Coffee shop owner faces jail for late business registration

While waiting for the authorities to issue a business certificate, Mr. Tan was repeatedly fined by the police before being prosecuted.

The People's Court of Binh Chanh District, Ho Chi Minh City, has just issued a decision to try Mr. Nguyen Van Tan (50 years old, residing in Binh Tan District) on April 28 for the crime of Illegal Business. The indictment stated that Mr. Tan was administratively punished for the act of trading, coffee, soft drinks, and office lunch and breakfast without being granted a business certificate but continued to violate.

Mr. Tan - owner of a spacious coffee shop 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 Binh Chanh District Police, selling soft drinks and breakfast food. Mr. Tan applied for a business registration certificate and was scheduled to receive the license on August 19, 2015.

Five days before the license was issued, Mr. Tan's restaurant was inspected by two officers from Binh Chanh District Police, who made a record of the business operation without a business registration certificate. Mr. Tan presented the registration appointment and documents related to the origin of the food but was not approved.

On August 17, 2015, Binh Chanh District Police issued a record of Mr. Tan's violations of 5 acts: Business activities without a business registration certificate, without a certificate of facility meeting food hygiene and safety conditions as prescribed... with a fine of 17 million VND.

The owner then paid the fine before being granted a business registration certificate for the business of selling food, coffee, soft drinks, etc.

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

On September 10, 2015, Binh Chanh District Police continued to inspect his restaurant and made a record of administrative violations for the following violations: using a processing area with harmful insects, using well water to process food, doing business without a food safety and hygiene certificate...

Half a month later, the District Police issued a decision to prosecute Mr. Tan for illegal business and was approved by the same level People's Procuracy.

During the investigation, Mr. Tan claimed that he had not committed any crime. The Economic Department of the Binh Chanh District People's Committee sent a document to the district investigation agency confirming that Mr. Tan's business household operated in accordance with the registered business line and "was not subject to the revocation of the business registration certificate at the request of the district police".

The investigation conclusion signed by the Chief of Binh Chanh District Police stated: "The defendant Tan admitted all his criminal acts... With the evidence collected, the Binh Chanh District Police Investigation Agency found that there was sufficient basis to conclude that the defendant Nguyen Van Tan committed a crime." This was the basis for the Binh Chanh District People's Procuracy to issue an indictment.

According to some lawmakers, the investigation agencies of Binh Chanh district prosecuted Mr. Tan inappropriately. Because according to regulations, to constitute the crime of Illegal Business, the condition must be met: "the offender has been administratively punished for illegal business and re-offends". Meanwhile, Mr. Tan was administratively punished for not registering his business only once. After being fined, the owner of the restaurant registered his business and was granted a Business Registration Certificate.

According to VNE