If the declared content in the business household registration application is fake, it will be confiscated. Re-issue the Business Registration Certificate or not?

What are the conditions for a Business Household Registration Certificate?

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

– Business household registration certificate is issued to business households established and operating according to the provisions of this Decree. A business household is granted a Business Household Registration Certificate when it meets all of the following conditions:

+ 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 registration fee according to regulations.

– 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 Business Household Registration Certificate and the business household has the right to operate 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 cases of conditional business investment and business lines.

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

– Business households have the right to request the District 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 the full business household registration fee as prescribed.

When discovering that the business household owner declares that the content in the business household registration dossier is fake, will the Business Household Registration Certificate be 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 is revoked in the following cases:

+ The content declared 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 regulations. of the 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 business registration authority shall issue a notice of violation and issue a decision to revoke the Business Household Registration Certificate;

+ If the business household is established by a household member and there is a member who is not entitled 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 the change, the district business registration authority will 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 based on the Court’s decision within 03 working days from the date of receiving the Court’s decision.

– In case the district-level 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-level Business Registration Authority shall revoke the Business Household Registration Certificate according to the order and procedures specified in Clause 3 of 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 of the Business Household Registration Certificate being revoked to implement tax debt enforcement measures at the request of the Tax Administration Agency.

– In case the District Business Registration Authority receives a document from the Tax Administration Authority requesting to cancel the decision to revoke and restore the Business Household Registration Certificate after the Business Household Registration Certificate is revoked due to tax debt enforcement, 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 declared content in the business household registration dossier is fake and falls under one of the cases of revocation of the Business Household Registration Certificate.

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 activities, business households must send a notice of termination of business activities to the district business registration authority where they were registered. Accompanying the notice must be the following documents:

+ Notice of tax code termination by the Tax Authority;

+ A copy of the meeting minutes of household members on termination of household business activities in case household members register their business;

+ Original business household registration certificate.

– The business household is responsible for paying all debts, including tax debt and unfulfilled financial obligations, before submitting the application to terminate the business household’s operations, unless the business household and the creditor 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.