Coffee shop owner faces jail time for failing to register business on time.

While awaiting a business license from the authorities, Mr. Tan was repeatedly fined by the police before being prosecuted.

The People's Court of Binh Chanh District, Ho Chi Minh City, recently issued a decision to try Mr. Nguyen Van Tan (50 years old, residing in Binh Tan District) on April 28th for the crime of illegal business operations. The indictment alleges that Mr. Tan was previously fined for engaging in the business of selling coffee, soft drinks, and providing breakfast and lunch to office workers without a business license, but continued to violate the regulations.

Mr. Tan is the owner of a spacious coffee shop located opposite the Binh Chanh District Police headquarters.

Speaking to VnExpress, Mr. Tan said that on August 8, 2015, he opened a coffee shop opposite the new headquarters of the Binh Chanh District Police, selling soft drinks and breakfast food. Mr. Tan had applied for a business registration certificate and was scheduled to receive it on August 19, 2015.

Five days before receiving his business license, Mr. Tan's restaurant was inspected by two police officers from Binh Chanh District, who issued a citation for operating without a business registration certificate. Mr. Tan presented a receipt for the registration and documents related to the origin of the food, but these were not accepted.

On August 17, 2015, the Binh Chanh District Police recorded five violations committed by Mr. Tan: operating a business without a business registration certificate, lacking a certificate of food safety and hygiene compliance as required by regulations, etc., with a fine of 17 million VND.

The owner then paid the fine before receiving the business registration certificate for the food, coffee, and beverage sales industry.

"We had the license, but we stopped selling breakfast and rice dishes, only serving drinks so that our staff could attend food safety and hygiene training. Three days later, I and my staff resumed working at the restaurant after receiving the certificate confirming this," Mr. Tan said, adding that by early September 2015 he had completed the application for a food safety and hygiene certificate. The receiving department of the Binh Chanh District People's Committee promised to provide the results at the end of the month.

On September 10, 2015, the Binh Chanh District Police continued to inspect his restaurant, issuing an administrative violation report for the following offenses: using a processing area infested with harmful insects, using well water for food preparation, and operating without a food safety and hygiene certificate…

Half a month later, the district police issued a decision to prosecute Mr. Tan for illegal business activities, which was approved by the district prosecutor's office.

During the investigation, Mr. Tan maintained his innocence. The Economic Department of the Binh Chanh District People's Committee sent a document to the district's investigating agency affirming that Mr. Tan's business was operating in accordance with its registered business activities and "did not fall under the category requiring the revocation of the business registration certificate as requested by the district police."

The investigation report signed by the Chief of Police of Binh Chanh District stated: "The suspect Tan has admitted to all criminal acts... With the evidence collected, the Criminal Investigation Department of Binh Chanh District Police finds sufficient grounds to conclude that the suspect Nguyen Van Tan committed the crime." This served as the basis for the Binh Chanh District Procuracy to issue the indictment.

According to some legal experts, the Bình Chánh district investigative agencies' decision to prosecute Mr. Tấn was unjustified. According to regulations, to constitute the crime of illegal business operations, the condition of "the offender having been previously fined for illegal business operations and committing the offense again" must be met. Mr. Tấn, however, was only fined once for failing to register his business. After that fine, the owner registered his business and was issued a business registration certificate.

According to VNE