When terminating a business, is it required to return the Certificate of business registration?

Rights and obligations of business household owners?

According to Article 81 of Decree 01/2021/ND-CP regulating the rights and obligations of business household owners and household members participating in business household registration Business owners are specifically as follows:

– The business household owner shall carry out tax obligations, financial obligations and business activities of the business household in accordance with the provisions of law.

– The business household owner represents the business household as a requester to resolve civil matters, plaintiff, defendant, person with related rights and obligations before the Arbitrator, Court and other rights and obligations according to the provisions of law.

– The business household owner can hire others to manage and operate the business household’s business activities. In this case, the business household owner and household members participating in business household registration are still responsible for debts and other property obligations arising from business activities.

– The business household owner and household members participating in household business registration are responsible for the business activities of the business household.

– Other rights and obligations according to the provisions of law.

Maximum period of business suspension of business households?

Pursuant to Article 91 of Decree 01/2021/ND-CP stipulating the suspension of business and resumption of business before the announced deadline of business households as follows:

(1) In case of temporary business suspension for 30 days or more, the business household must notify the district business registration authority where the business was registered and the tax agency directly managing it.

(2) In case a business household temporarily suspends business and resumes business before the announced deadline, the business household shall send a written notice to the district business registration authority where the business household has registered at least 03 working days before suspending business or resuming business before the announced deadline. The notice must be accompanied by a copy of the meeting minutes of household members on registration of temporary business suspension or resumption of business before the notified deadline in case household members register for business. After receiving the notice, the district-level Business Registration Authority will issue a receipt to the business household. Within 03 working days from the date of receiving the valid dossier, the district business registration authority shall issue a confirmation of the business household’s registration to temporarily suspend business and a confirmation of the business household’s registration to resume business before the deadline notified to the business household.

Thus, according to the above regulations, the duration of business suspension will not be limited. If business suspension is for 30 days or more, the business household must notify the district business registration authority where the business is registered and the tax agency directly managing it.

When terminating a household business operation, is it required to return the Certificate of household business registration?
Pursuant to Article 92 of Decree 01/2021/ND-CP regulating the termination of operations of business households as follows:

(1) 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.

(2) 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.

Thus, according to the above regulations, when terminating operations, you must send a notice of termination of business household operations to the district business registration authority where you have registered, and at the same time must submit the original Certificate of household business registration.