in case the declared content in the business household registration dossier is discovered to be fake, the business household registration certificate will be revoked.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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