PROCEDURES FOR ISSUANCE OF VISA EXEMPTION CERTIFICATE

I. Cases of Visa Exemption Certificate

1. Vietnamese people residing overseas who have passports or laissez-passers issued by foreign authorities and foreigners being their spouses or children.
2. Foreigners being spouses and children of Vietnamese citizens.

II. Conditions for Visa Exemption Certificate

1. Having a passport or another international travel document that is still valid for at least one more year.
2. Having documents proving that he/she is a person eligible for visa exemption
3. Not banned or suspended from entry or exit as prescribed in Article 21 and Article 28 of the Law on entry, exit, transit, and residence of foreigners in Vietnam.

III. Order of execution in Vietnam

Step 1: Each person who is temporarily residing in Vietnam and wishes to obtain a certificate of visa exemption shall submit the dossiers to Immigration Department.

Step 2: Within 05 working days from the receipt of satisfactory documents, Immigration Administration shall consider issuing the certificate of visa exemption.

IV. Dossiers

1. The passport or another international travel document, or a permanent residence permit issued by an authority of the foreign country to the Vietnamese person residing therein.
2. An application form for issuance/reissuance of visa exemption certificate
3. 02 Photo (01 picture fixed on the application form).
4. Documents proving eligibility for visa exemption:

– The applicant who is a Vietnamese person residing overseas shall submit a certified true copy (or a copy enclosed with the original for comparison) of one of the following documents: birth certificate, decision to permit renouncement of Vietnamese nationality or certification of loss of Vietnamese nationality, other documents showing/proving the person’s Vietnamese nationality;

– The applicant who is a foreigner shall submit certified true copies (or copies enclosed with the originals for comparison) proving that he/she is a spouse or child of a Vietnamese citizen or a Vietnamese person residing overseas;

– In case there are no papers proving that the applicant is a Vietnamese person residing overseas, the overseas visa-issuing authority of Vietnam shall examine the applicant’s documents which show that he/she is of Vietnamese descent to decide whether to accept the application.

V. Duration of Visa Exemption Certificate

The maximum duration of a visa exemption certificate is 05 years and must be at least 6 months shorter than that of the holder’s passport or international travel document.

VI. Format of Visa Exemption Certificate

1. The certificate of visa exemption is issued in the passport. A detached certificate shall be issued if:

– All pages of the passport for granting visa are used;

– The passport is issued in a country who has not established a diplomatic relation with Vietnam;

– Another international travel document is used instead of a passport;

– A detached certificate is requested by the applicant;

– A detached certificate is needed for diplomacy, national defense and security purposes.

1. Each person shall be granted a separate certificate of visa exemption. Any parent and children who share the same passport shall be granted a single certificate of visa exemption.

VII. Temporary period according to the Visa Exemption Certificate

1. If the visa exemption certificate is valid for more than 6 months:

– Per entry, visa exemption holders are allowed to stay for 180 days

– If there is a need to continue to stay in Vietnam, they will be considered for an extension of temporary residence when there is a guarantee and a good reason, each extension is valid for up to 180 days (or equal to the remaining term of the visa).

1. If the visa exemption certificate is valid for less than 6 months, the temporary period will be equal to the validity of the visa exemption certificate and cannot be extended.

VIII. Fee

– Fee for issuance of the first visa exemption certificate: 20 USD.

– Fee for issuance of visa exemption certificate from the second time onwards: 10 USD.

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

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

23/12/202223/12/2022

PROCEDURES OF CHARTER CAPITAL REDUCTION OF JOINT STOCK COMPANY (WHICH HAS FOREIGN INVESTMENT)

I. Cases of charter capital reduction

– In accordance with Decision of General Meeting of Shareholders (GMS), company returns the capital contributions to shareholders in proportion to their holdings (if the company has operated for at least 02 consecutive years from the date of business registration and has ability to fully pay its debts and fulfill its duty after the return of capital).

– The company repurchases the sold share.

– The charter capital is not contributed fully and punctually by shareholders.

II. Procedures of reducing charter capital

1. Register for changing the business registration information

Step 1: Submit applications for charter reduction to Business Registration Office – Department of Investment and Planning where the enterprise’s headquarter is located or submit online on National Registration Portal via: https://dangkykinhdoanh.gov.vn

Step 2: Within 03 working days from the receipt of valid documents, the Business Registration Office shall give the receipt slip, check the validity of received documents and grant the business registration certification for the enterprise.

2. Application for investment project adjustment

Step 1: Submit dossiers for investment project adjustment to the Department of Foreign Economic Affairs – Department of Planning and Investment where the enterprise’s headquarter is located.

Step 2: Within 10 days from the receipt of valid documents, the Department of Foreign Economic Affairs shall issue a new Investment Registration Certificate to investors..

Note:

– The company shall has ability to fully pay its debt and fulfill its duty after the charter capital reduction.

– In some cases, the authority shall inspect to ensure the charter capital reduction of the enterprise is valid.

III. Dossiers

Dossiers for register for changing the business registration information

Dossier shall comprise following documents:

– Notification of the business registration information change which is signed by the legal representative;

– The meeting minute of GMS on change in charter capital;

– The decision of GMS on change in charter capital;

– The list of foreign investors (if there is any change in the foreign investors);

– The certified copy of Investment Registration Certificate;

– The commitment to fully pay the unpaid debt and fulfill financial obligations of the enterprise after the charter capital reduction.

Dossiers for investment project adjustment

Dossier shall comprise following documents:

– Applications for investment project adjustment;

– Report on investment project’s progress by the time of the adjustment;

– The meeting minute of GMS about investment project adjustment;

– The decision of GMS about investment project adjustment;

– Financial report within the last 2 years;

– Enterprise registration certificate (original);

IV. Fees

According to Circular 47/2019/TT-BTC, the fee for publishing the enterprise registration information is: 100.000 VNĐ per turn

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to procedures of charter capital reduction of Joint Stock Company (which has foreign investment).

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

15/12/202215/12/2022

PROCEDURES FOR ISSUANCE OF CERTIFICATE OF VIETNAMESE NATIONALITY

I. Authority to issue Certificate of Vietnamese nationality

The applicant for a Certificate of Vietnamese nationality shall submit a dossier at the Department of Justice, where he or she resides in the country, or a representative mission, where he/she resides in a foreign country at the time of application submission.

II. Condition

Vietnamese people residing abroad have not lost their Vietnamese nationality

III. Order of implementation (In Vietnam)

Step 1: Person wishing to confirm his/her Vietnamese nationality shall submit their dossiers directly at the Department of Justice of their residence or via the postal system.

Step 2: The Department of Justice receives the dossier, checks the validity and completeness of the documents included in the dossier:

+ If the application is complete and valid, it shall be recorded in the Acceptance Book and issued with a Certificate of Acceptance according to the prescribed form.

+ In case the application is incomplete or invalid, the applicant shall provide written instructions for supplementing and completing the application.

Step 3: Settlement of records

* Case 1: Having papers proving Vietnamese nationality:

Within 05 working days from the day on which the application is accepted, the Department of Justice shall examine the dossier, directly search it or send a written request to the Ministry of Justice to look up Vietnamese nationality.

Within 10 working days, the Ministry of Justice shall conduct a search and reply in writing to the Department of Justice. If there is doubt about the authenticity of documents proving Vietnamese nationality, the Department of Justice shall request the agency that has issued such papers to verify; within 10 days after receiving a written request from the Department of Justice, the agency that has issued that document shall verify and send a written reply to the Department of Justice.

Within 5 working days from the date of receipt of the search and verification results, if there are enough grounds to determine the Vietnamese nationality and the person is not on the list of persons entitled to renunciation of their nationality or deprived of their nationality, naturalization, the decision to naturalize Vietnam has been annulled, the Department of Justice shall record it in the Certificate of Vietnamese nationality issuance; the head of the agency shall sign and issue a certificate of Vietnamese nationality according to the prescribed form to the requester.

If there is no basis for granting a certificate of Vietnamese nationality, the Department of Justice shall reply in writing to the requester.

* Case 2: There is no document to prove Vietnamese nationality, but there are papers as a basis for determining Vietnamese nationality according to the provisions of Clause 2, Article 28 of Decree No. 16/2020/ND-CP:

Within 05 working days from the day on which the application is accepted, the Department of Justice shall actively search or request the Ministry of Justice to look up Vietnamese nationality.

Within 10 working days, the Ministry of Justice shall conduct a search and reply in writing to the Department of Justice. At the same time, the Department of Justice shall send a written request to the police office of the same level to verify the identity of the requester; within 45 working days from the date of receipt of the request of the Department of Justice, the police authority shall verify and send a written reply to the Department of Justice.

Within 05 working days from the date of receipt of the search and verification results, the Department of Justice shall continue to proceed with the same settlement as in case 1.

Step 4: The applicant based on the appointment date on the receipt to receive the settlement result at the Department of Justice as follows:

+ 1st time: Receive the result of processing the dossier or receive the notification that the dossier has been transferred for verification at the relevant agencies.

+ 2nd time: Receive the result of handling the application or the rejection document.

IV. Dossier composition

* Case 1: Having papers proving Vietnamese nationality:

+ An application form for a certificate of Vietnamese nationality (form TP/QT-2020-TKXNCQTVN), enclosed with 02 4×6 photos taken less than 6 months;

+ A copy of the person’s identity document such as identity card, citizen identification, residence document, temporary residence card, travel document, international travel document or certification of travel personal identity with a photo issued by a competent authority;

+ A copy of a valid document proving Vietnamese nationality as prescribed in Article 11 of the Law on Vietnamese Nationality (which is one of the following papers: Birth certificate, in case the birth certificate does not clearly show Vietnamese nationality) If male, must be accompanied by papers proving the Vietnamese nationality of parents; ID card; Vietnamese passport; Decision on naturalization of Vietnam, Decision on returning Vietnamese nationality, Decision on publicity. adoption of a foreign child, a decision for a foreigner to adopt a Vietnamese child) or a similar document issued by a previous government, including a birth certificate in which no there is a nationality section or a nationality section is left blank but on it are the Vietnamese names of the requester and his or her parents;

+ Papers proving the place of residence are one of the following documents: household registration book, temporary residence book, permanent residence card, temporary residence card (if any), in case the above documents are not available, the place of residence The applicant’s residence is the place where he/she is currently living and has the certification of the ward, commune or township police of his/her residence in the locality.

* Case 2: There is no paper to prove Vietnamese nationality, but there are papers as a basis for determining Vietnamese nationality according to the provisions of Clause 2, Article 28 of Decree No. 16/2020/ND- CP :

+ An application form for a certificate of Vietnamese nationality (form TP/QT-2020-TKXNCQTVN), enclosed with 02 4×6 photos taken less than 6 months old;

+ A curriculum vitae enclosed with one of the papers used as a basis for determining Vietnamese nationality:

Copies of papers on nationality, civil status, household registration, identification or other papers issued by competent Vietnamese authorities to Vietnamese citizens over the period from 1945 to before July 1/ 2009, including Vietnamese nationality or information related to Vietnamese nationality and citizens.
Copies of papers on nationality, civil status, household registration, identification or other documents issued by the former regime in South Vietnam before April 30, 1975, or papers issued by the former government in Hanoi from from 1911 to 1956, including Vietnamese nationality or information related to Vietnamese nationality and citizens.

+ Papers proving the place of residence are one of the following documents: household registration book, temporary residence book, permanent residence card, temporary residence card (if any), in case the above documents are not available, the place of residence The involved party’s residence is the place where he/she is living and has the certification of the ward, commune or township police of his/her residence in the locality.

– Where the law stipulates that the documents to be submitted are copies, the petitioner for settlement of nationality matters may submit documents which are photocopies from the originals, certified copies from the originals or granted copies. from the original book. If submitting a photocopy from the original, the original must be submitted for comparison; the person receiving the dossier shall check, compare the copy with the original and sign for verification.

In case the application is sent via the postal system, the copy of the document must be certified from the original or issued from the original book; The application, declaration, and curriculum vitae must be authenticated with signatures as prescribed by law.

V. Settlement time

– 20 working days for cases with documents proving Vietnamese nationality.

– 55 working days in case there is no proof of Vietnamese nationality.

VI. Fee

100,000 VND/case

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to procedures for issuance of certificate of Vietnamese nationality.

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

09/12/202209/12/2022

PROCEDURES OF THE BUSINESS SUSPENSION

I. Definition of the business suspension

According to Article 41 Decree 01/2021/ND-CP: “Business suspension is the legal status during its business suspension as prescribed in Clause 1 Article 206 of the Law on enterprises”

II. Cases of the suspension

According to Article 206 Law on Enterprise 2020, enterprises shall suspense their business in case of:

– Enterprises cannot fully satisfy conditions in restricted business lines in accordance with law.

– The suspension based on company’s decision.

– The relevant authority request the suspension in accordance with. regulations of law on tax administration, environment and relevant laws.

III. Conditions for the suspension

The enterprise shall send the notification of business suspension registration to the Business Registration Office 03 working days before business suspension

The period of business suspension must not exceed over 01 years.

During the suspension period, businesses shall fully pay the unpaid tax, social insurance, health insurance, unemployed insurance and fulfill their duty in contract with clients, employees, unless enterprises, creditors, clients and employees have another agreement.

IV. Competent authority

The Business Registration Authority of the province where the enterprise or its branch/ representative office/ business location is located shall grant the business suspension certification.

V. Dossiers for business suspension registration (in case the suspension based on company’s decision)

According to Article 66 Decree 01/2021/ND-CP, the enterprise shall prepare following documents:

– The notification of business suspension;

– Decision and the copy of meeting minute of Board of the Board of Members of the multi-member limited liability company or partnerships, or of the General Meeting of Shareholders of the joint-stock company, or the resolution or decision of the owner of the single-member limited liability company on enterprise suspension.

VI. Procedures of the business suspension

Step 1: The enterprise shall send business suspension notification to The Business Registration Authority where the enterprise or its branch/ representative office/ business location is located at least 03 working days before the business suspension.

Step 2: After receiving the business registration documents, The Business Registration Authority shall give confirmation slip, examine the validity of received documents, and issue a business suspension certification at least 03 working days from the receipt of valid documents.

Step 3: The Business Registration Authority shall update the legal status of the enterprise, its branch/representative office, business location on National Registration Portal to the suspension status

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

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

08/12/202209/12/2022

PROCEDURES OF ADJUST THE LOCATION OF THE PROJECT IN BUSINESS REGISTRATION CERTIFICATE

I. Dossiers for the adjustment

According to Article 47 Decree 31/2021/ND-CP, investors shall prepare 01 folder which comprises following documents:

– Documents request for the project adjustment;

– Report on investment project’s progress by the time of the adjustment;

– Decision of investors about investment project adjustment;

– Explanation of the investment projects adjustment;

– Certified copy of Investment Registration Certificate, Enterprise Registration Certificate;

– Certified copy of location renting contract;

– Certified copy of Land use rights certificate of the lessor or other valid documents.

II. Procedures for the adjustment

Procedures of adjust the location of the project in Enterprise Registration Certificate which is subject to approval of investment guidelines include:

Step 1: The investor submits 01 folder which includes documents mentioned above.

Step 2: Within 10 days from the receipt of valid documents, the investment registration authority shall adjust the Enterprise Registration Certificate.

III. Competent Authority

According to Article 39 Law on Investment 2020:

– The Management Board of industrial parks, export processing zones, hightech zones, economic zones adjust the Enterprise Registration Certificate of investment projects located therein.

– The Department of Planning and Investment adjusts the Enterprise Registration Certificate of investment projects located outside industrial parks, export processing zones, hightech zones, economic zones.

– Business Registration Authority where investors locate or plan to locate their operating offices to execute their investment project shall adjust the Enterprise Registration Certificate in following projects:

a) Any Investment project executed over multiple provinces;

b) Any Investment project executed inside and outside industrial parks, export processing zones, hightech zones and economic zones;

c) Any Investment project executed inside industrial parks, export processing zones, hightech zones and economic zones where the management board of projects is not established or does not have the authority.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to adjust the location of the project in Business registration certificate.

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

08/12/202208/12/2022

PROCEDURES OF WORK PERMIT EXEMPTION FOR WORKERS WHO PERFORM INTERNAL TRANSFER WITHIN THE COMPANY

I. What are work permit exemption procedures?

In fact, work permit exemption procedures are procedures of certifying workers who are not eligible to have work permit

Foreign workers who are subjects prescribed in Decree 152/2020/ND-CP are in work permit exemption.

II. The scope of work permit exemption for employees who perform internal transfer within the company

According to Decree 152/2020/ND-CP, workers perform internal transfer within the company shall be in scope of 11 sectors listed in Vietnam’s Schedule of World Trade Organization Commitments, including: business services, communication services, construction services, contribution services, education services, environment services, finance services, health services, tourism services, entertainment services and transportation services.

The category of 11 sectors in Vietnam’s Schedule of World Trade Organization Commitments applied to foreign workers who are managers, chief executive officers, experts, technical workers is prescribed in Circular 35/2016/TT-BCT.

III. Procedures of of work permit exemption for employees who perform internal transfer within the company

Step 1: Submit the explanation of labor demand to The Ministry of Labour – Invalids and Social Affairs.

The validity period: 7 working days

Step 2: The Ministry of Labour – Invalids and Social Affairs shall have the authority to grant certification of exemption from work permit for foreign workers.

The validity period: 5 working days

IV. Dossiers in an application for certification of exemption from work permit for foreign workers.

a) Application forms for certification of work permit exemption of foreign workers according to Form No.09/PLI provided in Annex I Decree 152/2020/ND-CP

b) Medical Checkup as prescribed in Clause 2 Article 9 Decree 152/2020/ND-CP

c) A document on approval of the demand for foreign workers ;

d) A valid certified true copy of passport in accordance with Law

e) A certified true copy of the Business registration certificate;

f) A certified true copy of the Investment registration certificate;

g) Documents proving foreign workers’ eligibility to exemption of work permit

Documents specified above shall be original or certified copy, Foreign-language documents shall be consular legalized, translated into Vietnamese and be certified unless It is exempt from consular legalization under Treaties to which The Social Republic of Vietnam and foreign countries are parties or under the principle of reciprocity in accordance with law.

V. The validity period for a certification of work permit exemption

The validity period of a certification of exemption from work permit must not exceed 2 years.

In case of re-issued certification, its validity period must not exceed 2 years

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

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

25/11/202225/11/2022

LABOR DISPATCH BUSINESS LINES OF FOREIGN BUSINESSES

I. Definition of labor dispatch sector

According to Article 52 The Labor Code 2019:

Labor dispatch is defined as an act in which an employee enters into an employment contract with a labor dispatch agency whereby an employee is assigned to work under management of another employer while maintaining a labor relationship with an employer with whom the employment contract was signed.

Labor dispatch is:

- A conditional sector
- Only be conducted by businesses which have Labor dispatch licenses
- Only apply to some particular types of work

Provisions of labor dispatch is stipulated in Section 5 Chapter III The Labor Code 2019 and Decree 145/2020/ND-CP.

II. Does the foreign investor have the ability to conduct labor dispatch activities in Vietnam?

According to Annex IV Decree 31/2021/ND-CP, Labor dispatch is a conditional sector thus investors have to consider the market access conditions applied to foreign investors which are stipulated in international treaties that Vietnam is a member. However, the labor dispatch sector is not currently stipulated in WTO, FIAs’ commitment. Therefore, foreign investors who are planning to conduct labor dispatch activities in Vietnam shall have the approval of The Ministry of Planning and Investment, The Ministry of Sector Management.

III. Conditions of conducting labor dispatch of foreign businesses

In order to conduct labor dispatch activities in Vietnam, the business shall have the approval of The Ministry of Planning and Investment, The Ministry of Sector Management and investment project which has been issued an Investment Registration Certificate (IRC). In addition, according to Article 12 Decree 145/2020/ND-CP, foreign businesses also have to fulfill following conditions:

– The foreign business is established under The Enterprise Law;

– The foreign business is issued The Labor dispatch license;

– The foreign business recruits, enters into contracts with employees before assigning them to work under management of another employer while maintaining labor relationships with an employer with whom the employment contract was signed;

– Conducting in the granted sector which is stipulated in Annex 2 Decree 145/2020/ND-CP.

IV. License for conducting labor dispatch

*Conditions for licensing

About the representative: the business’s representative conducts labor dispatch activities shall meet following conditions:

– Being the representative according to provisions stipulated in Enterprise Law;

– Having no Criminal record;

– Having directly worked as specialists or managers in labor dispatch or labor supply for 03 years (36 months) or more within 05 consecutive years before applying for license.

About the business: foreign business has made a deposit of 2.000.000.000 VND (two billion VND)

*Dossiers of application for a license

– The business’s written application for a license;

– The curriculum vitae of the legal representative or the judicial record card in the country of nationality;

– Documents proving the period of direct work as a specialist or a manager in labor dispatch of a business’s representative;

– Certificate of deposit for labor dispatch activities.

Note: The judicial record shall be issued no more than 06 months from the date of the application submission. The judicial record, Proving documents in foreign language shall be translated into Vietnamese, authenticated and consular legalized in accordance with law

*Cases in which license are not granted

– Fail to meet the licensing conditions;

– Use a fake license to conduct labor dispatch activities;

– Have a legal representative who used to be a representative of a business whose license has been revoked for the reasons specified at Points d, đ and e, Clause 1, Article 28 of this Decree for 05 consecutive years immediately before applying for a license for labor dispatch;

– Have a legal representative who used to be a representative of a business using a fake license.

V. Procedures of licensing

Step 1: The business shall submit an application for a license to the Department of Labor, War Invalids and Social Affairs where the enterprise’s headquarter is located to apply for a license.

Step 2: After considering valid documents, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the application for a permit

Step 3: Within 20 working days from the date of receipt of the secured application as prescribed, the Department of Labor, War Invalids and Social Affairs shall verify and submit it to the Chairman of the provincial People’s Committee for issuance of a license to the enterprise.

In case the dossier is not secure as prescribed, within 10 working days from the date of receiving the dossier, the Department of Labor, War Invalids and Social Affairs shall send a written request to the business to complete the dossier.

Step 4: Within 07 working days from the date of receiving the dossier submitted by the Department of Labor – Invalids and Social Affairs, the Chairman of the provincial People’s Committee shall consider and grant the license to the business; in case the license is not granted, the business shall be receipt documents stating the reason for not granting the license.

*Competent authority for licensing

The Chairman of the People’s Committee of the province where the business’s headquarter is located has the authority to grant, extend, re-issue and revoke license for businesses.

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

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

24/11/202224/11/2022

THE PROCEDURE OF CONVERSION OF MULTI-MEMBER LIMITED LIABILITY COMPANY TO ONE MEMBER LIMITED LIABILITY COMPANY

I. Cases of conversion

Cases in which the multi-member LLC shall convert to one member LLC includes:

One member is transferred all stakes of other members in multi-member LLC.

A person or an organization which is not a member of multi-member LLC is transferred 100% stakes of other members in multi-member LLC.

II. Dossiers of conversion

According to Article 24, Article 26 Decree 01/2021, dossiers of conversion of multi-member LLC to one member LLC includes:

1. The enterprise registration application;

2. The company’s charter;

3. Copies of the following legal documents:

a) Identity Card/Passport for the legal representative of the company;

b) Identity Card/Passport if the owner of the company is a person; Certification of business registration if the owner of the company is a organization (except for the case the company’s owner is the government); Identity Card/Passport for the authorized legal representative of the company and the document designating the authorized representative.

*If the owner is foreign organization, the copy of Establishment Decision/Business Registration Certification shall be legalized.

4. Conversion contract or documents which prove the completion of conversion in case of transferring stakes; Donation agreement in case of giving away stakes; Copies of application for probate of the heir in case of inheritance; Acquisition contract, consolidation contract in case of acquire, consolidate company;

5. The resolution, decision and copy of meeting minutes of Board of members about the conversion to one member LLC;

6. Approval documents of Investment registration authority in case the capital contribution registration, shares buying, stakes buying, shall be carried out according to Investment Law provisions.

III. Procedures

Step 1: Board of members has a meeting and makes a decision of conversion of the enterprise.

Step 2: Prepare dossiers as prescribed in law for the conversion to one member LLC.

Step 3: Submit documents directly at Business Registration Office – Department of Planning and Investment of district/city where enterprise’s headquarter is located or submit online on National Enterprise Registration Portal (https://dangkykinhdoanh.gov.vn).

Step 4: The business shall post the notification as prescribed in law provisions.

Duration for documents preparation and notification posting:

Conversion of types of business shall be submitted at the Business Registration Office – Department of Planning and Investment of district/city. Within 03 working days from the date of the receipt of valid conversion documents, the Business Registration Office shall issue a new Business Registration Certification.

Duration for notification posting is 30 days from the date the business is issued One member LLC Registration Certification.

IV. Fees

According to Circulars 47/2019/TT-BTC, fees to convert types of business is 50.000 VND per time in case of direct submission and 100.000 VND per time in case of online submission.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Conversion from multi-member limited liability company to one-member limited liability company.

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

21/11/202221/11/2022

THE PROCEDURES OF DISSOLUTION OF FOREIGN-INVESTED ENTERPRISES

I. Cases of dissolution of foreign-invested enterprises

Enterprises shall be dissolved in the following cases:

– The operating periods specified in the company’s charter expires without an extension decision;

– The enterprise is dissolved under a resolution or decision of the Board of Members and the owner (for limited liability companies) or the General Meeting of Shareholders (for joint stock companies);

– The enterprise fails to maintain the adequate number of members for 06 consecutive months without converting into another type of business

– The Certificate of Business registration is revoked (as prescribed in Article 212 Law on Enterprise 2020), unless otherwise prescribed by the Law on Tax administration.

II. Conditions for dissolution of foreign-invested enterprises

An enterprise may only be dissolved after:

– All of its debts and liabilities are fully paid and it is not involved in any dispute at the court or arbitration

– In case of revoking The Certificate of Business registration, relevant executives and the enterprise are jointly responsible for the enterprise’s debts.

III. The procedures of dissolution of foreign-invested enterprises

According to Article 207, 208 Law on Enterprise 2020 and Article 70 Decree No. 01/2021/ND-CP dated January 04 2021 on enterprise registration, procedures of dissolution of foreign-invested enterprises.

Step 1: Terminate the investment project

The business shall submit the termination of the investment project decision (including Certificate of Investment registration) to the Investment Registration Office within 15 days from the date which the decision occurs. The expected time to complete the termination of the investment project is 15 days from the submission of valid documents.

Step 2: Rarify the resolution, decision of dissolution of foreign-invested enterprises.

The resolution, decision shall contain the following information:

– The enterprise’s name and headquarters address;

– Reasons for dissolution;

– Time limit and procedures for finalization of contracts and payment of the enterprise’s debts;

– Plan for settlement of obligations under employment contracts;

– Full name and signature of the owner of the sole proprietorship, the company’s owner, the President of the Board of Members, the President of the Board of Directors;

Step 3: Notify the dissolution of the enterprise to The Business Registration authority where the enterprise’s headquarter is located

Within 07 days from the ratification date, the notification of enterprise’s dissolution which includes the following documents shall be sent to the Business Registration authority:

– The notification of enterprise’s dissolution;

– The resolution or decision on dissolution and the minutes of the meeting of the Board of Members, the Board of Directors or the owner about the dissolution of the enterprise;

– The debt payment plan (if any);

– The copy of certificate of investment registration, certificate of business registration or equivalent documents.

*The Business Registration authority shall upload documents stipulated in Clause 1 Article 70 Decree 01/2021/ND-CP and notify the business status which are in the dissolution procedures on National Enterprise Registration Portal

Step 4: The owner of the Board of Members or the owner, the Board of Directors directly organizes the liquidation of the enterprise’s assets, debts shall be paid in the order of priority;

Step 5: Carry out tax finalization and close Tax Identification Number

The business submits documents to Tax authority (including Certified Copy of Certificate of business registration and Certification of tax registration) to finalize tax and close Tax Identification Number

Step 6: Carry out dissolution registration to The Business Registration authority where the enterprise’s headquarter is located

Within 05 working-day from the date the business’s debt is fully paid, the enterprise shall submit the enterprise dissolution application to The Business Registration authority, which includes:

– The notification of enterprise’s dissolution;

– The report on liquidation of the enterprise’s assets, list of creditors and paid debts, including tax debts and social insurance debts, health insurance, unemployment insurance for employees after the dissolution decision is issued (if any);

Step 7: The Business registration authority shall update the status of the enterprise in the National enterprise registration database.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Dissolution procedure of foreign-invested enterprise.

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

17/11/202217/11/2022

CASES OF VAT REFUND

No.	Case of VAT refund	Legal Basis
1	A business establishment that pays VAT using credit-invoice method may offset input VAT that remains after deduction in the month or the quarter against VAT incurred in the next period. Where a business establishment has registered to pay VAT using credit-invoice method has a new investment project which is still in its investment stage, VAT on goods/services purchased serving the investment has not been deducted, and the remaining tax is at least VND 300 million, VAT shall be refunded.	Clause 3 Article 1 Law No. 106/2016 amending and supplementing a number of articles of the Law on Value Added Tax, the Law on Special Consumption Tax and the Law on Tax Administration
2	In a month (in case of monthly declaration) or quarter (in case of quarterly declaration), if the input VAT on exported goods/services (including goods that are imported and subsequently exported to non-tariff areas and the goods that are imported and subsequently exported to other countries) of a business entity remains at least VND 300 million after being offset against, it shall be refunded by month or quarter. If such input VAT is less than VND 300 million, it shall be offset against in the next month/quarter. In case a business establishment has both exported goods/services and goods/services sold domestically and input VAT on exported goods/services that remains at least VND 300 million after being offset against tax payable, it shall be refunded. Input VAT on purchases used for manufacturing of exported goods/services shall be separately recorded. Otherwise, input VAT shall be determined according to the ratio of revenue from exported goods/services to total revenue from goods/services accrued from the tax period succeeding the period in which tax is refunded to the current period in which tax refund is claimed.	Clause 3 Article 1 Law No. 106/2016 Clause 3 Article 1 Decree No. 146/2017/NĐ-CP
3	Business establishments which pay value-added tax according to the tax credit method are entitled to value-added tax refund if upon ownership transformation, enterprise transformation, merger, consolidation, separation, split, dissolution, bankruptcy or operation termination, they have an overpaid value-added tax amount or have some input value-added tax amount not yet fully credited.	Clause 3 Article 13 Value added tax Law
4	Business establishments that have registered for business and value-added tax payment according to the tax credit method (including newly established business establishments from investment projects), have new investment projects (including investment projects divided into several investment phases or investment categories) according to regulations of the Law on Investment in areas of the same or different provinces and cities where their headquarters are located (except for cases prescribed in Point c of this Clause, investment projects on construction of houses for sale, and investment projects that do not create fixed assets) that are in the investment phase or projects on prospection and projects to search, prospect, and develop oil and gas fields that are in the investment phase, and have the input value-added tax of goods and services incurred during the cumulative investment phase that have not been fully deducted from at least 300 million VND, shall be eligible for the value-added tax refund.	Decree No. 209/213/NĐ-CP

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11/11/202211/11/2022

THE DIFFERENCES BETWEEN NOTARIZATION AND AUTHENTICATION

I. What is Notarization?

Pursuant to clause 1 Article 2 Law on Notarization 2014, Notarization is verifying in the form of a written certification by a notary of a notarial practice organization related to the authenticity and lawfulness of a contract or another civil transaction (below referred to as contract or transaction) or of the accuracy, lawfulness and conformity with social ethics of the Vietnamese or foreign-language translation of a paper or document (below referred to as translation) of which is prescribed by law or voluntarily requested by an individual or organization to be notarized.

II. What is Authentication?

Pursuant to Article 2 of the Government Decree no. 23/2015/ND-CP, there are three (03) types of authentication:

(1) Authentication of copies of originals: competent agencies shall certify copies of the originals as true based on the originals.

(2) Authentication of signatures: competent agencies shall authenticate signatures on papers, documents as signatures of the person concerned

(3) Authentication of contracts and transactions: competent agencies shall authenticate time and venue where the contracts are executed; civil capacity, willingness, signatures or append fingerprints of contracting parties.

III. The differences between Notarization and Authentication

	Notarization	Authentication
Legal Regulation	Law on Notarization 2014	The Government Decree no. 23/2015/ND-CP
Authority	Notaries appointed by the Minister of Justice to conduct notarial practice (Clause 2 Article 2 Law on Notarization 2014)	Justice Office of provincial-affiliated districts and cities, People’s Committees of Communes, Diplomatic missions, consulate representative agencies and other agencies authorized to act as consuls in foreign countries; Notaries (Article 5 The Government Decree no. 23/2015/ND-CP
Nature	Verifying of the authenticity and lawfulness of a contract or other civil transaction. Therefore, a notary is responsible for the authenticity and lawfulness of those contracts and transactions.	Authenticate of signatures, documents, and events of their accuracy and reality of the documents. Authenticating persons shall not bear the responsibility for those document’s lawfulness.
Legal value	Higher legal value: Notarized contracts and transactions may be used as evidence; details and circumstances of notarized contracts or transactions are not required to be proven, unless such contracts or transactions are declared to be invalid by courts. 4. Notarized translations are valid for use as their translated papers or documents. (Clause 3, 4 Article 5 Law on Notarization 2014).	Lower legal value: 1. Copies certified as true from originals under this Decree have legal value when being used as substitutes for originals in transactions except otherwise prescribed by the law; 2. Authenticated signatures under this Decree have legal value in determining signer and his/her liabilities for the paper, document signed. 3. Authenticated contract under this Decree has legal value in serving as evidence of the time and venue where the contract is executed; civil capacity, willingness, signatures or append fingerprints of contracting parties. (clause 2,3,4 Article 4 Government Decree no. 23/2015/ND-CP

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10/11/202210/11/2022

NOTES ON TAXES WHEN IMPORTING LARGE DISPLACEMENT MOTORCYCLES

No.	Contents	Legal Basic
1	Import tax: 75%	Decree 122/2016/ND-CP
2	Special Consumption Tax: Two-wheeled motorcycles, three-wheeled motorcycles with a cylinder capacity of more than 125 cm3: 20%	Article 7 Law on Special Consumption Tax Amended in 2016
3	Value Added Tax: 10%	Value Added Tax Law 2008
4	Automatic import license: REMOVE this regulation. "Traders importing large displacement motorcycles of 175cm3 or more do not have to register for automatic import license at the Ministry of Industry and Trade, just need to carry out import procedures at the customs office according to current regulations".	Circular No. 27/2018 of the Ministry of Industry and Trade

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Importing large displacement motorcycles.

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04/11/202204/11/2022

THE PROCEDURE FOR EXTENSION OF LICENSE FOR ESTABLISHMENT OF REPRESENTATIVE OFFICE

I. Conditions for extension of license for establishment of representative office

Subject: Foreign traders who have been granted licenses for establishment of representative office.

Implementation time: at least 30 days prior to the expiration of the license.

Exception: Foreign traders prescribed in Article 44.

II. Competence to extend License for establishment of representative office

The Department of Industry and Trade of the province where the representative office is expected to be located outside industrial parks, export-processing zones, economic zones or hi-tech zones.

Management Boards of industrial parks, export-processing zones, economic zones or hi-tech zones (hereinafter referred to as Management Boards) shall extend the Licenses for establishment of the representative office which located in industrial parks, export-processing zones, economic zones or hi-tech zones.

*Note:

In case the establishment of representative office in fields prescribed by specialized legislative documents, the competence to extend licenses for establishment of representative office shall comply with provisions in those documents.

III. Application for extension of License for establishment of representative office

The application shall include:

- An application form for extension of the Licenses for Establishment of the representative office using the form promulgated by the Ministry of Industry and signed by a competent representative of the foreign trader;
- Notarized copies of the Certificate of Business registration or equivalent documents of the foreign trader (shall be translated into Vietnamese and certified or legalized by overseas diplomatic missions or Consulates of Vietnam in accordance with laws of Vietnam);
- Notarized copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents (shall be translated into Vietnamese and certified true in accordance with laws of Vietnam);
- Copies of the existing Licenses for Establishment of the representative office.

IV. Procedures for extension of the License for establishment of representative office

Step 1: At least 30 days prior to the expiration of the license, foreign traders shall apply for extension of the Licenses for Establishment of the representative office directly or by post or online (where applicable).

Step 2: Within 03 working days from the date of receipt of the application, the licensing agency shall examine such application and request the applicant to complete the application (if the application is incomplete) . The request for supplementation to the application shall be made only once during the processing of the application.

Step 3: Within 05 working days from the date of receipt of the valid application, the licensing agency shall grant an extension of the Licenses or establishment of the representative office to the applicant. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

Step 4: In case the extension of the Licenses for establishment of the representative office is not prescribed by specialized legislative document

- The licensing agency shall submit a written request for directions to the relevant Ministry within 03 working days from the date of receipt of the valid application
- Within 05 working days from the date of receipt of the request for directions from the licensing agency, the relevant Ministry shall submit the licensing agency a written notification of whether they approve for the application for extension of the Licenses for Establishment of the representative office
- Within 05 working days from the date of receipt of the notification from the relevant Ministry , the licensing agency shall send the applicant a written notice of whether the extension is granted or not. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

V. Fee of the extension of License for establishment of representative office

According to Circular 143/2016/TT-BTC, the extension fee is 1.500.000 VND/per license.

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02/11/202202/11/2022

ISSUANCE OF RETAIL LICENSE

I. Conditions for establishment of the first retail store or a retail store other than the first retail store not required to conduct an ENT

– Having a financial plan in order to establish the retail store;

– Not having any overdue tax debts if the applicant has been established in Vietnam for one (1) or more years;

– The location for establishing the retail store complies with the relevant planning in the geographical market area.

II. Authority to issue a retail store license

Pursuant to clause 2 Article 8 of the Decree 09/2018/ND-CP, The Department of Industry and Trade (DOIT) in the locality where economic organizations have foreign investment has its retail store shall have the authority to issue a retail store license after obtaining the written approval of the Ministry of Industry and Trade (MOIT).

III. Subject of a retail store license

Retail store licenses are issued to economic enterprises with foreign owned capital which have obtained a business licencs and retail store location data.

IV. Application file for issuance of a retail store license

1. Application for issuance of a retail store licence
2. Explanatory document containing:

– Location for establishing the retail store: address of the store; description of the general [common] area, related areas and areas to be used for establishing the store; and an explanation on satisfaction of the conditions for establishment of a retail store, enclosing the retail store location data;

– Business plan on trading by the retail store: presentation of the business plan and market development; the labour demand; and an assessment of the impact and socio-economic efficiency of the business plan;

– Financial plan for establishment of the retail store: business operational results on the basis of the audited financial statements for the most recent year if the applicant has been established in Vietnam for one (1) year or more; and an explanation of capital, capital sources and methods for mobilizing capital, enclosing financial data.

1. The documents from the Tax department proving that there are no overdue tax debts.
2. Notarized copies of the audited report of the most recent year in case it has been established in Vietnam for 1 year or more or notarized copies of the confirmation of capital contribution in case it is established in Vietnam under 01 year.
3. A notarized copy of the certificate of land use right at the location of the retail establishment
4. Notarized copies of the ERC, Notarized copy of IRC, Notarized copies of the Business license;

V. Sequence for issuance of the first retail store and for a second or further retail store if it is not necessary to conduct an ENT

Step 1. Lodging of the application file (2 sets) to DOIT (directly or via post or internet).

Step 2. Within three (3) working days after receipt of an application file, the DOIT shall check the file and request amendments if the file is incomplete or invalid.

Step 3. within ten (10) working days after receipt of a complete and valid application file, the DOIT shall check compliance with the conditions for establishment of a retail store.

– If the conditions are not satisfied, the licensing agency shall provide a written response setting out the reasons;

– If the conditions are satisfied, the licensing agency shall send the file requesting an opinion from MOIT.

Step 4. Within seven (7) working days after receiving the application file, MOIT shall provide written consent to issuance of the retail store license; and in the case of refusal to provide consent, shall provide a written response setting out its reasons.

Step 5. The DOIT shall issue the retail store license within three (3) working days after receipt of written consent from MOIT; but if MOIT refuses to provide consent, then the licensing agency shall in turn provide a written response [to the applicant] setting out the reasons.

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28/10/202228/10/2022

PROTECTION OF SOUND TRADEMARK

Sound trademark has been acknowledged and protected by law in many developed countries such as the United States, Japan, the EU, v.v. Under intellectual property law of these countries, detailed guidelines and regulations are set out

According to WIPO, a sound trademark may include: sounds that are music, which may be pre-existing, or newly composed for trademark purposes, or sounds that are not music existing in nature or sounds produced by man-made devices, machines or means.

In the US, registrable sound trademarks must be distinctive, arbitrary, unique and can create an impression on the customers of the trade source of the goods or services in relation to which it is used. Sound marks in EU are defined as a trade mark consisting exclusively of a sound or combination of sounds.

As Vietnam is integrating in the global trend, The office of the National Assembly has approved of the protection of sound marks as trademarks in the latest amendments of Intellectual Property Law on 16/06/2022. This is an important milestone for more future detailed regulations and development relating to intellectual property protection in Vietnam.

I. Criteria for registration

Provided for in Article 72 of the amended Intellectual property law, criteria for registrable sound trademarks include:

(1) be represented graphically

(2) has distinctive character that differentiate the mark owners’ goods and services from others

Regarding the mark sample in the application form, pursuant to the amendment to Article 105 of Intellectual Property Law, in case of a sound mark, the mark sample must be submitted as an audio file and an accurate graphic representation of the sound.

II. Sound not protected as marks

Aside from the sound not satisfying the registration criteria, as set out in the amendment to clause 1 Article 73 of Intellectual Property Law, sounds that are identical or confusingly similar to Vietnam’s national anthem or that of other countries or international anthem shall not be protected.

III. Effectiveness

Provided for in clause 2 Article 3 of Law amending and supplementing a number of articles of the Intellectual Property law 2022, provisions relating to the protection of sound trademark shall be effective as from 14 January 2023.

IV. Legal complications

Apparently, despite having taken a step to recognize the protection of sound trademark, which is revolutionary, Vietnamese regulations regarding this matter are still ambiguous and lacking. As a result, many legal complications may arise, namely, possible copyright infringement or complications in the registration proceeding due to sound trademarks’ unique and complicated nature.

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

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26/10/202226/10/2022

RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS AND DECISIONS ON DIVORCE IN VIETNAM

I. Jurisdiction

Pursuant to point 9 Article 29, point d clause 2 Article 39 and point b clause 1 Article 37 Code of Civil Procedure 2015, petitions for recognition and enforcement of foreign judgments or foreign decisions on divorce rendered outside of Vietnam shall fall under People’s Courts of provinces of the areas where the persons who are obliged to execute foreign courts judgments or decisions reside or work.

II. Prescriptive periods for filing applications for recognition and enforcement

The prescriptive periods for filing applications for recognition and enforcement as set forth in Article 432 Code of Civil Procedure 2015 is 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect.

III. Proceeding of recognition and enforcement

Step 1: Submit the documents to the Ministry of Justice (within the prescriptive periods mentioned above)

Step 2: The Ministry of Justice forwards the documents to the authorized Courts (05 working days)

Step 3: The Courts accept the dossier and work on the petition

Step 4: Preparation for consideration of applications (04 months from the
day on which the application was accepted). On a case-by-case basis, the Court shall issue one of the following decisions:

– To suspend the consideration of the application;

– To terminate the consideration of the application;

– To hold a meeting for considering the application.

Step 5: The Courts issue decision whether to refuse or recognize and enforce the foreign judgments and foreign decisions.

IV. Dossier for recognition and enforcement

The dossier for recognition and enforcement include an application and other documents enclosed thereof. Applications for recognition and enforcement pursuant to Article 433 of Code of Civil Procedure 2015 must contain the following principal details:

1. Full names and addresses of residence places or work places of the judgment creditors or their lawful representatives;

2. Full names and addresses of residence places or work places of the judgments debtors; in cases where the judgment debtors being individuals not having residence places or work places in Vietnam, their applications must also specify the addresses of the places at which the properties and assorted properties relating to the enforcement in Vietnam of foreign courts’ civil judgments/decisions exist;

3. Requests from judgment creditors; if foreign courts’ judgments/decisions have been partly enforced, the judgment creditors must clearly state the executed parts and the remaining parts requested for recognition and continued enforcement in Vietnam.

Applications in foreign languages must be accompanied by their Vietnamese versions which are duly notarized or authenticated.

The documents to be required to be enclosed with the application
with the following papers and documents:

1. Originals or certified copies of the judgment/decision issued by the foreign Court;

2. Documents made by the foreign Court or other competent foreign agencies certifying that such judgment/decision has taken legal effect, has not expired and should be enforced in Vietnam, except for when the details have already been clearly stated in the judgment/decision;

3. Documents made by the foreign Court or other competent foreign agencies certifying the lawful delivery of such judgment/decision to the judgment debtors who have to execute such judgments/decisions;

4. Documents made by the foreign Court or other competent foreign agencies certifying that they have been duly summoned are required in cases where the foreign Court rendered the judgment in the absence of the judgment debtors or their lawful representatives.

Documents enclosed with the application that are in foreign languages must be accompanied by their Vietnamese versions which are duly notarized or authenticated.

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21/10/202221/10/2022

THE SCOPE OF TRADEMARK PROTECTION IN THE CASE OF BLACK-AND-WHITE TRADEMARKS VS COLOURED TRADEMARKS

I. Trademark and colours

Trademark is an intellectual property protected by law. According to Article 72 Vietnam Intellectual Property Law 2005, amended and supplemented in 2009, 2019, a mark is protected when it satisfies two conditions:

(1) Being a visible sign in the form of letters, words, drawings or images, including holograms, or a combination thereof, represented in one or more colours;

(2) Being distinguishable.

Therefore, colour is one of the elements that define and contribute significantly to a trademark’s distinctiveness. The colours used in a mark, therefore, must be included in the Trademark Registration in order to be protected.

II. Scope of protection in the case of black-and-white trademarks and that of coloured trademarks

Black-and-white trademarks

The ground for trademark protection is the Certificate of Registered Mark. Thus, the scope of protection of a trademark will be determined by the sample of trademark enclosed in the Certificate of Registered Mark. In the case of black-and-white trademark, colours other than black and white would not be protected as part of a trademark.

However, it does not necessarily be implied that the mark owners are banned from using other colours in their black-and-white trademark. As stipulated in point 2 clause c Article 5 Paris Convention for the Protection of Industrial Property, the use of a trademark by the proprietor in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered shall not entail invalidation of the registration nor diminish the protection granted to the mark. The owners are able to use other colours in their black-and-white trademark as they do not alter the distinctive character of the mark. Nonetheless, such use may lead to several possible legal problems relating to trademark protection namely, (i) violation of other proprietor’s trademark; (ii) in case other people using identical or confusingly similar trademark with different colours, those colours would not be deemed as violating elements.

Coloured Trademarks

In order for coloured trademarks to be protected, the mark owners must include the colours in their registration form. Then, the registered colours are included in the mark’s protection scope. Therefore, the scope of protection in this case is broader and more efficient in minimizing the risk of trademark infringement.

However, although the protection scope of a colored mark is broader than that of a black-and-white mark, when registering a colored mark, the colors in the Trademark Registration Certificate constitute the “distinguishing characteristic of the mark” provided for in Article 5 of the Paris Convention. Therefore, the owners will not have the flexibility to use other colors for their trademark as for black and white trademarks.

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

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19/10/202219/10/2022

PROCEDURES FOR ISSUANCE BUSINESS LICENSE

I. Cases requiring obtaining Business license

Pursuant to Clause 1 Article 5 of Decree 09/2018/ND-CP, foreign-invested business entities conducting the following activities are required to obtain a Business license:

– Perform the goods retail distribution right excluding rice; sugar, articles with recorded images; and books, newspapers and magazines;

– Perform the import right and the goods wholesale distribution right with oil and lubricants;

– Perform the retail distribution right with sugar, articles with recorded images; and books, newspapers and magazines;

– Provide logistics services excluding logistic services sub-sectors for which Vietnam has committed to open the market in international treaties of which Vietnam is a member;

– Goods leasing excluding financial leasing; except for the leasing of construction equipment which includes operators;

– Provide trade promotion services excluding advertising services;

– Provide trade intermediation services;

– Provide e-commerce services;

– Provide services of arranging tendering/bidding for goods and services.

For other activities which do not fall within the aforementioned cases, Clause 1 Article 6 Decree 09/2018/ND-CP, foreign-invested business entities, economic organizations specified in point b and c of Clause 1 Article 23 of the Investment Law are exempted from obtaining Business license. They are able to conduct goods trading and directly related activities prescribed in Clause 1 Article 3 of this Decree after registering such activities with relevant documents in accordance with the provisions of the Law on Investment and the Law on Enterprises.

II. Conditions for issuance of a Business license

Firstly, for foreign investors belong to a country or territory which is a member of an international treaty of which Vietnam is also a member and there is a commitment to open the market for goods trading and directly related activities, the Law sets out 03 conditions that must be complied with:

(a) Meet market access conditions prescribed in the international treaty of which Vietnam is a member;

(b) Having a financial plan in order to undertake the activities for which a business license is requested;

Secondly, for foreign investors not from a country or territory which is a member of an international treaty of which Vietnam is also a member or in a case where there is not yet a commitment to open the market for business services in international treaties of which Vietnam is a member apart from the 2 conditions:

(a) Having a financial plan in order to undertake the activities for which a business license is requested;

(b) Not having overdue tax debts in a case where it has been established in Vietnam for one year or more.

There are additional criteria must be met, namely:

– In accordance with the provisions of specialized branch law;
– In conformity with the competitive level of domestic enterprises in the same operation sector;
– Ability to create jobs for domestic workers;
– Ability to contribute and level of contribution to the State budget

Thirdly, In case of goods for which Vietnam has not committed to open its market in international treaties of which Vietnam is a member such as: oils and lubricants; oil and lubricants; rice; sugar, articles with recorded images; and books, newspapers and magazines, apart from satisfying the conditions set forth in previous paragraph, there are notable provisions:

– In the case of goods being oil and lubricants: Consideration shall be given to licensing Perform of the right to import and right of wholesale distribution to foreign-invested business entities which conducts one of the following activities:

+ Produces oil and lubricants in Vietnam;
+ Produces or is permitted to distribute in Vietnam machinery, equipment and goods using special type of oil and lubricants.

– In the case of goods being rice; sugar, articles with recorded images; and books, newspapers and magazines, consideration shall be given to licensing to Perform the retail distribution right to foreign-invested business entities which already has a retail store in the form of a supermarket, mini-supermarket or convenience store in order to conduct retail at such store.

III. Business licensing authority

The Department of Industry and Trade where the head office of the foreign capital economic organizations located shall be in charge of this.

IV. Procedures for issuance of a Business license

Step 1: Submit the documents to the Department of Industry and Trade where the head office of the foreign capital economic organizations located shall be in charge of this (directly with or sent in the post or sent via the internet).

Step 2: After receipt of the file, Department of Industry and Trade check that file and request amendment if the file is incomplete or invalid within 03 working days.

Step 3: Within ten (10) business days after receipt of a complete and valid application file, Department of Industry and Trade shall check the file’s compliance with the relevant conditions:

– In case the conditions are not satisfied, the licensing agency shall provide a written response setting out the reasons.

– In case the conditions are satisfied:

+ Department of Industry and Trade shall issue a business license to undertake the activities prescribed in point a Clause 1 Article 5 of this Decree;

+ With other activities undertaken prescribed in Article 5 Decree 09/2018, the Department of Industry and Trade shall send the file requesting an opinion from Ministry of Industry and Trade and the line ministry in accordance with the provisions the Decree.

Step 4: Within fifteen (15) days from the date of receiving the application file from Department of Industry and Trade, Ministry of Industry and Trade and the line ministry shall provide written consent (or refusal) to issuance of the business license to Department of Industry and Trade.

Step 5. Within 3 working days after receipt of the written consent (or refusal) to issuance of the business license from Ministry of Industry and Trade, Department of Industry and Trade shall issue /refuse to issue the Business license.

V. Application file for issuance of a Business license

1. Request for issuance of a business licence (on standard form);

2. Explanatory document containing:

a) Explanation on the conditions for issuance of the corresponding business license in accordance with Article 9 of this Decree;

b) Business plan: Description of the contents and method of conducting the business activities; presentation of the business plan and market development; the labour demand; and an assessment of the impact and socio-economic efficiency of the business plan;

c) Financial plan: business operation results on the basis of the audited financial statements for the most recent year if the applicant has been established in Vietnam for one year or more; and an explanation of capital, capital sources and methods for mobilizing capital, enclosing financial documents;

d) Current business status of goods trading and directly related activities; financial status of the foreign-invested business entities up until the time of the request for the business license in the case of the business license prescribed in Clause 6 Article 5 of Decree 09/2018/ND-CP.

3. Document from the tax office stating that there are no overdue tax debts;

4. Copies of the enterprise registration certificate [ERC] and of the investment registration certificate [IRC] (if applicable) for the project of goods trading and directly related activities.

VI. Time scale of application process.

15 – 35 working days after the Department of Industry and Trade receive a complete and valid application file. The time scale can vary according to different cases.

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

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14/10/202214/10/2022

PROCEDURES FOR ESTABLISHMENT OF A 100% FOREIGN CAPITAL COMPANY PRODUCING CASHEWS FOR EXPORT

I. Legal basis

1. Investment Law 2020
2. Enterprise Law 2020
3. Decree no. 15/2018/ND-CP on food safety law
4. Circular no. 38/2018/TT-BNNPTNT
5. Circular no. 52/2015/TT-BYT.
6. Decree no. 136/2020/ND-CP detailing the Law on Fire Prevention and Fighting

II. Content

1. Investment Registration Certificate (IRC)

Pursuant to Investment Law 2020 and Enterprise Law 2020, foreign investors are allowed to establish 100% foreign owned companies for cashews production.

Estimated time to be granted an IRC: within 15-20 working days from the date of receiving valid dossiers.

1. Enterprise Registration Certificate (ERC)

“Certificate of business registration is a document recording business registration information that the Business Registration Office issues to an enterprise”.

Estimated time to be granted ERC: within 05 – 07 working days from the date of receiving valid dossier

1. Food Safety Eligibility Certificate

Cashews are under the management of the Ministry of Agriculture and Rural Development. Therefore, the dossier includes:

- - An application form for Food Safety Eligibility Certificate
  - Interpretation of requirements for compliance with food safety regulations of the applicant business.

Estimated time to be granted a Food Safety Eligibility Certificate: within 30 working days from the date of receiving valid dossiers

1. Product testing

Prepare product samples and then set testing criteria according to legal regulations.

Testing products at centers recognized by the Ministry of Health (at establishments designated for testing for state management of food safety).

Product testing time is from 05 – 07 working days from the date of receipt of complete and valid documents.

1. Product quality publication

The dossier includes:

Enterprise Registration Certificate
Food Safety Eligibility Certificate
Product testing result
1. Medical Certificate (HC)

Certification Authority: Food Safety Department – Ministry of Health

The dossier includes:

- - Application form for a medical certificate
  - The test results of each item in the export consignment include the criteria as required by the respective technical regulations (for products with which technical regulations are available) or the main quality criteria, the safety according to regulations (for products without technical regulations), information on item name, batch number, production date, expiry date as specified by a testing laboratory designated by a competent state agency or accredited independent testing laboratory
  - Product label
  - Enterprise Registration Certificate
  - Food Safety Eligibility Certificate

Estimated time to be granted a Medical Certificate: 05 – 07 working days from the date of receipt of complete and valid dossier.

1. Certificate of Free Sale (CFS)

The dossier includes:

- - Written request for issuance of CFS
  - Investment certificate or business registration certificate, business registration certificate
  - A list of production facilities (if any), including the name and address of the establishment, and products manufactured for export
  - The published standard applies to products and goods accompanied by the expression (on goods labels or on goods packages or documents attached to products and goods).

Estimated time to be granted the Certificate of Free Sale: 03 – 05 working days from the date of receiving valid dossiers.

1. Certificate of assurance of fire prevention and fighting conditions (if applicable)

Currently, there are many accidents caused by fire and explosion, because the production facilities do not ensure the conditions for fire prevention and fighting. Therefore, Decree 136/2020/ND-CP stipulating fire prevention and fighting conditions will depend on the size of the manufacturing plant.

Estimated time to be issued the certificate of fire prevention and fighting by the ward police: 7 working days from the date of receiving valid dossiers

Barcode registration

Barcode registration file:

- - Registration form for using MSMV
  - Product catalog registration table using GTIN

Certified copy of Business License

Estimated time:

- - 10 days to get the code
  - 30 days to issue the Certificate of Right to Use Barcodes

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Procedures for establishment of a company producing cashews for export.

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

08/09/202209/09/2022

JAPANESE VISA (TOURISM, FAMILY VISIT)

Japan is often chosen as a tourist destination with beautiful natural scenery along with unique culture. To come to Japan for the purpose of tourism or to visit relatives, you must first obtain a tourist visa or visit relatives of Japan. Please refer to the following information about the procedure as well as the required documents with HT.

I. Required documents for visiting relatives visa of Japan

* Documents of personal information

1. Passport;
2. ID Photograph (Photo taken within 6 months, size 4.5cm x 4.5cm);
3. Identity Card;
4. Visa application form;

* Proof of finances

1. Certificate of bank account in the visa applicant’s name, income certificate issued by the competent authority (if you pay for the trip by yourself);
2. Tax payment certificate, tax declaration, income certificate, a photocopy of the bank passbook clearly stating the account usage history within the last 6 months (if you have a financial guarantor in Japan);

* Proof of visiting relatives

1. Evidence of the applicant’s relationship to the intended visitor (Birth certificate, marriage certificate, exchanged correspondence, e-mails, photos);
2. Invitation letter from the person the applicant intends to visit;
3. Itinerary during stay in Japan;

* Documents related to the guarantor

1. Residence certificate (record of all household items);
2. Letter of Guarantee;
3. List of Visa Applicants.

II. Required documents for Japan tourism visa

* Documents of personal information

1. Passport;
2. ID Photograph (Photo taken within 6 months, size 4.5cm x 4.5cm);
3. Identity Card;
4. Visa application form;

* Proof of finances

1. Salary bank account statement;
2. Credit card statement showing current balance;
3. Proof of income from real estate rental business, shares or other investment sources;

* Proof of employment

1. Labor contract;
2. Application for leave;
3. Social insurance book (if any);
4. Business registration certificate, tax receipt or tax declaration (for businessmen and company directors);

* Proof of travel

1. Itinerary during stay in Japan.

III. Settlement time

In principle, the results of visa approval will be notified after 15 working days from the next day of receiving the visa application.

IV. Procedures

Step 1: Plan your trip and prepare required documents

Step 2. Apply at the Japanese Embassy

V. Fees

Consular fee: – 640,000 VND (one-time entry)

– 1,280,000 VND (multiple entries)

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Japan Visa (Tourism, Family visit).

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

08/09/202208/09/2022

JAPANESE BUSINESS VISA

I. What is Japan Visa?

A Japanese visa, is a “passport” issued by the Government of Japan to foreigners, allowing foreigners to enter Japan for a certain period of time with particular purpose.

If divided by the purpose of the trip, the Japanese visa includes the following common types:

– Visa to visit relatives

– Tourism Visa

– Transit Visa (Transit)

– Business Visa

– Student Visa

– Medical Visa

When coming to Japan for business, commercial purposes, attending conferences and seminars, you need a commercial visa (Business visa).

II. Required documents for a business visa

* Documents of personal information

1. Passport;
2. ID Photograph (Photo taken within 6 months, size 4.5cm x 4.5cm);
3. Identity Card;
4. Visa application form;

* Proof of employment

1. Business registration certificate, investment license, representative office establishment license, etc. where the visa applicant is working;
2. Labor contract;

* Documents proving the relationship between the inviting company and the invitee’s company

1. Public documents that introduce the relationship of companies in the same group;
2. Documents proving the commercial relationship between companies;
3. Invitation letter to visa applicants (for cases where there is no commercial relationship);
4. Brief introduction document about the Japanese receiving agency;
5. Invitation letter;
6. Guarantee letter and List of visa applicants (from 2 people or more) of the receiving place on the Japanese side;
7. Schedule of stay;

These are the types of documents that are required to provide when applying for a Japan business visa, you need to prepare fully to achieve the desired results.

III. Settlement time

In principle, the results of visa approval will be notified after 15 working days from the next day of receiving the visa application.

IV. Procedures

Step 1: Plan your trip and prepare required documents

Step 2. Apply at the Japanese Embassy

V. Fees

Consular fee: – 640,000 VND (one-time entry)

– 1,280,000 VND (multiple entries)

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

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

06/09/202206/09/2022

ENTERPRISE SHOULD CHOOSE DISSOLUTION OR BANKRUPTCY

I. Legal basis

Enterprise Law 2020
Bankruptcy Law 2014

II. Differences between dissolution and bankruptcy

Similarity:

_ First, the enterprise terminates its operation after dissolution or bankruptcy.

_ Second, the seal and certificate of business registration shall be revoked.

_ Third, enterprise must fulfill property obligations and pay debts when carrying out procedures for dissolution or bankruptcy.

Difference:

Criteria	Dissolution	Bankruptcy
Definition	Dissolution of an enterprise is the termination of the existence of an enterprise according to the will of the enterprise or of a competent authority. Law on Enterprises governing dissolution	Bankruptcy is the state of an enterprise that is insolvent and declared bankrupt by the people's court. Bankruptcy Law governing bankruptcy
Features	_ Cases of enterprises being dissolved: a) The expiry of operation term stated in the company's charter without a decision on extension; b) According to resolutions and decisions of the business owner, for private enterprises, of the Members' Council, for partnerships, of the Members' Council, of the company owner, for limited liability companies; , of the General Meeting of Shareholders, for joint-stock companies; c) The company no longer meets the minimum number of members as prescribed in this Law for 06 consecutive months without carrying out procedures for transformation of enterprise type; d) The certificate of enterprise registration is revoked, unless otherwise provided for by the Law on Tax Administration. _The condition for an enterprise to be dissolved is to fulfill all financial and debt obligations that the enterprise has established with third parties. _ The dissolution of a business will result in the termination of the company's legal status. _ Business owners and managers are not restricted or prohibited from holding the position of running the business or performing a number of business activities.	_ Insolvency means the enterprise fails to fulfill its debt payment obligation within 03 months from the due date of payment. _ In the process of resolving the bankruptcy case, creditors cannot separate themselves to collect their own debts, but they must all be gathered into a single legal entity, called the creditors' meeting. _ Bankruptcy is not only for debt collection purposes, but also focuses on helping debtors to recover business operations.
Right holder for application	Business owner, members' council, company owner, general meeting of shareholders, all general partners.	_ Unsecured creditors, partially secured creditors; _ Employees, grassroots trade unions, and direct superior trade unions in places where grassroots trade unions have not yet been established; _ The legal representative of the enterprise, the owner of the private enterprise, the Chairman of the Board of Directors of a joint-stock company, the Chairman of the Members' Council of a limited liability company with two or more members, the owner of the company One-member limited liability company, general partner of a partnership company; _ Shareholder or group of shareholders meeting the statutory conditions.
Place of application	Department of Planning and Investment	Court
Restrictions for business managers after termination of operation	No retriction	The person holding the managerial position of the enterprise declared bankrupt may be considered and decided by a judge not to have the right to establish an enterprise or a cooperative or to act as an enterprise manager.
Procedures	_ Approve the decision to dissolve the enterprise; _ Organize the liquidation of assets; _ Send the decision on dissolution of the enterprise to relevant agencies and organizations; _ Notify business status; _ Pay debts of the enterprise; _ Send the dissolution request to the business registration agency.	_ File and receive the petition to open bankruptcy proceedings; _ Negotiate to withdraw the petition to open bankruptcy proceedings; _ Accept the petition to open bankruptcy proceedings due to unsuccessful negotiation; _ Decide to open bankruptcy proceedings when there are grounds to open; _ Organize the creditors' meeting; _ The court declares the company bankrupt; _ Execute the court's decision declaring bankruptcy.

Note:

For companies with foreign investment. Before dissolving the company, investors need to carry out procedures for termination of investment projects.

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

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

22/08/202222/08/2022

CANADA VISA (TOURISM, FAMILY VISIT)

For the purpose of tourism or visiting relatives in Canada, you need to have a tourist visa or a visitor visa to Canada. Join HT to learn about the application as well as the fees when applying for the two types of visa above.

I. Required documents for Canada Business Visa

* Personal Information

Passport;
ID Photograph (Canada visa application photo 3.5*4.5cm);
Birth Certificate;
Identity Card;
Household Registration Book;
Certificate of marriage (if any);
Canada visa application form;
Detailed declaration of identity;
Authorization letter;
VFS Consent Form;

* Proof of finance

Certificate of bank account balance;
Bank account statement;
Savings book (if any);
Statement of company account (if the company sponsors the entire trip);

* Proof of employment

Labor contract;
Social insurance book (if any);
Business registration certificate and Tax receipt or tax declaration (for businessmen and company directors);

For Tourism visa	For Visting relatives visa
* Proof of travel 18. The trip's schedule; 19. Flight information (if any); 20. Hotel reservation (if any); 21. Confirm registration for the event (if any).	* Proof of relative’ relation 18. Evidence of the applicant's relationship to the intended visitor; 19. Invitation letter from the person the applicant intends to visit; 20. In case the inviter pays/guarantees the expenses for the trip, provide proof of the individual's income and finances; 21. Documents proving the inviter's Canadian residency; 22. The trip's schedule and information about the person will accompany you; 23. Flight information (if any); 24. Hotel reservation (if any); 25. Confirm registration for the event (if any).

For Tourism visa

For Visting relatives visa

* Proof of travel
18. The trip's schedule;
19. Flight information (if any);
20. Hotel reservation (if any);
21. Confirm registration for the event (if any).

* Proof of relative’ relation
18. Evidence of the applicant's relationship to the intended visitor;
19. Invitation letter from the person the applicant intends to visit;
20. In case the inviter pays/guarantees the expenses for the trip, provide proof of the individual's income and finances;
21. Documents proving the inviter's Canadian residency;
22. The trip's schedule and information about the person will accompany you;
23. Flight information (if any);
24. Hotel reservation (if any);
25. Confirm registration for the event (if any).

These are the types of documents that are required to provide when applying for a tourist visa or visiting relatives of Canada, you need to prepare fully to achieve the desired results.

II. Procedures

Step 1: Plan your trip and prepare required documents

Step 2: Apply at VFS Global or at Immigration, Refugees and Citizenship Canada (IRCC)

Step 3. Make an appointment to have your fingerprints and photo taken (biometric information) at the Visa Application Center

III. Fees

VFS biometric fee 439,000 VND

Consular fee 85 CAD ~ 1.500.000 VND

Delivery fee 4,25 CAD ~ 77.000. VND

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Canada Visa (Tourism, Family Visit).

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

22/08/202222/08/2022

CANADA BUSINESS VISA

1. What is Canada Business Visa?

Canada Business Visa is a type of visa for people wish to take a business trip to Canada in order to carry out international business and trade activities without directly participating in the Canadian labor market; or come to Canada for a short time to seek investment, promote business relationships, expand businesses.

2. Required documents for Canada Business Visa

* Personal Information

1. 1. Passport;
  2. ID Photograph (Canada visa application photo 3.5*4.5cm);
  3. Birth Certificate;
  4. Identity Card;
  5. Household Registration Book;
  6. Certificate of marriage (if any);
  7. Canada visa application form;
  8. Detailed declaration of identity;
  9. Authorization letter;
  10. VFS Consent Form;

* Proof of finance

1. 1. Certificate of bank account balance;
  2. Bank account statement;
  3. Savings book (if any);
  4. Proof of income from real estate rental business, shares or other investment sources;
  5. Statement of company account (if the company sponsors the entire trip);

* Proof of employment

1. 1. Labor contract;
  2. Application for leave;
  3. Social insurance book (if any);
  4. Business registration certificate and Tax receipt or tax declaration (for businessmen and company directors);

* Proof of travel

1. 1. Invitation letter from host institution in Canada;
  2. Details of transactions conducted with business partners and partner organizations in Canada (if any);
  3. Flight information (if any);
  4. Hotel reservation (if any).

3. Procedures

Step 1: Plan your trip and prepare required documents

Step 2: Apply at VFS Global or at Immigration, Refugees and Citizenship Canada (IRCC)

Step 3. Make an appointment to have your fingerprints and photo taken (biometric information) at the Visa Application Center

4. Fees

VFS biometric fee: 439,000 VND

Consular fee: 85 CAD ~ 1.500.000 VND

Delivery fee: 4,25 CAD ~ 77.000. VND

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

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

19/08/202219/08/2022

CE MARKING

1. What is CE Marking?

CE is an abbreviation of the phrase “Conformité Européenne”, and stands for CE Marking.

CE Marking certification shows that the product complies with European Union (EU) legislation and allows such product to be circulated freely in the European market. By affixing the CE marking to a product, the manufacturer declares on their own responsibility that the product meets all legal requirements for CE Marking

2. Benefits of having CE Certification

Products with CE certification can be traded within the EEA and many other regions/countries without restriction.
Affirming the quality and safety of products for consumers.

3. Subjects of application

CE certification is required for certain product groups within the European Economic Area, 27 member states of the EU along with EFTA countries Iceland, Norway, Liechtenstein, Switzerland and Turkey. Manufacturers of products manufactured in the EEA and importers of domestically produced goods must ensure that CE marked goods conform to the standards.

+ Country requesting CE Certification: European Union (EU) – Free Trade Association (EFTA) 27 member states of the EU plus EFTA countries Iceland, Norway and Liechtenstein) along with Switzerland and Turkey.

+ Units producing the following products must have CE marking when exporting to European countries:

- Medical devices implanted under the skin
- Gas power equipment
- Human transport cable
- Products related to energy eco-design
- Electronic compatibility
- Equipment and protection systems for use in explosive atmospheres
- Civil explosives
- Hot water boiler
- Residential refrigerators and freezers
- In vitro diagnostic medical equipment
- Elevator
- Low voltage
- Machinery

- Measuring instruments
- Medical equipment
- Noise in the environment
- Weighing tools
- Personal protective equipment
- Pressure Equipment
- Firework
- Wired and wireless telecommunications terminals
- Yacht
- Safe toys
- Single pressure device

The CE Marking standard is not required for examples such as:

– Chemistry

– Cosmetics

– Textile

– Food

4. What is the CE assessment record?

Preparation of product certification registration documents includes:

– CE certificate form;

– Organization chart of the company;

– Documents related to product specifications;

– Plan of producing and checking, monitoring product quality.

– Plan of controlling equipment, measuring and testing means.

– Sample test result sheet of an accredited/designated laboratory (if any).

The above information is kept confidential by the evaluation organization and is not disclosed to the outside.

5. Procedures of granting the CE certification process for products

Step 1: Determine only the applicable standard exam

Step 2: Define detailed requirements

Step 3: Testing, evaluating and checking standard products

Step 4: Provide technical documents TCF (Technical File)

Step 5: Declaring of Conformity and Issuance of CE Marking Certificate

In some special cases, this process may require the following additional steps:

Step 6: Re-certifying

Step 7: Extended Evaluation

Step 8: Unscheduled assessment

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

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

18/08/202218/08/2022

VISA EXTENSION FOR FOREIGNERS WHO LIVE IN VIETNAM

I. IMPLEMENTING AGENCIES:

Immigration Department Police of Provinces Cities under the jurisdiction of the central government.

II. PROCEDURE:

Step 1: Prepare the documents prescribed by the law.

Step 2: Application:

Agencies, organizations, individuals, Vietnamese citizens and foreigners legally residing in Vietnam, submit dossiers directly at the office of the Immigration Department police of the province or city under the jurisdiction of the central government.

Step 3: Officer receives the dossiers and check the legality and content of the dossiers:

+ If the application is complete and valid, the officer will receive the application, print the receipt and request the fax fee payment to the fee collector (if applicable).

+ If the application is not valid, the receiving officer will guide the applicant to supplement the application.

* Application submission time: from Monday to Friday every week (except holidays and New Year).

Step 4. Get results:

The person who comes to receive the results presents the receipt, ID card to the officer to compares and receives the entry approval letter for the foreigner.

Time: from Monday to Friday every week (except holidays and Tet holiday).

III. DOSSIERS:

Dossiers include:

Application form for granting, supplementing, amending and extending temporary residence (Form NA5)
Passport
Papers proving eligibility for consideration for issuance and extension of visas is one of the following documents: Work permit/Certificate of not being eligible for a work permit/Investment certificate; Certificate of marriage registration/Birth certificate/Document proving family relationship…
Certificate of temporary residence of the Ward Police.
Letter of authorization (if applicable)

I. IMPLEMENTING AGENCIES:

05 working days from the date of application

IV. PROCESSING TIME:

Valid for multiple times in 01 month: 10 USD
Valid for multiple times from 01 month to 03 months: 50 USD
Valid for multiple times over 03 months to 06 months: 95 USD
Valid for more than 6 months to 1 year: 135 USD
Valid for more than 1 month to 2 years: 145 USD

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

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

18/08/202218/08/2022

PROCEDURE AND PROCEDURES FOR WORKING VISA ISSUANCE

I. Legal grounds

The Law On foreigners’ entry into, exit from, transit through and residence in Vietnam 2014
The Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam 2019
Circular No. 04/2015/TT-BCA detailing the form of documents related to the entry, exit, and residence of foreigners in Vietnam

II. Process and procedures for Working Visa

Working visa

A working visa is a document issued by a competent authority in Vietnam. Accordingly, this document is issued to foreigners working legally in Vietnam under the guarantee of a company.

Symbols are LD1 and LD2 visas, which are issued to the following subjects:

LD1 – to be granted to foreigners who come to work in Vietnam with a work permit exemption certificate, unless otherwise provided for in international treaties to which Vietnam is a member.
LD2 – to be granted to foreigners who must have a work permit in Vietnam to work.

Duration of Working Visa

This type of visa for Vietnam is valid for 02 years at maximum. If the work permit is not valid for 02 years, the duration of the working visa for foreigners will be equal to the term of the work permit. However, in reality, a working visa is issued from 3 to 6 months.

Required documents

Enterprise Registration Certificate (ERC) or Investment Registration Certificate (IRC) or The Establishment License of Representative Office (notarized copy);
Visa application form: Form
A copy of the foreigner’s passport;
Work permit (Visa LD2) or Exemption from work permit (Visa LD1) (notarized copy);
Letter of authorization
Sample letter of introduction of seal and signature: Form NA16.

Procedures for applying for a Working Visa

Step 1: Apply for a visa on arrival (performed by HT)

Prepare documents;
Submission of documents: For companies with headquarters from Da Nang northwards, submit them to the Hanoi Immigration Department. For companies with offices from Quang Nam southwards, apply to the Immigration Department of Ho Chi Minh City.
Processing time is about 5-7 working days after receiving complete and valid dossiers.

The Vietnam Immigration Department will issue a guarantee for the Immigration Official (original) and fax it to the Vietnamese Embassy/Consulate office in foreign countries where the customer has registered to receive a Business Visa.

Step 2: Receive visa (Client does)

According to the provisions of law, foreigners entering Vietnam under the guarantee of agencies or organizations are granted visas at one of the following locations:

Airport border gate international upon entry;
Embassy/Consulate of Vietnam in the country where the foreigners’ exit.

However, at present, foreigners can usually only receive visas at Vietnam’s Embassies/Consulates abroad.

Foreigners need to prepare the following documents:

Approval to enter Vietnam (copy);
Original passport;
02 photos (size 3*4cm, white background, no glasses, no hat);
Information to fill out form NA1;
Visa stamping fee;
Other documents (if applicable).

Note: Each Vietnamese Embassy/Consulate in different countries may have other application and fee requirements, so foreigners must actively contact before receiving a visa.

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 Visa

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

17/08/202218/08/2022

VIETNAM ENTRY VISA FOR FOREIGNERS GUARANTEE BY AGENCIES, ORGANIZATIONS

I. IMPLEMENTING AGENCIES:

Immigration Department at Ho Chi Minh City or Hanoi City

II. PROCEDURE:

Step 1: Prepare the documents precribed the law

Step 2: Application:

Agencies and organizations that invite and guarantee to submit dossiers directly at the office of the Immigration Department of Hanoi (Address 44-46 Tran Phu, Ba Dinh, Hanoi) or Ho Chi Minh City (address 333-335-337 Nguyen Trai, District 1, Ho Chi Minh City) to apply.

Step 3: Officer receives the dossiers and check the legality and content of the dossiers:

+ If the application is complete and valid, the officer will receive the application, print the receipt and request the fax fee payment to the fee collector (if applicable).

+ If the application is not valid, the receiving officer will guide the applicant to supplement the application.

* Application submission time: from Monday to Friday every week (except holidays and Tet holiday).

Step 4: Get result:

The person who comes to receive the results presents the receipt, ID card to the officer to compares and receives the entry approval letter for the foreigner.

Time: from Monday to Friday every week (except holidays and Tet holiday).

III. DOSSIERS:

The dossiers include:

Letter requesting the Immigration Department to consider and approve the personnel to issue visas and grant entry permits to foreigners entering Vietnam (Form NA2);
A notaried copy of the license or decision of a competent authority on the establishment of the organization;
Document introducing the seal, signature of the authorized person of the organization (form NA16 issued together with Circular No. 04/2015/TT-BCA).
Introduction Letter
Copy of foreigner’s passport

IV. PROCESSING TIME

05 working days from the date of application.

V. PLACE TO GET VISA

Foreigners entering Vietnam under the guarantee of an agency or organization can receive a visa in one of the following places:

Foreigners can receive visas directly at the international airport border gate when entering at the international airport;
For entry through border gates by road, waterway or railway, foreigners can get visas at the Border Gate Department – Border Guard Command, Ministry of National Defense;
Foreigners can get visas at a the Embassy of Vietnam in the country where the foreigner exits.

VI. FEES

Visa valid for single time in 3 months: 25 USD
Visa valid for multiple times in 3 months: 50 USD

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Entry Visa for Foreigners who is guarantee by agencies or organizations.

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

17/08/202208/09/2022

PROCEDURE AND PROCEDURES FOR RELATIVE VISA ISSUANCE

I. Legal grounds

The Law On foreigners’ entry into, exit from, transit through and residence in Vietnam 2014
The Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam 2019
Circular No. 04/2015/TT-BCA detailing the form of documents related to the entry, exit, and residence of foreigners in Vietnam

II. Process and procedures for Relative Visa

Relative Visa

A relative visa is a document issued by a competent authority in Vietnam. Accordingly, this document allows spouses and children of certain foreigners or spouses and children and parents of Vietnamese citizens to travel to Vietnam for long-term living together.

According to the Law No. 51/2019/QH14 dated November 25, 2019, of the National Assembly on amendments to a number of articles of Law on entry, exit, transit and residence of foreigners in Vietnam, a relative visa (TT) is granted to:

Parents, spouses, or children of Vietnamese citizens;
Spouses or children under 18 years of age of foreigners issued with LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, or LD2 visas

Duration of Relative Visa

According to the provisions of the law on entry, exit and residence of foreigners in Vietnam, a relative visa in Vietnam is valid for a maximum of 12 months. However, the duration of a visa to visit relatives in Vietnam will be at least 30 days shorter than that of a passport or international travel document.

In fact, the current visa for visiting relatives is issued from 3 to 6 months.

Required documents

The procedure to get a family/relative/spouse visa for Vietnam may vary depending on where you are at the time of application, in Vietnam or outside the country.

In case a foreigner who is holding a Vietnamese visa sponsors his relatives for a Relative visa, the documents include:

Application for a Relative visa in Vietnam:
Form NA2 is certified by the company or sponsor organization, clearly stating that the place of visa stamping is the Vietnamese Embassy/Consulate General abroad or Vietnam’s international border gate (in case the relative is abroad).
Form NA5 is certified by the sponsor company or organization (in case the relative is in Vietnam).
Passport of the relative (valid for at least 06 months, having at least 02 blank pages):
Photocopy (in case the relative is abroad).
Original (in case the relative is in Vietnam).
Copy of passport and valid visa/temporary residence card of the sponsor;
Documents proving the relationship such as a birth certificate for children, parents, marriage registration certificate for husband and wife, household registration book, family certificate, … (consular legalization and notarized translation according to regulations);
Documents of the sponsor company where the sponsor is working, including:
Enterprise Registration Certificate (ERC) or Investment Registration Certificate (IRC) or The Establishment License of Representative Office (notarized copy);
Sample letter of introduction of seal and signature and Tax registration certificate.
Letter of the introduction of the person applying.

In case a Vietnamese citizen sponsors a foreign relative to apply for a relative visa, the documents include:

Application for a relative visa in Vietnam:
Form NA3 is certified by the police at the commune level, where the Vietnamese permanently reside, clearly stating that the place of visa stamping is the Vietnamese Embassy/Consulate General abroad, or Vietnam’s international border gate (in case the relative is abroad);
Form NA5 is certified by the commune-level police, where the Vietnamese permanently reside (in case the relative is in Vietnam).
Passport of the relative (valid for at least 06 months, having at least 02 blank pages):
Photocopy (in case the relative is abroad).
Original (in case the relative is in Vietnam).
The sponsor’s identification card (notarized copy);
The sponsor’s household registration (notarized copy);
Papers proving the relationship such as a birth certificate for children, parents, marriage registration certificate for husband and wife, household registration book, family certificate, … (notarized copy)
Identity card/Citizen identity card of the sponsor (notarized copy)
Confirmation of temporary residence of the foreigner (in case the sponsor is in Vietnam).

Procedures for applying for a Visa to visit relatives
- The relative is abroad

Step 1: Apply for an entry letter

Prepare documents;
Submission of documents: In case the sponsor has a household registration book/ the companies with headquarters from Da Nang northwards, submit at the Hanoi Immigration Department. In case the sponsor has a household registration book/ the companies with offices from Quang Nam southwards, apply to the Immigration Department of Ho Chi Minh City.
Processing time is about 5-7 working days after receiving complete and valid dossiers.

Note: HT cooperates to submit documents with the sponsor

Step 2: Receive visa (Customer does)

According to the provisions of law, foreigners entering Vietnam under the guarantee of agencies or organizations are granted visas at one of the following locations:

Airport border gate international upon entry;
Embassy/Consulate of Vietnam in the country where the foreigners exit.

However, at present, foreigners can usually only receive visas at Vietnam’s Embassies/Consulates abroad.

Foreigners need to prepare the following documents:

Immigration letter (copy);
Original passport valid for at least 06 months, having at least 02 blank pages (the same passport used to apply for a visa to enter Vietnam);
02 photo cards (size 4*6, white background, no hat, no glasses);
Application for entry and exit from Vietnam;
Visa stamping fee;
Other documents (if applicable).

Note: Each Vietnamese Embassy/Consulate in different countries may have other application and fee requirements, so foreigners must actively contact before receiving a visa.

The relative is in Vietnam

In this case, the sponsor takes the following steps to apply for a family visit visa for a foreigner in Vietnam:

Step 1: Prepare and submit the application

Submission of documents: In case the sponsor has a household registration book/ the companies with headquarters from Da Nang northwards, submit at the Hanoi Immigration Department. In case the sponsor has a household registration book/ the companies with offices from Quang Nam southwards, apply to the Immigration Department of Ho Chi Minh City.
Processing time is about 5-7 working days after receiving complete and valid dossiers.

Step 2: Receive the result

On the appointment date, the sponsor/representative of the guarantee agency will bring an appointment letter to the application location to receive the result of the visit visa.

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

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

10/08/202210/08/2022

PROCEDURES FOR ISSUANCE OF PERMANENT RESIDENCE CARD

No.	Criteria	Content	Legal basis
1	Subject	1. Foreigners with meritorious services and contributions to the cause of construction and defense of the Vietnamese Fatherland are awarded medals or state honorary titles by the Vietnamese State. 2. Foreigners are scientists and experts temporarily residing in Vietnam. 3. Any foreigner sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam. 4. Any person without nationalities who has had a temporary residence in Vietnam from 2000 or earlier.	Article 39 Law on Immigration
2	Condition	1. Any of the foreigners mentioned in Article 39 of this Law may be granted permanent residence status if he/she has a legitimate residence and is making a decent living in Vietnam. 2. Foreigners specified in Clause 2, Article 39 of this Law must be requested by ministers, heads of ministerial-level agencies or government-attached agencies in charge of state management of such person's professional fields. 3. Foreigners who have temporarily resided in Vietnam for 03 consecutive years or more as prescribed in Clause 3, Article 40 of the Law are determined on the basis of the entry verification stamp and exit verification stamp issued at the border gate with a total period of temporary residence in Vietnam of 03 years or more in the last 4 years up to the date of submitting the application for permanent residence.	Article 40 Law on Immigration
3	Procedure	a) Application for permanent residence; (NA12) b) Criminal record issued by the competent authority of the country of which the person is a citizen; c) A diplomatic note from a diplomatic mission of the country, of which the applicant is a citizen, requesting grant of permanent residence status to the applicant; d) Certified copy of passport; đ) Papers proving eligibility to be considered for permanent residence specified in Article 40 of this Law; (documents on accommodation: house lease contract, land use right certificate, … financial documents: labor contract, bank statement, ...) e) Letter of sponsored for foreigners specified in Clause 3, Article 39 of this Law. (certified copy of marriage certificate, temporary residence card for 3 consecutive years until the time of application)
4	Receiving agency	Immigration Department	Article 41 Law on Immigration
5	Settlement time	40 days (Can be extended but not more than 60 days)	Article 41 Law on Immigration
6	Duration of Permernent Residnence card	10 years

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

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

10/08/202210/08/2022

PROCEDURES FOR BIRTH REGISTRATION WITH FOREIGN ELEMENTS

I. Cases of birth registration with foreign elements

Children born in Vietnam:
– Having a parent being a Vietnamese citizen and the other being a foreigner or a stateless person;
– Having a parent being a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;
– Having both parents being Vietnamese citizens residing abroad;
– Having both parents being foreigners or stateless persons.
Children born abroad with their birth not yet registered abroad and taken to reside in Vietnam:
– Having both parents being Vietnamese citizens;
– Having a parent being a Vietnamese citizen.

II. Competent to register birth with foreign elements

The district-level People’s Committee of the place of residence of the father or mother (in the case of the child born in Vietnam) or the place of residence of the children (in the case of the child born abroad who has not yet been registered for birth and reside in Vietnam).

III. Order of processing

Step 1: Birth registrants shall submit the dossiers to the district-level People’s Committee

Step 2: Immediately after receiving all required documents, if seeing that the birth declaration information is complete and proper, the civil status officer shall record the birth declaration contents in the civil status book. The civil status officer and birth registrant shall both sign in the civil status book.

Step 3: The district-level Justice Division shall report to the chairperson of the district-level People’s Committee to grant a birth certificate to the person whose birth is registered.

IV. Dossiers

Case 1: Children born in Vietnam

Declaration form
Birth certification paper
The agreement of the parents on the selection of citizenship for their child. If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.
Passports of father and mother
Certificate of marriage
Proof of residence (temporary residence certificate of the ward police/temporary residence card/permanent residence card…)

Case 2: Children born abroad with their birth not yet registered abroad and taken to reside in1. Declaration form

Declaration form
Birth certification paper
A certificate of live birth or an equivalent document issued by the foreign competent authority certifying that the child was born abroad and mother-child relationship (if any
The agreement of the parents on the selection of citizenship for their child. If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.
Passports of father and mother
Certificate of marriage
A documentary evidence of the child’s lawful entry into Vietnam (such as passport, documents enabling international travel bearing an entry stamp from an immigration authority)
A written confirmation from the competent public security authority that the child is living in Vietnam

V. Settlement Time

Right on the day of receiving the dossier; in case the application is received after 15 o’clock but cannot be resolved immediately, the result shall be returned in the next working day.

VI. Fees

According to the fee rate set by each provincial People’s Council.

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

Contact us

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

02/08/202202/08/2022

BUYING AN EXISTING COMPANY IN VIETNAM: RISKS AND ISSUES FOR INVESTORS

When investing in an existing business in Vietnam, investors should consider carefully such existing business that investors intend to contribute capital or purchase shares or capital contributions in order to avoid the following risks.

I. Legal basics

Law on Investment No. 61/2020/QH14 dated 17/06/2020

Decree 31/2021/NĐ-CP dated 26/03/2021

II. Issues and risks that investors should consider

Foreign ownership limitations

Law on Investment allows 100% foreign ownership of a business in most industries. However, if sectors and trades in which investors intend to invest are on the List of sectors and trades are subject to market access restrictions, the charter capital holding ratio of foreign investors is a compulsory requirement. In addition, if the foreign investor is subject to one or more international treaties on investment, the investor must comply with the ownership ratio of that treaty.

Tax and finance

When contributing capital or purchasing shares or capital contributions of any economic organization, investors should also consider tax and finance. After buying the company, investors shall be the company’s owner or shareholders/ capital-contributing members and inherit or be jointly liable for all obligations to the third parties, including financial debts, taxes and even fines due to the company’s violations. This is also a necessary step to evaluate whether the company is making a profit or at a loss.

Labor

When investing in an existing business in Vietnam, foreign investors should focus on employment, research and consider current labour problems at the company. Since Vietnam Labor Law tends to give priority to employees, investors should consider carefully and properly evaluate if there are plans to change employees during management or labor issues that have not been resolved to avoid legal risks.

Regulations

Law on Investment 2020 has offered advantaged conditions for foreign investors to invest in Vietnam. However, investors should focus on regulations or administrative procedures that they need to meet if they are subject to the application of such legal regulations and administrative procedures.

Regarding the industry and profession in which the investor intends to invest:

Firstly, investors should pay attention to checking the industry of the company in which they intend to contribute capital, purchase shares or contribute capital as committed in the WTO Schedule of Commitments or not. In case the industry has not been committed, it will be difficult to carry out legal procedures for the investor to become the owner of the company.

Secondly, if the investors intend to invest in industries and trades on the List of sectors and trades with conditional market access for foreign investors, Vietnamese law has set compulsory requirements for investors to meet such as capital ownership ratio (mentioned above), investment form, investment scope, cooperation with Vietnamese partners. In addition, there are also sectors and trades currently prohibited to invest by Vietnamese law, or industries that require other types of permits/licenses when foreign investors do business. Therefore, investors need to consider carefully to avoid violating the law when making investments without the permission of state agencies.

In order to limit the legal risks that investors may face when contributing capital, buying shares or buying capital contributions to Vietnamese companies, investors need to carry out in-depth due diligence on Vietnamese law and the overall company that you want to invest in. This is a necessary step to limit economic and legal risks when entering the Vietnamese market.

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 in Vietnam

Contact us

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

28/07/202228/07/2022

FOREIGNERS BUYING HOUSES TO LIVE IN VIETNAM

I. Legal grounds

The Housing Law, No. 65/2014/QH13
Decree No. 99/2015/ND-CP of the Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Housing Law.

Circular No. 19/2016/TT-BXD dated June 30, 2016, of the Ministry of Construction, guiding the implementation of a number of the Law on Housing 2014 and Decree No. 99/2015/ND-CP of the Government

II. Procedures for foreigners to buy houses to live in Vietnam

Entities eligible for the homeownership in Vietnam

According to the provisions of Clause 1 Article 159 of the Law on Housing 2014 allows foreigners to buy houses in Vietnam, specifically the following foreign organizations and individuals:

Foreign entities who invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law;
Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign-invested funds, and branches of foreign banks operating in Vietnam (hereinafter referred to as foreign organizations);
Foreign individuals are allowed to enter Vietnam.

Transactions of legitimate housing

Entities having legitimate housing through the following transactions:

Investment in the construction of houses under projects in Vietnam by the Law on Housing 2014 and the law relevant laws;
Purchase, lease, lease purchase, receipt of a gift, receipt of an inheritance, including apartment buildings and separate houses in housing construction investment projects, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

Consequently, foreign organizations and individuals cannot buy land but can only own commercial housing (including apartment buildings and separate houses) in investment projects built commercial housing, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

Eligible for the homeownership

According to Article 74 of Decree 99/2015/ND-CP guiding the Law on Housing, foreigners who fall into the above categories have the right to buy houses in Vietnam, but to own a house, they must have a valid license. proof sheet.

Case 1: For individuals or organizations investing in housing construction under projects

Have an Investment Registration Certificate;
Have houses that are built under a project as prescribed in this Law and corresponding regulations of law.

Case 2: Conditions for foreign organizations

An investment certificate or documents related to being allowed to operate in Vietnam issued by a competent Vietnamese state agency is still valid at the time of contract signing the house purchase agreement or house lease purchase.

Case 3: Conditions for individuals

Having valid passports stamped with entry verification stamp of the immigration and exit management agency of Vietnam;
Not granted diplomatic immunity and privileges as prescribed.

Foreigners only buy houses in housing construction investment projects and must satisfy all conditions on a case-by-case basis.

Time and percentage of ownership

Article 161 of the 2014 Housing Law specifically stipulates that foreign individuals and organizations may not buy, rent and purchase, receive, inherit and own more than 30% of apartments in an apartment building; or more than 250 houses regarding separate houses including villas, row houses in an area whose population is equivalent to a ward-administrative division. In addition, foreign individuals can own a house for not more than 50 years, from the day on which they are granted the Certificate and they may be also granted an extension as prescribed in regulations of the Government; the duration of the homeownership must be stated in the Certificate.

If a foreign individual marries a Vietnamese citizen or an oversea Vietnamese, he/she qualifies for stable and long-term homeownership and has all rights of a homeowner similarly to Vietnamese citizens;

The foreign organization is eligible for the homeownership as agreed in agreements on housing sale, lease purchase, gifting, or inheritance for no longer than the duration stated in their Certificate of investment, including extension duration, the duration of the homeownership shall be determined from the day on which the organization is granted the Certificate and stated in such Certificate;

Procedures for buying a house

Step 1: Making a Housing agreement

The parties agree to make a written house sale and purchase contract with the main contents based on Articles 120 and 121 of the Law on Housing 2014.

Step 2: Notarization and authentication of a Housing agreement

Step 3: Request to apply for the Certificates

The contracting parties shall agree to choose a party to request the competent agency to grant the Certificate of housing; regarding housing that is bought or leased and purchased from the investor, the investor must complete the procedures for the Certificate issued to the buyer or the lessee by the competent agency, unless the buyer or the lessee wishes to complete the procedures themselves.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Buying Houses in Vietnam for foreigners.

Contact us

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

27/07/202208/09/2022

PROCESS AND PROCEDURES FOR BUSINESS VISA ISSUANCE

Legal grounds
1.1. The Law On foreigners’ entry into, exit from, transit through, and residence in Vietnam 2014
1.2. The Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry in, Exit from, Transit through, and Residence in Vietnam 2019

2. Process and procedures for Business Visa

2.1. Business Visa

Visa means a document issued by a competent authority of Vietnam to a foreigner to grant entry into Vietnam. Accordingly, this document allows foreigners to enter Vietnam to exchange and work with enterprises in Vietnam.

The symbols are Visa DN1 and DN2, issued to the following subjects:

Visa DN1 – granted to foreigners working with companies and other organizations that are juridical persons with the provisions of Vietnamese law.
Visa DN2 – issued to foreigners to offer services, establish a business presence, and perform other activities under international treaties to which Vietnam is a member.
2.2.The duration of the Business Visa

According to the law, a business visa is valid for no more than 12 months. However, foreigners are usually granted a 3-month Visa (single entry or multiple entries).

The 3-month multiple entries business visa is valid for 3 months and allows foreigners to enter and exit multiple times. There is often no limit to the number of entry and exit times until the Visa expires. This is a common type of Visa that foreigners use to enter Vietnam.

The 3-month business visa is valid for 3 months and allows foreigners to enter only once. Visas will expire immediately when foreigners exit Vietnam.
2.3. Required documents

Foreigner’s passport (A copy)
Certificate of Enterprise Registration (A true certified copy)
Copy of Office lease Contract (A true certified copy)
The record on the transfer of contributed assets (in some cases case) (A true certified copy)
Tax reports (if any) (A copy with hanging stamp)
2.4. Procedures for applying for a business visa

Step 1: Apply for a visa on arrival (executed by HT)

Prepare documents;
Submission of documents: For companies with headquarters from Da Nang northwards, submit them to the Hanoi Immigration Department. For companies with offices from Quang Nam southwards, apply to the Immigration Department of Ho Chi Minh City.
Processing time is about 5-7 working days after receiving complete and valid dossiers.

Step 2: Receive visa (Customer does)

According to the provisions of law, foreigners entering Vietnam under the guarantee of agencies or organizations are granted visas at one of the following locations:

Airport border gate international upon entry;
Embassy/Consulate of Vietnam in the country where the foreigners exit.

However, at present, foreigners can usually only receive visas at Vietnam’s Embassies/Consulates abroad.

Foreigners need to prepare the following documents:

Immigration letter (photocopy);
Original passport;
02 photo cards (size 3*4, white background, no glasses, no hat);
Visa stamping fee;
Other documents (if any).

Note: Each Vietnamese Embassy/Consulate in different countries may have different application and fee requirements, so foreigners must actively contact before receiving a visa.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Business Visa Application.

Contact us

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

19/07/202219/07/2022

Vietnam chemical certificate

Currently, the production and trading of chemicals is a difficult and complicated industry, so it is specified by Vietnamese law in the Law on Chemicals and other specialized legal documents. In order to help readers have an overview of the above industries, HT would like to summarize the legal provisions on chemicals in the document below:

SECTION 1: LICENSE FOR UNLIMITED CHEMICALS

I. Conditions for production of chemicals subject to conditional production and trading in the industrial sector

1. Being an enterprise, cooperative or business household established in accordance with law and engaged in chemical production;

2. Physical and technical facilities must meet the following specific requirements:

2.1 Requirements for factories and warehouses

a. Workshops must meet requirements according to national technical standards and regulations, suitable to the nature, scale and technology of chemical production and storage.

b. Workshops and warehouses must have exits and exits. The exits must be clearly indicated by signs and lights and designed to facilitate the escape, rescue and rescue in case of an emergency.

c. The ventilation system of factories and warehouses must meet the regulations and standards on ventilation systems.

d. The lighting system complies with regulations to meet the requirements of chemical production and storage. Electrical equipment in workshops and warehouses containing flammable and explosive chemicals must meet standards on fire and explosion prevention and control.

D. Workshop and chemical warehouse floors must be resistant to chemicals, loads, non-slip, with good drainage and collection grooves.

e. Workshops and chemical warehouses must have a table of rules on chemical safety, have danger signs suitable to the level of danger of chemicals, and hang them in a conspicuous place. Signs showing hazardous properties of chemicals must have the following information: Chemical identification code; graphic warning, word warning, warning of danger. In case a chemical has many different hazardous properties, the warning picture must fully show those hazardous properties. In production areas with hazardous chemicals, there must be specific instructions on safe operation procedures in an easy to read and conspicuous position.

g. Workshops and warehouses must have a lightning protection system or be located in a safe lightning-protected area and periodically inspected according to current regulations.

H. For outdoor tanks, it is necessary to build dikes or other technical measures to ensure that chemicals do not escape into the environment when a chemical incident occurs and take measures to prevent fire, explosion and lightning.

i. Workshops and warehouses must fully meet the conditions on fire prevention and fighting, environmental protection, occupational safety and hygiene in accordance with relevant laws.

2.2 Requirements for technology, equipment, tools, packaging

a. The chemical production technology is selected to minimize the risk of chemical incidents and environmental pollution, and to ensure safety against fire and explosion.

b. Technical equipment must meet general safety requirements according to national technical standards and regulations, be suitable for chemical species and technological processes, and meet production capacity and business scale. Machines, equipment and supplies subject to strict requirements on occupational safety and health and testing measuring equipment must be inspected, calibrated, calibrated and maintained in accordance with current regulations on machinery inspection. , device.

2.3 Requirements for chemical storage and transportation

a. Hazardous chemicals must be classified and arranged according to the nature of each chemical. Chemicals that may react with each other or have different requirements on chemical safety, fire prevention and control are not allowed in the same area.

b. Chemicals in the warehouse must be preserved according to current national technical standards and regulations, ensuring safety and convenience requirements for chemical incident response.

3. Areas of workshops and warehouses must meet the requirements of national technical standards and regulations. The production facility has enough area to arrange production lines in accordance with the designed capacity, ensure the production stages, and meet the technological requirements;

4. The technical director or deputy director or the technical officer in charge of chemical production must have a university degree or higher in chemical majors;

5. The subjects specified in Article 32 of this Decree must be trained in chemical safety.

Organizations and individuals may only produce and trade in chemicals subject to conditional production and trading in the industrial sector after being granted a Certificate of eligibility by a competent authority and are responsible for maintaining their eligibility. conditions specified in Clauses 1 and 2 of this Article throughout the course of production and business activities. In case an organization or individual no longer meets the conditions, the Certificate will be revoked according to the provisions of Clause 2, Article 18 of the Law on Chemicals.

II. Dossier of application for a Certificate of eligibility for production

a) A written request for issuance of the Certificate of eligibility for production of chemicals subject to conditional production and trading in the industrial sector, made according to the form specified in Clause 7 of this Article;

b) A copy of the Certificate of Business Registration or Certificate of Cooperative Registration or Certificate of Business Household Registration;

c) A copy of the approval decision or written certification of documents related to environmental protection as prescribed by law, issued by a competent state management agency;

d) A copy of the certificate of approval for design of fire prevention and fighting and the written approval for acceptance of the fire prevention and fighting system issued by a competent authority for each production facility subject to approval. fire prevention and fighting design;

Minutes of safety inspection of fire prevention and fighting or a document of a competent authority proving the assurance of fire prevention and fighting safety conditions for each production establishment that is not required to be subject to compulsory fire safety inspection. Appraisal and approval of designs on fire prevention and fighting;

dd) The overall drawing of the system of premises of factories and warehouses, the contents of the drawings must ensure information on the location of the workshop, warehouse, chemical storage area, area and access road to the workshop, area. chemical production and storage areas; A copy of the document proving the right to use the land plot for the construction of the factory or warehouse or the lease contract for the factory or warehouse.

e) A declaration of technical equipment, labor safety and safety equipment of the chemical production establishment;

g) A copy of a university degree or higher in chemistry of the director or deputy technical director or the technical officer in charge of chemical production activities of the manufacturing facility;

h) A copy of the chemical safety training file as prescribed in Clause 4, Article 34 of this Decree;

i) Chemical safety sheets of dangerous chemicals in the production facility as prescribed.

III. Dossier of application for the Certificate of eligibility for business

a) A written request for issuance of a Certificate of eligibility for trading in chemicals subject to conditional production and trading in the industrial sector, made according to the form specified in Clause 7 of this Article;

b) A copy of the Certificate of Business Registration or Certificate of Cooperative Registration or Certificate of Business Household Registration;

c) A declaration of each business location;

d) A copy of the approval decision or written certification of documents related to environmental protection as prescribed by law, issued by a competent state management agency;

dd) A copy of the certificate of design appraisal and approval and the written acceptance of fire prevention and fighting design issued by a competent authority for each chemical warehouse subject to fire prevention and fighting design appraisal and approval;

Minutes of safety inspection on fire prevention and fighting or a document from a competent agency proving the assurance of fire prevention and fighting safety conditions for each chemical warehouse that is not subject to mandatory requirements. Appraisal and approval of designs on fire prevention and fighting;

e) The overall drawing of the system of premises of each business location, the content of the drawing must ensure information on the location of the warehouse, the chemical storage area, the area and the way to the chemical storage area; A copy of the document proving the right to use the land plot to build the warehouse or the warehouse lease contract in the case of warehouse rental or the contract or agreement on chemical purchase and sale in the case of using the organization’s warehouse, individuals buy or sell chemicals;

g) A declaration of technical equipment, labor protection and safety equipment of each chemical trading location;

h) A copy of the intermediate degree or higher in chemical major of the person in charge of chemical safety;

i) A copy of the chemical safety training file as prescribed in Clause 4, Article 34 of this Decree;

k) Chemical safety sheets of dangerous chemicals in business establishments as prescribed.

IV. Order and procedures for appraisal and issuance of Certificate of eligibility

a) Organizations and individuals applying for the Certificate of eligibility shall make 01 set of dossiers and send them by post or directly or through the online public service system to the agency competent to issue the Certificate in accordance with the law. specified in Clause 6 of this Article;

b) In case the dossier is incomplete and invalid, within 03 working days from the date of receiving the dossier, the certificate-issuing agency shall notify the organization or individual to supplement and complete the dossier. The time for completing the dossier is not included in the time of granting the Certificate specified at Point c of this Clause;

c) Within 12 working days from the date of receipt of complete and valid dossiers specified in Clauses 1 and 2 of this Article, the certificate-issuing agency shall consider, appraise and issue a Certificate of eligibility. conditions for organizations and individuals, and at the same time send 01 copy to the Department of Industry and Trade where the organization or individual has registered its head office. The form of the Certificate is specified in Appendix VI of this Decree. In case of refusal to issue the Certificate, the agency competent to grant the Certificate must reply in writing, clearly stating the reason.

V. Dossier, order and procedures for re-issuance of the Certificate of eligibility

a) In case the Certificate of eligibility is lost, incorrect, damaged or there is a change in the establishment registration information of the organization, individual, organization or individual, make 1 set of application for re-issuance; Certificate and send it to the Certificate-issuing agency by post or in person or through the online public service system;

b) An application for re-issuance of the Certificate includes: A written request for re-issuance of the Certificate; the original of the issued Certificate in case the Certificate is incorrect or there is a change in information of the organization or individual; the recognizable original portion of the Certificate in case the Certificate is damaged;

c) Within 05 working days from the date of receipt of complete and valid dossiers, the certificate-issuing agency shall examine and re-issue the Certificate of eligibility for organizations and individuals, and concurrently send 01 copy to the Department of Planning and Investment. Industry and Trade where the organization or individual registered their head office. In case of refusal to re-issue the Certificate, the agency competent to grant the Certificate must reply in writing, clearly stating the reason.

VI. Dossier, order and procedures for adjusting the Certificate of eligibility

a) In case there is a change in the location of the chemical production and trading establishment; type, scale and type of chemicals produced or traded, organizations or individuals shall make 01 set of dossiers of request for adjustment of the Certificate and send it to the Certificate-issuing agency by post or in person or in person. through the online public service system;

b) An application for adjustment of the Certificate includes: A written request for adjustment of the Certificate of eligibility; the original of the issued Certificate of Eligibility; papers and documents proving the satisfaction of production and business conditions for the adjusted contents;

c) The order and procedures for adjusting the Certificate are the same as for issuing a new Certificate.

VII. Authority

The Department of Industry and Trade where the organization or individual is located is responsible for appraising and granting, re-granting and adjusting the Certificate of eligibility for production and business of chemicals subject to conditional production and business. events in the industrial field for organizations and individuals; inspect, examine and supervise the observance of regulations on conditions for production and trading of chemicals subject to conditional production and trading by organizations and individuals under their management.

SECTION 2: LICENSE FOR LIMITED CHEMICALS

I. Chemicals restricted from production and trading in the industrial sector

Chemicals restricted from production and trading in the industrial sector include:

1. Substances included in the List of chemicals restricted from production and trading in the industrial sector, promulgated in Appendix II to this Decree.

2. Mixtures containing substances listed in Appendix II to this Decree are classified according to the provisions of Article 23 of this Decree and belong to at least one of the following classification groups:

a) Acute toxicity (by different exposure routes) grade 1;

b) Class 1A, 1B carcinogenic agents;

c) Reproductive toxicity grade 1A, 1B;

d) Grade 1A, 1B germ cell mutations.

=> Restricted chemicals need to apply for a license to produce and trade in chemicals restricted from production and business in the industrial field.

II. Dossier of application for a production license

a) A written request for a license to produce chemicals restricted from production and trading, made according to the form specified in Clause 7 of this Article;

b) Papers specified from point b to point i, clause 1, Article 10 of this Decree;

c) Explanation of technological process for the production of chemicals restricted from production and trading.

III. Dossier of application for a business license

a) A written request for a license to trade in chemicals restricted from production or business, made according to the form specified in Clause 7 of this Article;

b) The papers specified at Points b to k Clause 2 Article 10 of this Decree;

c) An explanation of the business plan for chemicals restricted from production and business of the organization or individual applying for the License.

IV. Order and procedures for appraisal and grant of permits

a) Organizations and individuals that apply for a license to produce and trade in chemicals restricted from production or business shall make 1 set of dossiers and send them by post or directly or via the online public service system to the agency. licensing authority;

b) In case the application is incomplete and invalid, within 03 days from the date of receipt of the application, the licensing agency shall notify the organization or individual to supplement and complete the application. The time for completing the application is not included in the time for granting the license specified at Point c of this Clause;

c) Within 16 working days from the date of receipt of complete and valid dossiers specified in Clauses 1 and 2 of this Article, the licensing agency is responsible for reviewing and appraising the dossiers, examining the actual conditions of the application. and issue licenses to organizations and individuals. The form of a license to produce and trade in chemicals restricted from production and business in the industrial sector is specified in Appendix VI of this Decree. In case of refusal to grant a license, the licensing authority must reply in writing, clearly stating the reason.

V. Authority

a) The Ministry of Industry and Trade is responsible for organizing the appraisal and granting, re-granting and adjusting the License to produce and trade in chemicals restricted from production and business in the industrial domain; prescribe the application forms specified in this Article; formulating and implementing plans for periodic inspection and examination or irregular inspection and examination when necessary, for production and trading of chemicals restricted from production and business in the industrial sector;

b) Departments of Industry and Trade of provinces and centrally run cities shall inspect, examine and supervise the implementation of regulations related to the process of chemical activities restricted from production and business by organizations and individuals. , individuals in the area under their management, report the inspection results to the Ministry of Industry and Trade. In case an organization or individual no longer meets the conditions specified in Article 15 of this Decree, the Service of Industry and Trade shall request the Ministry of Industry and Trade to consider and handle it.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Vietnam chemical license.

Contact us

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

15/07/202219/07/2022

The procedure for establishing an online education company

Today, online education is a potential field in the Vietnamese market. However, many investors are still wondering how to do this business line by the law.

Therefore, in this article, HT will provide detailed information about the types of licenses required to run an online education business legally in Vietnam.

1. Investment Registration Certificate (IRC) (only for foreign investors)

According to the WTO Commitments Schedule, Vietnam has fully opened up to other educational services (CPC 929).

Pursuant to Decision No. 27/2018/QD-TTg, for other education not elsewhere classified (8559), teaching can be conducted in many different environments, such as at the units or client’s training facilities, educational institutions, workplaces, or homes, possibly through correspondence, television, internet, in classrooms or by other means.

Thus, foreign investors can establish a company with 100% foreign capital to conduct online education business with other education not elsewhere classified sector (8559).

Estimated time to be issued IRC: 15-20 working days from the date of application.

Issuing agency: Department of Planning and Investment of the province or central-affiliated city where the enterprise is located.

2. Enterprise Registration Certificate (ERC)

“Certificate of Enterprise Registration means a physical or electronic document bearing enterprise registration information provided for the enterprise by a business registration authority.”

Estimated time to be issued IRC: 5-7 working days from the date of application.

Issuing agency: Department of Planning and Investment of the province or central-affiliated city where the enterprise is located.

3. Notice of goods sale application with the Ministry of Industry and Trade (if applicable)

In case the company to be established uses its app (application) to teach online in combination with selling courses and paying money on that application, this application will be considered a goods sale application and must implement the notification procedure to the Ministry of Industry and Trade. In the case of using currently available application such as Google Meet, Zoom, Microsoft Team, etc., the procedure is not required.

Pursuant to Clause 2, Article 3 of Circular No. 59/2015/TT-BCT: “Goods sale application means an e-commerce application on mobile equipment established by a trader or an organization or individual serving its/his/her trade promotion activities, goods sale or service provision.”

Process of notification of goods sale applications

Step 1: The enterprise shall register for an account and log in on the e-commerce management portal (www.online.gov.vn) by providing the following information:

– The website owner’s name;

– Business registration No. of traders or Establishment decision No. of organizations, or personnel tax codes of individuals;

– Business lines;

– Addresses of traders and organizations’ head offices or permanent addresses of individuals;

– Contact information

Step 2: Within three working days, the enterprise shall receive results from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:

– If registration information for an account is adequate, the enterprise shall be granted an account and proceed Step 3:

– If registration is rejected or additional information is required, the enterprise shall carry out the registration again or provide additional information as requested.

Step 3: After being granted an account for access to the system, the enterprise shall carry out logging on, select goods sale e-commerce application registration and fill in the forms as instructed.

Step 4: Within three working days, the enterprise shall receive responses from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:

– Confirmations that the declared information is adequate and eligible;

– Notification that the declared information is inadequate or invalid; In this case, the enterprise shall return to Step 3 or providing additional information as requested. Within 10 working days since receipt of request for additional information in Step 4, if the enterprise doesn’t response, the notification dossier will be terminated and must proceed to notify the dossier from Step 3 again.

Step 5: After three working days from the date of receipt of complete and valid notification dossiers, the Ministry of Industry and Trade shall send to the enterprise via a registered email a code segment for insertion into the online shopping website and displayed onscreen as a “notified” sign.

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15/07/202207/09/2022

Compare Representative Office with Branch of Enterprise in Vietnam

1. Legal basics

– Article 44, 45 Law on Enterprises 2020.

– Article 31 Decree 01/2021/NĐ-CP on enterprise registration.

– Circular 47/2019/TT-BTC on prescribing the rates of charges for provision of enterprise information and fees for enterprise registration and charge and fee collection, remittance, management and use.

2. Compare Representative Office with Branch of enterprise in Vietnam

Criteria	Representative Office	Branch
Definition	A Representative Office of an enterprise is its dependent unit which acts as the enterprise’s authorized representative, represents and protects the enterprise’s interests. A representative office shall not do business.	A Branch of an enterprise is its dependent unit which has some or all functions of the enterprise, including an authorized representative. The business lines of a branch shall match those of the enterprise.
Dossier	1. A notification of establishment of Representative office/Branch 2. The notarized copy of the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company; the copy of the resolution or decision of the owner of the single-member limited liability company on establishment of Representative office/Branch. 3. A notarized copy of the identity card/citizen identity card/passport of the head of the Representative Office/Branch; 4. The notarized copy Enterprise Registration Certificate; Investment Registration Certificate (if applicable).
Quantity of dossier	01
Place of issuance	Business Registration Office at Planning and Investment Department where located the Representative Office address of Company.
Order of processing	Step 1: Submit application for establishment of Representative Office/Branch at the Business Registration Office where the Representative Office/Branch is located through the National Portal on Business Registration (https://dangkykinhdoanh.gov.vn). Bước 2: Business Registration Office shall issue Representative Office/ Branch Registration Certificate (if the documents are valid). If the documents are invalid, Business Registration Room shall notify in writing the contents that need to be amended or supplemented to the enterprise.
Time	03 working days from the date of receipt of valid documents
Stamp	The enterprise shall decide the type, quantity, design and content of its seal and the seals of its Representative office/Branch The management and storage of seals shall comply with the company’s charter or regulations of the Representative office/Branch that owns the seal. Seals shall be used by enterprises in transactions as prescribed by law.
Fee	- Waiver of fee for issuance of Representative Office/ Branch Registration Certificate. - Fee for publication of registered contents of Representative Office/ Branch: 100.000 VND.

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15/07/202218/07/2022

Representative office vs Branch: which one is better for foreign investor in Vietnam

1. Legal basics

- Commercial Law No. 36/2005/QH11 dated 14/06/2005 of The National Assembly
- Decree 07/2016/NĐ-CP dated 25/01/2016 of The Government on detailing the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders.
- Circular 143/2016/TT-BTC dated 26/09/2016 of Ministry of Finance on fees for processing applications for the license to establish representative offices of foreign trade promotion organizations or foreign traders in Vietnam, and the collection and transfer thereof.

2. The issues of granting Representative Office/ Branch Establishment licenses

Criteria	Representative Office	Branch
Conditions to grant license	- The foreign trader has been established or has registered its operation under the law of a country or territory being parties to treaties to which Vietnam is a signatory or is recognized by the aforesaid countries or territories; - In case the foreign trader’s business registration certificate or equivalent paper indicates its term of operation, the remaining term must be at least one year by the date of submission of the application; - Where the scope of operation of the representative office is inconsistent with Vietnam’s Commitments or the foreign trader is not located in the country or territory being party to treaties to which Vietnam is a signatory, the representative office can be established only if relevant Ministers, Heads of ministerial agencies (hereinafter referred to as “relevant Ministers”) have given approval for establishment of the representative office.
	The foreign trader has been operating for at least one year since its establishment or business registration;	The foreign trader has been operating for at least 5 years since its establishment or business registration;
	The scope of operation of the representative office is consistent with that in Vietnam’s Commitments to treaties to which Vietnam is a signatory	The scope of operation of the branch is conformable with Vietnam’s Commitments to market access stipulated in treaties to which Vietnam is a signatory shall be consistent with lines of business of the foreign trader
License term	Representative office/ Branch establishment license shall be valid for 05 years but not exceeding the remaining effective period of the Certificate of Business Registration or the equivalent (for documents having expiry date)
Order of processing	Step 1: Submit the dossier directly, by post or online to the licensing agency of a locality where its representative office/ branch is planned to be located (The provincial-level Industry and Trade Department / the management board for Representative office)/ The Ministry of Industry and Trade (for Branch). Step 2: Within 3 working days after receiving the dossier, the licensing agency shall check and request the applicant to supplement its dossier if it is neither complete nor valid. The request for supplementation to the dossier shall be made only once during the handling of the dossier. Step 3: Within 7 working days after receiving a complete and valid dossier, the licensing agency shall grant to the foreign trader a representative office /branch establishment license or refuse to grant it. In case of refusal, the licensing agency shall issue a document clearly stating the reason.
Dossier	1. An application for a representative office/ branch establishment license. 2. A certified copy of the business registration certificate or equivalent paper of the foreign trader. 3. The foreign trader’s document on appointment of head of the representative office/ branch. 4. Certified copies of audited financial statements or documents proving the fulfillment of tax liabilities or financial obligations in the latest fiscal year or equivalent paper issued or certified by a competent agency or organization of the locality where the foreign trader was established proving the actual existence and operation of the foreign trader in the latest fiscal year. 5. A certified copy of the passport, people’ identity card or citizen’s identity card (for a Vietnamese) or a copy of the passport (for a foreigner) of the head of the representative office/ branch. 6. Documents on the expected location of the representative office/ branch’s office, comprising: - A certified copy of the memo of understanding or location rental agreement or a document proving the right to use the location for opening the representative office/ branch; - A certified copy of the document on the expected location of the representative office/ branch which comply with Vietnamese regulations on security and order, occupational safety and health and other conditions
Dossier		7. A certified copy of the branch’s charter.
Place of issuance	The provincial-level Industry and Trade Department of a locality in which a representative office is scheduled to be located outside industrial parks, export processing zones, economic zones and hi-tech parks The management board of an industrial park, export-processing zone, economic zone or hi-tech park.	The Ministry of Industry and Trade may grant, re-grant, modify, extend or revoke the establishment license and terminate operation of a branch in case the establishment of such branch has not been regulated by any specialized legal document.
Settlement time	- For normal cases: 07 working days from the date of receipt of complete and valid dossiers. - For special cases: 13 working days from the date of receipt of complete and valid dossiers.
Fee	3.000.000 VND
Note	- In case the scope of operation of the representative office/branch is inconsistent with Vietnam’s Commitments or the foreign trader is not located in the country or territory being party to treaties to which Vietnam is a signatory and the case in which the establishment of representative office/ branch has not yet been regulated in any specialized legal document, the licensing agency shall submit a written request for directions to the relevant Ministry before granting or refusing to grant representative office/ branch establishment licenses to foreign trader.

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13/07/202212/10/2022

Limitations on permitted activities of representative offices of foreign traders in Vietnam

Representative office has always been a type of company formation chosen by foreign traders wishing to explore opportunities or expand their business in Vietnam due to its convenience in management and avoidance of the risks arising from local compliance procedures. However, foreign traders should carefully consider restricted activities applied to a representative office in order to avoid legal risks when operating.

I. Legal basics

Comercial Law No. 36/2005/QH11 dated 14/06/2005

Decree 07/2016/NĐ-CP dated 25/01/2016

Decree 98/2020/NĐ-CP dated 26/08/2020

II. What is a representative office of foreign investor in Vietnam?

A representative office of a foreign investor in Vietnam means a dependent unit of the foreign trader, which is established under the provisions of Vietnamese law to conduct market surveys and several commercial promotion activities permitted by Vietnamese law.

III. Permitted activities of representative office

Under Vietnamese law, though the representative office is a dependent unit of its foreign trader, it only plays a supportive role in researching market trends and conducting a number of commercial promotion activities. The representative office does not have actual “business” function; therefore its permitted activities are limited, including:

- Acting as a liaison office;
- Operating for researching and marketing surveys;
- Seeking for and conducting commercial promotion activities, business partners such as entering into contracts with traders conducting commercial advertising activities; directly organizing or participating in trade fairs and exhibitions for the traders that they are representing with valid letters of authorization from foreign traders;
- Renting offices, renting and purchasing equipment and facilities necessary for their operations;
- Recruiting Vietnamese and expatriate employees to work for them; and
- Opening accounts in foreign currencies or foreign currency-based Vietnam dong at banks licensed to operate in Vietnam and to be allowed to use those accounts solely for their operations.

IV. Restricted activities of representative office

Besides conveniences in market research activity, the representative office is forbidden to engage in the following activities:

- Directly conducting profit-generating activities in Vietnam;
- Conducting sale promotions themselves or hiring other traders to conduct sale promotions in Vietnam for the traders that they are representing;
- Directly conducting commercial advertising activities; directly organizing or participating in trade fairs and exhibitions;
- Directly displaying and introducing goods and/or services of traders they are representing, apart from displaying and introducing at representative office.
- Entering into contracts, amending or supplementing contracts already entered into by foreign traders, except where chief representatives obtain valid letters of authorization from foreign traders or other cases such as Renting offices, renting and purchasing equipment and facilities necessary for their operations; Recruiting Vietnamese and expatriate employees to work for them; Opening accounts in foreign currencies for their operations;
- Issuing invoices;
- Providing after-sale-services concerning a service or product provided by foreign traders; and
- Carrying out activities as an agent between a client and foreign traders.

In light of the information above, foreign traders should be cautious when conducting activities through their representative office in Vietnam, especially avoiding letting the representative office carry out profit-generating activities. Carrying out former restricted activities may lead to revocation of the right to use Representative office Establishment license.

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12/07/202218/07/2022

How to get Vietnam Food Safety License?

I. What is a food safety license?

A food safety license is also known as a certificates of food safety eligibility. In essence, a food safety license is a certificate issued by competent state agencies to establishments and enterprises producing and trading food products/services in order to prove the basis, that enterprise has fully met the necessary conditions for food safety and hygiene.

II. Cases exempted from food safety license

Pursuant to Article 11, 12 of Decree 15/2018/ND-CP, food manufacturer and seller must have a food safety license when operating, except for the following cases:

– Micro food manufacturers;

– Mobile food manufacturers and sellers;

– Micro food processors;

– Micro food sellers;

– Sellers of prepackaged foods;

– Manufacturers and sellers of instruments and materials for wrapping and storing food;

– Restaurants within hotels;

– Industrial kitchens not registered as a food business;

– Street food vendors;

– Any food business that has one of the following certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Point System (HACCP), Food safety management systems ISO 22000, International Food Standard (IFS), British Retail Consortium (BRC), Food Safety System Certification (FSSC 22000) or an equivalent certificate.

III. Conditions for granting a food safety license

Pursuant to clause 1, Article 34 Law on food safety 2010, an establishment shall be granted a food safety license when it fully meets the following conditions:

– Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in Chapter IV of this Law;

– Having registered for food production and trading as indicated in its business registration certificate.

IV. Competence to grant a food safety license

The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall specify the competence to grant food safety licenses in their assigned management domains. (Article 35 Law on food safety 2010)

V. Order of issuing food safety license

Step 1: Organizations and individuals producing and trading food shall submit an application for a food safety license to the competent state agency corresponding to the field in which they want to do business.

Step 2: Within 15 days from the date of receipt of complete and valid dossiers, competent state agencies shall physically inspect conditions for ensuring food safety at food production and trading establishments;

Step 3: The agency competent to issue a food safety license (if eligible), in case of refusal, must reply in writing and clearly state the reason.

VI. Dossier of application for a food safety license

1. An application for a certificate of food safety eligibility:
2. A copy of the business registration certificate:
3. Written explanations about the satisfaction of food safety and hygiene conditions of physical foundations, equipment and tools as prescribed by competent state management agencies:
4. Health certificates of the establishment’s owner and persons directly engaged in food production and trading, issued by a district- or higher-level health establishment:
5. Certificates of training in knowledge about food safety and hygiene of the establishment’s owner and persons directly engaged in food production and trading as prescribed by line ministers.

VII. Notes

– A food safety license is valid for 3 years.

– At least 6 months before the expiration date of food safety license, if the food producer or trader wishes to continue its/ his/her production or trading activities, it/he/she shall submit a dossier of application for the re-grant of food safety license.

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12/07/202218/07/2022

Overview of legal entities in Vietnam

I. Limited liability company

	Single-member limited liability company	Multiple-member limited liability company
General features	- The owner/member of the company is responsible for the debts and other property obligations of the enterprise to the extent of the amount of capital contributed to the enterprise. - The company must not issue shares except for equitization. - The company may issue bonds in accordance with Law on enterprise and relevant laws;
Number of members	An organization or an individual as an owner	There are from 02 to 50 members who are organizations and individuals
Organizational structure	- In case of an individual as an owner: + The company has a President, Director or General Director. + The owner of the company is the President of the company and can concurrently or hire another person to act as the Director or General Director. - In case the organization is the owner: Operating under one of the following two models: + The President, Director or General Director; + Board of members, Director or General Director.	The company has a Board of Members, President of the Board of Members, Director or General Director.

II. Partnerships

* Number of members:

There are least 02 partners (individuals) that are joint owners of the company and do business under the same name. ((hereinafter referred to as “general partner”). There can be limited partners (individuals or organizations) in addition to general partners.

* Limited liability of company members:

– The general partner shall be an individual whose liability for the company’s obligations is equal to all of his/her assets.

– The limited partner can be an organization or an individual whose liability for the company’s debts is equal to the promised capital contribution.

* Organizational structure

The Board of Members consists of all members and shall elect a partner as the President of the Board of Members, who may concurrently hold the position of Director or General Director of the partnership unless otherwise prescribed by the charter.

* Notes:

A partnership must not issue any kind of securities.

III. Joint Stock company

* Number of members:

Shareholders can be organizations and individuals.

* Limited liability of shareholders:

Normally, a joint stock company may choose one of the following models:

– General Meeting of Shareholders, Board of Directors, Board of Controllers and Director/General Director. If the joint stock company has fewer than 11 shareholders and the shareholders that are organizations hold less than 50% of the company’s total shares, a Board of Controllers is not mandatory;

– General Meeting of Shareholders, Board of Directors and Director/General Director. In this case, at least 20% of the members of the Board of Directors shall be independent members and there has to be an audit committee affiliated to the Board of Directors.

* Notes:

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

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29/06/202218/07/2022

List of Industrial Park in Vietnam

I. Industrial park in the North of Vietnam

HANOI	VINH PHUC	BAC NINH	HAI PHONG
1. Thang Long Industrial Park 2. Quang Minh I Industrial Park 3. Quang Minh II Industrial Park 4. Noi Bai Industrial Zone 5. Thach That – Quoc Oai IP 6. Hoa Lac Hi-tech Park 7. Ha Noi – Dai Tu Industrial Park 8. Ha Noi Southern Supporting Industrial Park (HANSSIP) 9. Sai Dong B Industrial Park 10. Bac Thuong Tin Industrial Park 11. Phung Hiep Industrial Park 12. Phu Nghia Industrial Park 13. Tu Liem Hi-Biotechnology Park	1. Thang Long III Industrial Park 2. Ba Thien 2 Industrial Park 3. Binh Xuyen Industrial Park 4. Binh Xuyen II Industrial Park 5. Khai Quang Industrial Park 6. Kim Hoa Industrial Park 7. Tam Duong Industrial Park 8. Tam Duong II Industrial Park 9. Phuc Yen Industrial Park 10. Lap Thach I Industrial Park 11. Song Lo Industrial Park 12. Son Loi Industrial Park 13. Chan Hung Industrial Park	1. VSIP Bac Ninh Industrial Park 2. Dai Dong – Hoan Son Industrial Park 3. Que Vo Industrial Park 4. Que Vo 3 Industrial Park 5. Yen Phong Industrial Park 6. Yen Phong II Industrial Park 7. Que Vo II Industrial Park 8. Tien Son Industrial Park 9. Nam Son – Hap Linh Industrial Park 10. Thuan Thanh Industrial Park 11. Thuan Thanh II Industrial Park 12. Thuan Thanh III Industrial Park 13. Dai Kim Industrial Park 14. Hanaka Industrial Park 15. Gia Binh Industrial Park 16. VSIP II Industrial Park	1. Deep C Industrial Zones 2. Nomura Hai Phong Industrial Park 3. VSIP Hai Phong Industrial Park 4. Trang Due Industrial Park 5. Nam Cau Kien Industrial Park 6. Do Son – Hai Phong Industrial Park 7. An Duong Industrial Park 8. Nam Dinh Vu Industrial Park 9. Vinashin – Shinec (SIP) Industrial Park 10. Trang Cat Industrial Park
HAI DUONG	HA NAM	QUANG NINH	HUNG YEN
1. Phuc Dien Industrial Park 2. Tan Truong Industrial Park 3. Dai An Industrial Park 4. Nam Sach Industrial Park 5. VSIP Hai Duong Industrial Park 6. Cong Hoa – Chi Linh Industrial Park 7. Lai Vu Industrial Park 8. Kim Thanh Industrial Park 9. Phu Thai Industrial Park	1. Dong Van I Industrial Park 2. Dong Van II Industrial Park 3. Dong Van III Industrial Park 4. Dong Van IV Industrial Park 5. Hoa Mac Industrial Park 6. Chau Son Industrial Park 7. Hoang Dong Industrial Park	1. Hoang Bo Industrial Park 2. Cai Lan Industrial Park 3. Dong Mai Industrial Park 4. Hai Yen Industrial Park 5. AMATA city Ha Long (Song Khoai Industrial Park) 6. Viet Hung Industrial Park 7. Hai Ha Industrial Park (Texhong Hai Ha Industrial Park) 8. Hoanh Bo Industrial Park	1. Pho Noi A Industrial Park 2. Pho Noi B Industrial Park 3. Thang Long Industrial Park II 4. Yen My II Industrial Park 5. Nhu Quynh A Industrial Park 6. Nhu Quynh B Industrial Park 7. Minh Duc Industrial Park 8. Ecoland Industrial Park
THAI BINH	YEN BAI	THAI NGUYEN	HOA BINH
1. Tien Hai Industrial Park 2. Phuc Khanh Industrial Park 3. Nguyen Duc Canh Industrial Park 4. Song Tra Industrial Park 5. Gia Le Industrial Park 6. Cau Nghin Industrial Park	1. South Yen Bai Province Industrial Park 2. Mong Son Industrial Park 3. Au Lac Industrial Park 4. Bac Van Industrial Park 5. Minh Quan Industrial Park	1. South Yen Bai Province Industrial Park 2. Mong Son Industrial Park 3. Au Lac Industrial Park 4. Bac Van Industrial Park 5. Minh Quan Industrial Park	1. Luong Son Industrial Park 2. Bo Trai Song Da Industrial Park 3. Yen Quang Industrial Park 4. Mong Hoa Industrial Park 5. Lac Thinh Industrial Park
BAC GIANG	PHU THO	THANH HOA	LANG SON
1. Dinh Tram Industrial Park 2. Quang Chau Industrial Park 3. Song Khe – Noi Hoang Industrial Park 4. Van Trung Industrial Park 5. Viet Han Industrial Park	1. Phu Ha Industrial Park 2. Cam Khe Industrial Park 3. Trung Ha Industrial Park 4. Thuy Van Industrial Park	1. Tay Bac Ga Industrial Park 2. Nghi Son Economic Zone 3. Le Mon Industrial Park	1. Dong Banh Industrial Park 2. Na Duong Industrial Park
NINH BINH	NAM DINH	TUYEN QUANG	HA GIANG
1. Tam Diep Industrial Park	1. Hao Xa Industrial Park 2. Bao Minh Industrial Park	1. Long Binh An Industrial Park	1. Binh Vang Industrial Park
SON LA
Mai Son Industrial Park

II. Industrial park in the Center of Vietnam

NGHE AN	THUA THIEN HUE	QUANG NAM	DA NANG
1. Hoang Mai I Industrial Park 2. Hoang Mai II Industrial Park 3. Nam Cam Industrial Park 4. Bac Vinh Industrial Park 5. Nghia Dan Industrial Park 6. Tho Loc Industrial Park 7. WHA Industrial Zone – Nghe An 8. VSIP Nghe An Industrial Park	1. Phong Dien Industrial Park 2. Phu Bai Industrial Park 3. Tu Ha Industrial Park 4. Phu Da Industrial Park 5. Quang Vinh Industrial Park 6. La Son Industrial Park	1. Dien Nam – Dien Ngoc Industrial Park 2. Thuan Yen Industrial Park 3. Dong Que Son Industrial Park 4. Tay An Industrial Park 5. Bac Chu Lai Industrial Park 6. Tam Anh Industrial Park 7. Tam Thang Industrial Park 8. Tam Hiep Industrial Park 9. Phu Xuan Industrial Park	1. Expanded Hoa Khanh Industrial Zone 2. Lien Chieu Industrial Zone 3. Hoa Khanh Industrial Zone 4. Da Nang Seafood Services Industrial Zone 5. Hoa Cam Industrial Zone 6. The Danang Hi-tech Park 7. Long Hau Hi-tech Factory
QUANG NGAI	QUANG BINH	BINH DINH	PHU YEN
1. Pho Phong Industrial Park 2. Quang Phu Industrial Park 3. Tinh Thong Industrial Park 4. Dung Quat Economic Zone 5. Sai Gon – Dung Quat Industrial Park 6. VSIP Quang Ngai Industrial Park	1. Tay Bac Dong Hoi Industrial Park 2. Cang Bien Hon La Industrial Park 3. Hon La II Industrial Park 4. Bang Industrial Park 5. Cam Lien Industrial Park	1. Phu Tai Industrial Park 2. Long My Industrial Park 3. Nhon Hoa Industrial Park 4. Nhon Hoi Industrial Park 5. Hoa Hoi Industrial Park	1. Hoa Hiep 1 Industrial Park 2. An Phu Industrial Park 3. Dong Bac Song Cau I Industrial Park 4. Dong Bac Song Cau II Industrial Park
QUANG TRI	HA TINH	KHANH HOA
1. Quan Ngang Industrial Park 2. Nam Dong Ha Industrial Park	1. Ha Vang Industrial Park 2. Gia Lach Industrial Park	1. Suoi Dau Industrial Park 2. Ninh Thuy Industrial Park

III. Industrial park in the South of Vietnam

HO CHI MINH	BINH DUONG	DONG NAI	LONG AN
1. Tay Bac Cu Chi Industrial Park 2. Ho Chi Minh City’s Automotive – Mechanical Industrial Park 3. Dong Nam Industrial Park 4. Tan Phu Trung Industrial Park 5. Tan Thoi Hiep Industrial Park 6. Quang Trung Software City 7. Vinh Loc Industrial Park 8. Tan Binh Industrial Park 9. Linh Trung 1 Export Processing Zone 10. Linh Trung 2 Export Processing Zone 11. Binh Chieu Industrial Park 12. Saigon Hi-tech Park 13. Cat Lai 2 Industrial Park 14. Tan Thuan Industrial Park 15. Hiep Phuoc Industrial Park 16. Unika Vie-Pan Rental 17. Phong Phu Industrial Park 18. Tan Tao Industrial Park 19. Le Minh Xuan Industrial Park 20. Anh Ha Industrial Park 21. Xuan Thoi Thuong Industrial Park	1. Bau Bang Industrial Park 2. Rach Bap An Dien Industrial Park 3. Protrade International Tech Park 4. My Phuoc 1 Industrial Park 5. My Phuoc 2 Industrial Park 6. My Phuoc 3 Industrial Park 7. My Phuoc 4 Industrial Park 8. Dong An Industrial Park 9. Dong An 2 Industrial Park 10. Kim Huy Industrial Park 11. Mapletree Industrial Park 12. Phu Gia Industrial Park 13. Dat Cuoc Industrial Park 14. Nam Tan Uyen Industrial Park 15. Song Than 1 Industrial Park 16. Song Than 2 Industrial Park 17. Song Than 3 Industrial Park 18. Dai Dang (De Den) Industrial Park 19. Viet Hung 1 Industrial Park 20.VSIP 1 Industrial Park 21. VSIP 2A INDUSTRIAL PARK 22. VSIP 2B Industrial Park 23. Tan Dong Hiep Industrial Park 24. Tan Dong Hiep A Industrial Park 25. Tan Dong Hiep B Industrial Park 26. Viet Huong 1 Industrial Park 27. Viet Huong 2 Industrial Park 28. Binh An Textile and Garment Industrial Park 29. Mai Trung Industrial Park 30. Binh Duong Industrial Park 31. Vinh Tan – Tam Binh Industrial Park 32. Thoi Hoa Industrial Park	1. Thanh Phu Industrial Park 2. Bien Hoa 1 Industrial Park 3. Bien Hoa 2 Industrial Park 4. Amata City Bien Hoa Industrial Park 5. Loteco Industrial Park 6. Song May Industrial Park 7. Ho Nai Industrial Park 8. Bau Xeo Industrial Park 9. Giang Dien Industrial Park 10. Tam Phuoc Industrial Park 11. Long Thanh Industrial Park 12. An Phuoc Industrial Park 13. Long Duc Industrial Park 14. Loc An – Binh Son Industrial Park 15. Nhon Trach 1 Industrial Park 16. Nhon Trach 2 Industrial Park 17. Boustead Industrial Park 18. Nhon Trach 3 (Phase 1) Industrial Park 19. Nhon Trach 3 (Phase 2) Industrial Park 20. Nhon Trach 5 Industrial Park 21. Nhon Trach 6 Industrial Park 22. Go Dau Industrial Park 23. Ong Keo Industrial Park 24. Nhon Trach Textile Industrial Park 25. Dinh Quan Industrial Park 26. Long Khanh Industrial Park 27. Loc Khang Industrial Park (Nhon Trach 2 – Loc Khanh Industrial Park) 28. Nhon Trach 2 – Nhon Phu Industrial Park 29. Tan Phu Industrial Park 30. Xuan Loc Industrial Park 31. Agtex Long Binh Industrial Park 32. Dau Giay Industrial Park 33. Suoi Tre Industrial Park 34. Amata City Long Thanh Industrial Park 35. Phuoc Binh Industrial Park 36. GT-Industrial Rental Factories Campus	1. Duc Hoa 1 Industrial Park 2. Duc Hoa 3 Industrial Park 3. Xuyen A Industrial Park 4. Tan Duc Industrial Park 5. Phu An Thanh Industrial Park 6. Vinh Loc 2 Industrial Park 7. Thuan Dao Industrial Park 8. Nhut Chanh Industrial Park 9. Hoa Binh Industrial Park 10. Phuc Long Industrial Park 11. Cau Tram Industrial Park 12. KIZUNA 1&2&3 Rental Service Factory 13. Tan Kim Industrial Park 14. Long Hau Industrial Park 15. Long Hau 3 Industrial Park 16. Cau Cang Phuoc Dong Industrial Park 17. Thanh Duc Industrial Park
TAY NINH	BINH PHUOC	BA RIA - VUNG TAU	CAN THO
1. Phuoc Dong – Boi Loi Industrial Park 2. Linh Trung 3 Industrial Park 3. Thanh Thanh Cong Industrial Park 4. Trang Bang Industrial Park 5. Tram Vang Industrial Park 6. Hiep Thanh Industrial Park 7. Cha La Industrial Park 8. Bourbon An Hoa – TransAsia Industrial Garden 9. Linh Trung 3 Export Processing Zone (Linh Trung EPZ) 10. Phuoc Dong Industrial Park	1. Minh Hung – Han Quoc Industrial Park 2. Minh Hung III Industrial Park 3. Bac Dong Phu Industrial Park 4. Nam Dong Phu Industrial Park 5. Dong Xoai I Industrial Park 6. Dong Xoai II Industrial Park 7. Dong Xoai III Industrial Park 8. Chon Thanh I Industrial Park 9. Chon Thanh II Industrial Park 10. Becamex Binh Phuoc Industrial Park 11. International Hoa Lu Border Gate	1. My Xuan B1 Industrial Park 2. My Xuan Tien Hung Industrial Park 3. My Xuan Dai Duong Industrial Park 4. My Xuan A1 Industrial Park 5. My Xuan A2 Industrial Park 6. Phu My 1 Industrial Park 7. Phu My 2 Industrial Park 8. Phu My 3 Specialized Industrial Park 9. Cai Mep Industrial Park 10. Chau Duc Industrial Park 11. Dong Xuyen Industrial Park 12. Long Son Industrial Park 13. Dat Do Industrial Park	1. Tra Noc I Industrial Park 2. Tra Noc II Industrial Park 3. Hung Phu I Industrial Park 4. Hung Phu II Industrial Park 5. Thot Not I Industrial Park 6. O Mon Industrial Park 7. Can Tho High-tech Park
VINH LONG	KIEN GIANG	DONG THAP	TIEN GIANG
1. Binh Minh Industrial Park 2. Hoa Phu Industrial Park 3. Dong Binh Industrial Park 4. An Dinh Industrial Park 5. Binh Tan Industrial Park	1. Thanh Loc Industrial Park 2. Xeo Ro Industrial Park 3. Tac Cau Industrial Park 4. Kien Luong I Industrial Park	1. Sa Dec Province Industrial Park 2. Tran Quoc Toan Industrial Park 3. Song Hau Industrial Park 4. Ba Sao Industrial Park 5. Tan Kieu Industrial Park	1. My Tho Industrial Park 2. Tan Huong Industrial Park 3. Long Giang Industrial Park 4. Soai Rap Petroleum Services Industrial Park
AN GIANG	BEN TRE	SOC TRANG	TRA VINH
1. Binh Hoa Industrial Park 2. Binh Long Industrial Park 3. Vam Cong Industrial Park	1. Giao Long Industrial Park 2. An Hiep Industrial Park 3. Phu Thuan Industrial Park	1. An Nghiep Industrial Park 2. Tran De Industrial Park 3. Dai Ngai Industrial Park	1. Cau Quan Industrial Park 2. Long Duc Industrial Park 3. Co Chien Industrial Park
BAC LIEU	HAU GIANG	CA MAU
1. Tra Kha Industrial Park 2. Lang Tram Industrial Park	1. Song Hau (Phase 1) Industrial Park 2. Tan Phu Thanh Industrial Park	1. Hoa Trung Industrial Park 2. Khanh An Industrial Park

If you need a consultation regarding to invest in Vietnam, don’t hesitate to contact HT.

Contact us

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

28/06/202218/07/2022

How to register a company in Vietnam 2022: A step by step guide

1. Why choosing Vietnam to set up a business?

2022 is a year marking the recovery and development of Vietnam’s economy, the rapid development from large investment sources from abroad in various fields such as tourism, real estate, manufacturing, etc. post-covid import.

The Vietnamese government has issued many preferential and supportive policies for foreign businesses, so the establishment of businesses, branches and representative offices to expand the market and seek profits is an effective method.

2. General Conditions:

According to the provisions of the Investment Law 2020, foreigners are allowed to establish companies in Vietnam.

However, before establishing a company, foreign investors must meet the conditions on the percentage of charter capital, market access conditions, and industry conditions, along with investment projects and carry out investment registration procedures.

3. Types of enterprises that foreigners can establish:

Limited liability company
Joint Stock Company
Partnerships
Representative office
Branch

4. Procedures for registration of business establishment

Step 1: Carry out procedures for issuance of investment registration certificates, unless the procedures for approval of investment policies are not carried out by the People’s Committee, the Prime Minister, or the National Assembly.

Step 2: Carry out the procedures for granting an enterprise registration certificate

Depending on the type of business that the investor wants to establish, the investor needs to prepare different documents for each type.

Foreign investors can refer to more articles about each type of business on HTLaw’s website to know more details.

Step 3: Submit the initial tax return.

Step 4: Engrave company seal and sign.

Step 5: Buy digital signatures, electronic invoices.

Step 6: Open a bank account, contribute capital.

23/06/202218/08/2022

VIETNAM VISA RUN

What is Visa run?

Visa run is a short-term trip across international borders to re-establish a visa in the country of original departure.

Visa run aims to reduce costs for foreigners when their visas are about to expire but do not want to spend a lot of money when forced to exit, or for extention.

Many countries around the world enter without a visa or issue a visa for a certain period of time that a foreigner can stay in this country. A popular example is Thailand, Cambodia allows visitors with just a passport to stay in this country for 30 days without a visa.

However, up to now Cambodia still requires documents related to compliance with measures to prevent covid 19 infection, such as a negative certificate for Covid 19 by RT-PCR issued in within 72 hours before entry, certifying full dose of vaccine, etc.

2. What to prepare for Visa run?

To apply for a visa quickly, foreigners carrying out visa need to prepare the following documents:

Original passport valid for at least 06 months
Photos 3×4
Visa stamp fee
Approval letter from Immigration Department
Vaccination Certificate

3. Visa Run Process at the border gate:

Step 1: Apply for an Approval Letter from the Immigration Department

Step 2: Arrive at the border gate of that country.

Step 3: Exit at the border gate.

Step 4: Carry out entry and exit procedures in neighboring countries

Step 5: Return to the original country to carry out immigration procedures.

Step 6: Pay the fee and get the visa at the border gate.

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

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

21/06/202218/08/2022

The different between temporary residence card and visa

First of all, we would like to give our warm greetings to our valued client.

Today, we would like to introduce with the client about Temporary Residence Cards(TRC). Please kindly find detail information for “Applying for temporary residence cards for foreigner” below.

1. General introduction

Temporary Residence Cards (TRC) are required for long-term foreigners living in Vietnam. This document is more convenient than visa, because of reasons as follows:

Visa	TRC
The client can get visa for 1 month, 3 months, 6 months or 1 year. If the client get visa 1 year, however, the client just stay in Viet Nam within 6 months and the client has to leave and come back Viet Nam then continue to live with the rest 6 months later.	Will be a 1 year, 02 years, 03 years or maximum 05 years residence card. The TRC replaces the need for an equivalent visa in the meantime the foreigner living in Vietnam.

2. Requirement documents

Based on the experience of advising clients on dossiers, we recognize that the records have 4 cases below:

- If the applicant is an investor, the following documents should be prepared

No.	Name of document	Quantity	Type
1	Passport	1	Original
2	Investment Registration Certificate	1	Notarized copy
3	Enterprise Registration Certificate	1	Notarized copy
4	The company’s stamp registration certificate	1	Copy + Stamp by company
5	Temporary Residence Registration of ward police offices where the client is staying in Viet Nam	1	Original
6	The latest letter of visa to enter Vietnam	1	Copy
7	Photo (2×3 cm, white background)	3
8	Tax report 3 months latest	1	Copy

- If the applicant is shareholder of a company in Vietnam, the following documents should be prepared:

No.	Name of document	Quantity	Type
1	Passport	1	Original
2	Enterprise Registration Certificate	1	Notarized copy
3	The company’s stamp registration certificate	1	Copy + Stamp by company
4	Written approval of capital contribution	1	Notarized copy
5	Exemption of work permit	1	Notarized copy
7	Temporary Residence Registration of ward police offices where the client is staying	1	Original
8	The latest letter of visa to enter Vietnam	1	Copy
9	Photo (2×3 cm, white background)	3
10	Tax report 3 months latest	1	Copy

- If the applicant is Worker, the following documents should be prepared:

No.	Name of document	Quantity	Type
1	Passport	1	Original
2	Enterprise Registration Certificate	1	Notarized copy
3	The company’s stamp registration certificate	1	Copy + Stamp by company
4	Work permit	1	Notarized copy
5	Temporary Residence Registration of ward police offices where the client is staying	1	Original
7	The latest letter of visa to enter Vietnam	1	Copy
8	Photo (2×3 cm, white background)	3
9	Tax report 3 months latest	1	Copy

- If the applicant has any relationship in Vietnam, such as wife, husband:

No.	Name of document	Quantity	Type
1	Passport	1	Original
2	Marriage certificate or Birth certificate	1	Copy legalization
3	Temporary Residence Registration of ward police offices where the client is staying	1	Original
4	The latest letter of visa to enter Vietnam	1	Copy
8	Photo (2×3 cm, white background)	3
9	If the applicant sponsored by their husband’s company or their wife’s company so they need to provide other document relate to sponsor company

- Timeline

It will take 2 weeks to get it done

For more detailed information about the application and procedures to apply for a Temporary Residence Card in Vietnam, you contact HT:

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

20/06/202219/07/2022

Setting up an international travel business in Vietnam

Setting up a travel business in Vietnam - HT law

After the Covid-19 epidemic, the tourism industry is transforming again with many new steps, the number of tourists is increasing sharply. Since then, there has been an increasing demand for establishment of international travel business, especially foreign-invested enterprises.

Receiving questions about the establishment conditions as well as related issues, HT Law would like to introduce an article about establishing a foreign-invested international travel business.

Legal grounds:

The WTO’s Commitment Schedule on Trade in Services;
The Investment Law 2020, was promulgated by the National Assembly on June 17, 2020.
On June 17, 2020, the National Assembly passed Enterprise Law 2020.
The Tourism Law 2017, promulgated by the National Assembly on June 19, 2017,
On October 28, 2021, the government issued a statement.

I. Form of international travel business for foreign-invested enterprises

According to the WTO Commitment Schedule on trade in services, for travel services, foreigners are allowed to trade in international travel services in Vietnam in the form of capital contributions with Vietnamese partners, not to set up a company with 100% foreign investment capital.

II. Scope of operation for foreign-invested international travel business

According to the provisions of Clause 4, Article 30 of the Law on Tourism 2017, the provisions: “Foreign-invested enterprises may only provide travel services for international tourists to Vietnam, except in the case of an international treaty to which the Socialist Republic of Vietnam is a contracting party has other rule”. Thus, foreign-invested enterprises operating in Vietnam are only allowed to operate international travel services to serve international visitors to Vietnam and are not allowed to serve Vietnamese tourists abroad or serve tourism between non-Vietnamese countries.

III. Operating conditions for foreign-invested international travel business

According to Clause 1, Article 31 of the Tourism Law 2017, foreign-invested enterprises wishing to do business in the travel industry must meet the following conditions:

1. As a suspected enterprise that is subject to the provisions of the law on the enterprise, it is also understood that the enterprise must have a license to operate in travel services.
2. Deposit VND 50,000,000 for international travel service business at the bank.
3. The person in charge of the travel services business must graduate from a college or higher majoring in travel; in the case of graduating from a college or higher in another major, he/she must have a certificate of international tourism operation.

IV. Setting up an international travel business

Step 1: Complete the procedures for issuing investment registration certificates.

Step 2: Carry out procedures for the issuance of business registration certificates.

Step 3: Engrave seal, open bank account, contribute capital

Step 4: Carry out the procedures for granting a travel service business license.

Pursuant to Clause 2, Article 38 of the Tourism Law 2017 referring to Article 32 of the Tourism Law 2017, the application for issuance of a license for travel services includes:

1. The application for an business license for domestic business according to the form prescribed by the Minister of Culture, Sports and Tourism;
2. Certified copy of Certificate of Business Registration;
3. Certificate of deposit for travel service business;
4. A certified copy of the appointment decision or the labor contract between the tour operator and the person in charge of the travel service business;
5. A certified true copy of the diploma or certificate of the person in charge of the travel service business specified at Point c, Clause 1, Article 31 of the Law on Tourism.

– Note:

1. Number of dossiers: 1 set

2. Within 10 days from the day on which the valid application is received, the specialized tourism agency of the province shall appraise and grant the license to provide domestic travel services to the enterprise; In case of refusal, it must be notified in writing and clearly state the reasons therefor.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Setting up a international travel business in Vietnam.

Contact us

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

20/06/202224/10/2022

Convert Vietnam Temporary Residence Card: Labor to Visiting relatives

Chuyển đổi Thẻ tạm trú Lao Động sang Thăm thân

Foreign workers who are working or living in Vietnam, have a Vietnamese spouse who has been granted a Temporary Residence Card (TRC LD) and wishes to convert to a Temporary Residence Card for Visiting Relatives (TRC TT) .

Do employees have to return their temporary residence card to the authorities?

After returning the LD Temporary Residence Card, can foreigners continue to stay in Vietnam and convert the LD Temporary Residence Card to TT Temporary Residence Card?

1. Principle

In principle, when a foreign worker working in Vietnam wants to convert his temporary residence card to another form of temporary residence card, the foreigner must have a reason to convert. Not all cases can be converted to visa purposes.

In case of converting from LD Temporary Residence Card to TT Temporary Residence Card, the employee will carry out the procedure to convert the LD Temporary Residence Card to a visiting relatives visa, then submit a new application for the TT Temporary Residence Card.

Note: Visiting relative visa and TT temporary residence card (visiting relatives) are completely different in terms of visa duration. To know more about the difference between a visa and a temporary residence card, please see the relevant article here.

2. Licensing authorities

- If the Vietnamese spouse of the sponsored person has household registration in Hanoi, Ho Chi Minh City, the application is made respectively at the Immigration Department of Hanoi, Ho Chi Minh City.
- If the sponsored person’s Vietnamese spouse has a household registration from Da Nang to the north of Vietnam, the application is made at the Immigration Department of Hanoi, 44-46 Tran Phu Street, Ba Dinh District, Hanoi.
- If the Vietnamese spouse of the guarantor has a household registration from Quang Nam to the south of Vietnam, the application is made at the Immigration Department of Ho Chi Minh City, 333-335-337 Nguyen Trai Street. , District 1, TP. Ho Chi Minh.

3. The process of converting from a temporary residence card labor type to a visiting family type

Step 1: Return the Temporary Residence Card and carry out the procedures to apply for a Visitor Visa for the spouse who is a foreign worker at the Immigration Department or the Immigration Department

Conversion visiting relative visa procedure file:

- Certified copy of marriage registration certificate; or consular legalization if the marriage registration certificate is issued in a foreign country.
- Original passport of foreigner applying for TRC
- Decision to terminate the labor contract
- Model NA3
- Certified copy of ID card of Vietnamese spouse
- The current labor temporary residence card (Original).

Processing time: 07 – 10 working days

Step 2: Carry out procedures to apply for a temporary residence card Visiting relatives for a spouse who is a foreign worker

Dossier for granting temporary residence card to visit relatives

- Certified copy of marriage registration certificate; or consular legalization of marriage registration certificates issued in foreign countries.
- Original passport of foreigner applying for TRC
- Original certificate of temporary residence for foreigners issued by the Ward Police
- Certified copy of household registration book of spouse who is Vietnamese
- 04 Photos (Size 2*3 cm, white background, no glasses, no hat)
- Certified copy of ID card of Vietnamese spouse

Processing time: 07 – 10 working days

Step 3. Receive the results at the Immigration Department or the Immigration Department where you apply for a temporary residence card

4. Notes

Thus, the conversion of LD temporary residence card to TT temporary residence card can be done in Vietnam, the applicant does not need to leave the country to apply for a new family visit visa if:

- The current temporary residence card is still valid
- Prepare all documents as mentioned above (especially note: Decision on termination of labor contract at the place of work, guarantee of temporary residence card).

In case the current LD temporary residence card is about to expire, or the applicant cannot provide the decision to terminate the contract at the place where he/she is working/where he/she is sponsoring the LD temporary residence card. Then you have to exit the country to apply for a visa to visit relatives/visa-free. After re-entering Vietnam, prepare documents to apply for a new TT temporary residence card.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Convert Temporary Residence Card: Labor to Visit Relatives.

Contact us

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

15/06/202218/07/2022

Import and export of petroleum in Vietnam

HTLaw - Import and export petroleum in Vietnam

Petroleum is a particularly important business object, affecting the national economy and politics. Therefore, import and export of petroleum is regulated by Vietnamese law as a conditional business line and limited to investment subjects. Below, HTLaw will summarize some regulations on petroleum import and export industry in Vietnam.

A. For foreign-invested economic organizations:

Schedule of WTO commitments:

Foreign investors are not allowed to exercise distribution rights to crude oil and processed oil.

Law of Vietnam:

Circular 34/2013/TT-BCT dated December 24, 2013

Foreign-invested economic organizations may not exercise export rights to petroleum and oils obtained from bituminous minerals, in raw form; crude oil; condensate, and others. In case a foreign investor is a petroleum contractor according to the provisions of the Petroleum Law, he is entitled to export the oil and gas part under his/her ownership.

Foreign-invested economic organizations may not exercise the right to import oil derived from petroleum and oils obtained from bituminous minerals, except crude oil; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, the basis of which such preparations; waste oil.

Foreign-invested economic organizations may not exercise distribution rights to crude oil and processed oil, including petroleum and oils obtained from bituminous minerals, in raw form; petroleum oils and oils obtained from bituminous minerals.

Foreign-invested economic organizations may produce petrol and oil with conditions consistent with the approved planning.

B. For Vietnamese investors

I. Conditions for petroleum import and export

1. Enterprises established in accordance with the law

2. Having a dedicated wharf located in the international port system of Vietnam, ensuring the reception of petroleum tankers or other means of petroleum transport with a tonnage of at least seven thousand tons (7,000 tons), belonging to the State’s ownership. owned or co-owned or leased for five (05) years or more.

3. Have a warehouse to receive imported petrol and oil with a minimum capacity of fifteen thousand cubic meters (15,000 m3) to directly receive petroleum from petrol tankers and other specialized petrol and oil transport vehicles, owned by the enterprise or jointly owned or leased by a trader providing petroleum services for five (05) years or more.

4. Having a vehicle for domestic petroleum transportation owned by an enterprise or jointly owned or leased by a trader providing petroleum services for five (05) years or more.

5. Having a petroleum distribution system: At least ten (10) retail stores owned or owned and co-owned by the business, at least forty (40) general agents or retailers of gasoline oil under the distribution system of traders.

6. Traders engaged in the export and import of jet fuel are not required to have a distribution system specified in Clause 5 of this Article but must have a vehicle for refueling and refueling of jet fuel owned or co-owned by the trader.

II. Competence, dossiers, and order of granting petrol and oil import and export business licenses

1. Authority to grant new, supplement, amend and re-grant

Ministry of Industry and Trade

2. Dossier of application for a license to trade in petrol and oil import and export

For the new issues, the dossier includes:

a) An application form for a license to import and export petrol and oil, made according to Form No. 1 in the Appendix to this Decree;

b) Copy Certificate of business registration;

c) A list of material and technical facilities in service of petrol and oil trading as prescribed in Clauses 2, 3, and 4, Article 7 of this Decree, enclosed with supporting documents;

d) List of petrol and oil retail stores owned or owned and co-owned, a list of general agents and agents in the trader’s petroleum distribution system according to the above conditions, enclosed with supporting documents.

3. Procedures for granting a petrol and oil import and export business license

a) The trader sends one (01) dossier to the Ministry of Industry and Trade.

b) In case there are not enough valid dossiers, within seven (07) working days from the date of receiving the trader’s dossier, the Ministry of Industry and Trade shall make a written request to the trader to supplement.

c) Within thirty (30) working days from the date of receipt of a valid application, the Ministry of Industry and Trade is responsible for reviewing, appraising, and granting a petrol and oil import and export business license according to Form No. 2 in the Appendix attached to this Decree for the traders. In case of refusal to grant a license, the Ministry of Industry and Trade must reply in writing and clearly state the reasons therefor.

III. Duration

The petrol and oil import and export business license is valid for five (05) years from the date of renewal.

IV. Fees

According to the regulations of the Ministry of Finance.

V. Revoking the license to export and import petrol and oil

Authority to withdraw: Ministry of Industry and Trade

Cases:

– Traders do not continue to conduct import and export business of petrol and oil for a period of one (01) quarter or more;

– The trader goes bankrupt according to the provisions of law;

– The trader does not fully satisfy the conditions for export and import business as prescribed in Article 7 of this Decree;

– The trader fails to store petrol and oil according to the provisions of Article 31 of this Decree;

– Traders commit repeated violations or re-violations of regulations on quality assurance of petrol and oil circulating on the market in this Decree and other cases as prescribed by law.

VI. Import and Export Limits

(Article 12 Circular 38/2014/TT-BCT)

1. Registration dossier is one (01) set, including:

a) A written request clearly stating the registered quantity and type of petrol and oil to be assigned the minimum import limit.

b) Report on the import of petrol and oil of the unit in the year.

2. Traders engaged in petroleum import and export business shall send one (01) set of registration dossiers for registration of the minimum import limit of petrol and oil of the “next year” to the Ministry of Industry and Trade before November 15 of the current year.

3. Within thirty (30) working days from the date of receipt of registration dossiers of petrol and oil importers and exporters, the Ministry of Industry and Trade shall assign the minimum limit on petroleum import to enterprises. industry, by type of petroleum.

4. In case the trader does not assign the minimum import limit of petrol and oil to the trader, the Ministry of Industry and Trade shall reply in writing and clearly state the reason.

5. In case there is a need to adjust the minimum import limit of petrol and oil, the trader shall send a written request for an adjustment to the Ministry of Industry and Trade before September 30 every year.

VII. Note

– Only domestic petrol and oil storage facilities and means of transport may be rented from traders providing petroleum services. It is not allowed to rent warehouses and means of domestic petroleum transportation from other key traders.

– Comply with the provisions of the law on “fire prevention, fighting and environmental protection” during business operations.

– Only transshipment, oil, and gas on board at the positions prescribed by the Ministry of Transport of the People’s Committee of the province or city directly under the Central Government; transshipment, to the side of fuel from large ships or other means of transport that Vietnamese ports cannot directly receive as prescribed by port authorities.

– Jointly take responsibility for violations committed by general agents, agents, and traders who receive the right to retail petrol and oil under their distribution system in petrol and oil trading activities in accordance with the law.

– Uniformly apply the retail price of petrol and oil throughout its distribution system, except for the case of selling petrol to a “distributor” of petrol.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HTLaw for advice and support for Business license for export and import of petrol and oil services.

Contact us

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

06/06/202218/08/2022

The procedure for new issuance of work permit in special cases

I. Special cases

1. A foreign worker who has been issued with a work permit which remains valid wishes to work for another employer at the same job position and job title in the work permit.
2. A foreign worker who has been issued with a work permit which remains valid wishes to work for the same employer but at another job position or job title or working form in the work permit

II. The order of execution

Step 1. Register the need to use foreign workers

At least 30 days before the expected date of employment of foreign workers, the employer needs to register the need to employ foreign workers.

Estimated settlement time: 10 working days.

Step 2. Apply for a Work Permit

At least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must submit an application for a work permit.

Estimated settlement time: 05 working days.

III. Dossier to apply for a Work Permit

Case 1: A foreign worker who has been issued a work permit that remains valid wishes to work for another employer at the same job position and job title in the work permit.

1. A written request for a work permit (Form 11)
2. A document issued by the former employer certifying that he/she has been working there
3. Enterprise Registration Certificate
4. A valid certified true copy of passport as per the law.
5. 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
6. An acceptance of demand for foreign workers, unless it is not required.
7. A certified true copy of the current work permit

Case 2: A foreign worker who has been issued with a work permit that remains valid wishes to work for the same employer but at another job position or job title or working form in the work permit

In addition to the documents as in case 1 (except for a document issued by the former employer certifying that he/she has been working there), the foreign worker needs to prepare the following additional documents:

1. Documents proving that they are managers or experts as prescribed by law. As follows:

– For managers: Confirmation of working experience of at least 3 years in a manager position

– For experts: Have a university degree or higher or equivalent and have at least 3 years of working experience in specialized training that is suitable for the job position that the foreign worker is expected to work in Vietnam.

2. Oath to confirm the identity: In the case of the name of the foreign worker on the passport and on other documents is not exactly the same.

* Note:

Foreign documents must be consular legalized, except for cases where they are exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are members or under the principle of reciprocity or as prescribed by law; translated into Vietnamese and authenticated in accordance with Vietnamese law.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for applying Work permit.

Contact us

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

06/06/202206/06/2022

Report the situation of using foreign employees

HT Law sends customers information to report the situation of using foreign employees for organizations and enterprises operating in Ho Chi Minh City according to Official Letter 18502/SLDTBXH-VLATLD issued on May 30, 2022.

Pursuant to Decree 152/2020/ND-CP issued on December 30, 2020 and Circular 01/2022/TT-BLDTBXH issued on January 25, 2022, in order to strictly comply with regulations on reporting the situation of using foreign employees and providing information on the working status of working foreign employees, the Department of Labor, War Invalids and Social Affairs proposes It is recommended that the units do the following:

1. Make reports on the employment of foreign employees for 6 months and for the annual year as prescribed in Article 6 of Decree No. 152/2020/ND-CP:

- Report form: Form No. 07/PLI, Appendix 1, Decree 152/2020/ND-CP
- Time to submit reports:

+ 6-month report: The timeline for data aggregation is from December 15 of the previous year to June 14 of the reporting period.

Time to submit the report: from June 15 to July 4

+ Annual report: Timeline for data collection from December 15 of the previous year to December 14 of the reporting period.

- Report submission form: Organizations and enterprises submit reports to the Department of Labor, War Invalids and Social Affairs (through the Department of Employment and Occupational Safety) in the online form by:

Access the Google Form link: https://forms.gle/JKW4gGgKUQfsrJYcA

Reports submitted online include general information, a signed and red-stamped copy of the report (*.pdf file) and a soft copy (Word or Excel file) for easy tracking and consolidation.

1. Information on the working status of foreign workers currently working as prescribed in Article 14 of Circular 01/2022/TT-BLDTBXH:

- Form of information provision form: Form No. 03 in the Appendix issued together with Circular 01/2022/TT-BLDTBXH.

Foreign employees self-declare the contents according to Form No. 03, in case foreigners are unable to do so, the organization or enterprise employing foreign employees shall declare information.

- Form of implementation:

Organizations, businesses and individuals access the Google Form link: https://forms.gle/haXiymPeuKLeGQPx8

- Time to provide information: From June 1 to June 30

After the time specified above, the Department of Labor, War Invalids and Social Affairs does not accept reports submitted by organizations or enterprises; at the same time, it will be aggregated as a basis to confirm the observance of legal regulations at the request of agencies to avoid regulations according to Article 32 of Decree No. 12/2022/ND-CP dated January 17, 2022 The Government’s regulations on sanctioning of administrative violations in the field of labor, social insurance and Vietnamese employees working abroad under contracts.

HT provides legal services to report employee usage situations. If you do not have time to carry out the above procedure, you can contact us to receive a specific and detailed quote.

Contact us

- Email: hue.truong@htlaw.vn
- Phone no.: +84 935 439 454.

31/05/202214/07/2022

Top 7 prestigious work permit services for foreigners in Ho Chi Minh City

Are you looking for a reputable and professional company providing work permit services for foreigners in Ho Chi Minh City? Applying for a work permit is a complicated procedure, involving many different legal issues. Therefore, cooperating with companies that make work permits for foreigners is the best way for businesses to save time, effort, and money while maintaining efficiency. But to ensure safety and prestige, where should you go to apply for a work permit for foreigners in Ho Chi Minh City? Let’s find out now!

1. HT Immigration & Investment Co., Ltd

Topping the list of reputable and professional service providers of work permits for foreigners is HT Immigration & Investment Co., Ltd. The company was established in 2018, with a team of staff with solid legal backgrounds, and rich experience in the field of investment and immigration. The company specializes in providing legal services for foreigners such as:

• Visa on entry for business, investment, labor, visit relatives
• Work permit, work permit exemption
• Temporary residence card (visit relatives, work, invest)
• Judicial Records
• Health certificate
• Marriage, divorce, adoption with foreign elements
• Settlement of legal proceedings: commercial, civil, labor
• Establishing a company, representative office

The business philosophy of HT Investment & Immigration Co., Ltd is that the customer’s success is HT’s success. Coming to HT, customers will receive a free initial consultation. And during the application process, the company always provides dedicated support to complete the work entrusted by the customer.

HT makes work permits for foreigners in Ho Chi Minh City

HT staff is consulting to clients about work permits

Contact information:

- Address: OT1 – 04.12 Saigon Royal Building, 34-35 Ben Van Don, Ward 13, District 4, Ho Chi Minh City, Vietnam
- Hotline: 028 62 757 694 | 0935 439 454
- Email: hue.truong@htlaw.vn
- Website: https://htlaw.vn/vi/

2. Visa Dat Viet

Visa Dat Viet is a company providing work permit services for foreigners, temporary residence cards, visas, immigration officials in Ho Chi Minh City. You can count on the service this unit provides thanks to its many years of experience in the market.

The reasons to choose Visa Dat Viet service to make work permits for foreigners include:

- Visa Dat Viet is a large organization with skilled and highly specialized staff that can handle many difficult cases thanks to many years of experience in dealing with work permit issues.
- The company prioritizes the most cost-effective and time-saving solutions for customers.
- Stay up to date with the most recent legal filings and client statuses.
  Get the results through the app on time as promised.
- During the implementation process, no other costs are incurred, ensuring the lowest cost in the market.
- Visa Dat Viet‘s working strategy is to take customer’s pleasure as the foundation for development and work with the word “heart” to get “reputation” from customers.

The company applies for a work permit for foreigners| Visa Dat Viet

Contact information:

- Address: 25A Street, Tan Quy, District 7, HCMC
- Hotline: 028 62 748 548
- Email: info@visadatviet.com
- Website: https://visadatviet.com/

3. Bistax Law Firm

Bistax Law Firm specializes in providing work permit services for foreigners in Saigon, visa services, temporary residence cards, business license application services, company establishment, etc. Bistax Law Firm with over 7 years of experience in the field of solving legal problems for foreigners in Ho Chi Minh City, dedicated to providing the best possible service to its clients. All staff are not only trained in solid professional skills, but also have the ability to take care of customers in the best possible way, thanks to the careful selection of personnel.

Contact information:

- Address: Floor 1, BCons Tower 2, 42/1 Ung Van Khiem, Ward 25, Binh Thanh District, HCMC
- Hotline: (028) 3510 1088 | 07777 23283
- Email: tuvan@bistax.vn
- Website: https://htlaw.vn/vi/

4. ASM Lien Viet

Next in the list of companies providing work permit services for foreigners that Top10tphcm would like to introduce to you is ASM Lien Viet. The unit has more than 12 years of experience in consulting and providing work permit services, successfully completing permit applications for more than 50,000 customers from more than 180 countries and territories.

The firm’s service staff are attorneys and legal experts who can answer clients’ questions and concerns and provide trusted advice. The unit provides work permit services for foreigners in Vietnam, as well as application services for international businesses and people across the country.

Service of applying for work permits for foreigners in Saigon | Source: ASM Lien Viet

Contact information:

- Address: 30 Nguyen Dinh Chieu Street, Dakao Ward, District 1, HCMC
- Hotline: 028.62761982 | 0968.924220
- Email: info@asmlienviet.com
- Website: https://www.asmlienviet.com/

5. TinLaw Consulting Co., Ltd

TinLaw Consulting Co., Ltd always puts prestige and quality first thanks to its legal understanding and 10 years of experience in handling documents for 10,000 customers. The unit specializes in handling all cases of foreigners applying for work permits, including complicated and urgent cases.

Why you should choose TinLaw Consulting Co., Ltd to make work permits for foreigners:

- Work permit implementation experience spans more than ten years.
  Big and reputable customers trust the company.
- Always calculate the cost to save as much as possible for the customer.
- Save customers time and effort.

Services provided by the company after obtaining the work permit:

- Advice on granting temporary residence cards to foreigners.
- Notify the employer when the work permit expires.
- Consulting and supporting clients in the procedures for applying for a Vietnamese criminal record for foreigners.
- Assist in the preparation of reports and employment contracts, as well as submission to relevant agencies.

Contact information:

- Address: TIN Holdings Building, 399 Nguyen Kiem, Ward 9, Phu Nhuan District, HCMC
- Hotline: 0919 824 239
- Email: cs@tinlaw.vn
- Website: https://tinlaw.vn/

6. Anpha Accounting Company

Anpha Accounting Company with many years of experience has supported many foreigners to apply for work permits in Vietnam. The unit always strives to bring prestige and quality services, committed to bringing satisfaction to all customers.

Anpha Accounting Company provides work permit services for foreigners with the following services:

- Apply for a work permit for the first time, renew or re-issue.
- Free consultation on all relevant legal requirements
- Free consultation on cases of work permit exemption
- Simplify the implementation procedure thanks to the all-inclusive service chain
- Save time preparing documents
- Handing over the results to customers

Contact information:

- Address: 202 Lê Lai, Phường Bến Thành, Quận 1, TPHCM
- Hotline: 0938 268 123 | (028) 62 704 111
- Website: https://ketoananpha.vn/

7. Visana

Last in the list of companies providing work permit services for foreigners that Top10tphcm would like to introduce to you is VISANA. With more than ten years of experience in the field of making work permits, the company understands the needs of every customer looking for services. Since then, the unit has developed a set of standard services that enable employees to provide the best customer service possible.

Customers using VISANA’s work permit application service for foreigners will receive the following:

- Consulting on regulations for foreigners applying for a work permit in Vietnam.
- Advice on applying for a work permit in accordance with regulations.
- Consulting procedures to apply for a criminal record card for foreigners in Vietnam.
- Advice on procedures and places to apply for a health certificate to get a work permit.
- Consulting and supporting notarized translation, consular legalization of work permit applications.
- Complete the required declarations.
- Check the logic of the application for a work permit in Vietnam.
- Consulting cases not subject to work permit issuance and carrying out the process of confirming cases not subject to work permit issuance.
- After receiving the work permit, they will be guided free of charge through related procedures such as applying for a temporary residence card for foreign workers, etc.

Contact information:

- Address: Room 503, OT1 Building Saigon Royal Residences, No. 9 Nguyen Truong To, Ward 12, District 4, HCMC
- Hotline: 1900 0284 | 090 2200 454
- Email: cskh@visana.vn
- Website: https://visana.vn/

Source: Top10tphcm

31/05/202218/07/2022

Establishing a household business trading e-cigarettes in Vietnam

How can individuals or household members who are Vietnamese citizens do business in e-cigarettes without having to set up an enterprise?

HT can assist you in setting up a household business and applying for relevant permits to conduct e-cigarette business activities in accordance with the law.

1. Some points to note

* According to the provisions of Clause 2, Article 3 of Decree No. 67/2013/ND-CP: “Tobacco is a product that is manufactured wholly or partially from tobacco ingredients, and processed in the form of cigarettes, cigars, tobacco fibers used for smoking pipes and other forms of products used for smoking, chewing and smelling.”

-> E-cigarettes are considered tobacco products.

* Purchase and sale of tobacco products including distribution, wholesale, and retail. In which, a household business is only allowed to retail tobacco products.

*Trading tobacco products is a conditional business line. Therefore, in addition to the household business registration certificate, the household business must also make an application for a tobacco retail license.

2. Apply for a Business Household Registration Certificate

No.	Content	Details
1	Authority to grant	(District-level business registration authority Finance - The Finance – Planning Department affiliated to the district-level People’s Committee) where the business household is located
2	Dossiers	1. Application for household business registration 2. Identity Card/ Citizen Identity Card for the owner of a business household 3. Identity Card /Citizen Identity Card of household members registered for business (in case the household business is established by family household members) 4. Minutes of meeting of household members on the establishment of a business household (in case the household business is established by family household members) 5. A written authorization from a household member for one member to be the head of the household business (in case the household business is established by family household members) 6. Location rental contract and Certificate of land use right of the rented location
3	Settlement time	03 working days from the date of receipt of valid application.

3. Apply for a Tobacco Retail License

No.	Content	Details
1	Conditions	1. Traders established in accordance with the law. 2. The business location does not violate the regulations on places not to sell cigarettes as prescribed in Clause 2, Article 25 of the Law on Prevention and Control of Tobacco Harms 2012: Smoking is not allowed outside the gates of kindergartens, kindergartens, primary schools, junior high schools, high schools, medical research institutes, hospitals, maternity homes, preventive health centers, stations commune, ward or township health care center within 100 meters (m) of the nearest campus boundary of that facility. 3. There is a written introduction from the distributor or wholesaler of tobacco products, clearly stating the proposed business area.
2	Authority	Industry and Trade Chamber or Economy Department (a specialized agency affiliated to the People's Committee of a district, town or provincial city)
3	Dossiers	1. An application form for a license to retail tobacco products 2. Business household registration certificate 3. Tax code registration certificate 4. Letter of introduction of the distributor or wholesaler of tobacco products, clearly stating the proposed business area
4	Settlement time	15 working days from the date of receipt of complete and valid documents
5	Term of the license	5 years. In case of continuing business, traders trading in tobacco products shall submit the application for re-issuance of the license 30 days before the expiration of the license.
6	Rights and obligations of retail traders	- To purchase tobacco products from tobacco product distributors or tobacco product wholesalers for sale at licensed locations.

To save time learning about the law, filling out forms, and submitting documents, you can contact HT for consultation and legal services related to Establishing a business household trading E-cigarette.

Contact us

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

11/05/202225/07/2022

How to set up a branch in Vietnam?

I. What is a branch of a foreign investor in Vietnam?

A branch of a foreign investor in Vietnam means a dependent unit of the foreign investor, which is established and conducts commercial activities in Vietnam under the provisions of Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party.

II. Requirements for grant of Licenses for establishment of branches

Foreign businesses shall be granted Licenses for establishment of branches if they satisfy the following requirements:

1. The foreign investor is incorporated and registers for doing business in accordance with provisions of laws of countries or territories being parties to treaties to which Vietnam is a signatory or is recognized by the aforesaid countries or territories;
2. The foreign investor has come into operation for at least 05 year from the date of establishment or registration;
3. The Certificate of Business registration or equivalent document is valid for at least 01 more year from the date of submission of the application;
4. The scope of operation of the branch is conformable with Vietnam’s Commitments to market access stipulated in treaties to which Vietnam is a signatory shall be consistent with lines of business of the foreign investor;
5. Where the businesses of the branch is inconsistent with Vietnam’s Commitments or the foreign investor is not located in one of countries or territories being parties to treaties to which Vietnam is a signatory, the branch can be established only if they obtain a prior consent of the relevant Minister for establishment of the branch.

III. The power to grant of Licenses for establishment of branches

The Ministry of Industry and Trade

IV. Order of granting branches establishment license

Step 1: Submit your application in person or by post to the Ministry of Industry and Trade

Step 2: The licensing agency shall examine such application and request the applicant to complete their application from the date of receipt of the application (if the application is incomplete). The request for supplementation to the application shall be made only once during the processing of such application.

Step 3: The licensing agency shall send the applicant a written notification of whether the license or establishment of the branch is granted. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejection shall be specified.

Note:

Where the scope of operation of the branch is inconsistent with Vietnam’s Commitments or the foreign investor is not located in the country or territory being party to treaties to which Vietnam is a signatory or the establishment of branches that have not been prescribed by specialized legislative documents, the licensing agency shall submit a written request for directions to the relevant Ministry before deciding to grant or not grant a branch establishment license to a foreign investor.

V. Dossiers

1. An application form for license for establishment of the branch
2. Copies of the Certificate of Business Registration or equivalent documents of the foreign investor
3. A letter of appointment of the head of the branch
4. Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents as proof of existence and operation of the foreign investor issued or certified by competent authorities where such foreign investor is established
5. Copies of the branch charter
6. Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the branch
7. Documents on the expected location of the branch including:

– Copies of memorandum of understanding or leasing agreements or documents as proof of the right to use a location as the branch

– Copies of the document on the proposed location of the head office meeting the provisions of Vietnamese law on security, order, and occupational safety and health conditions.

Note:

– Copies of the Certificate of Business Registration or equivalent documents of the foreign investor shall be certified or legalized by overseas diplomatic missions or Consulates of Vietnam, translated into Vietnamese and certified true in accordance with laws of Vietnam.

– Documents No. 3, 4, 5, 6 (for the case where the passport copy of the head of the branch is a foreigner) shall be translated into Vietnamese and certified true in accordance with laws of Vietnam.

VI. Settlement time

– Normal cases: 7 working days from the date of receipt of complete and valid dossiers.

– Special cases: 13 working days from the date of receiving complete and valid dossiers

VII. Fees

3.000.000 VND

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HTLaw for advice and support for Branch establishment for foreign investor.

Contact us

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

11/05/202225/07/2022

Set up representative offices for foreign investors in Vietnam

I. What is a representative office of a foreign investor in Vietnam?

A representative office of a foreign investor in Vietnam means a dependent unit of the foreign trader, which is established under the provisions of Vietnamese law to conduct market survey and a number of commercial promotion activities permitted by Vietnamese law.

II. Requirements for grant of Licenses for establishment of representative offices

Foreign businesses shall be granted Licenses for establishment of offices if they satisfy the following requirements:

1. The foreign investor is incorporated and registers for doing business in accordance with provisions of laws of countries or territories being parties to treaties to which Vietnam is a signatory or is recognized by the aforesaid countries or territories;
2. The foreign investor has come into operation for at least 01 year from the date of establishment or registration;
3. The Certificate of Business registration or equivalent document is valid for at least 01 more year from the date of submission of the application;
4. The scope of operation of the representative office is conformable with Vietnam’s Commitments to market access stipulated in treaties to which Vietnam is a signatory;
5. Where the scope of operation of the representative office is inconsistent with Vietnam’s Commitments or the foreign investor is not located in the country or territory being party to treaties to which Vietnam is a signatory, the representative office can be established only if relevant Ministers, Heads of ministerial agencies (hereinafter referred to as “relevant Ministers”) have given approval for establishment of the representative office.

III. The power to grant of Licenses for establishment of representative offices

1. The Department of Industry and Trade of the province where the representative office is expected to be located outside industrial parks, export-processing zones, economic zones or hi-tech zones.
2. Management Boards of industrial parks, export-processing zones, economic zones or hi-tech zones (hereinafter referred to as Management Boards) where the representative office is expected to be located in industrial parks, export-processing zones, economic zones or hi-tech zones.

IV. Order of granting representative offices establishment license

Step 1: Submit your application in person or by post to the licensing agency

Step 3: The licensing agency shall send the applicant a written notification of whether the license or establishment of the representative offices is granted. In case of rejection, the licensing agency shall send the applicant a written notice in which reasons for rejections shall be specified.

Note: Where the scope of operation of the representative office is inconsistent with Vietnam’s Commitments or the foreign investor is not located in the country or territory being party to treaties to which Vietnam is a signatory or the establishment of representative offices that has not prescribed by specialized legislative documents, the licensing agency shall submit a written request for directions to the relevant Ministry before deciding to grant or not grant a representative office establishment license to a foreign investor.

V. Dossiers

1. An application form for license for establishment of the representative office
2. Copies of the Certificate of Business Registration or equivalent documents of the foreign trader
3. A letter of appointment of the head of the representative office
4. Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents as proof of existence and operation of the foreign investor issued or certified by competent authorities where such foreign trader is established
5. Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the representative office
6. Documents on the expected location of the representative office including:

– Copies of memorandum of understanding or leasing agreements or documents as proof of the right to use a location as the office representative

– Copies of the document on the proposed location of the head office meeting the provisions of Vietnamese law on security, order, and occupational safety and health conditions.

Note:

– Copies of the Certificate of Business Registration or equivalent documents of the foreign trader shall be certified or legalized by overseas diplomatic missions or Consulates of Vietnam, translated into Vietnamese and certified true in accordance with laws of Vietnam.

– Documents No. 3, 4, 5 (for the case where the passport copy of the head of the representative office is a foreigner) shall be translated into Vietnamese and certified true in accordance with laws of Vietnam.

VI. Settlement time

– Normal cases: 7 working days from the date of receipt of complete and valid dossiers.

– Special cases: 13 working days from the date of receiving complete and valid dossiers

VII. Fees

3.000.000 VND

If you wonder about setting up a company, representative office, or branch, you can contact us to for a consultation.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HTLaw for advice and support for Presentative office establishment for foreign investor .

Contact us

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

10/05/202210/05/2022

Urgent US visa – Is it really difficult?

The current situation of the US visa interview schedule is full until 6/2023. Should greatly affect the schedule of customers who are planning to go on a business trip/travel/visit relatives/settle down. So what is the reason for your application to be able to request an urgent appointment.

Conditions for being granted an urgent appointment for the following reasons:
– Humanitarian reasons: Visiting critically ill relatives.
– Reason for work: Urgent business trip greatly affects the company’s development in the US and Vietnam.

Above are 2 main reasons for you to book an urgent appointment for US Visa.

❤️ If you want to get a visa for the US, UK, Australia, Canada, Europe, or Japan, please contact HT for further consultation. In addition, HT also provides Vietnam visa support for foreigners.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for The USA, UK, Schengen, Canada, Australia & Japan services.

Contact us

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

09/05/202210/05/2022

Australia Business Visa

Today, HT completed 2 Australian business visas for customers. This is a 3-year visa, multiple entry, 3 months each time. Visa is issued after 8 working days.

HT specializes in providing tourist, business and family visit visa services to the US, Canada, Australia, UK and Europe. At the same time, HT also supports making APEC cards for Vietnamese businessmen who often go abroad on business.

To save time learning about the procedure, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Visa services.

Contact us

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

06/05/202209/05/2022

PROCEDURES FOR ISSUANCE OF JUDICIAL RECORD CARD

I. What is a judicial record?

According to Clause 1, Article 2, Law on Criminal Records No. 28/2009/QH12 provides a clear definition of criminal record:

“Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person’s holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.”

II. Types of Judicial record

There are two types of judicial record cards:

– Judicial record card no. 1: issued to individuals, agencies and organizations upon request.

– Judicial record card no. 2: issued to the procedure-conducting agency to serve the investigation, prosecution, trial and and at the request of individuals who want to know their judicial records.

III. Competence to issue judicial record cards

1. The National Center for Judicial Records shall issue judicial record cards to the following persons:

a/ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;

b/ Foreigners who resided in Vietnam.

1. Provincial-level Justice Departments shall issue judicial record cards to the following persons:

a/ Vietnamese citizens permanently or temporarily residing in Vietnam;

b/ Vietnamese citizens currently residing overseas;

c/ Foreigners currently residing in Vietnam.

IV. Order of issuance of criminal record card

Step 1: Submit your application at the following competent authorities:

– Vietnamese citizens shall submit their declarations to Department of Justice in localities where they permanently reside. In case they have no place of permanent residence, they shall submit such a declaration to Department of Justice in the locality where the requester temporarily resides. A requester residing overseas shall submit such a declaration to the Department of Justice in the locality where he/she resided before his/her departure

– Foreigners residing in Vietnam shall submit their declarations to provincial-level Justice Departments in localities where they reside. In case they have left Vietnam, their declarations shall be submitted to the National Center for Judicial Records.

– Agencies or organizations send a written request to Department of Justice in localities where persons requested to be issued judicial record cards permanently or temporarily reside. In case it is impossible to identify places of permanent or temporary residence of persons requested to be issued judicial record cards, written requests shall be sent to the National Center for Judicial Records.

Step 2: Get results at the place of application.

V. Profile composition

– A declaration requesting the issuance of a judicial record card (according to the form);

– A photo of the identity card or passport (show the original for comparison);

– A photo of the household registration book or certificate of permanent or temporary residence (show the original for comparison) or a certification of the competent authority of the place of residence.

– Authorization document (if applicable)

– Papers to prove that they are eligible for exemption or reduction of criminal record fees (if applicable)

* Note:

– Individuals may authorize other persons to carry out procedures for requesting the issuance of judicial record cards. The authorization must be established in writing under law. In case a requester for a judicial record card is a parent, spouse or child of the person requested to be issued a judicial record card, no written authorization is required.

– In case individuals who request the issuance of a judicial record card no. 2 may not authorize others to carry out procedures for such request.

– In case the original is not available for comparison, a certified copy shall be submitted as prescribed by law.

VI. Settlement time

– Within 10 days from the date of receiving a valid request.

– In case the person requested for issuance of a criminal record card is a Vietnamese citizen who has resided in many places or has resided abroad for a period of time, a foreigner, in case of having to verify the automatic conditions for criminal record remission, the time limit shall not exceed 15 days.

VII. Fees

According to Circular No. 244/2016/TT-BTC, the fee for issuance of criminal record cards is regulated as follows:

– Normally: 200,000 VND/time/person.

– For students, people with meritorious services to the revolution, relatives of martyrs (including biological fathers, natural mothers, wives (or husbands), children (natural children, adopted children), people who have contributed to raising martyrs): 100,000 VND/time/person.

– In case the requester for issuance of criminal record card requests the superior to issue 02 judicial record cards in one request, from the 3rd card onward, the fee-collecting organization may collect an additional 5,000 VND/card.

– Cases of free provision of criminal record information include: Children; Elderly; People with disabilities; People of poor households and people residing in extremely difficult communes, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, safe zone communes according to regulations of the laws.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Judicial record legal services.

Contact us

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

06/05/202208/09/2022

Vietnam enterprise dissolution procedure

I. Enterprise dissolution procedure

Step 1: Approving the decision to dissolve the enterprise

An enterprise dissolution decision must contain the following principal details:

- Name and address of the head office of the enterprise;
- Reason for dissolution;
- Time limit and procedures for contract liquidation and payment of debts of the enterprise; the time limit for debt payment and contract liquidation must not exceed 06 months from the date of approval of the dissolution decision;
- The plan to handle obligations arising from the labor contract;
- Full name and signature of the legal representative of the enterprise.

Step 2: Liquidate the assets of the business

The owner of a private enterprise, the Members’ Council or the company owner, or the Board of Directors shall directly organize the liquidation of the enterprise’s assets, unless the company’s charter provides for the establishment of a separate liquidation organization.

Step 3: Submit the notice of dissolution of the enterprise

- Send to the Department of Planning and Investment: carry out procedures for Announcement of dissolution of the enterprise;
- Send it to the customs office for customs clearance procedures;
- Send it to the insurance agency to complete the procedures for closing the insurance obligation and closing the insurance book;
- Send to Tax Authority: Complete procedures for closing the tax code;
- Send to employees in the enterprise to ensure workers’ interests;
- Send the decision on dissolution of the debt settlement plan to creditors, people with related interests and obligations. The notice must contain the name and address of the creditor; debt amount, term, location and method of payment of such debt; method and time limit for settling the creditor’s complaint.
- Must be publicly posted at the head office, branch or representative office of the enterprise.

Time limit for sending decision: 07 days from the date the company issues the decision to dissolve the enterprise.

The business registration agency must announce the status of the enterprise undergoing dissolution procedures on the National Business Registration Portal immediately after receiving the dissolution decision of the enterprise. Enclosed with the notice must be posted the dissolution decision and debt settlement plan (if any).

The customs authority is responsible for confirming the customs obligations of the enterprise;

The tax authority, based on the enterprise’s tax finalization file, issues a tax inspection record and transmits the data to the Department of Planning and Investment for the enterprise to continue to carry out the procedures for tax identification and dissolution of the enterprise.

Step 4: Disclosure of information on the dissolution of the enterprise

Post the dissolution decision on the National Enterprise Registration Portal and must be publicly posted at the enterprise’s head office, branches and representative offices.

Dossier disclosure of information on enterprise dissolution

- Notice of dissolution;
- Decision on dissolution of the company owner for a single-member limited liability company;
- Decision and valid copy of meeting minutes of the Members’ Council, for limited liability companies with two or more members, of the General Meeting of Shareholders, for joint-stock companies, of general partners for partnership on the dissolution of the enterprise.

Time limit for application submission: Within 07 working days from the date of approval of dissolution decision.

Time limit for processing application for the announcement of dissolution decision: 03 working days from the date the application is received on the national information system on business registration.

Implementing agency: Business registration office – Department of Planning and Investment.

Step 5: Confirm customs obligations at the customs office

After the enterprise publishes the dissolution decision on the National Enterprise Registration Portal and must be posted publicly at the enterprise’s head office, branch or representative office, the enterprise shall send an official dispatch to the General Department of Customs for confirmation of customs obligations to dissolve the enterprise. Within 10 -15 days, the Customs office will issue a notice on the status of the enterprise’s customs dossier.

Step 6: Procedures for closing the tax identification number at the tax office

- Send an application for dissolution of the enterprise to the Tax Department (enclosed with a notarized copy of the Business Registration Certificate and the Tax Registration Certificate);
- Send an official letter requesting tax finalization;
- Pay taxes owed;
- Pay fines (if any).

Step 7: Return the enterprise’s legal seal

- For enterprises using the seal issued by the police agency, the enterprise is responsible for returning the seal and certificate of seal sample registration to the police office for a certificate of seal withdrawal. In this case, the seal and seal sample certificate in the enterprise dissolution file are replaced with a certificate of seal withdrawal.
- For enterprises that have engraved their own seals from July 1, 2015 up to now, they are responsible for not continuing to use their seals without having to carry out procedures for returning the seal at a state agency.

Step 8: Procedures at the business registration office

The legal representative of the enterprise sends a dissolution request to the Business Registration Authority within 05 working days from the date of payment of all debts of the enterprise.

An enterprise dissolution dossier includes:

- Notice of enterprise dissolution;
- Report on liquidation of corporate assets; a list of creditors and paid debts, including payment of tax debts and social insurance premiums, and employees after the decision to dissolve the enterprise (if any);
- Seal and seal sample certificate (if any);
- Certificate of business registration.

Time limit for settlement

- The Business Registration Office sends information about the enterprise’s dissolution registration to the tax office. Within 02 working days from the date of receipt of information from the Business Registration Office, the tax authority shall send comments on the dissolution of the enterprise to the Business Registration Office. Within 05 working days from the date of receipt of the dissolution dossier, the Business Registration Office shall change the legal status of the enterprise in the National Business Registration Database to the dissolved state if it does not receive rejection of the tax authority, and at the same time issue a Notice of dissolution of the enterprise.
- In case the dissolution documents are inaccurate or forged, the members/shareholders/owners of the company shall be jointly responsible for paying the unpaid debts, unpaid taxes and unpaid benefits of the employees. be resolved and take personal responsibility before the law for the consequences arising within 5 years from the date of submission of the enterprise dissolution dossier to the business registration agency.

II. Pay the debts of the business in the following order

- Debts of salary, severance allowance, social insurance in accordance with the law and other benefits of employees according to the collective labor agreement and signed labor contract;
- Tax debt;
- Other debts.
- After all debts and business dissolution costs have been paid off, the remainder shall be divided among the private business owners, members, shareholders or company owners in proportion to their ownership of contributed capital and shares.

The enterprise’s legal representative shall send a dissolution request to the business registration agency within 05 working days from the date of payment of all debts of the enterprise.

III. Prohibited activities since the decision to dissolve the business/company

Concealing or dispersing property;
Waive or reduce the right to collect debt;
Convert unsecured debts into secured debts with the assets of the enterprise;
Sign a new contract, except for the case of enterprise dissolution;
Pledge, mortgage, gift or lease of property;
Termination of performance of an effective contract;
Raising capital in any form.

IV. Documents to prepare for dissolution of the enterprise/company

Minutes of tax finalization with tax authorities or Notice of tax closure due to dissolution.
The receipt of the announcement of the decision to dissolve the enterprise;
Confirmation of completion of customs procedures
Confirmation of bank account closure/or commitment not to open a bank account
Original business registration certificate;
Register the original seal sample (if any);
Legal entity seal;
Termination of operations of branches, representative offices and locations;
Dissolution Profile

In order to save time to find out the procedure, filling out the form, and waiting for the application to be submitted, you can contact HTLaw for Enterprise dissolution.

Contact us

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

06/05/202202/08/2022

Vietnam: Temporary suspension of business

Depending on the business situation, many businesses choose to suspend business to stabilize capital and human resources after the crisis. Below, HTLaw would like to summarize some regulations on business suspension for businesses.

SECTION 1. TAX OBLIGATIONS

1. License fee

Clause 3, Article 4, Circular 302/2016/TT-BTC, Obligation to pay license fees to enterprises applying to suspend operations:

Organizations, individuals, groups of individuals, households that are engaged in production and business and have notified the tax authority of the business suspension for the whole calendar year are not required to pay license fees for the year of suspension.

In case of business suspension for less than a calendar year, the license fee for the whole year must still be paid.

2. Tax declaration dossier

According to Article 14, Circular 151/2014/TT-BTC:

Taxpayers who do not incur tax obligations during the business suspension period are not required to submit tax returns for the period of business suspension.

In case taxpayers suspend their business for less than a calendar year or a fiscal year, they still have to submit annual tax finalization dossiers.

According to Point b, Clause 3, Article 16 of Circular 151/2014/TT-BTC, a corporate income tax finalization dossier includes:

1) Corporate income tax finalization declaration, value added tax declaration.

2) Annual financial statements or financial statements up to the date of decision on the enterprise’s division, consolidation, merger, transformation, dissolution, or termination of operation.

3) One of the appendices specified in b.3 Article 16 of Circular 151/2014/TT-BTC, depending on the arising of the company.

Eg:

If you suspend your business from January 1, 2021 to December 31, 2021, you will be exempt from tax reporting for the whole year of 2021

If the business is temporarily suspended from February 2, 2021 to December 31, 2021, in 2021, it must submit: Quarter 1 tax report and financial statement, tax finalization declaration for 2021.

* Note:

For taxpayers who are subject to registration for issuance of tax identification numbers directly at tax authorities (including enterprises operating in the fields of insurance, accounting, auditing, lawyer, notary or other specialized fields that are not required to register their businesses through the business registration agency in accordance with specialized laws and other organizations specified in Clause 2, Article 4 of Circular 105/2020/TT-BTC), before If the business is temporarily suspended, the taxpayer must send a written notice to the tax authority directly managing it at least 15 (fifteen) days before the business suspension. The content of the notice includes:

– Name, head office address, tax identification number;

– The business suspension period, the start date and the end date of the suspension period;

– Reason for business suspension;

– Full name and signature of the legal representative of the enterprise, the representative of a group of business individuals or the head of the business household.

At the end of the business suspension period, taxpayers must declare tax according to regulations. In case the taxpayer goes out to do business before the time limit specified in the business suspension notice, a written notice must be sent to the tax authority directly managing and concurrently submitting tax declaration dossiers as prescribed.

PART 2: PROCEDURES WITH BUSINESS REGISTRATION AGENCIES

Enterprises must notify in writing the Business Registration Office no later than 03 working days before the date of suspension or resumption of business before the notice period.

The business registration agency is responsible for notifying the tax authority of the information that the taxpayer suspends business or resumes business activities within 02 (two) working days from the date of receipt of the business registration document. In case the taxpayer registers to suspend business, the tax authority shall notify the business registration authority of the tax liability owed to the state budget of the taxpayer within no later than 02 (two) working days from the date receiving information from the business registration authority.

1. Order of execution

The enterprise sends a notice to the Business Registration Office where the enterprise has registered at least 15 days before the business suspension.

The Business Registration Office hands over the application receipt to the enterprise after receiving the notice of business suspension of the enterprise. Within 03 working days from the date of receipt of a valid application, the Business Registration Office shall issue a Certificate of the enterprise’s registration of business suspension.

Note: When the enterprise carries out the procedures for business suspension of the enterprise, the enterprise shall simultaneously send the Notice of temporary cessation of operation of the branch, representative office, and business location to the Business Registration Office where the branch is located, representative office, registered business location.

2. Number of documents: 01 (set)

PART 3: INVOICE

Invoices for units temporarily suspending business: Since the company is only temporarily suspending business, there is no need to resubmit unused invoices.

PART 4: OTHER OBLIGATIONS

According to Clause 3, Article 206, Law on Enterprise 2020, During the business suspension, the enterprise must fully pay the outstanding tax, social insurance, health insurance and unemployment insurance amounts; continue to pay debts, complete the performance of contracts signed with customers and employees, unless otherwise agreed by enterprises, creditors, customers and employees.

In order to save time to find out the procedure, fill out the form, waiting for the application to be submitted, you can contact HTLaw for Temporary suspension of business.

Contact us

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