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14/09/202315/09/2023

FIRE IN RENTED ROOMS, WHO IS RESPONSIBLE, THE LANDLORD OR THE TENANT?

I. Basis for Imposing Liability for Non-contractual Damages

In accordance with Clause 1 and 3, Article 584, Civil Code 2015, the liability for non-contractual damages shall arise based on the following grounds:

“1. Anyone who engages in conduct that infringes upon the life, health, dignity, reputation, honor, property, rights, or legitimate interests of others, resulting in damages, must provide compensation, except as otherwise provided by this Code or other relevant laws.

…

3. In cases where property causes damages, the owner or possessor of the property shall be liable for compensating the damages, except in cases where the damages occur as specified in Article 2 of this Code.”

However, according to Clause 2, Article 584 of the Civil Code, the person causing the damage shall not be liable for non-contractual damages if there is an event of force majeure when performing the act.

II. Who is Responsible?

The situation of a rented room fire gives rise to liability for non-contractual damages involving damaged property, which may include the building itself, its contents, and potentially harm to individuals, as well as damage to neighboring properties. Depending on factors such as the fault of the party performing the action, the causal relationship between the action and its consequences, and whether the action is in violation of the law, we can distinguish the following cases:

Case 1: The consequences result entirely from the fault of the tenant

In cases where the tenant’s actions lead to the fire, whether intentional (such as deliberately setting the house on fire) or unintentional (such as accidentally causing a fire by dropping a lit cigarette onto flammable materials), the tenant is fully responsible for compensating the damages to the landlord and neighboring properties (if applicable).

Case 2: The consequences result entirely from the fault of the landlord

If the house fire occurs due to the fault of the landlord, for example, if they did not meet fire safety standards during construction, then the landlord is solely responsible for their actions and cannot demand compensation from the tenant. In cases where the fire causes harm to the tenant and other neighboring properties, the landlord is liable for compensation.

Case 3: The consequences result from the faults of both the tenant and the landlord

In this scenario, both the tenant and the landlord are responsible for compensating the damage that corresponds to their respective faults. In cases where it is impossible to determine the degree of fault for each party, Article 587 of the Civil Code of 2015 applies: “… if the degree of fault cannot be determined, they must compensate for the damage equally.”

III. Cases Where the Person Causing Damage is Not Liable

Based on Clause 2, Article 584, Civil Code 2015:

“2. The person causing damage shall not be liable to compensate for the damage in cases where the damage arises from an event of force majeure or is entirely the fault of the injured party, except in cases of other agreements or different legal provisions.”

Accordingly, there are two situations in which the person causing damage is not liable:

– When the consequences result from an event of force majeure.

– When the person causing damage is at fault, but the fault lies entirely with the injured party.

Based on Clause 1, Article 156, Civil Code 2015, a force majeure event is defined as “an objective event that cannot be foreseen and cannot be overcome despite the application of all necessary measures and capabilities.”

In both of these cases, the person causing damage is not liable for compensation, unless there are other agreements or different legal provisions stipulating otherwise.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with Liability for Non-contractual Damages.

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

08/09/202308/09/2023

HOW DO EMPLOYERS WHO SIGN MANY LABOR CONTRACTS PAY FOR SOCIAL INSURANCE?

I. Can a worker sign multiple labor contracts?

According to the provisions of Article 19 of the Labor Code 2019, it is stipulated as follows: “Article 19. Entering into Multiple Labor Contracts

A worker may enter into multiple labor contracts with multiple employers, but must ensure the full implementation of the agreed-upon terms.
If a worker enters into multiple labor contracts with multiple employers, participation in social insurance, health insurance, unemployment insurance shall be carried out in accordance with the regulations of the laws on social insurance, health insurance, unemployment insurance, and occupational safety and hygiene.”

Therefore, a worker can enter into labor contracts with multiple different employers as long as they fulfill the agreed-upon terms and comply with the current labor laws.

II. Who is required to participate in social insurance?

According to the provisions of Article 2, Clause 1 of the Social Insurance Law 2014, the applicable subjects are as follows:

a) Vietnamese citizens working under indefinite-term labor contracts, fixed-term labor contracts, seasonal labor contracts, or specific-term labor contracts with a duration of at least 03 months but less than 12 months, including labor contracts signed between employers and legal representatives of individuals under 15 years of age as prescribed by labor law.

b) Employees working under labor contracts with a duration of at least 01 month but less than 03 months;

III. Participants in unemployment insurance:

Based on the provisions of the Employment Law, specifically Article 43, these are the subjects that participate in unemployment insurance: Workers must participate in unemployment insurance when working under labor contracts or employment contracts as follows:

Labor contracts or employment contracts of indefinite duration;
Labor contracts or employment contracts of definite duration;

IV. Subjects participating in health insurance

There are 6 groups of subjects participating in health insurance:

1- Those for whom employees and employers contribute;

2- Those for whom social insurance agencies contribute;

3- Those for whom the state budget contributes;

4- Those supported by the state budget with a specific contribution rate;

5- Those participating in health insurance as part of their household registration;

6- Those for whom employers contribute.

V.How do workers working for multiple companies simultaneously pay social insurance?

According to Clause 1, Article 42 of the consolidated document No. 2089/VBHN-BHXH dated June 26, 2020, from the Vietnam Social Security, it states: “Workers simultaneously holding two or more labor contracts with different entities shall contribute to social insurance, occupational accident and occupational disease insurance based on the first labor contract signed, contribute to health insurance based on the labor contract with the highest salary, and contribute to labor union and unemployment insurance based on each labor contract.” Therefore, if a worker works for multiple companies simultaneously, social insurance contributions are as follows:

Social insurance (retirement and survivorship fund): contributions are made to the company where the first labor contract is signed;
Social insurance (occupational accident and occupational disease insurance): contributions are made to all companies with labor contracts (however, the worker does not need to contribute to this fund, and the employer will contribute);
Unemployment insurance: contributions are made to the company where the first labor contract is signed;
Health insurance: contributions are made to the company where the labor contract with the highest salary is signed.

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with Labour Law.

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

08/09/202308/09/2023

LIST OF COUNTRIES BEEN ISSUED WITH VIETNAM’S E-VISA

1. What is an electronic visa?

E-visa, also known as Vietnam e-visa, is issued by the Vietnam Immigration Department starting from February 2017. This type of visa is issued online.

The e-visa is only valid for 30 days for foreigners to enter Vietnam once for tourism purposes, not for commercial or business purposes.

2. Who can apply e-visa to VietNam

Currently, Vietnam applies e-visas for citizens of 80 countries to come to Vietnam regardless of purpose.

The specific list is updated up to now at the official website of the Vietnam Immigration Department:

STT	ICAO	NAME (ENGLISH)
1.	ARC	Argentina
2.	ARM	Armenia
3.	AZE	Azerbaijan
4.	IRL	Ireland
5.	ISL	Iceland
6.	AUT	Austria
7.	POL	Poland
8.	BLR	Belarus
9.	BEL	Belgium
10.	PRT	Portugal
11.	BIH	Bosnia and Herzegovina
12.	BRA	Brazil
13.	BRN	Brunei Darussalam
14.	BGR	Bulgaria
15.	ARE	United Arab Emirates
16.	KAZ	Kazakhstan
17.	CAN	Canada
18.	QAT	Qatar
19.	D	Germany
20.	CHL	Chile
21.	COL	Colombia
22.	IND	India
23.	CZE	Czech Republic
24.	AND	Andorra
25.	LIE	Liechtenstein
26.	MCO	Monaco
27.	HRV	Croatia
28.	CUB	Cuba
29.	DNK	Denmark
30.	CYP	Cyprus
31.	TLS	Timor Leste
32.	EST	Estonia
33.	GEO	Georgia
34.	KOR	Korea
35.	USA	United States of America
36.	HUN	Hungary
37.	GRC	Greece
38.	ITA	Italy
39.	LVA	Latvia
40.	RUS	Russia
41.	GBR	United Kingdom of Great Britain and Northern Ireland
42.	LTU	Lithuania
43.	LUX	Luxembourg
44.	FSM	Micronesia
45.	MLT	Malta
46.	MKD	Macedonia
47.	MEX	Mexico
48.	MMR	Myanmar
49.	MDA	Moldova
50.	MNG	Mongolia
51.	MNE	Montenegro
52.	NRU	Nauru
53.	JPN	Japan
54.	NZL	New Zealand
55.	AUS	Australia
56.	PLW	Palau
57.	PAN	Panama
58.	PNG	Papua New Guinea
59.	PER	Peru
60.	FIN	Finland
61.	FRA	France
62.	FJI	Fiji
63.	PHL	Philippines
64.	MHL	Marshall Islands
65.	SLB	Salomon Islands
66.	ROM	Romania
67.	WSM	Western Samoa
68.	SMR	San Marino
69.	SRB	Serbia
70.	ESP	Spain
71.	SWE	Sweden
72.	CHE	Switzerland
73.	CHN	China – Including Hong Kong SAR and Macau SAR passport holders – Not apply to Chinese e- passport holders
74.	URY	Uruguay
75.	VUT	V anuatu
76.	VEN	V enezuela
77.	NLD	Netherlands
78.	NOR	Norway
79.	SVK	Slovakia
80.	SVN	Slovenia

LIST OF BORDER GATE THAT ALLOW FOREIGNERS TO IMPORT AND EXPORT VIETNAM WITH E-VISA

Citizens carrying an e-visa are allowed to enter Vietnam through one of the following 33 border gates:

Airport	Road Border Gate	Seaport
Cat Bi Airport (Hai Phong	Bo Y Border Gate	Chan May Port
Cam Ranh Airport (Khanh Hoa)	Cha Lo Border Gate	Da Nang Port
Can Tho Airport	Cau Treo Border Gate	Duong Dong Port
Noi Bai Airport (Ha Noi)	Ha Tien Border Gate	Hai Phong Port
Tan Son Nhat Airport (Ho Chi Minh city)	Lao Bao Border Gate	Nha Trang Port
Phu Bai Airport	Lao Cai Border Gate	Quy Nhon Port
Phu Quoc Airport	La Lay Border Gate	Ho Chi Minh City Port
	Moc Bai Border Gate	Vung Tau Port
	Mong Cai Border Gate
	Nam Can Border Gate
	Na Meo Border Gate
	Song Tien Border Gate
	Tinh Bien Border Gate
	Tay Trang Border Gate
	Xa Mat Border Gate

Conditions for applying for Vietnam e-visa:
– Passport valid for at least 6 months from the date of entry into Vietnam and have at least 2 blank

– Pages 1 passport photo

– Hand paper of photo and personal information page in passport

– Bank card for online e-visa fee payment (American Express cards are not accepted)

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

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

08/09/202308/09/2023

HOW TO HANDLE NOT ENOUGH CAPITAL CONTRIBUTION WITHIN THE PRESCRIBED TIME LIMIT?

I. What are capital contribution and charter capital?

According to the provisions of Clause 18, Article 3 of the Enterprise Law 2020, capital contribution is:

“Capital contribution” means the contribution of capital as charter capital to establish a new company or contribution of additional capital to an existing company.

According to the provisions of Clause 34, Article 4 of the Enterprise Law 2020, the charter capital is:

“Charter capital” means the total value of assets that have been contributed or promised by the members/partners/owners when the limited liability company or partnership is established; or the total of nominal values of the sold or subscribed shares when a joint stock company is established.

II. Time limit for capital contribution

In Clause 2.3, Article 75 of the Enterprise Law 2020, the time limit for capital contribution is prescribed as follows:

– The owner shall contribute adequate and correct assets as promised when applying for enterprise registration within 90 days from the issuance date of the Certificate of Enterprise Registration. The time needed to transport or import the contributed assets and for completing ownership transfer procedures will be added to this 90-day period. During this period, the owner shall have rights and obligations that are proportional to the promised capital.

– In the charter capital is not fully contributed by the deadline specified in Clause 2 of this Article, the owner shall register the contributed capital as charter capital within 30 days from the deadline, in which case the owner shall be responsible for the financial obligations incurred by the company during the period before the change in charter capital is registered in proportion to the promised capital.

If, after the prescribed time limit, the committed capital is still not fully contributed, it must register for an adjustment, the charter capital is equal to the contributed capital within 30 days from the last day to fully contribute the contributed capital.

III. How to handle not enough capital contribution within the prescribed time limit?

If the capital contribution is not enough within the prescribed time limit, the investor or enterprise must register for an adjustment, the charter capital is equal to the contributed capital within 30 days from the last day on which the full capital contribution must be made. capital contribution.

According to the provisions of Article 46 of Decree 122/2021/ND-CP, the sanctioning of violations on business establishment is as follows:

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to ensure the number of members and shareholders as prescribed.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for:

a) failure to contribute capital for enterprise establishment or register capital contribution or purchase of shares/stakes of another business organization in the correct form prescribed by law; or

b) upon any entity that does not have the right to contribute capital or purchase shares/stakes but still does so.

3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Failure to follow procedures for changing capital or changing members or founding shareholders as prescribed at the business registration authority upon expiry of the time limit for capital contribution and time limit for capital change because members or founding shareholders fail to fully contribute capital but there is not any member or founding shareholder that undertakes to contribute capital;

b) Deliberate contribution of assets with false value.

4. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for any of the following violations:

a) Doing business as an enterprise without applying for enterprise registration;

b) Carrying on business operation after the enterprise registration certificate has been revoked or while the enterprise is requested by a competent authority to suspend or terminate its business operation.

In case there is a violation of the tax law, it shall be handled according to regulations on sanctioning of administrative violations in the tax field.

5. Remedial measures:

The violator is compelled to:

a) change members contributing capital or purchasing shares/stakes if the violation specified in Point b Clause 2 of this Article is committed;

b) follow procedures for changing capital or members or founding shareholders if the violation specified in Point a Clause 3 of this Article is committed;

c) apply for enterprise registration if the violation specified in Point a Clause 4 of this Article is committed.

Therefore, after the prescribed time limit, if the company has not contributed or has not fully contributed the committed capital, the company will be sanctioned according to the provisions of Clause 3, Article 46 of Decree 122/2021 ND-CP.

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

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

06/09/202306/09/2023

Can foreigners without a temporary residence card in Vietnam rent an apartment for a long term?

I. First of all, to answer this question, let's understand what a Temporary Residence Card is.

A Temporary Residence Card is a type of document issued by the immigration authorities or the competent authorities of the Ministry of Foreign Affairs to foreigners allowed to reside in Vietnam for a limited period and serves as a substitute for a visa.

For cases where the residency period is one year or longer, foreigners will be considered for a Temporary Residence Card, which also serves as a multiple-entry visa.

II. If you have a Temporary Residence Card, do you still need to apply for a visa?

When a foreigner has been granted a Temporary Residence Card in Vietnam and it is still valid, there is no need to apply for a visa when entering or residing in Vietnam because when foreigners want to enter the country, except for cases exempt from visas, they must apply for a visa. However, whether you apply for a visa for tourism, visiting relatives, investment, etc., it will have a validity period of up to 12 months for single or multiple entries. When the visa expires, you need to apply for an extension if you wish to continue staying in Vietnam or leave the country. In contrast, the Temporary Residence Card allows foreigners to enter and reside in Vietnam for a longer period than a visa, but not exceeding 5 years. Therefore, when foreigners have resided in Vietnam and have been granted a Temporary Residence Card, there is no need to apply for a visa to enter and exit the country. When you want to enter or exit the country, you just need to present the Temporary Residence Card along with your passport.

In addition, if foreign workers or investors frequently travel in and out of Vietnam but do not have a Temporary Residence Card, they need to regularly apply for new or extended Vietnam visas, causing a significant waste of time and costs for both individuals and businesses. Therefore, applying for a Temporary Residence Card will bring significant benefits, such as:

Having a Temporary Residence Card ensures that foreigners have the right to reside in accordance with Vietnamese law without having to apply for or extend visas, avoiding time and costs.
For cases of foreigners who frequently travel to and from Vietnam, applying for a Temporary Residence Card will facilitate ease of travel.
Moreover, having a Temporary Residence Card will avoid the need to affix multiple entry visas to your passport.

III. Next, let's find out the conditions for foreigners to rent apartments.

Regarding the subject conditions, the conditions for foreigners to rent apartments are:

According to Article 119 of the 2014 Housing Law,

“2. The conditions for parties participating in housing transactions are as follows:

…

b) If it is a foreign individual or a Vietnamese residing abroad, they must have the legal capacity to perform civil acts to carry out housing transactions in accordance with Vietnamese law, must be eligible to own housing in Vietnam under this Law, and are not required to register temporary residence or permanent residence at the place where housing transactions are conducted.”

IV. The Temporary Residence Declaration for Foreigners Entering Vietnam:

In addition to having a visa/temporary residence card to legally reside in Vietnam, foreigners are also required to declare their temporary residence with the local police in the commune, ward, township, or police station where the foreigner resides (including tourist accommodations, guesthouses, housing areas for foreigners working, studying, or receiving medical treatment, private houses, etc. – collectively referred to as ‘Accommodation Facilities’). The temporary residence declaration must be made within 12 hours – 24 hours (depending on the area) from the time the foreigner arrives at the Accommodation Facility.

The responsibility for temporary residence declaration lies with the representative of the Accommodation Facility or the person authorized, directly responsible for managing and operating the Accommodation Facility; for Accommodation Facilities for foreigners to rent for long-term stays where the owner of the Accommodation Facility does not reside, or houses owned by foreigners, the person named in the lease contract or house purchase contract is responsible for making the temporary residence declaration for the foreigner staying at that Accommodation Facility (referred to as the ‘Owner of the Accommodation Facility’).

Please note that although the temporary residence declaration is the responsibility of the Owner of the Accommodation Facility, failure to make the declaration can affect various administrative procedures related to foreigners because the Temporary Residence Declaration for Foreigners is a mandatory document when carrying out these procedures, such as:

Procedures for obtaining new visas/temporary residence cards;
Procedures for obtaining criminal record certificates for foreigners in Vietnam; and
Affecting the process of granting work permits to foreigners in cases where foreigners do not have Vietnamese criminal record certificates (and do not have foreign criminal record certificates issued to replace them).

Therefore, foreigners should be aware of this issue and work with the Owner of the Accommodation Facility to ensure timely compliance with the temporary residence declaration requirements, avoiding any adverse effects on their activities in Vietnam.

Based on the answers to these two questions, HTLaw concludes that foreigners who do not have a Temporary Residence Card in Vietnam can still rent apartments for the long term.”

To save time on researching procedures, filling out forms, notarization, and waiting to submit documents, you can contact HT for consultation and support regarding The Temporary Residence Card.

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

29/08/202329/08/2023

THE COMPANY FACING ECONOMIC DIFFICULTIES, CAN IT ARBITRARILY REDUCE THE SALARY OF EMPLOYEES?

The ongoing economic recession has had a significant impact on businesses worldwide in general, and in Vietnam specifically. Given the prevailing challenges, everyone is affected, including both businesses and employees. Therefore, the question arises:

I. Can a company facing economic difficulties unilaterally reduce the salaries of its employees?

The response from HTLaw is negative, as indicated by the following:

Pursuant to Article 94 of the 2019 Labor Code:

“Article 94. Principle of wage payment

Employers must directly, fully, and timely pay wages to employees. In cases where employees cannot receive wages directly, employers may pay wages to individuals duly authorized by the employees.

Employers must not restrict or interfere with the employees’ right to decide on their wage expenditures. They must not coerce employees to spend wages on purchasing goods or using services from the employer or other entities designated by the employer.”

Thus, employers are obligated to directly, fully, and timely pay wages to employees in accordance with the agreement within the corresponding labor contract for the work performed.

Furthermore, Article 33 of the 2019 Labor Code stipulates:

“Article 33. Amendment and supplementation of labor contracts

During the execution of a labor contract, if either party requests to amend or supplement the content of the labor contract, they must inform the other party at least 03 working days in advance regarding the content to be amended or supplemented.

In cases of mutual agreement, the amendment or supplementation of the labor contract shall be executed through the signing of an appendix to the labor contract or the establishment of a new labor contract.

If the parties do not reach an agreement on the amendment or supplementation of the labor contract, the originally concluded labor contract shall continue to be executed.”

It is evident that if the intention is to reduce an employee’s wage, the company must notify the employee at least 03 days in advance. If the employee agrees to the wage reduction, the parties can agree to sign an appendix to the labor contract or a new contract to adjust the wage level. However, if the employee does not agree, the company must still pay the wage as agreed upon in the signed labor contract, and an arbitrary reduction of wages is not permissible.

II. Now, assuming a company unilaterally reduces an employee's wage, can the company be subject to penalties?

The answer is affirmative, based on Section 2 of Article 17 of Decree No. 12/2022/NĐ-CP:

“2. Fine for employers committing any of the following acts: Failure to pay wages promptly in accordance with legal regulations; failure to pay or underpay wages to employees as agreed upon in the labor contract; failure to pay or underpay overtime wages; failure to pay or underpay night-shift wages; failure to pay or underpay wages during a suspension of work as stipulated by law; restricting or interfering with the employees’ right to decide on wage expenditures; coercing employees to spend wages on purchasing goods or using services from the employer or other designated entities; improperly deducting wages from employees in violation of legal regulations; failure to pay or underpay wages as prescribed to employees temporarily assigned to different tasks than those stated in the labor contract or during a strike; failure to pay or underpay wages for unused annual leave or remaining annual leave days upon termination or loss of employment; failure to provide advances or inadequate advances for wages during temporary suspension of work as stipulated by law; failure to pay adequate wages during a temporary suspension of work when the employee is not subject to labor discipline according to one of the following levels: …

(a) From 5,000,000 VND to 10,000,000 VND for violations involving 01 to 10 employees;

(b) From 10,000,000 VND to 20,000,000 VND for violations involving 11 to 50 employees;

(d) From 30,000,000 VND to 40,000,000 VND for violations involving 101 to 300 employees;

(e) From 40,000,000 VND to 50,000,000 VND for violations involving 301 or more employees.”

Furthermore, the provisions in Section 1 of Article 6 of Decree No. 12/2022/NĐ-CP state:

“1. The prescribed fine levels for violations of the provisions in Chapters II, III, and IV of this Decree shall apply to individuals, except as provided for in Sections 1, 2, 3, 5 of Article 7; Sections 3, 4, 6 of Article 13; Section 2 of Article 25; Section 1 of Article 26; Sections 1, 5, 6, 7 of Article 27; Section 8 of Article 39; Section 5 of Article 41; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of Article 42; Sections 1, 2, 3, 4, 5, 6, 7, 8 of Article 43; Sections 1, 2, 3, 4, 5, 6 of Article 45; Section 3 of Article 46 of this Decree. The prescribed fine level for organizations shall be twice the fine level for individuals.”

Consequently, according to the above regulations, if a company arbitrarily reduces an employee’s wage, it can be fined from 5,000,000 VND to 10,000,000 VND for individuals and from 10,000,000 VND to 20,000,000 VND for organizations.

III. Hence, what should employees do to safeguard their rights?

Employees have the right to unilaterally terminate the labor contract without prior notice if the company arbitrarily reduces their wages, as per Section 2 of Article 35 of the 2019 Labor Code, which stipulates that:

“…

(b) Failure to fully pay or pay wages on time, except as provided in Section 4 of Article 97 of this Code;

…”

To save time on understanding procedures, filling out forms, notarizing documents, and waiting for application processing, you can get in touch with HT for consultation and assistance regarding Labor Law.

Contact us

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

28/08/202329/08/2023

HOW ARE WAGES FOR EMPLOYEES RESOLVED WHEN THE BUSINESS GOES BANKRUPT?

According to the provisions of Point dd, Clause 1, Article 108 of the Law on Bankruptcy 2014, one of the mandatory contents of the decision declaring bankruptcy is the content of termination of the labor contract with the employee, settlement of the employee’s rights and interests. of workers.

I. Cases of termination of labor contracts

Clause 7, Article 34 of the Labor Code 2019 provides as follows:

“7. The employer who is a natural person dies; and is declared by the court as a legally incapacitated person, missing or dead. The employer that is not a natural person ceases to operate, or a business registration authority affiliated to the People’s Committee of the province (hereinafter referred to as “provincial business registration authority”) issues a notice that the employer does not have a legal representative or a person authorized to exercise the legal representative’s rights and obligations.”

…

Therefore, when the enterprise goes bankrupt, the labor contract between the employer (enterprise) and the employee will terminate.

II. Responsibility when terminating the labor contract

Article 48 of the Labor Code, 2019 stipulates that when bankrupt, an enterprise must ensure its responsibility to pay the following sums of money to employees:

“2. Priority shall be given to payment of the employees’ salaries, social insurance, health insurance, unemployment insurance, severance allowance, and other benefits under the collective bargaining agreement and employment contracts in case of shutdown, dissolution, or bankruptcy of an enterprise or cooperative.”

III. Order of property division

Clause 1, Article 54 of the Law on Bankruptcy 2014 provides as follows:

Where a judge issues a decision declaring bankruptcy, the assets of the enterprise or cooperative shall be distributed in the following order:

“(a) Unpaid wages, severance allowances, social insurance and health insurance of the employees and other benefits by the executed labor contracts and collective labor agreement;

(b) Bankruptcy costs

(c) Debts arising after the commencement of the bankruptcy procedure which serves the purpose of business recovery of the enterprise or cooperative;

(d) Financial obligations to the State; unsecured debts payable to the creditors named in the list of creditors; secured debts that remain unpaid due to the value of the assets being insufficient to repay them”.

Therefore, when an enterprise goes bankrupt, its assets will be divided in the decision to declare bankruptcy in the order of asset division. Including the employee’s salary debt (Priority Order 2) and the employee still has the right to enjoy the money during the working period according to the contract between the two parties.

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

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

28/08/202328/08/2023

PROCEDURES FOR EXPANDING FOREIGN INVESTMENT REGISTRATION CERTIFICATE

I. Legal provisions on investment registration certificates

IRC stands for the phrase Investment Registration Certificate, in the field of investment in Vietnam, this phrase means Investment Registration Certificate.

According to the provisions of Clause 3, Article 11 of the Investment Law 2020, the investment registration certificate is:

“Investment registration certificate” means a physical or electronic document bearing information registered by an investor about an investment project.

II. Cases of carrying out procedures for issuance of investment registration certificates

According to the provisions of Clauses 1 and 2, Article 37 of the Law on Investment 2020, the cases that must and are not required to carry out the procedures for granting an investment registration certificate are:

1. The investment registration certificate is required in the following cases:

a) Investment projects of foreign investors;

b) Investment projects of the business organizations mentioned in Clause 1 Article 23 of this Law.

2. Cases in which the investment registration certificate is not required:

a) Investment projects of domestic investors;

b) Investment projects of the business organizations mentioned in Clause 2 Article 23 of this Law;

c) Investment in the form of capital contribution, purchase of shares or stakes in a business organization;

III. Term of Investment Certificate

The term of the Investment Certificate is the operational term of the investment project. The term of the Investment Certificate shall be considered and decided by the Investment Certificate Authority based on the objectives, scale, location and operational requirements of the investment project. Accordingly, the maximum term of an Investment Certificate is specified in Article 44 of the Investment Law 2020 as follows:

+ The duration of operation of an investment project in an economic zone must not exceed 70 years.

+ The duration of operation of investment projects outside economic zones must not exceed 50 years.

+ Investment projects implemented in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions or investment projects with large investment capital but slow capital recovery. the operation term of the investment project may be longer but must not exceed 70 years.

IV. Procedures for renewal of Investment Registration Certificate

Deadline for submission of extension:

The time to extend the Investment Registration Certificate is before the expiration of the license period, about 3-5 months, the foreign investor needs to carry out the procedures for renewing the investment registration certificate. also extended the duration of the project.

Profile composition:

– A written request for an extension of the operation term of the investment project;

– Decision approving the investment policy;

– Certificate of investment registration;

– Decision on investor approval or papers of equivalent legal value;

– Certificate of land use right or papers of equivalent legal value;

– Documents proving the investor’s financial capacity, including one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company;

– Commitment to financial support of financial institutions;

– Guarantee on the financial capacity of the investor;

– Other documents proving the investor’s financial capacity.

Sequence:

Step 1: Prepare documents: Dossier made in Vietnamese or Vietnamese and English (Documents in foreign languages: must be translated into Vietnamese and notarized).

Step 2: Submit your application:

For investment projects with approved investment policies: Investors submit dossiers to one of the following two agencies:

+ The Ministry of Planning and Investment in case the National Assembly or the Prime Minister is the agency approving the project investment policy;

+ The agency that has issued the investment certificate in case the provincial People’s Committee approves the investment policy.

For an investment project that has been granted an Investment Certificate and is not subject to investment policy approval: The investor shall submit a project extension dossier to the agency that has issued the previous Investment Certificate.

Step 3: Settlement of records:

The competent authority will review and process the application.

To save time on researching procedures, filling out forms, notarizing documents, and waiting for submission, you can contact HT for consultation and assistance with Investment registration certificate.

Contact us:

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

28/08/202328/08/2023

HOW TO REGISTER FOR AN EXTRACT OF BIRTH CERTIFICATE FOR OVERSEAS VIETNAMESE

I. What is Extract of Birth Certificate?

According to Article 4, Clause 9 of the 2014 Law on Civil Status, an Extract of Birth Certificate is explained as follows:

“ An Extract of Birth Certificate is a document issued by competent state authority to prove the citizenship event of an individual registered at the citizenship registration agency. The original extract of birth certificate is issued immediately after the citizenship event is registered. A copy of the extract of birth certificate includes a copy obtained from the citizenship database and a copy authenticated from the original.”

From that definition, an extract of birth certificate can be understood as a document issued by the competent state authority to prove the event of birth registration of an individual at the citizenship registration agency.

II. Procedure for Registering Birth Certificate Extract for overseas Vietnamese

In case you are still residing abroad, you can authorize someone else to directly register for a copy of the birth certificate extract at the competent authority in Vietnam as follows:

Step 1: If the person you’re authorized is an organization or agency, this authorization must be established in writing following regulations. (If the authorized person is your grandfather, grandmother, father, mother, child, spouse, sibling, then you can skip this step.)

Step 2: The authorized person submits the application for issuing the copy of Birth Certificate Extract at the competent One-Stop Service Department/Administrative Center of the Civil status database-managing agency.

Step 3: Pay the required fees according to legal regulations.

If the application is complete and valid, it will be accepted. If the application is received after 3:00 PM, an Appointment Ticket will be issued, and the results will be returned to the requester on the next working day.

III. Documents for Registering a Birth Certificate Exctract

Documents for registering a copy of Birth Certificate Extract for Overseas Vietnamese include the following:

- A declaration form for issuing the copy of birth certificate extract.
- Authorization document.
- Original birth certificate.
- Personal identification documents (passport/ID card/citizen identification card or other documents with attached photo and personal information issued by the competent authority that still valid for use).
- Household registration book of the requester.

To save time on researching procedures, filling out forms, notarizing documents, and waiting for submission, you can contact HT for consultation and assistance with registering for an extract of birth certificate.

Contact us:

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

28/08/202328/08/2023

PROCEDURES FOR TRANSFORMATION FROM MULTI-MEMBER LIMITED LIABILITY COMPANIES TO JOINT STOCK COMPANY

I. Legal provisions on multi-member limited liability companies

– A multiple-member limited liability company must have a minimum of 2 members and a maximum of 50 members. A member of a multiple-member limited liability company can be an individual or organization with Vietnamese or foreign nationality. In addition, these members or organizations must not be prohibited from establishing, buying shares, contributing capital, purchasing contributed capital and managing an enterprise based on the information of Article 17 of the Enterprise Law 2020.

– A multiple-member limited liability company will be solely responsible with all its assets because the company has legal status. Members of a multiple-member limited liability company will be responsible for debts and other property obligations of the enterprise to the extent of the amount of capital contributed to the enterprise.

II. Legal provisions on joint stock companies

According to the provisions of Article 111 of the Enterprise Law 2020, a joint stock company is:

1. A joint stock company is an enterprise in which:

a) The charter capital is divided into units of equal value called shares;

b) Shareholders can be organizations and individuals; the minimum number of shareholders is 03; there is no limit on the maximum number of shareholders;

c) A shareholder’s liability for the company’s debts and liabilities is equal to the amount of capital contributed to the company by the shareholder;

d) Shareholders may transfer their shares to other persons except for the cases specified in Clause 3 Article 120 and Clause 1 Article 127 of this Law.

2. A joint stock company has the status of a juridical person from the day on which the Certificate of Enterprise Registration is issued.

3. A joint stock company may issue shares, bonds and other kinds of securities.

From the above provisions, a joint stock company has the following characteristics:

– Have at least 3 shareholders

– Joint stock companies have the ability to mobilize capital flexibly because they are allowed to issue shares, bonds and other securities.

– Shareholders are free to transfer capital.

– A joint-stock company is free to transfer its shares without restriction, except for the two cases specified in Clause 3, Article 116 and Clause 3, Article 120:

– Company profits can be paid out in dividends.

III. Procedures for transformation from multi-member limited liability companies to joint stock company

According to the provisions of Clause 4, Article 26 of Decree No. 01/2021/ND-CP, the application for conversion of multi-member limited liability companies to joint stock company includes the documents specified in Article 23 of this Decree:

Application form for enterprise registration.

The company’s charter.

List of members of the multi-member limited liability company; lists of founding shareholders and shareholders that are foreign investors of the joint-stock company.

Copies of the following documents:

a) Legal documents of the enterprise’s legal representative;

b) Legal documents of members or founding shareholders and foreign shareholders that are individuals; legal documents of members or founding shareholders and foreign shareholders that are organizations; legal documents of authorized representatives of members or founding shareholders and foreign shareholders that are organizations and their letters of appointment of authorized representatives.

For members and shareholders being foreign organizations, copies of legal papers of the organization must be consular legalized;

The following documents must be attached to the application, including:

– Resolution, decision and copy of the meeting minutes of the Members’ Council of a limited liability company with two or more members on the conversion of the company;

– The transfer contract or documents proving the completion of the transfer in case of transferring the contributed capital; Contract of donation in case of donation of contributed capital; – Papers certifying capital contribution of new members and shareholders;

– The investment registration agency’s document approving the capital contribution, share purchase or purchase of contributed capital of foreign investors or foreign-invested economic organizations, in case the following procedures must be followed: continue to register for capital contribution, purchase of shares and purchase of contributed capital in accordance with the Law on Investment.

Procedure:

Step 1: Prepare 01 set of documents for company transformation

Step 2: Submit your application at the Department of Planning and Investment

The converting enterprise or its authorized person shall carry out the procedures for conversion from a two-member limited liability company to a joint stock company by the following methods:

+ Register your business directly at the Business Registration Office;

+ Business registration via postal service;

+ Register your business via the electronic information network at the National Business Registration Portal (https://dangkytinhdoanh.gov.vn)

Step 3: Get the result

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

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25/08/202330/08/2023

CAN VIETNAMESE ENTERPRISES SIGN INDEFINITE-TERM LABOR CONTRACTS WITH FOREIGN WORKERS?

I. Legal Basis

According to the provisions of Clause 2, Article 151 of the 2019 Labor Code:

“2. The duration of a foreign employee’s employment contract must not exceed that of the work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate conclusion of multiple fixed-term labor contracts.“

The duration of the employment contract with foreign workers must not exceed the duration of the work permit.

Furthermore, according to the regulations in Article 155 of the 2019 Labor Code and Article 10 of Decree 152/2020/NĐ-CP, the maximum duration of a work permit is 2 years and can be extended once, not exceeding 2 years.

Therefore, employers and foreign workers will not be allowed to sign indefinite-term labor contracts.

II. Can a foreign worker without a work permit sign an indefinite-term contract?

There are certain cases in which foreign workers do not require a work permit to work in Vietnam, as regulated in Article 154 of the 2019 Labor Code:

“1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable with regulations of the Government.

2. Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value conformable with regulations of the Government.

3. Is the manager of a representative office, project or the person in charge of the operation of an international organizations or a foreign non-governmental organization in Vietnam.

4. Enters Vietnam for a period of less than 03 months to do marketing of a service.

5. Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.

6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the Law on Lawyers.

7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.

8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.

9. Other circumstances specified by the Government.”

If a foreign worker falls into one of the above-mentioned cases, they can work in Vietnam without requiring a work permit.

However, according to Article 8 of Decree 152/2020/NĐ-CP, these individuals still need to be confirmed by the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs located where the foreign worker is expected to work. This confirmation is valid for a period of 2 years, and the reissuance of the confirmation is limited to a maximum of 2 years.

Therefore, even though foreign workers that are not required to obtain a work permit, they still cannot sign indefinite-term labor contracts.

To save time on researching procedures, filling out forms, notarizing documents, and waiting for submission, you can contact HT for consultation and assistance with labor contract matters.

Contact us:

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

25/08/202330/08/2023

WHEN IS A WORK PERMIT REVOKED?

I. Reasons for revocation of the work permit for foreign workers:

According to Article 20 of Decree 152/2020/NĐ-CP, the work permit for foreign workers in Vietnam may be revoked for the following 9 reasons:

The work permit has expired.
Termination of the labor contract.
The terms of the labor contract do not match the content of the issued work permit.
Working outside the scope specified in the issued work permit.
The field of employment has ended or the contract has been terminated.
The foreign country has sent written notice to recall the foreign worker employed in Vietnam.
Enterprises, organizations, Vietnamese partners, or foreign organizations in Vietnam that employ foreign workers have terminated their activities.
The employer or foreign worker fails to comply with the regulations of Decree 152/2020/NĐ-CP.
The foreign worker violates Vietnamese laws during their employment, affecting security, order, and social safety.

II. Process and procedures for revoking the work permit:

Based on Article 21 of Decree 152/2020/NĐ-CP, the procedures for revoking a work permit will be carried out as follows, depending on the case:

Case 1: The work permit has expired according to the provisions of Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 156 of the Labor Code:

Step 1: The employer revokes the work permit of the foreign worker.

Step 2: Submit the application to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs that issued the work permit.

The application includes:

The work permit of the foreign worker.

A document explaining the reason for revocation and the specific case falling under work permit revocation.

Deadline for submission: Within 15 days from the date the work permit expires.

Case 2: The employer or the foreign worker fails to comply with the regulations of this Decree; the foreign worker violates Vietnamese laws during their employment, affecting security, order, and social safety (Article 20 of Decree 152/2020/NĐ-CP):

Step 1: The Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs that issued the work permit makes the decision to revoke the work permit and notifies the employer.

Step 2: The employer revokes the work permit of the foreign worker.

Step 3: The employer returns the work permit to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs that issued the permit.

Deadline for completion: Within 3 days from the date the authorized agency revokes the work permit.

Step 4: The employer receives a confirmation document of work permit revocation.

Processing time: Within 5 working days from the date the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs receives the revoked work permit.

To save time on researching procedures, filling out forms, notarizing documents, and waiting for submission, you can contact HT for consultation and assistance with labor-related matters.

Contact us:

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24/08/202324/08/2023

PROCEDURES FOR RESULT OF DAMAGED INVESTMENT REGISTRATION LICENSE

I. Legal basis

Pursuant to Article 41 of Decree 31/2021/ND-CP, the procedures for re-issuance and correction of information on the Investment Registration Certificate are prescribed as follows:

“1. In case the investment registration certificate is lost or damaged, the investor shall submit a written request for re-issuance of the investment registration certificate to the investment registration agency for re-issuance within 05 days working days from the date the investment registration agency receives the written request.”

II. Implementation process

Pursuant to Article 41 of Decree 31/2021/ND-CP, the process for re-issuance of the Investment Registration Certificate is prescribed as follows:

First: Regarding the application for re-issuance of the Investment Registration Certificate:

– A written request for re-issuance of the Investment Registration Certificate. (Form A.I.17)

– Old IRC photo (if any)

– Power of attorney for individuals + personal papers to act on behalf of the investor (if any)

Second: About the order of execution:

– Step 1: The investor submits a written request for re-issuance of the Investment Registration Certificate to the investment registration agency (Department of Planning and Investment).

– Step 2:

Within 05 days from the date of receiving the investor’s request for re-issuance of the Investment Registration Certificate. The Investment Registration Authority (Department of Planning and Investment) shall re-issue the Investment Registration Certificate. while receiving the investor’s written request.

Third: About the form of implementation:

Submit the application for re-issuance of the Investment Registration Certificate directly at the headquarters of the state administrative agency or send it by post.

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

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23/08/202323/08/2023

WHAT ARE THE REGULATORY IDENTIFICATION PLATES FROM AUGUST 15, 2023?

I. What is the identification plate from August 15, 2023?

According to the provisions of Article 3 of Circular 24/2023/TT-BCA, identification plates are License plates issued and managed according to the vehicle owner’s identification code (hereinafter referred to as identification plates). Identification number plate means a number plate with symbols, number plate series, size of letters and numbers, and number plate color as prescribed in this Circular.

– For vehicle owners who are Vietnamese citizens, license plates are managed according to personal identification numbers.

– For foreign vehicle owners, license plates shall be managed according to foreigners’ identification numbers established by electronic identification and authentication systems, permanent resident, temporary residence card numbers, or other identity cards issued by competent agencies.

– For vehicle owners being organizations, license plates shall be managed according to the organization’s electronic identification code established by the electronic identification and authentication system; In case there is no electronic identification code of the organization, it shall be managed according to the tax code or establishment decision.

– In case the vehicle expires, damages, or transfers vehicle ownership, the vehicle owner’s identification plate shall be recovered and reissued by the vehicle registration authority when the vehicle owner registers another vehicle under his/her ownership. The identification plate number shall be retained for the vehicle owner for a period of 05 years from the date of revocation; After the above-mentioned time limit, if the vehicle owner has not registered, such identification plate number shall be transferred to the number plate warehouse for registration and issuance to organizations and individuals according to regulations.

– In case the vehicle owner moves his head office or residence from one province or centrally-run city to another, he shall be entitled to retain such identification plate number (not having to change the license plate).

II. From August 15, 2023, will people have to change their current number plates to identification plates

According to Article 39 of Circular 24/2023/TT-BCA stipulates:

For vehicles registered with license plates before August 15, 2023, but have not yet undergone recall procedures, such plates are determined to be the license plates of the vehicle owner.

For vehicles with registered 5-digit plates, if the vehicle owner has carried out recall procedures before August 15, 2023, such license plates will be transferred to the number plate inventory for issuance of number plates according to regulations.

For vehicles registered with 5-number plates with symbols “LD”, “DA”, “MĐ”, “R”, they will continue to be allowed to participate in traffic, even when changing or re-issuing number plates, unless the vehicle owner wishes to change the number plate according to the provisions of this Circular.

For vehicles with 3 or 4 number plates registered with plates, they are allowed to participate in traffic, except for the following cases:

– Vehicle owners wishing to issue identification plates

– Vehicle owners who carry out procedures for replacement of vehicle registration certificates, replacement of license plates, re-issuance of vehicle registration certificates, re-issuance of license plates, or registration of vehicle names or vehicle moves according to the provisions of this Circular shall revoke such 3 or 4 number plates and issue them to change to identification plates according to regulations.

III. License plate revocations from August 15, 2023

According to the provisions of Article 23 of Circular 24/2023/TT-BCA, cases of revocation of registration certificates and license plates from August 15, 2023

1. The damaged vehicle cannot be used, or destroyed due to objective reasons.

2. Vehicles with expired expiry dates are not allowed to circulate by law.

3. The stolen or seized vehicle cannot be found or the vehicle is discarded, the vehicle owner shall request the revocation of the vehicle registration certificate and license plate.

4. Duty-free imported vehicles or vehicles temporarily imported by foreign agencies, organizations, or individuals for re-export, transfer of ownership, or destruction.

5. Vehicles registered in economic zones according to the Government’s regulations when re-exported or transferred into Vietnam.

6. The vehicle shall carry out procedures for registration to name and move.

7. The vehicle removes the engine or frame for registration of another vehicle.

8. The vehicle has been registered but detects a fake vehicle dossier or a vehicle with a conclusion of a competent agency that the engine number or chassis number is cut, welded, re-punched, erased, or issued number plates in contravention of regulations.

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

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18/08/202318/08/2023

DO FOREIGN EMPLOYEES WHEN HE/SHE QUITS BEEN RECEIVED SEVERANCE ALLOWANCE?

I. Can foreign workers be paid severance allowance when they quit their jobs?

According to the provisions of Article 46 of the Labor Code 2019, the conditions for receiving severance allowance are as follows:

1. In case an employment contract is terminated as prescribed in Clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of this Code, the employer is responsible for paying severance allowance to the employee who has worked on a regular basis for a period of at least 12 months. Each year of work will be worth half a month’s salary, except for the cases in which the employee is entitled to receive retirement pension as prescribed by social insurance laws, and the cases specified in Point e Clause 1 Article 36 of this Labor Code.

2. The qualified period of work as the basis for calculation of severance allowance shall be the total period during which the employee actually worked for the employer minus the period over which the employee participated in the unemployment insurance in accordance with unemployment insurance laws and the period for which severance allowance or redundancy allowance has been paid by the employer.

3. The salary as the basis for calculation of severance allowance shall be the average salary of the last 06 months under the employment contract before the termination.

4. The Government shall elaborate this Article.

Also according to the provisions of Article 2 of the 2019 Labor Code, the subjects applied by this Code include:

1. Employees, trainees, apprentices and other workers without labor relations.

2.Employers.

3. Foreign employees who work in Vietnam.

4. Other organizations and individuals directly related to labor relations.

According to the above regulations, foreign workers working in Vietnam are also subject to the application of the 2019 Labor Code. Therefore, foreign workers working in Vietnam will be entitled to severance allowance if they meet the requirements meet the following conditions:

– Have worked regularly for full 12 months or more for the employer:

– Termination of the contract by the causes in Clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of the Labor Code 2019

+ Due to the expiration of the labor contract.

Completed the work according to the labor contract.

+ Both parties agree to terminate the labor contract.

+ The employee is sentenced to prison (no suspended sentence/not released), death penalty, prohibited from doing the job specified in the contract.

+ The employee dies; has been declared by the Court to have lost his civil act capacity, is missing or has died.

+ The employer being an individual dies; has been declared by the Court to have lost his civil act capacity, is missing or has died.

+ The employee unilaterally terminates the labor contract according to the provisions of Article 35 of this Code.

+ The employer unilaterally terminates the labor contract according to the provisions of Article 36 of this Code.

II. How is the employer who does not pay severance pay to foreigners?

According to the provisions of Clause 1, Article 48 of the Labor Code 2019, it is the responsibility of the employer to fully pay all amounts related to the employee’s interests, including severance pay.

Within 14 working days following the termination of an employment contract, both parties shall settle all payments in respect of the rights and interests of each party. In the following cases, such period may be extended, but shall not exceed 30 days:

a) Shutdown of business operation of the employer that is not a natural person;

b) Changes in the organizational structure, technology or changes due to economic reasons;

c) Full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative;

d) Natural disasters, fire, hostility or major epidemics.

If the employer fails to pay or does not fully pay the severance allowance to the foreign worker when they leave the job, the employer will be sanctioned according to the provisions of Clause 2, Article 12 of Decree 12/2022/ ND-CP.

The fine level for the employer is based on the number of employees being violated:

– From VND 1,000,000 to VND 2,000,000 for violations from 01 to 10 employees;

– From VND 2,000,000 to VND 5,000,000 for violations of between 11 and 50 employees;

– From 5,000,000 VND to 10,000,000 VND for violations of between 51 and 100 employees;

– From 10,000,000 VND to 15,000,000 VND for violations of between 101 and 300 employees;

– From 15,000,000 VND to 20,000,000 VND for violations of 301 employees or more.

The employer is also required to pay the full severance allowance plus interest on the unpaid amount at the highest interest rate on demand deposits of state-owned commercial banks announced at the time of settlement punish.

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

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18/08/202318/08/2023

Procedures for applying for a Vietnam e-visa.

1. Subjects granted Vietnam e-visa

Currently, Vietnam applies e-visa for citizens of 80 countries to Vietnam, regardless of the purpose of entry, tourism, visiting relatives or business cooperation, work, ….

2. Conditions for applying for Vietnam e-visa:

– Foreigners who have passports and do not fall into the category of foreigners who are not allowed to enter the country specified in Article 21 of the Law on entry, exit, transit and residence of foreigners in Vietnam.

– Foreigners who are citizens of countries and territories on the list of granted electronic visas according to the Government’s Resolution.

3. Procedure to apply for Vietnam e-visa

Step 1: You need to access to the website for foreigners to self-register for e-visa online: https://evisa.xuatnhapcanh.gov.vn/en_US/web/guest/khai-thi-thuc-dien-tu/cap-thi-thuc-dien-tu.

Step 2: You tick the box Confirmation of reading carefully instructions and having completed application và press Next.

In this section, you need to upload your passport photo and profile page. Then fill in the required information completely and correctly (the part marked *)

Step 3: After filling out the visa form information, you can press Review application form to check the information again. Please make sure that the information is correct because after paying the valid visa fee you will not be able to change any information and will have to apply for a new entry visa. Pay the visa fee to the account specified on the e-visa Information Page or the National Public Service Portal or the Public Service Portal of the Ministry of Public Security after receiving the electronic file code from the immigration authority. Application submission time: 24 hours/07 days. Time to receive documents: From Monday to Saturday every week (except Tet and public holidays).

4. Processing time for Vietnam e-visa application

Normally you will receive your Vietnam e-visa in about 3 working days. However, visa processing times may vary depending on the number of applicants or on public holidays. Therefore, foreigners should submit an application 1-2 weeks before coming to Vietnam.

5. How much is the Vietnam e-visa application fee?

25 USD (E-visa valid for one time: 25 USD /e-visa)

50 USD (E-visa is valid for multiple times : 50 USD /e-visa)

This fee is non-refundable if your application is refused or your visa contains incorrect information provided by you in the application form.

6. Profile composition

Information on applying for an electronic visa (on the electronic visa information page or the National Public Service Portal or the Public Service Portal of the Ministry of Public Security) according to form NA1a issued together with Circular No. 22/2023/ TT-BCA dated June 30, 2023 of the Ministry of Public Security.

+ Newly taken photo of the e-visa applicant, photo size 4 x 6cm, jpeg format, size ≤ 2 MB, face looking straight ahead, no hat, no glasses, polite clothes, background image White background

+ Photo of passport identity page is uploaded to the electronic visa information page according to regulations.

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

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11/08/202311/08/2023

LEGAL PROVISIONS ON OPENING BUSINESS PROCEDURES

I. What is bankruptcy?

According to the provisions of Clause 2, Article 4 of the Law on Bankruptcy 2014, “Bankruptcy is a legal status of an insolvent entity that is declared bankrupt by the People’s Court”.

An enterprise or cooperative is determined to be insolvent when the insolvent enterprise or cooperative being an enterprise or cooperative fails to fulfill its debt payment obligation within 03 months from the date of payment. payment due.

II. Persons who have the right and obligation to file a petition to open bankruptcy proceedings.

Persons who have the right to file a petition for initiation of bankruptcy proceedings specified in Clauses 1, 2, 5, 6, Article 5 of the Law on Bankruptcy 2014 include:

– Unsecured creditor, partially secured creditor.

– Employees, grassroots trade unions, and directly superior grassroots trade unions in places where grassroots trade unions have not been established.

– Shareholders or groups of shareholders owning at least 20% of the ordinary shares or more for a consecutive period of at least 06 months have the right.

– A member of a cooperative or the legal representative of a member cooperative of a union of cooperatives.

Persons obligated to file a petition for initiation of bankruptcy proceedings specified in Clauses 3 and 4, Article 5 of the Law on Bankruptcy 2014 include:

– The legal representative of the enterprise or cooperative.

– Owner of a private enterprise, Chairman of the Board of Directors of a joint-stock company, Chairman of the Members’ Council of a limited liability company with two or more members, owner of a one-member limited liability company, a general partner of a partnership company.

III. Decision to open or not to open bankruptcy proceedings

According to the provisions of Clause 1, Article 42 of the Law on Bankruptcy 2014, “Within 30 days from the receipt of a written request for initiation of bankruptcy process, the Judge shall make a Decision on the initiation of bankruptcy process or refusal to initiate bankruptcy process, except the cases prescribed in Article 105 of this Code”.

– Decision to open bankruptcy proceedings.

+ The judge issues a decision to open bankruptcy proceedings when the enterprise or cooperative is insolvent

+ In case of necessity, before issuing a decision to open bankruptcy proceedings, the judge may convene a meeting with the participation of the petitioner to initiate bankruptcy proceedings, the business owner or the lawful representative of the enterprise. enterprises and cooperatives that are required to open bankruptcy procedures, relevant individuals and organizations to consider and examine the grounds to prove that the enterprise or cooperative is insolvent.

– Decide not to open bankruptcy proceedings.

The People’s Court shall issue a decision not to initiate bankruptcy proceedings if it considers that the enterprise or cooperative is insolvent.

In this case, the applicant requesting the initiation of bankruptcy proceedings shall be refunded the bankruptcy cost advance; requesting insolvent enterprises and cooperatives to perform property obligations that have been suspended under Article 41 of the Law on Bankruptcy 2014 to be continued.

IV. Prohibited activities after the enterprise or cooperative has decided to open bankruptcy proceedings.

According to the provisions of Article 48 of the Law on Bankruptcy 2014, after the decision to open bankruptcy procedures is issued, enterprises and cooperatives are prohibited from performing the following activities:

1. After the Decision on the initiation of bankruptcy is made, the insolvent entity is prohibited from:

a) Dispersing and hiding assets;

b) Paying the unsecured debts, except the unsecured debts incurred after the initiation of bankruptcy process and the employees’ salaries prescribed in Point c Clause 1 Article 49 of this Law.

c) Renouncing the right over debt claim;

d) Making an unsecured debt into a secured or partly-secured debt with collateral which are assets of the entity.

Any transaction prescribed in Clause 1 this Article is invalid and shall be handled according to Article 60 of this Law.

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

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04/08/202304/08/2023

THINGS TO NOTE WHEN CONTRIBUTING CAPITAL BY LAND USE RIGHTS

1. Conditions for capital contribution by land use rights

Land users may exercise the right to contribute capital by land use rights when the following conditions are met:

– Have a land use right certificate, except for the following cases:

– In case all recipients inheriting land use rights, ownership of houses and other assets attached to land are foreigners or overseas Vietnamese who are not eligible to buy housing associated with land use rights in Vietnam:

+ The heirs may not be granted a Certificate of land use rights, ownership of houses and other property attached to the land but is transferred or gifted to the inherited land use right.

+ In case of inheritance of land use rights, land users may exercise their rights when they have a certificate or are eligible to issue certificates of land use rights, ownership of houses and other assets attached to land.

– The land is not in dispute;

– Land use rights are not marginalized to ensure the execution of judgments;

– During the term of land use.

The conversion, transfer, lease, sub-lease, inheritance, gift, mortgage of land use rights, capital contribution by land use rights must be registered at the land registration office and take effect from the time of registration in the cadastral book.

2. Conditions for receiving capital contribution by land use rights

Economic organizations, households and individuals may transfer, receive capital contributions, or lease agricultural land use rights for the implementation of non-agricultural production and business investment projects when they fully meet the following conditions:

– There is a written approval from a competent state agency for an economic organization to transfer, receive capital contribution or lease the right to use agricultural land for the implementation of the project;

– The purpose of use for the land area to be transferred, contributed capital or leased land use rights must be in accordance with the land use planning and plan approved by a competent state agency;

– For land specialized in rice cultivation, it must comply with the provisions of Clause 3, Article 134 of the 2013 Land Law as follows:

+ Persons who are allocated or leased land for non-agricultural purposes by the State from land specialized in rice cultivation must pay a sum of money for the State to supplement the lost land area for rice cultivation or increase the efficiency of using rice land according to the Government’s regulations.

3. Dossier of capital contribution by land use right

– Application for registration of land fluctuations or houses associated with land use rights according to form No. 09/DK.

– Contracts and documents on capital contribution by land use rights, ownership of assets attached to land (original).

– Certificate of land use rights or houses associated with land use rights (original).

– Written approval of competent State agencies for economic organizations receiving transfers, capital contributions or leases of agricultural land use rights for the implementation of investment projects;

– The land user’s written consent for the owner of the property attached to the land to contribute capital to the property attached to the land in case the capital contribution is equal to the property attached to the land but the owner of the property attached to the land is not simultaneously a land user.

4. Procedures for capital contribution by land use rights

Order of execution:

Step 1: Valuation of land use rights. Valuation of land use rights or houses associated with land use rights can be set by shareholders, company members and jointly responsible or hired by professional valuation companies.

Step 2: Sign a capital contribution contract with land use rights and perform notarization at a notary office. The parties sign capital contribution contracts (specifying the time limit for capital contribution by land use rights) and carry out notarization procedures at the notary office.

Step 3: Register fluctuations in land use rights, ownership of assets attached to land in case of capital contribution by land use rights, ownership of assets attached to land.

Step 4: Register to change charter capital/investment capital according to the information contributed to relevant authorities.

In case of capital contribution by land use rights to establish a company, individuals/organizations shall carry out procedures within 90 days from the date of obtaining the enterprise establishment license.

In case of additional capital contribution, the charter capital of the established individual/organization shall carry out the procedures from the date of signing the capital contribution contract.

The registration agency for capital contribution to economic organizations is the land registration office at the provincial Department of Natural Resources and Environment or the agency receiving the dossier as prescribed by the People’s Committee of the province or centrally run city.

Tax provisions when contributing capital by land use rights:

– Registration fee: Free registration fee due to capital contribution by land use rights.

– Personal income tax: 2% on the transfer or sublease price. Accordingly, individuals who contribute capital by land use rights and real estate do not have to declare and pay PIT immediately. Only after one of the acts such as capital transfer, capital withdrawal, dissolution of the enterprise will this obligation be fulfilled.

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

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

04/08/202304/08/2023

THINGS TO NOTE WHEN TRANSFERRING LAND USE RIGHTS

1. Order when transferring land use rights

Step 1: The parties need to consider the conditions between the buyer and the seller when making transactions on transfer, to the name of land use rights, assets attached to land

After that, the two parties make a contract for the transfer of land use rights and assets attached to the land and perform notarization at the notary office or the commune-level People’s Committee where the real estate is located. In the transfer contract it should be noted the following issues:

– The transfer information of the two parties must be accurate and consistent with their identity documents.

– The rights and obligations of the parties must ensure conformity with the provisions of law.

– Information on land parcels and assets attached to land must be accurate with the Certificate of Land Use Right, assets attached to land (specifying the number of sheets, number of parcels, land area, land use purpose, origin of land use, characteristics of assets attached to land, common use area, separate use area, structure, construction year (if any),…)

– Transfer price: can be detailed or recorded the total value of the transferred asset (note: the transfer price will directly affect the transferor’s tax obligations and other obligations).

– Time of land handover and registration of land use rights. The time of establishment of land use rights is the time when assets are recorded in the cadastral books of competent state agencies (land registration offices of district People’s Committees or assets with foreign elements are provincial-level Departments of Natural Resources and Environment where assets are located)

Step 2: Declare financial obligations at the People’s Committee of the district where the house or land is located

The two parties need to prepare a dossier to the branch of the land registration office of the district People’s Committee, the dossier includes:

– Registration fee declaration (2 copies declared and paid by the Buyer)

– PIT declaration (2 copies signed by the Seller, in case of donation, 4 copies)

– Notarized contract made (1 original)

– Certificate of land use rights, ownership of houses and other property attached to land (1 certified copy)

– Applicant’s CCCD (original for comparison)

– Power of attorney (in case the authorized organization or individual submits on its behalf)

– Confirmation of residence of the individual with financial obligations to the property.

Deadline for tax payment notice: 10 days After the notice, the taxpayer pays money to the state budget.

Taxes and fees to pay when transferring to the name of land use rights:

– PIT: 2% of the transfer price

– Registration fee: 0.5% of the entire area to be transferred

– Notary fee: based on the value of the property or contract, there will be a corresponding amount of revenue

– Fees for issuance of land use right certificates: Depending on the locality, there will be different revenues

– Application appraisal fee: Depending on the locality and applicable in case of initial issuance or reissuance or change of information in the certificate.

Step 3: Apply to transfer land use rights

It is necessary to prepare a set of declaration documents in the name at the branch of the land registration office of the District People’s Committee where the real estate is located.

– Application for registration of fluctuations (signed by the seller); In case there is an agreement in the contract about the buyer registering land fluctuations, the buyer will be the signatory instead.

– Contract for transfer of land use rights and assets attached to land (notarized according to regulations) (1 original)

– Certificate of land use rights, property attached to land (original)

– Certificate of payment to the state budget (original)

– Certified copy of ID/CCCD

– Certificate of residence of the transferee

Fees for changing the name of the certificate include:

– Cadastral fee: 15,000 VND/case

– Appraisal fee: The amount of revenue is equal to 0.15% of the value (to name) of transfer (At least 100,000 VND to a maximum of not more than 5,000,000 VND/case)

2. Notes when transferring land use rights

The transfer of the owner of land use rights will be exempt from PIT in some cases such as gift or inheritance, etc.

The basis for calculating PIT on income from real estate transfers is the transfer price each time and the tax rate.

The transfer price for the transfer of land use rights without construction works on the land is the price stated on the transfer contract at the time of transfer.

The transfer price for the transfer of land use rights associated with construction works on land, including houses and construction works formed in the future is the price stated on the transfer contract at the time of transfer.

In case of transfer of houses attached to land, the value of houses, infrastructure and architectural works attached to land shall be determined based on the price charged for registration fees prescribed by the Provincial People’s Committee.

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

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

03/08/202303/08/2023

PROCEDURES FOR TRANSFERING LAND USE RIGHTS OR HOUSES ASSOCISTED WITH LAND USE RIGHTS WHEN RECEIVING INHERITANCE

1. The order of implementation when declaring inheritance is land use rights

Step 1: Carry out the inheritance declaration procedure at the relevant registry

To carry out the inheritance declaration procedure, the parties can choose to go to the notary office or the commune-level People’s Committee where the real estate is located to conduct inheritance division.

Dossiers when making inheritance declarations include:

– Resume of the recipient of the inheritance (notarized)

– Citizen Identity Card/Passport of persons named in the will or in the line of inheritance as prescribed by law.

– Power of attorney contract or power of attorney in case of establishing a transaction through a representative.

– Death certificate of the deceased (notarized)

– Will (original + notarized) if any leave a will

– Birth certificate, marriage certificate, documents proving the relationship of the heir and the deceased (original)

– Certificates of land use rights, assets attached to land, documents proving ownership of assets as inheritance (certificates of real estate, ownership of houses, licenses for sale and purchase, legalization of houses issued by district People’s Committees, passbooks, shares, share certificates, sales contracts, transfers,…)

After checking the dossier in full, in accordance with the provisions of law, the competent authorities shall publicly post it at the headquarters of the commune-level People’s Committee, the former permanent residence of the person who left the legacy; in case there is no permanent residence, it shall be posted at the commune-level People’s Committee, the person’s temporary residence for a limited time. If above places are not identified, then list at the commune-level People’s Committee, where the estate of the person who left the legacy is located.

After 15 days of listing, there are no complaints or denunciations, the notary agency certifies the written agreement on the division of inheritance.

Step 2: Carry out procedures for changing the name of the land use right certificate with the heirs

The heirs shall go to the Land Registration Office under the Department of Natural Resources and Environment or the agencies receiving the dossier according to the regulations of the provincial People’s Committee to carry out the procedures for transferring to the name of land use rights and assets attached to land.

Based on the dossier, the housing authority will inspect, locate the land plot, and send it to the tax office to determine the financial obligation (if any).

Taxes and fees to pay when transferring to the name of land use rights in case of inheritance:

– PIT: For income from inheritance (including houses, construction works formed in the future in accordance with the law on real estate business) between husband and wife; biological father, natural mother with biological children; adoptive father, adoptive mother with adopted child; father-in-law, mother-in-law with daughter-in-law; father-in-law, mother-in-law with son-in-law; grandfather, grandmother to grandson, grandfather to grandchild; siblings will be exempt from PIT. The remaining inheritance cases will be subject to PIT of 10% of the value of the real

– Registration fee: 0.5% of the value of the property inherited.

– Notary fee: based on the value of the heritage and detailed instructions in Circular 257/2016 / TT-BTC.

– Fees for issuance of land use right certificates: Depending on the locality, there will be different revenues

– Application appraisal fee: Depending on the locality and applicable in case of initial issuance or reissuance or change of information in the certificate.

Step 3: Apply and receive certificates of land use rights, assets attached to land

After the notice of the tax authority, the state management agency will send a tax payment notice for the landlord to pay financial obligations at the tax office (if the landlord is not subject to payment or exempt from paying financial obligations, there is no such step).

After paying taxes, the landlord shall submit tax receipts and registration fees to state management agencies to receive certificates of land use rights and assets attached to land.

2. Notes when carrying out the procedure for transferring to the name of the declaration of inheritance.

The time to carry out procedures for issuance of certificates of housing ownership and land use rights to buyers is up to 30 days from the date of receipt of sufficient valid documents. This time does not count towards the time when the landlord goes to pay financial obligations to the State.

Usually, the procedures for declaring inheritance will take a lot of time, because during the declaration can lead to many disputes about inheritance, inheritance left and settled in court.

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

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

27/07/202303/08/2023

Legal provisions on house ownership rights for foreigners in Vietnam

1. Foreign organizations and individuals are entitled to own houses in Vietnam

Foreign organizations and individuals investing in building houses under projects in Vietnam in accordance with the Law on Housing 2014 and relevant laws;

Conditions for foreign organizations and individuals to own houses in Vietnam

For foreign organizations and individuals invest in building houses under projects in Vietnam in accordance with the provisions of law, they must have investment certificates and have houses built in the project in accordance with the provisions of law;

A foreign organization must be an entity specified in Article 159 of the Law on Housing which has investment registration certificate or a permission issued by a Vietnam’s competent authority for operation in Vietnam which is still unexpired at the time of housing transaction (hereinafter referred to as investment registration certificate)

A foreign individual must have an unexpired passport bearing the entry seal of the Vietnam’s immigration authority and not given diplomatic immunity and privileges according to Ordinance on diplomatic immunity and privileges of diplomatic missions, consular offices, and representative authorities of international organizations in Vietnam.

2. Rights and obligations of housing owners being foreign organizations and individuals

Rights of housing owners

– Enjoy inalienable rights to his/her lawful housing;

– Use the housing for residential purposes and other purposes not prohibited by regulations of law;

– Obtain the Certificate of the house(s) under their lawful homeownership as prescribed in this Law and law on land;

– Sell housing or transfer the agreement on housing purchase, lease , lease and purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorize housing management ; if the agreement on housing gifting or inheritance is concluded with an entity ineligible for the homeownership in Vietnam, such entity is only entitled to the value of the house;

– Share the public utilities in that residential area as prescribed in this Law and relevant regulations of law.

– In case a foreigner is the owner of an apartment building, he/she shall have the common ownership and use rights to the common ownership of the condominium and the infrastructure works used in the common use of such apartment building, except for works built for business or must be handed over to the State in accordance with the provisions of law or as agreed upon in the purchase and sale contract, leases for the purchase of housing;

– Maintain, renovate, demolish and rebuild his/her house as precribed in regulations of law;

– Receive the compensation as prescribed in regulations of law or payment according to fair market price when their house is demolished, imposed compulsory purchase order, or commandeered by the State for national defense and security purposes; for socio-economic development purposes, or in the state of war, state of emergency, or disaster situations;

– File complaints, denunciation, or lawsuits over violations against their lawful ownership and other violations against law on housing.

– In case of building houses on leased land, they are only entitled to rent houses.

Obligations of foreigners when owning houses in Vietnam.

– Use the house for proper purposes as prescribed; compile and store documents on their house;

– Comply with regulations on fire safety, hygiene, environment, social safety and order as prescribed;

– Comply with regulations on housing sale or transfer of agreements on housing sale, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorization of housing management; and comply with the Law on marriage and family when the house which is matrimonial property is transacted.

– Comply with regulations of law and do not cause damages to benefits of the State, public, or lawful rights and interests of other households or individuals when their house is maintained, renovated, demolished, or rebuilt; if the homeowner is eligible for fix-term homeownership prescribed in Law on Housing, the house shall be renovated or demolished under the agreement between contracting parties;

– Purchase insurance against fire pertaining to the house subject to insurance against fire as prescribed in law on fire safety and law on insurance business;

– Implement effective decisions on actions against violations, disputes, complaints, or denunciation of housing, housing compensation, relocation, or demolishment made by the competent agency when the State withdraws their land, conducts land clearance, imposes compulsory purchase orders;

– Enable related entities and competent persons to carry out the inspection, observation, or maintenance of equipment systems, technical infrastructure, or common areas;

– Fulfill financial obligations to the State when their homeownership is recognized, their transactions are conducted and over the period in which the house is used as prescribed.

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

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

27/07/202303/08/2023

HOUSING RIGHTS FOR FOREIGNERS IN VIETNAM