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Revocation Of The Certificate Of Business Household Registration In Vietnam

Enterprise 14/08/2023

The household business license can be considered as one of the popular business licenses in recent years. So in what cases will the business household registration certificate be revoked? Apolo Lawyers Law Firm will clarify this issue in the article below. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

Revocation Of The Certificate Of Business Household Registration In Vietnam

The household business license can be considered as one of the popular business licenses in recent years. So in what cases will the business household registration certificate be revoked? Apolo Lawyers Law Firm will clarify this issue in the article below. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support

1. What are the cases in which the Business Registration Certificate is revoked?

1.1 Revocation of business registration certificate

The enterprise registration certificate shall be revoked in the following cases:

  • The information declared in the enterprise registration dossier is forged;
  • Enterprises run by persons banned from setting up businesses according to the provisions of Clause 2, Article 17 of the Enterprise Law 2020;
  • The enterprise ceases its business operation for 1 year without notifying the business registration agency and tax agency;
  • The enterprise fails to send the report as prescribed at Point c, Clause 1, Article 216 of the Law on Enterprises 2020 to the business registration agency within 06 months from the deadline for submitting the report or has a written request;
  • In other cases according to decision or the request of the competent agency as prescribed by law.

Revocation - of - the - certificate - of - business - household - registration - in - Vietnam - 01Revocation Of The Certificate Of Business Household Registration In Vietnam

1.2. Withdrawal of business household registration certificate

Pursuant to the provisions of Clause 1, Article 93 of Decree No. 01/2021/ND-CP, specifically as follows:

The business household registration certificate of a business shall be revoked in the following cases:

  • The information declared in the business household registration dossier is forged;
  • Stopping business activities for more than 06 consecutive months without notifying the business registration office of the district where it is registered and the tax office;
  • Trading in prohibited lines and trades;
  • Business households are established by persons who are not authorized to establish business households;
  • The business household fails to send a report as prescribed in Clause 6, Article 16 of this Decree to the district-level business registration office within 03 months from the deadline for submitting the report or makes a written request;
  • In other cases according to decision or the request of the competent agency as prescribed by law.

If the business registration certificate is revoked by a state agency, the enterprise or business household must officially terminate its operation from the date recorded in the decision.

2. What are the penalties for business households that continue to operate without a business registration certificate?

2.1. For Businesses

According to the provisions of Point b, Clause 4, Article 46 of Decree No. 122/2021/ND-CP, a fine of between VND 50 and 100 million shall be imposed for the act of continuing to do business when the enterprise registration certificate has been revoked or the enterprise registration certificate has been revoked. competent state agencies to request business suspension, operation suspension or business termination.

In case there is a violation of the tax law, it will be handled according to regulations on sanctioning of administrative violations in the tax field.

2.2. For business households

According to the provisions of Article 62 of Decree No. 122/2021/ND-CP, a fine of between 10 and 20 million dong is imposed upon dishonestly or inaccurately declaring the business household registration dossier or the application for registration of changes in contents business household registration.

In case there is a violation of the tax law, it shall be handled according to regulations on sanctioning of administrative violations in the tax field;

3. Restoring the legal status of the business after the enterprise registration certificate is revoked

According to the provisions of Article 76 of Decree 01/2021/ND-CP, the specific provisions are as follows:

  • The Business Registration Office determines that the enterprise is not subject to revocation of the Certificate of Business Registration;
  • The Business Registration Office receives a document from the tax administration agency requesting the restoration of the legal status of the enterprise after the enterprise registration certificate is revoked due to coercive tax arrears in case the enterprise has not yet had the enterprise registration certificate. transferred to a dissolved legal status in the National Database of Business Registration.
  • When a business household wants to restore its business registration certificate, it must have a copy of the tax administration agency requesting the cancellation of the decision on withdrawal due to coercive tax arrears.

Revocation - of - the - certificate - of - business - household - registration - in - Vietnam - 02Revocation Of The Certificate Of Business Household Registration In Vietnam

The revocation of a business registration certificate is a serious matter that can have far-reaching consequences. Businesses should prioritize compliance, transparency, and legal adherence to avoid any risk of certificate revocation. Taking the necessary precautions and seeking professional guidance can help safeguard legal standing and reputation in the market, ensuring its sustainable growth and success. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479.

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