Lưu trữ Vietnam

25/04/202209/09/2022

Procedures for divorce with foreign elements in Vietnam

RECOGNITION OF FOREIGN MARRIAGE in vietnam - htlaw

1. Divorce cases involving foreign elements in Vietnam

- Vietnamese citizens with foreigners
- Foreigners with foreigners permanently residing in Vietnam

2. Competence to settle

- Provincial People’s Court
- District-level People’s Courts to handle divorce cases involving Vietnamese citizens residing in border areas with citizens of neighboring countries residing in border areas with Vietnam.

3. Order and procedures for implementation

Step 1: Submit application for divorce at the competent People’s Court;

Step 2: Within 7-15 days, the Court will check the file, if the file is complete and valid, the Court will send a notice of advance payment.

Step 3: Within 07 days from the date of receiving the Court’s notice of payment of the court cost advance, the plaintiff must pay the court cost advance and submit to the Court a receipt for the collection of the court fee advance. fee.

Step 4: The judge accepts the case

Step 5: The court conducts conciliation so that the involved parties can reach agreement on the settlement of the case. If conciliation fails, the case will be brought to first instance trial.

4. Profile composition

1. Petition/complaint application
2. Marriage registration certificate
3. ID card and household registration
4. Birth certificates of children (if applicable)
5. Other documents and evidence evidencing common property such as Certificates of land use rights (red book); Vehicle registration; Savings…

5. Settlement time

- Preparation for trial: up to 04 months. In case the case is a complicated nature or there are objective obstacles, the extension may be extended for no more than 2 months.
- Opening the court session: 01 month from the date of issuing the decision to bring the case to trial. If there is a legitimate reason, this time limit is 02 months.

6. Court fees

Pursuant to the list of court fees and charges, promulgated together with Resolution 326/2016/UBNDVQH14, stipulating the level of advance payment of court fees for divorce cases as follows:

Divorce has no value	300.000 VND
Divorce has value
From 6.000.000 VND or less	300.000 VND
From over 400.000.000 VND to 800.000.000 VND	20.000.000 VND + 4% of the part of the disputed property value exceeding 400.000.000 VND
From over 400.000.000 VND to 800.000.000 VND	36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND
From over 800.000.000 VND to 2.000.000.000 VND	36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND
From over 2.000.000.000 VND to 4.000.000.000 VND	72.000.000 VND + 2% of the part of the disputed property value exceeding 2.000.000.000 VND

In there:

- Divorce has no value is a case in which the claim of the parties is not an amount or the value cannot be determined in a specific amount.
- Divorce has value is a case in which the claim of the involved parties is an amount of money or property that can be determined in a specific amount.

In order to save time to learn the procedures, fill out the form, notarize, wait for the application to be submitted, you can contact HT for advice and support for Divorce with foreign elements the service.

Contact us

- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.

08/04/202119/07/2022

FORMS OF INVESTMENT BY THE VIETNAM REGULATIONS

To have a suscessful investment project, Investors are first required to pick suitable investing form together with meeting the most fundamental conditions. We at HT Legal hereby provide those who are wishing to invest in Vietnam some basic information on the forms of investment and the conditions required for your reference.

According to the current law on investment of Vietnam, the forms of investment in Vietnam including:

Investment in establishment of a business organization

Investors can choose establishing an economic organization to carry out their investment activities in Vietnam, in which the most popular selected have been limited liability company, joint stock company and partnerships.

Investment by contributing capital, purchasing shares or capital of business organizations

In addition to the establishment of an economic organization for new investment project as said above, the investors shall be entitled to contribute capital, purchase shares or capital to the existing economic organizations operating in Vietnam. Including:

Capital contribution	a) Buy shares of joint-stock companies through IPOs or additional issuance; b) Contribute capitals to limited liability companies and partnerships; c) Contribute capital to other business organizations not mentioned in above
Shares or capital purchase	a) Buy shares of joint-stock companies from the companies or their shareholders; b) Buy capital contributions to limited liability companies by their members and become members of limited liability companies; c) Buy capital contributions to partnerships by partners and become partners; d) Buy capital contributions to business organizations other than those mentioned above.

Investment under PPP contracts

Investors and project management companies shall sign PPP contracts (Public-Private Partnership contract) with competent authorities to execute an investment project to build new infrastructural works, to improve, upgrade, expand, manage, and operate infrastructural works, or to provide public services.

Investment under business cooperation contracts (BCC)

Business cooperation contract (BCC) means a contract between investors for business cooperation and distribution of profits, products without establishment of a new business organization.

In particular, the most common forms are 1) Investment in establishment of a business organization and 2) Investment by contributing capital, purchasing shares or capital of business organizations, which are considered by majority of small and medium investors due to simpler legal procedures for medim project. Therefore, the information privided below will focus on these two popular forms.

On choosing form of investment, investors must meet certain conditions and comply with the procedures prescribed by law for each form. In general, however, investors should first notice and meet the following basic conditions:

Conditions on investment capital:

For the form of establishment of an economic organization, the investor should demonstrate their capital contribution ability in implementing and maintaining the project through financial credentials, usually bank statements (for individuals) or financial statements/reports of recent years (for organizations/companies).

For the second form, the investors are exempt from providing the above financial proofs, as the financial capacity of the investors should be checked and assessed by the enterprise selling capital/shares or receiving capital contribution.

Conditions on activities:

In Vietnam, some investment and business activities have specific conditions for foreign individuals and organizations and investors should thoroughly understand the regulations prior to their registration of investment in Vietnam,. These may be limitation on the scope of investing activities, professional capacity or the shares of foreign capital in an entity. Often, those conditions are set on the basis of agreements and commitments between Vietnam and the countries of investors, commonly WTO Commitments on Trade in Goods, Services, FTAs, AFAS,…

Therefore the investors should consult with a lawyer or consultant to find out if their investment activities are subject to restrictions by law.

Conditions on the place performing project

In the case of establishment of a new economic organization, a lease contract for office, workshops, warehouses, etc., must be entered into before and included when registering the investment project. However, investors may apply for adjustment if there is a change in location later.

Conditions on the capacity of speciality, management, operation of investors

Among the conditions, although this is an optional condition, it plays an important role in explaining the capacity of the investors in the registration procedure. Investors should provide proof of ability such as professional qualifications, managerial experience, management, work experience, etc., to prove their superiority and to facilitate for the process

Please feel free to contact us by email: huonghue.ht@gmail.com or phone number +84 935 439 454 if you need any further clarification. We look forward to long-term co-operation with you.

02/03/202118/07/2022

SET UP A RESTAURANT IN VIETNAM

24/12/202018/07/2022

FRANCHISING IN VIETNAM REGULATIONS

Currently, franchising helps brands get closer to consumers, which is a potential option considered by many investors. Based on the provisions of Vietnamese law, HTLaw would like to summarize the most basic and important information about Franchising in Vietnam.

I. Conditions for the franchisor

A businessman shall be permitted to grant commercial rights when fully satisfying the following conditions:

1. The business system intended to be used for franchising has been in operation for at least 1 year. In case a Vietnamese trader is a primary franchisee from a foreign franchisor, that Vietnamese trader must do business under the franchising method for at least 1 year in Vietnam before re-granting a franchise.

2. Such a trader has registered franchising with a competent agency.

3. Business goods and services subject to commercial rights do not violate regulations.

II. Conditions for the franchisee

A trader shall be permitted to receive commercial rights when having the registration of business lines subject to commercial rights.

III. Goods and services permitted for franchising business

1. Goods and services permitted for franchising businesses are those not on the list of goods and services banned from the business.

2. Enterprises shall be permitted to deal in goods and/or services on the list of goods and services restricted from business or those on the list of goods and services subject to conditional business only after being granted business licenses or papers of equivalent value by the branch-managing agencies or fully satisfying business conditions.

IV. Contents of the franchising contract

Where the parties choose to apply Vietnamese law, a franchising contract may have the following principal contents:

1. Content of franchised commercial right.

2. Rights and obligations of the franchisor.

3. Rights and obligations of the franchisee.

4. Price, periodical franchise fee, and mode of payment.

5. Valid term of the contract.

6. Renewal and termination of the contract, and settlement of disputes.

V. Language of the franchising contract

The franchise contract must be made in Vietnamese. In case of franchising from Vietnam to abroad, the language of the franchise contract shall be agreed upon by the parties.

VI. Valid term of the franchising contract

The valid term of a franchising contract shall be agreed upon by the involved parties.

VII. Registration of franchising

1. Before conducting franchising activities, Vietnamese traders or foreign traders that intend to franchise must register franchising with competent agencies.

2. The agency competent to register commercial franchising activities shall register the trader’s commercial franchising activities in the commercial franchising register and notify the trader in writing of the registration.

VIII. Decentralization of responsibility to register franchising

1. The Ministry of Trade shall register the following franchising activities:

a) Franchising from overseas into Vietnam, including franchising from export processing zones, non-tariff areas, or separate customs areas specified by Vietnamese law into the Vietnamese territory;

b) Franchising from Vietnam to overseas, including franchising from the Vietnamese territory into export processing zones, non-tariff areas, or separate customs areas specified by Vietnamese law.

2. Trade Services and Trade-Tourism Services of provinces or centrally-run cities where traders that intend to franchise make business registration shall register franchising at home, except for franchising across boundaries of export processing zones, non-tariff areas, or separate customs areas specified by Vietnamese law.

IX. Dossiers of application for registration of franchising

A dossier of applications for registration of franchising comprises:

1. An application for registration of franchising, made according to the form guided by the Ministry of Trade.

2. A written introduction to franchising, made according to the form set by the Ministry of Trade.

3. Written certifications of:

a) The legal status of the intended franchisor;

b) Industrial property rights protection titles in Vietnam or a foreign country in case of licensing industrial property subject matters for which protection titles have been granted.

4. Where papers specified in Clauses 2 and 3 of this Article are written in foreign languages, they must be translated into Vietnamese and notarized by domestic notaries public or Vietnam’s foreign-based diplomatic missions and consular legalized according to the provisions of Vietnamese law.

X. Procedures for registering to franchise

1. An intended franchisor shall register franchising according to the following procedures:

a) Sending a dossier of application for registration of franchising to the competent state agency defined in Article 18 of this Decree;

b) Within 5 working days after receiving a complete and valid dossier, the competent state agency shall register franchising in the franchising register and notify in writing the traders of such registration.

c) Where the dossier is incomplete or invalid, the competent state agency shall, within 2 working days after receiving such dossier, notify such in writing to the intended franchisor for supplementation and completion of its dossier;

d) The time limits specified in this Clause shall not include the time for the intended franchisor to amend and supplement its dossier of application for registration of franchising;

e) Past the time limits specified in this Clause, if the competent state agency refuses to effect the registration, it must notify such in writing to the intended franchisor, clearly stating the reasons for refusal.

2. Procedures for registering contracts on licensing of industrial property subject matters shall comply with the provisions of the law on industrial property.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Franchise.