In Decree 168/2025 on business registration, the Government clearly states regulations on business households and business household registration. This Decree takes effect from July.
Registering a business household at the commune level agency
Previously, the place to register a business household was specified in Clause 1, Article 87 of Decree 01/2021. Business household registration was carried out at the district-level business registration office where the business household's headquarters was located.
However, Decree 168/2025 clearly states that the business registration certificate is a paper or electronic document issued by the commune-level business registration authority to the business household, recording the business registration information registered by the business founder or business household. The business registration certificate is also the tax registration certificate of the business household.
Thus, from July 1, business household registration will be carried out at the commune-level agency instead of the district-level.
In addition, a business household registration certificate is issued to a business household. A business household is granted a business household registration certificate when it meets all the following conditions: the business line is not prohibited from investment and business; the business household name is established in accordance with regulations; the business household registration dossier is valid; and the fees are paid in accordance with the law on fees and charges.
The certificate of business registration is issued based on information in the business registration dossier declared and self-responsible by the business founder or business household.
Farmers and street vendors do not have to register their business households.
According to the Decree, households engaged in agricultural, forestry, fishery, salt production, and street vendors, snack vendors, itinerant traders, seasonal traders, and low-income service providers do not have to register their business households, except in cases of conditional investment and business sectors and occupations. The People's Committees of provinces and centrally run cities shall prescribe the applicable low-income level within the locality.
In case of need to establish a business household, these subjects shall register the business household according to the provisions of this Decree.
Right to establish a business household
The Decree stipulates that a business household is registered by an individual or family member and must be responsible with all of their assets for the household's business activities.
In case a business household is registered by family members, the members must have a written authorization for a representative during the business operation. This authorization must be notarized or authenticated according to regulations.
Individuals and household members who are Vietnamese citizens with full civil act capacity as prescribed by the Civil Code have the right to establish a business household as prescribed.
Some cases that are exempted are people who are being prosecuted for criminal liability, are being detained, are serving a prison sentence, are being subject to administrative measures at a compulsory drug rehabilitation facility, a compulsory education facility, or are being banned by the court from holding a position, practicing a profession, or doing certain jobs...
Cases where the commune-level business registration authority refuses to grant business household registration
The commune-level business registration authority refused to grant a business household registration.
Specifically, the business household has been notified by the commune-level business registration authority of a violation of the business household that requires the revocation of the business household registration certificate or has been issued a decision to revoke the business household registration certificate.
A business household that is in the legal status of "Not operating at the registered address" will also be rejected by the registration authority.
The business registration authority shall continue to process the business registration procedures for the above-mentioned business households when the business households have taken measures to remedy the violations as required in the notice of violations in the case of revocation of the business household registration certificate and have been accepted by the business registration authority or have had their legal status restored after the decision to revoke the business household registration certificate has been issued.
A business household must register changes to its business registration information to terminate its business activities according to regulations. In this case, the registration file for changes must be accompanied by a written explanation from the business household about the reason for the change registration and must be accepted by the commune-level business registration authority.
In addition, business households that are no longer in the legal status of "Not operating at the registered address" are also rejected by the registration authority.
Source: https://dantri.com.vn/kinh-doanh/thong-tin-moi-nhat-ve-cach-thuc-dang-ky-thanh-lap-ho-kinh-doanh-20250705161240436.htm
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