If a business household owner has been granted a Certificate of Business Registration but operates in a prohibited line of business, will the Certificate of Business Household Registration be revoked?

A business household owner who has been granted a Business Household Registration Certificate but operates in a prohibited industry or profession, will the Business Household Registration Certificate be revoked?

1. What conditions are required to be granted a Business Household Registration Certificate?

In Article 82 of Decree 01/2021/ND-CP stipulates the Business Household Registration Certificate as follows:

– Business Household Registration Certificate is issued to business households established and operating in accordance with the provisions of this Decree. A business household registration certificate is issued when the following conditions are met:

+ The registered business line and profession are not prohibited from business investment;

+ The name of the business household is set in accordance with the provisions of Article 88 of this Decree;

+ There is a valid business household registration dossier regulations;

+ Pay all business household registration fees as prescribed.

– The business household registration certificate is issued on the basis of information in the business household registration dossier declared by the business household founder and is responsible for himself.

– The information on the Business Household Registration Certificate is legally valid from the date of issuance of the Certificate. receive business household registration and the business household has the right to do business from the date of issuance of the Business Household Registration Certificate, except in the case of doing business in conditional business investment lines. In case a business household registers the start date of business operations after the date of issuance of the Business Household Registration Certificate, the business household has the right to operate business from the date of registration, except in the case of trading in conditional business investment lines.

– Business households can receive the Business Household Registration Certificate directly at the district-level Business Registration Office or register and pay a fee to receive it by mail. electricity.

– Business households have the right to request the district-level Business Registration Authority to issue a copy of the Business Household Registration Certificate and pay fees according to regulations.

Accordingly, to be granted a Business Household Certificate, the following requirements must be met:

+ Registered business lines and occupations are not prohibited from business investment;

+ The name of the business household is set in accordance with the provisions of Article 88 of this Decree;

+ Have valid business registration documents;

+ Pay full business household registration fee according to regulations.

2. Will the owner of a business household doing business in a prohibited line or profession have the issued Certificate of Business Registration revoked?

Pursuant to Article 93 of Decree 01/2021/ND-CP stipulating the revocation of Business Household Registration Certificate as follows:

– Business household registration certificate will be revoked in the following cases:

+ The declared content in the business household registration application is fake;

+ Cessation of business activities for more than 06 consecutive months without notifying the district business registration authority where registration is made and the tax agency;

+ Doing business in prohibited industries and occupations;

+ Business households are established by people who do not have the right to establish business households;

+ The business household does not send a report as prescribed in Clause 6, Article 16 of this Decree to the district business registration authority within 03 months from the deadline for sending the report or makes a written request;

+ Other cases according to the Court’s decision or request of a competent authority according to the provisions of law.

– In case the declared content in the business household registration dossier is fake, the district business registration authority shall issue a notice of violation of the business household and issue a decision to revoke the business household registration certificate.

In case the registration dossier to change the business household registration content is fake, the district-level Business Registration Authority shall issue a notice of violation of the business household and cancel the changes in the business household registration content made on the basis of fake information and issue a Business Household Registration Certificate on the basis of the most recent valid dossier, and at the same time notify the competent authority for review and handling according to the provisions of law. The district business registration authority requires the business household to re-do the application 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.

– In case a business household stops doing business for more than 6 consecutive months without notifying the district-level Business Registration Authority where it is registered or does not send a report as prescribed in Point dd Clause 1 of this Article, the district-level Business Registration Authority shall notify in writing of the violation and request the business household owner to go to the district-level Business Registration Authority to explain. After 10 working days from the end of the time limit stated in the notice, if the requested person does not come or the explanation is not approved, the district business registration authority will issue a decision to revoke the business household registration certificate. The district business registration authority is responsible for coordinating with relevant state management agencies in reviewing the explanation content of business households.

– In case a business household conducts a prohibited business or profession, the district-level business registration authority shall issue a notice of violation and issue a decision to revoke the business household registration certificate.

– In case a business household is established by people who do not have the right to establish a business household:

+ If a business household is established by an individual and that individual does not have the right to establish a business household, the district-level Business Registration Authority shall issue a notice of violation and issue a decision to revoke the Business Household Registration Certificate;

+ If a business household is established by a household member and there is a member who is not authorized to establish a business household, the district business registration authority shall issue a notice requiring the business household to register a change to that individual within 15 working days from the date of notification. If past the above deadline, the business household does not register a change, the district-level Business Registration Authority shall issue a notice of violation and issue a decision to revoke the Business Household Registration Certificate.

– In case the Court decides to revoke the Business Household Registration Certificate, the District-level Business Registration Authority shall issue a decision to revoke the Business Household Registration Certificate on the basis of the Court’s decision within 03 working days from the date receive the Court’s decision.

– In case the District Business Registration Authority receives a written request to revoke the Business Household Registration Certificate from a competent state authority in accordance with the law, within 10 days from the date of receipt of the written request to revoke the Business Household Registration Certificate, the District Business Registration Authority shall revoke the Business Household Registration Certificate according to the order and procedures specified in Clause 1 of this Article. 3 This Article.

– After the decision to revoke the Business Household Registration Certificate, the Business Household must carry out procedures to terminate operations as prescribed in Article 92 of this Decree, except in the case where the Business Household Registration Certificate is revoked to implement tax debt enforcement measures at the request of the Tax Administration Agency.

– In case the District Business Registration Office receives receive a document from the Tax Administration requesting to cancel the decision to revoke and restore the Business Household Registration Certificate after the Business Household Registration Certificate is revoked due to enforcement of tax debt, the District Business Registration Authority shall issue a decision to cancel the revocation decision and restore the Business Household Registration Certificate to the business household within 03 working days from the date of receipt of the written request.

Accordingly, The owner of the business household has been granted a Business Household Registration Certificate but the business activities in a prohibited line or profession are in one of the cases of revocation of the Business Household Registration Certificate.

3. What are the regulations on terminating operations of business households?

Pursuant to Article 92 of Decree 01/2021/ND-CP stipulating the termination of business household operations as follows:

– When terminating business operations, business households must send a notice of termination of business household operations to the district-level Business Registration Authority where registered. Accompanying the notice must be the following documents:

+ Notice of tax code termination by the Tax Authority;

+ Copy of minutes of meeting of household members on termination of business activities in case household members register business households;

+ Original copy of household business registration certificate business.

– Business households are responsible for paying all debts, including tax debts and unfulfilled financial obligations, before submitting documents to terminate business operations, unless the business household and creditors have otherwise agreed. The district business registration authority reviews the validity of the dossier and issues a notice of termination of business activities to the business household.