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Update on Regulations for Household Business

Last activity 24 June 2021 by Ilegitimis Non Carborere

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Ciambella

Household business (or small business in American term) is the most popular way for Vietnamese citizens to establish a business due to the simple registration, procedures, and presumptive tax that are suitable for small establishments.  Household business owners can only register one business in one district-level municipality (not to be confused with district), employ less than ten employees, and must be responsible for all of its assets and obligations.

Previously, the law allowed three types of entities to establish household business: individual, group of individuals, or members of the same household. 

These regulations have now been replaced by Decree 01/2021 / ND-CP. Specifically, Article 79 stated that household business can only be registered by an individual or members of the same household.  Group of individuals are no longer allowed to establish household business together.

Since an expat cannot own a business in his name due to the nationality requirement, he usually has the business registered:

1- in his wife/girlfriend's name
2- in his wife/girlfriend and her relatives' names
3- in the names of a couple trusted Vietnamese friends

Under the new law, the third method is no longer possible.  The second one is possible only if the wife/girlfriend and her relatives are members of the same family book.

Yoda0807

Thanks ciambella!
Do you happen to have the link to the Vietnamese version for this new decree?

Ciambella

This is the official source.  You'll need to download (Tải về) to read. If you don't want to download, the complete version is published in the Law Library. 

The easiest way would be to follow this comparison chart between the old law and the new law.

Note that the maximum number of employees is not mentioned in the new law, so lawyers are interpreting it to mean that 10 is no longer the limit.

Have fun reading!  :)

Ilegitimis Non Carborere

Ciambella wrote:

This is the official source.  You'll need to download (T?i v?) to read. If you don't want to download, the complete version is published in the Law Library. 

The easiest way would be to follow this comparison chart between the old law and the new law.

Note that the maximum number of employees is not mentioned in the new law, so lawyers are interpreting it to mean that 10 is no longer the limit.

Have fun reading!  :)


TY Ciambella. btw, do you think they just forgot to incl no of employees? but i was trying to find related thread where you posted about household business tax in discussion about 'wet markets'. despite searching for different words, i can't find it. the rates somewhat amazed me - eg >d100mill = 300k!

ckitano

Im confused, I own a business in my name and I am a foreigner.

I do understand the other information regarding the changes to household business, but some people reading this may think a foreign person cant open and own a business here and many of us do.

Guest2023

ckitano wrote:

Im confused, I own a business in my name and I am a foreigner.

I do understand the other information regarding the changes to household business, but some people reading this may think a foreign person cant open and own a business here and many of us do.


Is it totally in your name, or is there a VN director listed on the license.

Ilegitimis Non Carborere

colinoscapee wrote:
ckitano wrote:

Im confused, I own a business in my name and I am a foreigner.

I do understand the other information regarding the changes to household business, but some people reading this may think a foreign person cant open and own a business here and many of us do.


Is it totally in your name, or is there a VN director listed on the license.


in your OWN name? or maybe is a your one-person LLC?

Ciambella

Ilegitimis Non Carborere wrote:

TY Ciambella. btw, do you think they just forgot to incl no of employees? but i was trying to find related thread where you posted about household business tax in discussion about 'wet markets'. despite searching for different words, i can't find it. the rates somewhat amazed me - eg >d100mill = 300k!


Sorry, I have a feeling I wasn't very clear on that post, so let's me clarify on the numbers:

Businesses that bring in less than 100M do not need to show receipts thus do not pay value tax (GTGT) or income tax (TNCN), only the very small license tax as in the post. 

Businesses that bring in more than 100M are required to show receipts of income (receipts = tax).  Retails pay 1% of income for GTGT and 0.5% for TNCN; rental and personal service pay 5% for GTGT and 2% for TNCN; restaurants pay 3% for GTGT and 1.5% for TNCN.  License tax is the same numbers as in the post.

(At the moment, I can't seem to find old posts to give a link.)

Ilegitimis Non Carborere

Ciambella wrote:
Ilegitimis Non Carborere wrote:

TY Ciambella. btw, do you think they just forgot to incl no of employees? but i was trying to find related thread where you posted about household business tax in discussion about 'wet markets'. despite searching for different words, i can't find it. the rates somewhat amazed me - eg >d100mill = 300k!


Sorry, I have a feeling I wasn't very clear on that post, so let's me clarify on the numbers:

Businesses that bring in less than 100M do not need to show receipts thus do not pay value tax (GTGT) or income tax (TNCN), only the very small license tax as in the post. 

Businesses that bring in more than 100M are required to show receipts of income (receipts = tax).  Retails pay 1% of income for GTGT and 0.5% for TNCN; rental and personal service pay 5% for GTGT and 2% for TNCN; restaurants pay 3% for GTGT and 1.5% for TNCN.  License tax is the same numbers as in the post.

(At the moment, I can't seem to find old posts to give a link.)


ty. hmmm.

1. with or w/o the 10 employees, these are all classed as 'household businesses' because (?) they are in name of (Vn) individual and/or people in Family Book?

2. so what are you if you are NOT a 'household business'? ie what are alternatives (apart from LLC etc)?

3. so all these 'household businesses', do they just rock up to the local Govt office and register some name as a 'household business? or some other process?

4. PS although 'household business' < d100m, still needs some business registration?

many thanks for interesting and useful clarifications

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