HÃNG LUẬT DHP

Conditional business investment industry means an industry in which the performance of business investment activities in such industry or trade must satisfy necessary conditions for reasons of national defense, security, public order, social safety, social ethics, community health.

The list of conditional business lines and industries is specified in Appendix IV of the Law on Investment in 2020:

LIST OF INDUSTRY AND CAREER BUSINESS INVESTMENT YES CONDITION

In order to conduct business in the conditional business lines listed in Appendix IV of the above-mentioned Investment Law 2020, in addition to the Certificate of Business Registration as a “passport” for business activities, the enterprise must also have a “sub-license” to conduct business activities in a conditional business line that is legal. According to the provisions of Clause 6, Article 7 of the Law on Investment in 2020, business investment conditions are applied in the following forms:

1. a) License;
2. b) Certificate: For example: Certificate of eligibility for food safety for food production and trading establishments, etc.
3. c) Certificates: For example, an enterprise providing real estate brokerage services must have at least 02 people with real estate brokerage practice certificates, etc.
4. d) Written confirmation or approval;
5. dd) Other requirements that economic individuals and organizations must meet in order to conduct business investment activities without having to be certified in writing by a competent authority.

HOW IS CONDITIONAL BUSINESS BUSINESS WITHOUT REGISTRATION PENALTY?

Doing business in conditional business lines such as without registration is an act of violation of business activities under the business license specified in Article 6 of Decree 98/2020/ND-CP, the sanction level is as follows:

“3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following violations:

1. a) Trading in goods and services in conditional business lines without a business license as prescribed;
2. b) Trading in goods and services in conditional business lines when the granted business license has expired;
3. c) Trading in goods and services in conditional business lines but failing to satisfy business investment conditions as prescribed in the course of business activities;
4. d) Using another trader’s business license to do business.
5. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for continuing to operate a business while the competent state management agency has suspended its operation, deprived of the right to use or revoked the license. business license.

5.A fine twice the fine level specified in Clauses 1 to 4 of this Article shall be imposed on subjects engaged in industrial alcohol production; processing, trading in tobacco ingredients; manufacture of tobacco products; business, distribution, wholesale of alcohol or tobacco products committed administrative violations.

6.Additional sanction:

1. a) Confiscate exhibits of violations specified at Point a, Clause 1 of this Article;
2. b) Deprive the right to use the business license from 01 month to 03 months, for violations specified at Point b, Clause 1, Clause 2 and Point c, Clause 3 of this Article in case of repeated violations or recidivism.
3. Remedial measures:

Forcible return of illegal profits obtained from committing violations specified at Point b, Clause 1, Clauses 2, 3 and 4 of this Article.”

Conditional business lines are prescribed by law in order to satisfy necessary conditions for reasons of national defense and security, social order and safety, social ethics, and community health. Therefore, individuals and businesses wishing to do business in these industries and professions must pay close attention and fully comply with the provisions of the law to avoid unnecessary risks.