Individual business registration service is of particular interest to many households when starting a small-scale, family-based business. To obtain a license to register a sole proprietorship, it is necessary to follow the correct procedures with complete and valid documents and records according to the provisions of the Enterprise Law. Coming to Viet My Law and Accounting, customers will be provided with a complete, reputable, and fast service of registering a sole proprietorship with the most reasonable registration fee.

1. Conditions to be met when registering to establish a sole proprietorship

According to Clause 1, Article 82, Decree 01/2021/ND-CP, the certificate of registration of a sole proprietorship is granted to a business household that meets the following conditions:

– Doing business in industries and occupations that are not prohibited from investment and business.

– The naming of a business household must comply with the provisions of Article 88 of this Decree:
+ The name of a business household consists of two components: The phrase “Business household” and the proper name of the business household. In which, the proper name of a business household uses letters in the Vietnamese alphabet, the letters F, J, Z, W and may be accompanied by numbers and symbols.
+ It is not allowed to use words or symbols that violate the historical, cultural traditions or customs of the nation.
+ When naming a business household, it is not allowed to use the words “enterprise” or “company” to name the business household.
+ The proper name of a business household must not be the same as the proper name of another business household that has registered to do business within the district level.
– The business household registration dossier must be valid.
– Pay all business household registration fees as prescribed.

2. What documents are included in the application for registration of a sole proprietorship?

A set of documents for registration of a sole proprietorship includes:

• Application for registration of a sole proprietorship attached to Circular 02/2019/TT-BKHĐT amended and supplemented;
• A notarized copy of the valid Citizen Identification Card/ID Card/Passport of the individual representing the applicant for registration of a sole proprietorship;
• A notarized copy of the minutes of the meeting of household members in the establishment of a sole proprietorship;
• A notarized copy of the practice certificate for some required professions;
• A notarized copy of the document confirming the legal capital from the competent authority for some required professions;
• A notarized paper of the lease agreement, loan, contract for lease, loan of business premises; Lease, loan agreement, lease contract, or borrowing of premises without notarization must be accompanied by a certificate of land use rights and housing attached to the lessor or borrower of the premises.

3. What are the steps for registering a sole proprietorship?

Procedures for registering a business household for an individual business are carried out according to the provisions of Article 87 of Decree 01/2021/ND-CP as follows:

Place for registering a business household: The district-level business registration agency where the business household is headquartered, specifically according to the provisions of Article 14 of Decree 01/2021/ND-CP, the district-level business registration agency is: The Department of Finance – Planning under the People’s Committee at the district level.

Step 1:

Upon receiving the dossier, the district-level business registration agency will issue a Receipt and issue a Business Household Registration Certificate to the business household within 03 working days from the date of receipt of all valid documents.

In case the dossier is invalid according to the provisions of law, within 03 working days from the date of receipt of the 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 reasons and requests for amendments and supplements to the dossier (if any).

Step 2:

If after 03 working days from the date of submission of the application for business household registration, the Certificate of Business Household Registration or the notice requesting amendments and supplements to the application for business household registration is not received or the business household founder or business household has the right to make a complaint or denunciation in accordance with the provisions of law on complaints and denunciations.

Step 3:

Periodically in the first working week of each month, the district-level business registration agency will send a list of business households registered in the previous month to the tax authority at the same level, the Business Registration Office and the specialized management agency at the provincial level.

4. How to pay the business registration fee properly?

Pursuant to Article 5k supplemented by Clause 2, Article 1 of Circular 02/2023/TT-BKHĐT to Article 5 of Circular 01/2021/TT-BKHĐT, the payment of business registration fees is as follows:

– The person submitting the business registration application shall pay the business registration fee at the time of submitting the business registration application.

The business registration fee can be paid directly at the business registration application receiving department at the district level or transferred to the account of the district-level business registration agency or using the online payment service on the National Public Service Portal.

The business registration fee will not be refunded to the business household in case the business household is not granted a business registration.

– The settlement of transaction errors arising during the use of online payment services on the National Public Service Portal is carried out in accordance with the provisions of law on handling administrative procedures in the electronic environment and the Regulations on management, operation and exploitation of the National Public Service Portal.

5. Things to note when registering a sole proprietorship

– Note on the subject of business household registration:

According to the provisions of Decree 01/2021/ND-CP, only individuals who are Vietnamese citizens aged 18 years or older and have full civil act capacity are allowed to register a sole proprietorship. Each individual is only allowed to register one sole proprietorship nationwide.

– Note on business location registration:

Each sole proprietorship is only allowed to register one sole proprietorship and must notify relevant state agencies.

– Notes on charter capital:

Currently, there are no regulations on the minimum or maximum capital required to register.

However, the household owner needs to consider the charter capital level to ensure business operation capacity and legal liability.

– Notes on the number of employees:

Currently, business households are not limited in the number of employees they are allowed to employ. This means that business households have the right to hire employees without being limited in number.

– Notes on business lines:

Business households need to register appropriate business lines that do not violate the law.

For conditional business investment lines, it is necessary to comply with the regulations and conditions prescribed by law.

6. Individual business registration service in Viet My

Compared to registering a business, registering as an individual household will be much simpler. However, to be able to successfully register, many business households are still facing certain difficulties. Therefore, if you are looking for a reputable individual business registration service provider, you can contact Viet My Law and Accounting immediately.

We will do the following:

• Clearly and detailed advice on the conditions and procedures for establishing an individual business household for customers.
• Completely draft documents for establishing an individual business household.
• Represent customers to carry out procedures for establishing an individual business household at competent state agencies.
• Follow up on documents, receive results and hand them over to customers.
• Support consulting during the operation of the business household.
• Support consulting on issues related to trademark registration, tax, and related licenses if requested by customers.

Above is the most accurate information about the individual business registration service that Viet My Law and Accounting would like to send to you. Hopefully, through this article, you have a clearer view of the basic information as well as know more about the conditions to be able to register for the individual business registration license service.