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Does a small-scale business not need to be registered? Do I need to register a business license to open a small store? Is there a penalty for not registering a business?
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Business entities and scales are not required to register their business
According to the provisions of Decree 39/2007/ND-CP, regular independent commercial activities do not require business registration:
An individual engaged in commercial activities is an individual who daily carries out one, several or all of the activities permitted by law in terms of buying and selling goods, providing services and activities for the purpose of other profits but are not subject to business registration according to the provisions of law on business registration and are not called "traders" according to the provisions of the Commercial Law. Specifically, this includes individuals performing the following commercial activities:
- Street trading (street trading) is buying and selling activities without a fixed location (street buying, peddling or both street buying and peddling), including receiving books, newspapers and magazines , cultural products of traders who are allowed to trade these products according to the provisions of law for peddling;
- Small trading is the activity of buying and selling small items with or without a fixed location;
- Selling snacks is the activity of selling gifts, cakes, food, and drinks (drinks) with or without a fixed location;
- Trading is the activity of buying goods from other places in each trip to sell to wholesale buyers or retailers;
- Performing services: shoe shining, lottery ticket sales, locksmithing, car repair, car parking, car washing, hair cutting, painting, photography and other services with or without a location fixed;
- Regular, independent commercial activities do not require other business registration.
- Mobile business is commercial activities that do not have a fixed location.
Based on the above regulations, if any individual operates business according to the above content and form, he or she does not have to carry out business registration procedures according to regulations. but still required to register for tax and pay tax according to tax laws.
HOW MUCH PENALTY FOR UNREGISTERED BUSINESS ACTIVITIES:
In addition to business activities according to the content and form mentioned above, business registration is required according to the law. Any entity or individual who does not register their business will be prosecuted by competent authorities. fined according to the law:
Article 41. Violations of regulations on business registration of business households(Decree 50/2016/ND-CP Regulations on penalties for violations administration in the field of planning and investment)
1. Fine from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Registering more than one business household;
b) Failure to report business status as required by the district business registration agency;
c) Regularly employ 10 or more workers;
d) Business households that deal in flights or mobile businesses that do business outside the location registered with the district business registration agency but do not notify the tax agency or market management agency of the place of registration. Register the headquarters and place of business activities;
dd) Establishment of business households by people who do not have the right to establish;
e) Do not register to establish a business household in cases where registration is required according to regulations.
Service reference: >>> Business registration/household business registration service
Consultation hotline: 0935289747 – Mr. Tran Huu Toan
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