Taking advantage of a commercial online registration service offers a number of benefits for those seeking to register their business household license. For instance, through using such a service, business owners can have greater flexibility in terms of scheduling their time to log registration information into the Household Business Registration System, which is integrated into the National Enterprise Registration System. This can save business owners significant amounts of time and also reduce costs associated with traditional registration methods.
Moreover, obtaining a household business license using an online registration service is relatively straightforward, if one has a grasp of the process and the necessary steps to take. With a little bit of guidance, business owners can easily navigate the online registration system, securing the license they need to start their venture. In light of these advantages, it is worth considering the use of a commercial online registration service for those seeking to register their business household.
Legal basis and some notes for this procedure for register
Legal basis
Circular 02/2023/TT-BKHĐT has brought about notable changes to the requirements for household business registration, as previously established in Circular No. 01/2021/TT-BKHĐT. Specifically, Clause 1 Article 5e outlines the conditions for registering a household business online, which applies to those seeking to establish or register such businesses under the guidelines outlined in Decree No. 01/2021/ND-CP. In particular, this decree establishes the framework for the household business registration system, which is integrated into the National Enterprise Registration System and can be accessed via the National Business Registration Portal. If you are looking to register your household business on the Household Business Registration System, the following guideline can be of great help.
Some notes for this procedure
Note that household businesses are not considered enterprises; they are only considered a business model. It is worth noting that household businesses operate under a unique legal framework that places certain restrictions on their operations. Firstly, unlike other business entities, household businesses are not granted a seal issued by a police authority. This lack of legal recognition can complicate various aspects of running a business, such as contract signing and legal compliance.
Moreover, the limitations imposed on household businesses extend to their operational scope. Specifically, the authorities prohibit business households from establishing branch or representative offices, which can make it difficult for them to expand or explore new markets. Additionally, if a business household experiences financial difficulties or declares bankruptcy, they are ineligible to use the Bankruptcy Law as a means of recourse. Given these restrictions, business households can find themselves in a precarious situation with limited resources to tackle any problems that may arise. Therefore, it is crucial that those who are thinking about running a household business grasp the details of this legal framework thoroughly. By doing so, they can ensure that they are well-equipped to navigate any challenges that come their way.
What are the conditions and procedures for registering an online business household certificate according to Vietnamese law?
How can household businesses register to receive certificates via electronic information network?
According to Clause c Article 5g in Circular 02/2023/TT-BKHĐT, which amends Circular 01/2021/TT-BKHĐT, household businesses can choose one of two ways to register:
a. For household businesses that choose to register through the website, there are additional requirements for document verification. Specifically, the documents must bear the digital signatures of the owners of the household business, indicating their approval and authentication. This step is crucial in ensuring the accuracy and authenticity of the documents submitted.
- Given that the digital signature is essentially a digital depiction of a traditional signature, it carries the same legal weight as an organization’s seal.
- Documents for household business registration via website shall be electronic documents (“.doc”, “.docx”, or “.pdf” format) instead of paper documents
b. Owners of household business can authorize persons to register for the household business.
Registering household business on the household business registration system
In Circular 02/2023/TT-BKHĐT, Article 5g has implemented changes to Circular No. 01/2021/TT-BKHDT, which provides guidance on household business registration on the household business registration system. To ensure compliance with Decree No. 01/2021/ND-CP, the electronic document submitted must be in .doc, .docx or .pdf format and meet the specified requirements. Additionally, if authorized persons are responsible for household business registration, the documents submitted via the website must include the required documents outlined in Article 12 of Decree No. 01/2021/ND-CP.
Authorization | The application for enterprise registration must include |
Individual | Although it is not mandatory to notarize or certify the letter of attorney to finalize enterprise registration, it is nonetheless advisable to do so. Furthermore, it is important to note that providing copies of the authorized individual’s legal documents is a prerequisite for the registration process to be completed successfully. |
Organization | 1. A copy of the service contract signed with the enterprise registration service provider. 2. A letter of introduction and legal documents of the person introduced to directly follow enterprise registration procedures 3. Copies of legal documents of the authorized individual. |
Public postal service provider | After submitting the application for enterprise registration through the postal service provider, it’s important to obtain a copy of the application receipt. This receipt should follow the form specified by the public postal service provider, and it must include signatures from both the postal worker and the person authorized to sign the enterprise registration application form. |
Postal service provider that does not provide public postal services | 1. Providing a copy of the service contract that has been signed by the enterprise registration service provider. 2. Submitting a letter of introduction and the legal documents of the individual who will be directly involved in the enterprise registration procedures. 3. Furnishing copies of the legal documents of the authorized individual. |
Steps to register a business household online
Step 1: First of all, the business sign in to your business household account on the National Business Registration Portal
Link: https://dichvuthongtin.dkkd.gov.vn/inf/default.aspx
Step 2: To complete the household business registration process, it is necessary to declare all the required information, then upload the corresponding electronic documents, attach a digital signature as specified by the regulations, and pay the registration fee.
Please note that if the relevant authorities reject the registration, the relevant authorities will not refund the household business registration fee.
Step 3: Additionally, once the district-level business registration authority receive a valid application for household business registration, they should provide a confirmation slip. It is important to note that the certificate of household business registration should also be issued within 03 working days.
Step 4: Receive applications and return results
Currently, the authorities require household businesses to submit paper documents. Additionally, business households can obtain their certificate of household business registration in two ways. They can either acquire it directly from the district-level business registration authority or they can pay a fee to have it mailed to them.
With a team of experts and staff of HMLF try to provide optimal solutions to bring customers satisfaction when experiencing legal services.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: 0937215585
Website: hmlf.vn Email: miller@hmlf.vn