Changing the Head of a Household Business: Notification Deadline

The time limit for a household business to notify the Business Registration Office when changing the head of the household business is provided in Clause 1, Article 90 of Decree 168/2025/ND-CP as follows:

“Registration of changes to household business registration content
1. The head of the household business is responsible for registering changes to the content of the Household Business Registration Certificate with the Business Registration Office within 10 days from the date of the change.
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Under this provision, when the head of the household business changes, the household business must notify the Business Registration Office within 10 days from the date of the change.

1. What documents are included in the dossier for notifying a change of the head of the household business?

Under Clause 3, Article 90 of Decree 168/2025/ND-CP, the dossier for notifying a change of the head of the household business includes:

• (1) A notice of change of the head of the household business signed by both the former and new heads, or signed by the new head in the case of a change due to inheritance;
• (2) A sale contract or documents proving completion of the sale in the case of selling the household business; a donation contract in the case of donating the household business; a copy of the document certifying the heir’s lawful inheritance rights in the case of a change due to inheritance;
• (3) A copy of the minutes of the family household members’ meeting on the change of the head of the household business, where the household business is registered by family members;
• (4) A copy of the written authorization by family members for one member to be the head of the household business, where the household business is registered by family members.

Note: After the household business is sold, donated, or inherited, it remains liable for debts and other asset obligations arising before the handover date, unless the household business, the buyer, the donee, the heir, and the creditors agree otherwise.

2. Is the head of the household business penalized for late notification?

Administrative penalties for a household business that changes its head but fails to notify the Business Registration Office on time are provided in Point d, Clause 1 and Point b, Clause 3, Article 62 of Decree 122/2021/ND-CP (amended and supplemented by Decree 288/2026/ND-CP, effective from 21/7/2026):

“Violations regarding household business registration
1. A fine of VND 5,000,000 to VND 10,000,000 for any of the following acts:
a) An individual or family members registering more than one household business;
b) Establishing a household business without the right to do so;
c) Failing to register the establishment of a household business where registration is required;
d) Failing to register changes to the content of the Household Business Registration Certificate with the commune-level Business Registration Office within 10 days from the date of the change.
2. A fine of VND 10,000,000 to VND 20,000,000 for any of the following acts:
a) Declaring dishonest or inaccurate information in the household business registration dossier or the dossier for registering changes to household business registration content. Where tax law is violated, penalties follow the rules on administrative penalties in the tax sector;
b) Continuing to conduct conditional business lines when requested to suspend by the commune-level Business Registration Office.
3. Remedial measures:
a) Compelling registration of the household business establishment for violations in Point c, Clause 1 of this Article;
b) Compelling registration of changes to the content of the Household Business Registration Certificate where not yet registered, for violations in Point d, Clause 1 of this Article.”

Under Clause 2, Article 4 of Decree 122/2021/ND-CP (amended and supplemented by Decree 288/2026/ND-CP, effective from 21/7/2026), the fines in this Decree apply to organizations (except those in Point c, Clause 2, Article 28; Points a and b, Clause 2, Article 38; Articles 62 and 63, which apply to individuals). For the same administrative violation, the fine for an individual equals 1/2 of the fine for an organization.

Accordingly, a household business that changes its head but fails to notify the Business Registration Office on time may be subject to an administrative fine of VND 5,000,000 to VND 10,000,000.

The household business is also compelled to register changes to the content of the Household Business Registration Certificate where not yet registered.

Notes on applying current legal provisions

This article belongs to the Enterprise & M&A Knowledge group and is presented for reference, helping readers understand the legal issue at an overview level before preparing dossiers or conducting transactions.

Legal provisions may change depending on timing, locality, dossier type, and specific circumstances. Where it is necessary to determine the exact legal basis applicable to your dossier, please contact an ANT Legal lawyer at 0966.475.966 for review and advice before proceeding.

Common risks to note

• Applying legal documents that have been amended, supplemented, or replaced.
• Preparing incomplete dossiers, documents, or evidence.
• Misunderstanding the applicable conditions, procedures, time limits, or competent authority.
• Signing, filing, or conducting transactions without fully assessing legal risks.

How can ANT Legal help?

ANT Legal assists in reviewing specific situations, checking dossiers, identifying the applicable legal basis, advising on handling plans, and representing you in working with individuals, organizations, or competent authorities when necessary.

For quick advice, you may contact a lawyer at 0966.475.966.

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