[LEGAL ARTICLE]
Currently, there are many families or individuals who are heading to small and retail businesses under the model of individual business households. Accordingly, this business model does not need a lot of capital, nor does it need to register a business, the procedure is simpler than that of registering a business, so it is preferred by families or individuals. However, to be able to start this business form in the most favorable way, you need to understand the provisions of the law as well as the notes when starting a business. This article will help you better understand the current provisions of law and issues related to individual business households.
1. Conditions:
– The founder of an individual business household:
+ Individuals who are Vietnamese citizens who are full 18 years old and have full civil act capacity;
+ Households with legal household registration in Vietnam appoint the head of household to be the head of business household registration.
– Name of individual business household:
A business household name consists of the following two elements:
+ Personal name of the business household (Proper name is written with letters of the Vietnamese alphabet, the letters F, J, Z, W, may be accompanied by numbers and symbols)
+ Type of "Household business".
Note when naming Business Household:
+ Business households are not allowed to use the phrases "company", "enterprise" to name the business household.
+ Do not use words or symbols that violate the historical, cultural, ethical and fine traditions of the nation to name a business household.
+ The proper name of a business household must not coincide with the proper name of a registered business household within the district.
– Industry Individual household business
+ When registering the establishment of a business household: the business household must write the business line on the application for business household registration.
+ Business households are entitled to conduct conditional business lines from the time they fully meet the conditions prescribed by law and must ensure that they are satisfied throughout the course of operation.
+ In case the business registration office of the district receives a document from a competent authority that the business household conducts business in a conditional business line, but does not fully satisfy the conditions as prescribed by law; According to the law, the district-level business registration agency shall issue a notice requesting the business household to suspend its business in conditional investment and business lines, and at the same time notify the competent state agency for handling according to regulations. provisions of the law.
2. Application for registration:
– Application for business household registration;
– Legal documents of the individual, for the head of the household business, the household member registering the business household in case the household members register the business household;
– A copy of the minutes of the meeting of household members on the establishment of the business household in case members of the household register as a business household;
– A copy of the household member's authorization letter for one member to be the owner of the business household, in case the household members register as a household business.
3. Procedures for setting up an individual business household:
– Step 1: Submit the application at the business registration office of the district where the business household is located and receive a receipt
– Step 2: Within 3 days from the date of receiving the application
+ Valid application: The business registration authority of the district shall issue a certificate of business household registration
+ Invalid dossier: The district-level business registration agency must notify in writing the applicant or the person establishing the business household. The notice must clearly state the reason and the request to amend and supplement the dossier (if any).
If, after 03 working days from the date of submission of the business household registration application, the certificate of business household registration is not received or the notice of request for amendment and supplementation of the business household registration dossier is not received, the the founder of a business household or a business household has the right to make complaints and denunciations in accordance with the law on complaints and denunciations.
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