Can stateless people establish businesses?
Can stateless people establish businesses?
Depending on the type of business to consider who is not nationality. Can I establish a business? Specifically:
*Establishing a business household
BaseClause 1, Article 80, Decree No. 01/2021/ND-CP, the person with the right to establish a business household is an individual, household members are Vietnamese citizens with full civil act capacity except the following subjects:
- Minors who have limited or lost civil act capacity or have difficulties in cognition and behavior control.
- People who are being prosecuted for criminal liability, detained, serving prison sentences or administrative measures at compulsory detoxification facilities, compulsory education or are banned from holding positions or practicing profession... of the Court.
- Other cases.
According to this regulation, only Vietnamese citizens who meet the above conditions are entitled to establish business households. Meanwhile, a stateless person is a person who has neither Vietnamese nor foreign nationality (based on Clause 2, Article 3 of the Law on Nationality).
Therefore, stateless people are not eligible to establish households.
*Establishing another enterprise
Regarding the right to establish a business in Vietnam,Article 17 of the 2020 Law on Enterprise clearly state that, except for the following cases, they will not have the right to establish and manage businesses in Vietnam:
- State agencies and units of the people's armed forces use state assets to make private profits for the enterprise when establishing an enterprise.
- Officials and civil servants.
- People working in the military or police, except those appointed as authorized representatives to manage State capital contributions at enterprises or manage State enterprises.
- Leading and professional managers in State-owned enterprises, except those authorized to manage the State's capital contribution in other enterprises.
- Minors, with limited or lost capacity for civil acts, with difficulties in cognition and behavior control, and organizations without legal status.
- People who are being prosecuted for criminal liability, detained, serving prison sentences, are being administratively punished at compulsory drug treatment facilities, compulsory education establishments or are banned from holding positions or practicing professions...
- Organizations banned from doing business or operating in certain fields...
Thus, it can be seen that the law does not prohibit people without nationality from establishing businesses, but for each different type of business, there will be different instructions on procedures for establishing a business.