How will the registration of enterprises and household businesses in Ho Chi Minh City in 2026 be conducted according to Plan 78/KH-UBND? Let’s find out more with Pham Consult!

How will the registration of enterprises and household businesses in Ho Chi Minh City in 2026 be conducted according to Plan 78/KH-UBND?

On March 6, 2026, the People’s Committee of Ho Chi Minh City issued Plan 78/KH-UBND on the inspection and supervision of compliance with legal regulations on the registration of enterprises, household businesses, cooperatives, and cooperative unions in Ho Chi Minh City in 2026. Accordingly, the content of the inspection of business and household business registration in Ho Chi Minh City in 2026 is as follows:

Inspection and Supervision Content

– The provincial-level business registration agency will inspect and supervise businesses based on the content in their business registration dossiers, focusing on the declaration and contribution of charter capital; and non-operation at the registered address.

– The commune-level business registration agency will inspect and supervise household businesses, cooperatives, and cooperative unions based on the content in their registration dossiers, focusing on non-operation at the registered address. They will also inspect and supervise the operations of businesses and their subsidiaries within the commune in accordance with the law.

– If any violations of the law on business, household business, cooperative, and cooperative union registration are detected during the inspection and supervision, appropriate legal action will be taken.

Inspection Period and Location

– The inspection period shall not exceed 10 days. In complex cases or areas with difficult access, it may be extended once for no more than 5 days.

– The inspection period is calculated from the date the inspection decision is announced. Extensions of the inspection period are decided by the person issuing the inspection decision.

– The inspection location is at the headquarters or workplace of the enterprise, household business, cooperative, or cooperative union subject to inspection, the headquarters of the agency or unit conducting the inspection, or at the location where the inspection or verification is conducted according to the inspection plan.

– The number of inspections at enterprises, household businesses, cooperatives, cooperative unions, or individual businesses (if any), including inter-agency inspections, shall not exceed one inspection per year, except in cases of clear signs of violations.

*The above information concerns the “inspection of business and household business registration in Ho Chi Minh City in 2026 according to Plan 78/KH-UBND”.

What are the purposes and requirements of the plan to inspect business and household business registration in Ho Chi Minh City in 2026?

The purposes and requirements of the plan to inspect business and household business registration in Ho Chi Minh City in 2026, according to Part I of Plan 78/KH-UBND, are as follows:

– Compliance with legal regulations in the field of business registration, as stipulated in Articles 4 and 5 of Resolution 198/2025/QH15 on some special mechanisms and policies for the development of the private economy, and other relevant legal regulations.

– Ensuring the correct functions, tasks, powers, procedures, and processes.

– Avoid overlapping or duplicating specialized inspection and supervision activities of other competent specialized inspection agencies, and do not hinder the normal operation of the inspected entity.

– Prioritize online and remote inspection and supervision based on electronic data.

– Exempt from on-site inspection for businesses, household businesses, cooperatives, and cooperative unions that comply well with legal regulations, such as: No basis or documents showing that the business, cooperative union, cooperative, or household business shows signs of violating business registration or business operations.

– Unannounced inspections are conducted when businesses, cooperative unions, cooperatives, or household businesses are found to have signs of violating the law; at the request of resolving complaints, denunciations, feedback, or suggestions; for anti-corruption purposes; or at the urgent need to serve state management work.

– In cases where necessary, a specialized inspection team shall be established to carry out inspection and supervision tasks as per the decision of the competent authority. The specialized inspection team shall consist of a team leader, a deputy team leader (if any), and members.

– The team leader and members of the specialized inspection team must be knowledgeable in law, possess the capacity and expertise appropriate to the content of the specialized inspection; not be under disciplinary or criminal investigation; and not be in a conflict of interest with the inspected entity as stipulated.

Which agency is responsible for the validity of business registration documents?

Based on Article 4 of Decree 168/2025/ND-CP, the principles for applying and resolving business registration procedures are as follows:

Principles for applying and resolving business registration procedures

  1. The business founder or the business itself declares the business registration documents and is responsible before the law for the legality, truthfulness, and accuracy of the information declared in the business registration documents and reports.
  2. In the case of limited liability companies and joint-stock companies with more than one legal representative, the legal representative carrying out the business registration procedure must ensure and be responsible for the correct exercise of their rights and obligations as stipulated in Clause 2, Article 12 of the Enterprise Law.
  3. The business registration authority is responsible for the validity of the business registration application, but is not responsible for any legal violations by the business or its founders.
  4. The business registration authority does not resolve disputes between members or shareholders of the company, or with other organizations or individuals, or between the business and other organizations or individuals.
  5. Businesses are not required to affix a seal to the business registration application, meeting minutes, resolutions, or decisions in the business registration application. The affixing of seals to other documents in the business registration application is carried out according to relevant legal regulations.
  6. Businesses can simultaneously carry out the procedures for registering changes to business registration details, notifying changes to business registration details, notifying updates or additions to business registration information, and correcting business registration information in a single application.

 

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