Instructions on how to fill in the latest notice of change in business owner?

Instructions on how to fill out the latest notice of change in business owner in 2024?

Currently, the latest form of notice of change of business household owner is uniformly used according to the form in Appendix III-3 issued with Circular 02/2023/TT-BKHDT.

Accordingly, the notification form for change of business owner will be filled out as follows:

[1] In section “Name of business household”

Fill in the name of the business household requesting to change the business owner.

[2] In the “Dear” section

Fill in the Finance – Planning Department of the district People’s Committee where the business household has been registered (pursuant to Article 90 of Decree 01/2021/ND-CP).

[3] In section “Business household code/Tax code”

Fill in the business household code/tax code of the business household.

[4] In section “Business household registration code”

Completely fill in the business household registration code, which is a 10-digit series written on the Business Household Registration Certificate.

The business household registration code has the following structure:

– Provincial code: 02 numeric characters;

– District level code: 01 character in Vietnamese letters;

– Type code: 01 character, 8 = business household;

– Business household serial number: 06 numeric characters, from 000001 to 999999.

(Pursuant to Article 83 Decree 01/2021/ND-CP).

[5] In section “Change of business owner due to”

Mark an X in one of the boxes corresponding to the case of changing business owners.

[6] In section “Type of personal legal documents”

Note that only mark an X in a box corresponding to the type of personal legal document you are using.

[7] In the signature section, note:

After the change, the business household owner signs directly in the post-change business household owner section.

There is no part of the business owner before the change in case of changing the business owner due to inheritance. In other cases, the business owner before the change signs directly in this section.

What are the procedures when changing business owners?

Pursuant to the provisions of Clause 3, Article 90 of Decree 01/2021/ND-CP, when changing the owner of a business household, the business household must carry out the procedure to notify changes in the content of business household registration to the Finance – Planning Department of the district People’s Committee where the business household is registered.

Business households send dossiers including the following documents:

– Notice of change of business household owner signed by the old business household owner and new business household owner or by the new business household owner in case of change of business household owner due to inheritance according to the form stated in Section 1 above.

– Sales contract or documents proving completion of the sale in case of selling a business; Donation contract in case of donation to business households; Copy of document certifying the legal inheritance rights of the heir in case of change of business owner due to inheritance.

– A copy of the meeting minutes of household members on the change of business owner in case household members register their business.

– Copy of the household member’s authorization document for a member to be the business owner in case household members register their business.

After selling, donating, or inheriting a business household, the business household is still responsible for the debts and other property obligations of the business household that arose during the period before the transfer date of the business household, unless the business household, the buyer, the donor, the heir, and the business household’s creditors have otherwise agreed.

The business household can do business in a conditional business line. no?

Pursuant to the provisions of Article 89 of Decree 01/2021/ND-CP with the content:

Business lines and professions of business households

1. When registering establishment or registering to change the content of business household registration, the business household must write the business line and profession on the Application for Business Household Registration and Notice of Change in Business Household Registration Content. The district business registration authority records information about business lines and professions on the Business Registration Certificate.

2. Business households are entitled to conduct business in conditional investment and business lines from the time they meet the conditions prescribed by law and must ensure that they meet those conditions throughout the operation process. State management of conditional investment and business industries and occupations and inspection of the compliance with business conditions of business households fall under the authority of specialized agencies according to the provisions of specialized laws.

3. In case the district-level Business Registration Authority receives a document from the competent authority regarding a business household conducting conditional investment and business lines but does not meet the conditions prescribed by law, the district-level Business Registration Authority shall issue a Notice requesting the business household to temporarily stop conducting business in the conditional investment and business lines, and at the same time notify the competent state authority to handle according to the provisions of law.

Thus, business households have the right to conduct business in conditional investment and business lines from the moment they meet the conditions prescribed by law and must ensure that they meet those conditions throughout the operation process.