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PROCEDURES FOR MERGER OF ENTERPRISES

1. What is merger of enterprises?

Foreigners who lose or damage their temporary residence card for any reason do not need to notify or ask for confirmation of the loss or damage, but only need to complete the procedures for applying for a temporary residence card.

2. Conditions for merger of enterprises

Merger of enterprises are one of the forms of economic concentration. Therefore, before conducting a merger, companies need to pay attention to two following issues:

(i) Not performed when the merger has the effect or is likely to have a significant anticompetitive effect in the Vietnamese market.

(ii) In case of merger of enterprises falling within the threshold of economic concentration notification, the merging enterprises must submit an economic concentration notification dossier to the National Competition Commission.

3. Order of merger of enterprises

Step 1: The involved companies prepare the merger contract and draft the charter of the merging company.

Step 2: Members, company owners or shareholders of related companies approve the merger contract and the company’s charter.

Step 3: Conducting business registration of the merging company. In case after the merger of an enterprise, the enterprise registration information of the merging company does not change, the merging company shall send a Notice of addition and update of business registration information according to the form to the Department of Business Administration. Business registration where the merged company is headquartered to terminate the existence of the merged company.

Step 4: The business registration authority updates the legal status of the merged company on the National Business Registration Database and changes the business registration contents for the receiving company merger.

* Note:

– The merger contract shall be sent to the creditors and employees within 15 days from the date of approval.

– After the merging company is registered, the merged company shall cease to exist. The merging company shall inherit the lawful rights and interests, liabilities, unpaid debts, employment contracts and other obligations of the merged company under the merger contract.

4. Profile composition

* In case the merged company changes its business registration:

– Merger contract;

– The resolution or decision and meeting minutes approving the merger contract of the merging companies;

– The resolution or decision and meeting minutes approving the merger contract of the merged companies, unless the merging company is a member or shareholder owns more than 65% of the charter capital or shares with voting rights. of the merged company;

– A true copy of the Certificate of Business Registration or other equivalent papers of the merging companies and the merged companies;

– Notice of change of business registration contents together with other documents (if any) depending on the content the company wants to change.

– Authorization letter for individuals to carry out procedures related to business registration.

* In case the merging company does not change the business registration contents:

– Notice on the addition and update of business registration information;

– Merger contract;

– The resolution or decision and meeting minutes approving the merger contract of the merging companies;

– Authorization letter for individuals to carry out procedures related to business registration.

5. Settlement time

Within 03 (three) working days from the date of receipt of complete and valid dossiers.

6. Fees

– Enterprises that register on the National Business Registration Portal are exempt from business registration fees.

– Publishing of enterprise registration information: 100.000 VND/time.

Merging companies is complex legal progress, in order to make sure everything is legit and as well as ensuring the benefits of the parties and minimize risks,  you can contact HTLaw for M&A service. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Re-issuance of Temporary Residence Card

Re-issuance TRC - htlaw

1. When the temporary residence card is damaged or lost, do foreigners need to get confirmation of the loss or damage somewhere?

Foreigners who lose or damage their temporary residence card for any reason do not need to notify or ask for confirmation of the loss or damage, but only need to complete the procedures for applying for a temporary residence card.

2. Notes when re-issuing temporary residence cards to foreigners in case the card is lost or damaged

– Passport validity period is at least 13 months.

– For the case of foreign workers: The work permit or work permit exemption certificate of foreigners must be full 12 months (In case the work permit or work permit exemption certificate is no longer full 12 months, this case must be transition to visa issuance);

– For investors, they can apply for a temporary card with a temporary residence period equal to the term of the old card or longer than the term of the old card, but not exceeding 5 years as prescribed.

– For people with spouses, children with Vietnamese mothers, they can apply for a temporary residence card with an equivalent term of the old temporary residence card or can apply for a longer term but not exceeding 5 years according to the law. 

– When applying for a temporary residence card, the person who loses or damages the card must have a written explanation clearly stating the loss or damage of the card attached to the application for a temporary residence card presented below.

Re-issuance TRC - htlaw

3. Application for re-issuance of temporary residence card due to damage or loss

A. Dossier to apply for a temporary residence card for foreigners by the company/organization guaranteeing the foreigner

– Declaration for temporary residence card according to Form NA6, NA8 (01 original for each declaration)

– Original damaged passport/temporary residence card

– An application for the loss of a temporary residence card

– 02 2x3cm photos (01 photo glued to the NA8 declaration, 01 photo attached to the profile)

– 01 Declaration of online temporary residence or confirmation of temporary residence issued by the commune or ward police.

– Letter of introduction from the company/organization sending employees to carry out procedures for granting temporary residence card.

Request documents for each specific case

– 01 certified true copy of the work permit or the work permit exemption certificate, for the case of applying for a temporary residence card of the LD 1 and LD 2 employment categories.

– 01 certified true copy of the Business Registration/Investment License and 01 certified true copy of the document proving the capital contribution to the company in Vietnam in case the investor applies for temporary cards DT 1, DT 2, DT3

–  01 Vietnamese translation and notarized copy of documents proving family relationship such as Birth Certificate, Marriage Registration Certificate, Family Relationship Certificate, Household Registration…. for the school In case of applying for a temporary relative card of a foreigner who is working at an enterprise/organization.

B. Application file for re-issuance of temporary residence card for foreigners under the family visit program guaranteed by Vietnamese citizens

– Declaration for temporary residence card according to Forms NA7, NA8 (01 original for each declaration)

– Original damaged Passport/Visa/Temporary residence card

–  An application for the loss of a temporary residence card

– 02 2x3cm photos (01 photo glued to the NA8 declaration, 01 photo attached to the profile)

– 01 Certified true copy or notarized translation of documents proving the kinship relationship (Birth certificate, Marriage registration certificate, Family relationship certificate, Household registration .. .. (Depending on the relationship, appropriate documents should be provided).

4. Procedures for submitting documents and receiving results for temporary residence cards for foreigners​

A. Submit an application for a temporary residence card

– Submit at the Immigration Department of the police station of the province or city where the enterprise or company is headquartered and the individual sponsoring relatives have a permanent or temporary residence or at the Immigration Department in Hanoi and Ho Chi Minh City

– Pay a fee when submitting the application at the place of receiving the application for a temporary residence card. The fee for applying for a temporary residence card can be paid in Vietnamese Dong (VND) or US Dollars (USD). Do not accept other foreign currencies or pay by card, online transfer.

B. Receive the result of submitting the temporary residence card at the Immigration Office

– Results of the temporary residence card will be returned within 05 working days as prescribed.

In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Re-issuance of Temporary Residence Card. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Vietnam work permit exemption certificate

Miễn GPLĐ

1. What is a work permit exemption?

To be precise, work permit exemption is a way of calling foreign workers who are not subject to work permits.

Thus, cases of work permit exemption will not have to carry out the procedure for applying for a work permit anymore, but will carry out another procedure to apply for a confirmation that they are not eligible for a work permit.

Vietnam Work permit exemption

2. Subjects exempted from work permits

According to the provisions of Article 154 of the Labor Code No. 45/2019/QH14 and Article 7 of Decree 152/2020/ND-NP, there are currently 20 cases that are not eligible for work permits, also known as exemptions from work permits. work permit, specifically as follows:

    1. The foreigner is the head of a representative office or project or is primarily responsible for the operation of an international organization or foreign non-governmental organization in Vietnam.
    2. Foreigners entering Vietnam with a term of less than 3 months to make a service offering.
    3. Foreigners entering Vietnam with a term of less than 3 months to handle problems, technical situations, complex technologies that arise affecting or potentially affecting production and business that Vietnamese experts and foreign experts currently in Vietnam can’t handle it.
    4. Foreigners are foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
    5. Foreigners falling into the cases prescribed by international treaties to which the Socialist Republic of Vietnam is a contracting party.
    6. Foreigners marrying Vietnamese and living in Vietnamese territory.
    7. Foreigners are owners or capital contributors of a limited liability company with a capital contribution value of VND 3 billion or more.
    8. Foreigner who is the chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
    9. Foreigners moving within enterprises within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education education, environment, finance, health, tourism, culture, entertainment and transport.
    10. Foreigners entering Vietnam to provide professional and technical consulting services or perform other tasks in service of research, construction, appraisal, monitoring, evaluation, management and implementation programs and projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies.
    11. Foreigners are licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam in accordance with law.
    12. Foreigners who are sent to Vietnam by competent foreign agencies and organizations to teach and conduct research at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
    13. Volunteers are foreign workers working in Vietnam voluntarily and without pay to implement international treaties to which the Socialist Republic of Vietnam is a signatory and certified by the foreign diplomatic representatives or international organizations in Vietnam.
    14. Foreigners entering Vietnam to work as managers, executives, experts or technical workers for less than 30 days and not more than 03 times in a year.
    15. Foreigners entering Vietnam shall comply with international agreements signed by central and provincial agencies and organizations in accordance with law.
    16. Foreign students studying at overseas schools and training institutions that have an internship agreement in agencies, organizations and enterprises in Vietnam; Foreign students do internships on Vietnamese ships.
    17. Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.
    18. Foreigners holding official passports to work for state agencies, political organizations, and socio-political organizations.
    19. Foreigners are responsible for establishing a commercial presence.
    20. Foreigners are certified by the Ministry of Education and Training as foreign workers entering Vietnam for teaching and research purposes.

3. Dossier for work permit exemption

According to the provisions of Article 8 of Decree 152/2020/ND-CP, the application for certification of not being eligible for a work permit includes:

    1. A written request for confirmation that the foreign worker is not eligible for a work permit according to Form No. 09/PLI;
    2. Health certificate issued within 12 months;
    3. Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required;
    4. Certified copy of valid passport as prescribed by law;
    5. Documents to prove that the foreign worker is not eligible for a work permit.

Documents issued in Vietnam must be originals or notarized copies, and papers issued abroad must be consular legalized  (unless they are exempt from consular legalization), they must be notarized translated into Vietnamese.

4. Procedures for applying for exemption from work permits for foreigners

Step 1: Apply for a letter of approval to use foreign workers

This step is detailed in Article 4 of Decree 152/2020/ND-CP as follows:

    • First, the employer will prepare the following documents:
      – Notarized copy of enterprise registration certificate;
      – A written explanation of the need to use foreign workers, Form 01/PLI or a written explanation of changes in the need to use foreign workers, Form 02/PLI, if the need for foreign workers changes;
    • Then, at least 30 days before the date, the foreign worker is expected to start working, the employer must submit the above dossier to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee, the city directly under the central government where the foreign worker is expected to work to apply for written approval of the need to employ foreign workers.

Within 10 working days from the date of submission of complete dossiers of explanation, the employer will receive a written approval of the need to employ foreign workers according to Form 03/PLI. In case it is not granted, the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee will give a written explanation of the reason.

Step 2: Please confirm that you are a foreign worker who is not eligible for a work permit

In this step,

    • Employers and employees prepare a set of documents including the documents mentioned in the section Dossiers of work permit exemption.
    • Then, at least 10 days before the date the foreign worker starts working, the foreign employer must submit this dossier to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs in the province where the foreign worker will work.
    • Within 05 working days from the date of submission of complete documents, the employer will receive a confirmation of exemption from work permits for foreign workers according to Form 10/PLI. In case of refusal, the foreign employer will receive a written reply with specific reasons.

5. Note

According to the provisions of Articles 4 and 8 of Decree 152/2020/ND-CP, the following cases are exempted from the step of applying for a written approval of the need to employ foreign workers and or applying for a work permit exemption confirmation. 

1. Exemptions from applying for a written approval of the need to employ foreign workers

There are 6 subjects exempt from work permits that do not have to go through the step of determining the need to use foreign workers, but must go through the step of applying for a confirmation that they are not eligible for a work permit, which are:

    • To be the head of a representative office or projector to take main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.
    • Entering Vietnam for less than 3 months to handle problems, technical situations, and complicated technologies that affect or threaten to affect production and business that Vietnamese experts and foreign experts currently in Vietnam cannot handle it.
    • Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
    • Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies, organizations and enterprises in Vietnam; Trainees and trainees on Vietnamese ships.
    • Having an official passport to work for state agencies, political organizations, and socio-political organizations.
    • Person is responsible for establishing a commercial presence.

2. Cases in which the procedure for applying for a work permit is exempted

There are 2 cases of work permit exemption, which are exempted from the procedure of applying for a confirmation that they are not subject to a work permit. However, the employer must apply for written approval of the need to employ foreign workers at least 30 days before the expected date of commencement of work for the foreigner, and at least 3 days before the expected date of employment. In this regard, the employer must report to the Ministry of Labor – War Invalids and Social Affairs or the Department of Labor – War Invalids and Social Affairs where the foreign worker is expected to work information: full name, age, nationality, passport number, name of a foreign employer, start and end date of employment.

These two cases are:

    • Foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
    • Foreigners marry Vietnamese and live in Vietnamese territory.

3. Cases that are exempted from both steps of determining the need to use foreign workers and applying for a work permit exemption

There are 5 cases where both steps are exempted in the work permit exemption procedure. However, at least 3 days before the expected date for the foreigner to start working, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee is located. Foreign workers are expected to work information: full name, age, nationality, passport number, name of a foreign employer, start and end date of employment.

These 5 cases include:

    • Foreigners entering Vietnam with a term of fewer than 3 months to make a service offering.
    • Foreigners are owners or capital contributors of a limited liability company with a capital contribution value of VND 3 billion or more.
    • A foreigner who is the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
    • Foreigners enter Vietnam to work as managers, executives, experts, or technical workers for less than 30 days and not more than 03 times a year.
    • Foreigners who are relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.

In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit exemption certificate. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Work permits for foreigners in Vietnam

Vietnam work permit - htlaw

1. What is a work permit?

Work permit (working permit) or more precisely, a work permit for foreigners to work in Vietnam. This is a type of document issued by a competent authority in Vietnam to foreign workers when they meet certain conditions as prescribed by law.

Foreign workers who are granted work permits are considered to work legally and have their legitimate rights and interests protected in labor relations.

A work permit is also one of the necessary documents for employees to carry out procedures related to immigration and temporary residence.

Violations of the law on work permits can be administratively sanctioned.

2. How many types of work permits are there?

Current types of work permits include:

    • Work permits for foreigners to work in Vietnam in the form of labor contracts.
    • Work permit for foreigners to work in Vietnam in the form of intra-company transfer with a commercial presence in Vietnam
    • Work permits for foreigners to work in Vietnam in the form of performing various economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational contracts education, healthcare, contract service providers.
    • Work permits for foreigners to work in Vietnam in the form of representatives of foreign non-governmental organizations permitted to operate in accordance with Vietnamese law.

Above are the types of work permits according to the current regulations of the Vietnamese state. Workers need to understand the different types of work permits in order to apply for the right type of permit.

Vietnam work permit - htlaw

3. Dossier to apply for a Work Permit

    1. A written request for a work permit for a foreign worker.

    2. A health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months from the date of signing the health conclusion to the date of submission of the application. 

    3. Judicial record card or document certifying that the foreign worker is not a criminal or is being examined for penal liability by a foreign country. The LLTP card or the document certifying that the foreign worker is not a criminal or is being examined for penal liability shall be issued within 06 months from the date of issue to the date of application submission.

    4.  

      Written approval of the need to employ foreign workers.

    5. Proof of being a manager, executive officer, specialist, or technical worker.

    6. 02 color photos (size 4cm x 6cm, white background, straight face, bare head, not wearing colored glasses), photos were taken within 06 months from the date of application.

    7. A certified true copy of passport or valid document in lieu of passport or valid international travel document.

4. 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.

    • Dossier for implementation: A written explanation of the need to employ foreign workers.
    • Estimated lead 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 implementation time: 05 working days.

In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit services. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Set up a manufacturing company in Vietnam

Factory in Vietnam - HTlaw

I. Choosing the location to set up a factory

    • Leasing facilities – pre-built factories from licensed infrastructure leasing companies in Vietnam. This option is suitable for investors wishing to lease land to build factories on a small scale;
    • Renting land in industrial parks, export processing zones or high-tech zones. This option is suitable for investors who need to rent land with a long-term lease term and leased land to build a medium-sized or larger factory. When building a factory located in an industrial park or an export processing zone, investors will enjoy specific regulations specific to enterprises in industrial parks and export processing zones;
    • Rent land directly from the State. This option is suitable for investors with long-term land lease plans and large land lease areas. However, this option has a limitation that it can take a lot of time and cost to get approval of investment policy from the competent authority on land use planning as well as methods of site clearance (in case the leased land has not been cleared);
    • In case the investor has land and wishes to convert from residential land to land for factory construction, the investor needs to fully meet the conditions for construction density in accordance with regulations of the Law on Construction. Only that province will be granted a construction permit for their factory project. Along with that, the factory construction must always be consistent with the detailed construction planning approved by the competent state agency; ensure suitability for land use purposes in accordance with the approved state planning, in accordance with the approved work construction design and ensure the safety conditions for the issuance of construction permits. built for that project.

II. Please approve the environmental impact assessment report

When a foreign investor makes an investment in a service industry in Vietnam, the investor will face restrictions from the GATS schedule of commitments signed by Vietnam when joining the WTO such as regulations on the rate contributed capital, restricting the type of legal entity established for each specific industry in Vietnam. However, when building a manufacturing plant in Vietnam, foreign investors face very few limitations in terms of market access such as investment in service industries, except for some industries with conditions are regulated separately such as manufacturing and assembling automobiles, cosmetics, medical equipment, etc. Besides, the production process can have negative impacts that adversely affect the environment, so some Objects and projects specified in Appendix II to Decree No. 18/2015/ND-CP of the Government must carry out procedures for environmental impact assessment. This procedure must be performed during the project preparation phase.

Environmental impact assessment records

    • Dossier of application for appraisal:
    • One (01) written request for appraisal of the environmental impact assessment report made according to the prescribed form;
    • Seven (07) environmental impact assessment reports of the project. In case the number of members of the appraisal council is more than seven (07), the project owner must provide an additional number of environmental impact assessment reports. The form of the cover page, the sub-cover page and the requirements on the structure and content of the environmental impact assessment report shall comply with the prescribed form;
    • One (01) feasibility study report or investment project report or other equivalent document.
    • Dossier submitted for approval after being appraised with approval results
    • One (01) written request for approval of the environmental impact assessment report, clearly explaining the revised and supplemented contents according to the appraisal council’s conclusion, except for cases where no modification is required. , complementary;
    • The environmental impact assessment report is bound in a hardback, the project owner signs at the bottom of each report page, including the appendix as prescribed.

The investor submits the application for approval of the environmental impact report to the People’s Committee of the province. The latest appraisal time limit is 30 days from the date of receipt of valid dossiers.

Note: For the case of building a production plant without applying for approval of an environmental impact assessment report, the investor must carry out procedures for certification of the environmental protection plan at the Department of Natural Resources and Environment where the factory is located. 

Dossier for certification of the environmental protection plan includes:

    • Three (03) copies of the environmental protection plan with the cover page and content requirements made according to the prescribed form;
    • One (01) investment report or production, business or service plan.

III. Apply for an Investment Registration Certificate

For the project, the policy must be approved

Depending on the size of the project, investors must apply for approval of investment policies from different competent agencies such as the National Assembly, the Prime Minister or the People’s Committee of the province.

Dossier of application for policy approval include:

    • A written request for the implementation of an investment project;
    • A copy of the identity card, or passport for the investor being an individual; a copy of the Enterprise Registration Certificate or other equivalent document certifying the legal status of the investor being an organization;
    • An investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule. , demand for labor, proposal for investment incentives, assessment of impacts, socio-economic efficiency of the project;
    • A copy of one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; documents explaining the financial capacity of the investor;
    • Proposing land use needs; In case the project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the location lease agreement or other document certifying that the investor has the right to use the site for implementation of the project must be submitted. 
    • An explanation on the use of technology for the project includes the following contents: technology name, technology origin, technological process diagram; main technical parameters, using status of main machinery, equipment and technological lines;
    • BCC contract for investment projects in the form of BCC contract;
    • Preliminary assessment of environmental impact, environmental protection solutions.

The investor will send the application to the investment registration agency for approval of the investment policy of the competent authority. After receiving the approval of the investment policy, the investor is not required to carry out the procedures for applying for an Investment Certificate. The investment registration agency will issue the Investment Registration Certificate to the investor within 05 working days from the date of receipt of the decision on investment policy.

For projects that do not require approval of investment policies

In order to establish a factory in Vietnam, foreign investors must be granted an investment registration certificate. An application file for an Investment Certificate includes:

    • A written request for implementation of the investment project (made according to the form);
    • Copy of identity card or passport for individual investors; a copy of the Enterprise Registration Certificate or another equivalent document certifying the legal status of the investor being an organization;
    • An investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule, demand for labor, proposal for investment incentives, assessment of impacts, socio-economic efficiency of the project;
    • A copy of one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; documents explaining the financial capacity of the investor;
    • Head office lease contract, Documents proving the lessor’s right to lease (Land use right certificate, Construction permit, Business registration certificate with real estate business function of the lessor) or equivalent documents);
    • Proposing land use needs; In case the project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the location lease agreement or other document certifying that the investor has the right to use the site for implementation of the project must be submitted;
    • An explanation of the use of technology for investment projects, for projects using technologies on the list of technologies restricted from transfer in accordance with the law on technology transfer, include the following contents: name of technology , technology origin, technological process diagram; main technical parameters, using status of main machinery, equipment and technological lines;
    • BCC contract for investment projects in the form of BCC contract.

Your company must declare online information about investment projects on the National Information System on Foreign Investment. Within 15 days from the date of online declaration, the investor must submit the application for the Investment Registration Certificate to the provincial Board of Management of Industrial Parks, Export Processing and Hi-tech Parks. After the application is received, the Investment Registration Authority will consider the validity and issue a code for the investment project. In case the application is refused, this Agency must notify the investor in writing and clearly state the reason.

IV. Apply for a Certificate of Business Registration

After being granted the Investment Registration Certificate, you can begin to carry out a number of procedures to establish a company.

Dossier to apply for a Business Registration Certificate:

    • Business registration application form (according to the form);
    • Draft enterprise charter;
    • List of members for two-member limited liability companies, founding shareholders for joint stock companies;
    • A valid copy of one of the authenticated papers:

For individuals: valid ID card or passport or citizen identification card;

For organizations: Certificate of business registration for organizations and enclosed personal identification papers of the authorized representative of the organization;

    • Decision on capital contribution, document appointing authorized representative for company members, company shareholders being organizations;
    • Other documents in special cases

After preparing all documents, your company submits the application at the Business Registration Authority through the National Portal on Business Registration. Within 03 – 05 days, the Business Registration Authority will issue the Certificate of Business Registration if your application is valid. After that, the investor must publish information on the National Portal on Business Registration.

Apply for a factory building permit

In case of building a new factory, the investor must apply for a new construction permit.

A construction permit dossier includes:

    • An application form for a construction permit (made according to the form);
    • A copy or file containing the original copy of one of the papers proving the land use right as prescribed by the land law;
    • A copy or a file containing two main sets of technical design drawings or construction drawings of construction works that have been approved and appraised by specialized agencies in accordance with the law on construction. construction, each set includes: Drawing of the total ground of the project or the total ground of each phase of the project at the scale of 1/100 – 1/500; Site drawings of each work on the land plot scale of 1/100 – 1/500, enclosed with a map of the location of the work; Drawings of elevations and main sections of each project, scale 1/50 – 1/200; Drawing of foundation ground plan at scale 1/100 – 1/200 and footing section at scale 1/50 of each work, together with diagram of connection with rainwater drainage, wastewater treatment, water supply, and electricity supply systems. , communication scale 1/50 – 1/200.
    • A copy or file containing the original copy of the decision on approval of the work construction investment project;
    • The copy or file containing the original copy of the report on design appraisal results of the construction specialized agency for the works as prescribed, subject to the design appraisal;
    • A copy or file containing a photocopy of the original document of the investor’s commitment to ensure the safety of the works and neighboring works, for the built-in works with basements;
    • A copy or a file containing a photocopy of the original declaration of capacity and experience of the organization or individual designed according to the form, enclosed with a copy of the construction practice certificate, for works not yet approved by a specialized construction and design appraisal agency. 

Management boards of industrial parks, export processing zones, economic zones and high-tech zones will receive the application and issue a construction permit to the investor if the application is valid or issue a written refusal to grant a construction permit, in case the profile is not valid.

V. Apply for a fire protection license

An application file for a fire prevention and fighting license includes:

    • An application for a Certificate of fire prevention and fighting (made according to the form);
    • A certified true copy of the certificate of competence in fire prevention and fighting; test documents on fire prevention and fighting for newly renovated or newly built establishments, motorized vehicles that need to ensure fire prevention and fighting safety when converted or built; a certified copy of the record of safety inspection on fire prevention and fighting for other facilities and motor vehicles;
    • A list of all fire prevention and fighting means and means of life-saving equipped (according to the form);
    • Fire fighting plans;
    • To decide on the establishment of grassroots fire prevention and fighting teams;
    • List of individuals who have passed training in fire prevention and fighting.

Investors submit dossiers at the Police Department of Fire Prevention and Fighting and Rescue. In case of authorizing another individual or unit to perform, a written authorization must be attached.

Besides the above main procedures, foreign investors still have to carry out some basic procedures after establishing a factory similar to setting up a business such as paying taxes, applying for seals, hanging signs, and printing receipts…

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HTLaw for Set up a manufacturing company service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Opening a language center in Vietnam

Language center - htlaw

I. Conditions for establishing a foreign language center

Pursuant to Article 48 Consolidated Document No. 07/VBHN-BGDĐT in 2018

1. Conditions for foreign language centers to conduct educational activities

1. Having a team of managers, teachers, and staff who meet the prescribed standards, meeting the operational requirements of the center.

2. Having appropriate facilities, equipment, programs, teaching materials and funding sources, ensuring education quality according to the center’s construction and development plan and operation scale.

2. Center director is a person who meets the following criteria

Pursuant to Clause 2, Article 6 of Circular 21/2018/TT-BGDDT on Regulations on organization and operation of foreign language center

    • Have a good family background;
    • Have management capacity;
    • Graduated from a foreign language university or graduated from a university with a foreign language certificate of at least level 3 according to the 6-level Foreign Language Competency Framework for Vietnam or equivalent (for directors of foreign language centers).
    • Experience in the field of education and training.

II. Authority to establish foreign language centers

Pursuant to Article 47 Consolidation Document No. 07/VBHN-BGDĐT 2018. To establish a foreign language center, the authority belongs to:

    • Directors of universities, institutes, principals of universities and colleges of pedagogy decide to establish foreign language centers on school grounds;
    • Heads of social organizations, socio-professional organizations, economic organizations permitted by law to establish affiliated training centers have the authority to decide on affiliated foreign language centers;
    • The Director of the Department of Education and Training decides to establish foreign language centers; permit the establishment of foreign language centers of universities, academies, universities, pedagogical colleges located outside the school premises, and foreign language centers for social organizations, socio-professional organizations, economic organizations permitted by law to establish affiliated training centers

III. Procedures to set up a foreign language center

Clause 20, Article 1 of Decree 135/2018/ND-CP and Clause 3, Article 47 of Decree 46/2017/ND-CP clearly state that the process of establishing a foreign language center includes the following steps:

    • Step 1: Organizations or individuals send 01 set of standard documents directly or by post to the competent state agency.
    • Step 2: Within 10 working days from the date of receipt of complete and valid dossiers, the agency competent to establish the foreign language center shall appraise and check according to regulations.
    • Step 3: Within 05 working days, the person competent to decide on the establishment or permit the establishment of a foreign language center shall issue a decision to establish or authorize the establishment if all conditions are met; if the establishment has not been decided yet, a written notice shall be sent to the organization or individual, clearly stating the reason.

IV. The establishment of a foreign language center dossier

To set up a foreign language center, the following main documents are required:

    • Proposal for the establishment of a foreign language center;
    • The scheme for establishing a foreign language center includes the following contents: Name of the center, location of the center, the necessity and legal basis of the establishment of the center; the center’s goals and tasks; curriculum, training scale; the center’s facilities; organizational structure of the center, curriculum vitae of the person expected to be the center’s director;
    • Draft regulations on the organization of activities of foreign language centers.

However, in reality, organizations and individuals wishing to establish a foreign language center need to prepare the following main documents:

1. For an organization that is an enterprise set up a foreign language center

    • A certified copy of the business registration certificate (with the profession of teaching foreign languages);
    • Notarized lease or loan agreement for the office where the center’s head office is located (at least 01 year from the time of application submission); Guaranteed area of 1.5m2 / 1 student). Area of 1 classroom 30m2;
    • Certificate of fire prevention and fighting 
    • A copy of the certificate of ownership of the house and land where the center is headquartered;
    • List of teaching teachers; 
    • List of central staff;
    • Sign labor contracts with the Center Director, teachers and other staff;
    • A written confirmation of the local government agreeing to open the center 

2. For the director of a foreign language center

    • Written certification of the educational institution’s working time in the field of education for at least 03 years or more in the position of educational consultant or teaching;
    • A curriculum vitae with a 3×4 photo, certified by the People’s Committee of the ward where you live (Note that the working time in the resume must match the written confirmation of the working time);
    • Certified copy of University Diploma in Foreign Languages or B1 Degree or other certificates
    • Health certificate within the last 6 months;
    • Certified copy of Identity Card;

3. For teachers and staff of foreign language centers

    • For foreign language teachers, a minimum of 04 teachers is required (25 students/1 teacher/1 shift):
    • Certified copy of college or university diploma in foreign language pedagogy (if you do not have a pedagogical major, you must have a professional certificate of pedagogy);
    • Certified copy of ID card;
    • Current place of work;
    • Labor records (Resumes, Health Certificate, Job application)

4. For other staff in the language center

    • Accountant: Certified copy of Diploma of relevant major and certified copy of ID card
    • Counselors: Certified copies of university diplomas majoring in economics, commerce, foreign languages…; Certified copy of ID card;
    • Treasurer: Certified copy of Diploma of relevant major; Certified copy of ID card
    • Security: Certified copy of ID card; Labor records (Resumes, Health Certificate, Job application)

Note: All authentication documents must be valid within 6 months from the time of application submission.

5. Some other information to prepare:

    • Full list of textbooks, documents and equipment for teaching, specifying which curriculum to use;
    • Make a list of facilities: such as desks, chairs, tables, computers, projectors for teaching, fire protection equipment on each floor…. (enclosed with information on the monetary value of facilities for cost calculation);
    • Expected salary for teachers (specifically by hour/month/session);
    • Expected collection of tuition fees from students;
    • Detailed content of the curriculum: lesson plan, test, final exam;
    • Name of center, location of center, scale of training, organizational structure, area of rooms. The center’s name includes “foreign language center” and “own name”. The proper name of the center must not coincide with the proper name of the previously established center. Do not use words or symbols that violate the historical, cultural, ethical, and fine traditions of the Vietnamese nation. 

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HTLaw for Opening a language center service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Work Permit Extension

Vietnam work permit extension - htlaw

1. What is a work permit extension?

Extension of a work permit for a foreigner is an extension of the term of a work permit that is about to expire, so that a foreigner can continue to work legally in Vietnam according to the correct position, title and employer in the work permit is about to expire.

2. How many times can a work permit be renewed?

According to the provisions of Article 19, Decree 152/2020/ND-CP, a work permit can only be extended once.

If the employee, after having extended once, wants to continue working at the enterprise at the same position, he/she must apply for a new work permit.

3. When should a work permit be renewed? ​

The work permit needs to be extended at least 05 days before the expiration date, but not more than 45 days. Therefore, both the foreign worker as well as the human resources department of the company employing foreign workers need to pay attention to the expiry date of the issued work permit. 

Vietnam work permit extension - htlaw

4. Work permit extension period

According to the provisions of Article 19 of Decree 152, an extended work permit has a maximum term of 2 years and must comply with one of the following deadlines: 

    • Term of the labor contract expected to be signed.
    • Time limit for the foreign party to send foreign employees to Vietnam to work.
    • The duration of the contract or agreement signed between the Vietnamese partner and the foreign partner.
    • The term of the contract or service provision agreement signed between the Vietnamese partner and the foreign partner.
    • Time limit in the document the service provider sends foreign employees into Vietnam to negotiate service provision.
    • Time limit stated in the operation license of the agency, organization or enterprise.
    • Time limit is stated in the document of the service provider sending the foreign employees to Vietnam to establish a commercial presence.
    • The time limit in the document proving that the foreign employees is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
    • The time limit in the written approval to employ foreign employees (if necessary as prescribed by law).

5. Work Permits Extension Documents

Below is a detailed list of documents to apply for a work permit extension for foreigners:

    • A written request for extension of a work permit, made according to Form No. 11/PLI
    • 02 4*6cm color photos with white background, taken within 06 months;
    • A notarized copy of the granted valid work permit;
    • Written approval of demand for foreign employees;
    • Certified copy of valid passport (all pages);
    • Certificate of health examination within 12 months (if issued in Vietnam, bring the original/certified true copy, if examined abroad, it must be a consular legalized copy, notarized translation into Vietnamese);
    • Papers proving that the foreign worker continues to work for the employer according to the contents of the issued work permit. Papers issued by foreign countries must be consular legalized and notarized translated into Vietnamese.

Thus, compared to renewing a work permit, the application for a work permit extension will be simpler because the applicant does not need to prepare:

    • Criminal Records;
    • Diploma, proof of experience.

6. Work permit extension procedure

Similar to the procedure for applying for a new work permit, the procedure for applying for a work permit extension for foreigners also includes two steps as follows:

Step 1: Explain the need to use foreign workers

In this step, the employer will need to complete the Document explaining the change in demand for the use of foreign workers Form 02/PLI, sign and seal as required.

Then, at least 30 days before the expiry date of the current work permit, the employer must submit this Explanatory Document to the Ministry of Labor, Invalids and Social Affairs or the approved Provincial People’s Committee for the demand for foreign workers in the past.

Within 10 working days, the Ministry of Labor, Invalids and Social Affairs or the Provincial People’s Committee will issue a written approval of the need to use foreign workers according to the form  Form 03/PLI.

Step 2: Apply for a foreign work permit extension

In this step, the employer and the employee prepare 01 set of documents mentioned in the section  Dossier for extension of work permit.

Then, at least 05 days but not more than 45 days before the work permit expires, the employer submits a set of dossiers of application for extension of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor – War Invalids and Social Affairs issued the work permit.

After 05 working days, the employer will receive the renewed work permit.

In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit Extension. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Four types of documents to prepare when applying for visas to go abroad

To help you less confused when applying for a visa to go abroad, HT would like to summarize 4 main types of documents that need to be prepared to apply for a visa. However, depending on the country, the prepared documents will be different, may be simpler, may be more complicated, can be submitted online or in hard copy, use fingerprints or an interview.
To make your trip abroad easier and faster, HT has visa services for the US, Canada, Europe, UK, and Australia. Please contact HT for more detailed advice!

1. Personal Documents when applying for a foreign tourist visa

    • Passport valid for 6 months from departure date and still have a blank page for visa stamp
    • 02 photos size 3.5*4.5. Note that the photos must be wearing a shirt with a collar and exposing the ears
    • Identity card for people over 14 years old and copy of birth certificate for children under 14 years old (copy, notarized).
    • Household book (copy, notarized all pages).
    • Certificate of marital status, marriage certificate or divorce certificate (copy, notarized).

      Depending on the purpose of the visa, the Embassy or Consulate may require you to prepare additional documents. For example, if you want to apply for a family visit visa to Canada, you will need to submit additional documents confirming your relationship with the person in Canada; Original invitation letter, confirmation of family relationship, photocopy of Canadian passport, 2-sided copy of the inviter’s residence card).

2. Work Proving Documents when applying for a foreign tourist visa

If you are an employee working for a business or organization, you will need to prepare:

    • Labor contract (if working as a private agency) or a decision on appointment of a position (if working as a state agency)
    • Salary slip for the last 3 months
    • Leave application form (original, stating the country to travel)

If the visa applicant is still a student, the Embassy/Consulate will require:

    • Student ID card and confirmation of being a student confirmed by the school
    • Application for leave of absence from school

If Bussiness Owner

    • Business registration license with the owner name on it.

With some more “fastidious” countries, business owners will need to prepare additional supporting documents. For example, if you are applying for an Australian tourist visa as a business owner, you will need to submit a Tax Return for the last 3 months.

3. Financial proof when applying for a foreign tourist visa

When making visas for Vietnamese people, countries with strong financial backgrounds want documents with stable economic and financial conditions to avoid illegal immigration. There are 3 most common types of documents proving financial ability:

    • Bank Book

The Embassy/Consulate not only needs you to have a large amount of money in your savings book, but also wants to be proven that it is a legal amount with a clear accumulated origin.

    • Bank account statement with balance above the specified amount

(Depending on the requirements of each country you need to apply for a visa. For example, the application for a visa to France will require an account balance of more than 15000$)

    • Certificate of right to use and own valuable assets such as Cars, Real Estate. This will be a factor to help your visa pass rate increase

4. Proof of travel plans when applying for a visa to go abroad

Your foreign tourist visa procedure will need to prepare additional documents verifying your journey. For example: Confirmation of hotel reservation, air ticket; itinerary and trip insurance (if necessary); Travel insurance meets the standards set by a number of countries.

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Abroad Visa application.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Apply Vietnamese citizenship for foreigners

According to  Article 20 of the Law on Nationality 2008, a person who is applying for Vietnamese nationality, if falling into the case of a spouse, biological father, natural mother, or natural child of a Vietnamese citizen, can be naturalized in Vietnam without the following conditions :

– Knowing Vietnamese enough to integrate into the Vietnamese social community;
– Have permanently resided in Vietnam for five years or more;
–  Capable of securing life in Vietnam.

* Profile of a foreigner being the wife, husband, biological father, natural mother or biological child of a Vietnamese citizen  includes:

    1. An application for naturalization in Vietnam;
    2. A copy of the birth certificate, passport or another valid document that replaces the birth certificate or passport of the person applying for Vietnamese nationality, which is a valid document proving that person’s foreign nationality; A copy of the birth certificate of the minor child who acquired Vietnamese nationality together with his parents or another document proving the parent-child relationship. In case only one parent acquires Vietnamese nationality and the minor child lives with the person who acquires Vietnamese nationality according to his father or mother, a written agreement of the parents on the naturalization of the child must be submitted. ;
    3. Background statement;
    4. A criminal record card is issued by a competent authority of Vietnam for the time the applicant for naturalization resides in Vietnam, a criminal record card issued by a competent authority of a foreign country for the period of time. the period the applicant for Vietnamese citizenship resides abroad. The judicial record card must be the one issued within 90 days from the date of submission of the application;
    5. Proof of residence, period of permanent residence in Vietnam: Copy of Permanent Residence Card;
    6. Papers proving eligibility to be exempted from conditions for naturalization of Vietnamese nationality:
      • Persons who have a spouse who is a Vietnamese citizen must submit a copy of the marriage certificate proving the marriage relationship.
      • Persons who are biological fathers, natural mothers or biological children of Vietnamese citizens must submit a copy of their birth certificate or other valid papers proving the parent-child relationship.

Note: If these documents are issued, notarized or certified by a foreign competent authority, they must be consular legalized, unless they are exempted by law. 

Apply vietnamese citizenship for foreigners - htlaw

Specific situations:

The customer is French, has a Vietnamese wife, and applies for Vietnamese citizenship to live and work here. 

Below is HT’s advice on the conditions and documents required for naturalization customers:

1. Conditions:

Because the client is exempt from some conditions for applying for Vietnamese citizenship under Clause 2, Article 20 of the Law on Vietnamese nationality because his wife is a Vietnamese citizen, the client’s conditions are as follows:
– Having full civil act capacity as prescribed by Vietnamese law;
– Comply with the Constitution and laws of Vietnam; respect the traditions, customs and practices of the Vietnamese nation;

Although, customers do not need to meet the conditions of permanent residence in Vietnam for five years or more, but customers are required to have a “permanent residence card” in Vietnam (temporary residence in Vietnam continuously for 3 years or more).

Since this customer did not have a temporary residence card before, the customer first needs to make a temporary residence card for foreigners in accordance with Vietnamese law.

HT’s advice to this customer is to make a temporary residence card for visiting relatives with a term of 3 years and during this time, the clients does not leave Vietnam. After 3 years, clients are eligible to apply for a permanent residence card.

2. Dossier:

Documents submitted by customers to apply for Vietnamese citizenship include:

    1. An application for naturalization in Vietnam;
    2. Copy of Birth Certificate, Passport or other valid document replacing Birth Certificate, Passport of the applicant for Vietnamese citizenship;
    3. Background statement;
    4. Judicial record card issued by a competent Vietnamese agency;
    5. Copy of Permanent Resident Card;
    6. Copy of marriage certificate proving marital relationship

The above is HT’s legal opinion on naturalization for foreigners who are spouses, fathers, mothers or children of Vietnamese citizens.

To save time learning about the law, you can contact HT for Naturalization for foreigners. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Procedures for recognition of foreign marriage in Vietnam

RECOGNITION OF FOREIGN MARRIAGE in vietnam - htlaw

1. Conditions for recognition of overseas marriage in Vietnam

When a Vietnamese person has carried out the procedure for marriage registration in a foreign country and wants to have that marriage recognized in Vietnam, he/she must carry out the procedure for noting the marriage in the civil status book.

Article 34 of Decree 123/2015/ND-CP stipulating a number of conditions for recording in the civil status book the marriage of a Vietnamese citizen that has been settled abroad. Accordingly, the marriage registration must meet a number of conditions as prescribed by the Law on Marriage and Family 2014 to be recorded in the civil status book of Vietnam:

–  Male is full 20 years old or older, female is full 18 years old or older;

– The marriage is voluntarily decided by the man and the woman;

– No loss of civil act capacity;

– Do not violate the prohibition.

In addition, if the marriage registration in a foreign country does not meet the conditions for marriage, does not violate the prohibition of law in Vietnam, it will still be recorded in the civil status book if:

– By the time the request is recorded in the civil status book, the consequences have been overcome.

– The note is to protect the rights of citizens of Vietnam and children

Therefore, in order for a foreign marriage to be recognized in Vietnam, citizens need to carry out the procedure of noting the marriage registration in the civil status book.

In order to have a marriage recognized in Vietnam when a marriage has been registered abroad, the requester must follow the procedures for notifying the marriage. Accordingly, this procedure is performed as follows:

2. Competent Authority

According to Article 48 of the Law on Civil Status 2014, the People’s Committee of the district where the Vietnamese citizen resides has the authority to record in the civil status book the marriage that has been settled at a competent foreign agency.

RECOGNITION OF FOREIGN MARRIAGE in vietnam - htlaw

3. Documents to be prepared

According to Article 35 of Decree 123/ND-CP, when going to the district-level People’s Committee, the requester needs to prepare the following documents:

– Declaration of marriage notes (according to the form issued together with Circular 15/2015/TT-BTP)

– A copy of the marriage certificate issued by a foreign competent authority;

– Copies of identity papers of both male and female parties (if sending documents via the postal system);

– Certificate of the marital status of Vietnamese citizens from the age of 18 to marriage registration (issued by the People’s Committee of the ward (commune) where they permanently or temporarily reside);

– A copy of the extract of divorce notes (if the divorce record or annulment of marriage has been made in a foreign country before).

4. Steps to take notes

Procedures to be recognized for marriage abroad

– Step 1: Prepare all the above documents.

– Step 2: Go to the People’s Committee of the district where the Vietnamese citizen resides to submit the above documents. When submitting, you must bring identification documents for comparison. If these papers are issued, notarized or certified by a foreign competent authority, they must be consular legalized, unless otherwise exempted by law.

– Step 3: Within the prescribed time, the head of the district-level Justice Department shall record in the book and report to the President of the People’s Committee to sign the original when deeming that the conditions are satisfied, or refuse the request if it is refused to record in the household book foreclosure of marriage.

Above is the procedure for noting the marriage to be recognized as a marriage in Vietnam.

To save time learning about the law, filling the form, translating, notarizing, etc you can contact HT for  Recognition of foreign marriages in Vietnam service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Re-issuance of Work permit

re-issuance work permit - htlaw

1. Cases of re-issuance of work permits

According to the provisions of Article 12, Decree 152/2020/ND-CP, the following 3 subjects will be considered for re-issuance of work permits:

    • Foreign workers whose valid work permits are lost; 
    • The foreign worker has a damaged work permit, or
    • Foreign workers change their last name and name, nationality, passport number, and working location stated in the valid work permit.

Note: Previously, the work permit was valid for at least 5 days but not more than 45 days. But according to the provisions of Decree 152/2020/ND-CP effective from 15/02/2021, this case is subject to a work permit extension. Foreign workers whose valid work permits are lost,

2. Dossier for re-issuance of work permit

To apply for a work permit re-issuance, the employer and the foreign worker will have to prepare the following documents:

    • Sample of the employer’s written request for re-issuance of a work permit according to regulations, Form No. 11/PLI (Original) 
    • 02 color photos 4cm x 6cm, white background, taken within 06 months from the date of application submission
    • Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required (original or notarized copy)
    • Expired work permit. In case the work permit is lost, it must be certified by the commune-level police office where the foreigner resides (original or notarized copy); or a foreign competent authority as prescribed by law (consular legalization and notarized translation into Vietnamese, unless exempted from consular legalization);
    • Papers proving the change in the contents of the work permit (original or notarized copy if it is a Vietnamese document, a consular legalization copy and notarized translation into Vietnamese if it is issued by a foreign country unless exempt from consular legalization).
re-issuance work permit - htlaw

3. Procedures for re-issuance of a work permit

Procedures for re-issuance of work permits for foreigners include 4 specific steps as follows:

Step 1: Notify the employer

After discovering the loss of a work permit, a damaged work permit, or a change in information about full name, date of birth, nationality, passport number, passport issue date, and working location compared to the original document. If the work permit is in use, the employee must report to the employer as well as perform other necessary work, for example, obtain a confirmation from the competent authority in case of loss of the work permit. .

Step 2: Prepare the application for re-issuance of the work permit

In this step, the employer and the employee will prepare a full set of 4 types of documents mentioned in the above profile section.

Step 3. Submit an application for re-issuance of work permit for foreigners

The application for re-issuance of a work permit will be submitted to the Ministry of Labor, Invalids and Social Affairs or the provincial Department of Labor, War Invalids and Social Affairs that issued the lost, damaged, or altered work permit information.

Step 4. Get Result

The employer will receive a re-issued work permit or a written refusal to re-issue it with reasons within 03 working days from the date of receipt of a complete dossier of application for a work permit re-issuance.

Above is the entire procedure for re-granting a work permit for foreign workers in Vietnam.

4. Term of work permit re-issuance

The term of the re-issued work permit is equal to the term of the issued work permit minus the time the foreign worker has worked up to the time of applying for the re-issuance of the work permit. This is clearly stated in Article 15 of Decree 152/2020/ND-CP.

In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Re-issuance of work permits services. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Temporary Residence Card (TRC) Service

1. What is the Temporary Residence Card?

Article 3 of Law No. 47/2014/QH13 on Entry, exit, transit and residence of foreigners in Vietnam in 2014 clearly defines temporary residence card (Vietnam temporary residence card). 

Accordingly, “Temporary residence card is a document issued by an immigration management agency or a competent agency of the Ministry of Foreign Affairs to a foreigner who is allowed to reside in Vietnam for a definite time, and the temporary residence card has a replacement value. visa (visa)”.

2. Types of Temporary Residence Cards

Foreigners enter by visa with symbols LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, TT.

In which, the most popular types of temporary residence cards are:

Kí hiệu Đối tượngThời hạn thẻ tạm trú
ĐT1Cấp cho nhà đầu tư nước ngoài tại Việt Nam và người đại diện cho tổ chức nước ngoài đầu tư tại Việt Nam có vốn góp giá trị từ 100 tỷ đồng trở lên hoặc đầu tư vào ngành, nghề ưu đãi đầu tư, địa bàn ưu đãi đầu tư do Chính phủ quyết định.Không quá 10 năm.
ĐT2Cấp cho nhà đầu tư nước ngoài tại Việt Nam và người đại diện cho tổ chức nước ngoài đầu tư tại Việt Nam có vốn góp giá trị từ 50 tỷ đồng đến dưới 100 tỷ đồng hoặc đầu tư vào ngành, nghề khuyến khích đầu tư phát triển do Chính phủ quyết định.Không quá 05 năm.
ĐT3Cấp cho nhà đầu tư nước ngoài tại Việt Nam và người đại diện cho tổ chức nước ngoài đầu tư tại Việt Nam có vốn góp giá trị từ 03 tỷ đồng đến dưới 50 tỷ đồng.Không quá 03 năm.
LĐ1Cấp cho người nước ngoài làm việc tại Việt Nam có xác nhận không thuộc diện cấp giấy phép lao động, trừ trường hợp điều ước quốc tế mà Việt Nam là thành viên có quy định khác.Không quá 02 năm.
LĐ2Cấp cho người nước ngoài làm việc tại Việt Nam thuộc diện phải có giấy phép lao động.Không quá 02 năm.
TTCấp cho người nước ngoài là vợ, chồng, con dưới 18 tuổi của người nước ngoài được cấp thị thực ký hiệu LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2 hoặc người nước ngoài là cha, mẹ, vợ, chồng, con của công dân Việt Nam.Không quá 03 năm.

3. Benefits for Temporary Residence Card Holder

The temporary residence card holder will have the following benefits:

    • Foreigners who have been granted temporary residence cards may sponsor their grandfathers, grandmothers, fathers, mothers, wives, husbands and children to visit Vietnam;
    • Once a foreigner has been granted a lawful temporary residence card, a foreigner has the right to sponsor their spouse and children under 18 years of age to live with them while the temporary residence card is still valid and is invited or guaranteed by an agency or organization;
    • Holders of temporary residence cards are exempted from visas upon entry or exit during the validity of their temporary residence cards.

4. HT Services related to temporary residence card

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

The different between temporary residence card and visa

Convert Vietnam Temporary Residence Card: Labor to Visiting relatives

Re-issuance of Temporary Residence Card

Temporary Residence Card Extension

Labor Temporary Residence Card (LD1, LD2)

Temporary Residence Card to visit Relatives (TT)

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the
Temporary Residence Card. 

Contact us

Email: hue.truong@htlaw.vn

Phone number: +84 935 439 454. 

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Consular legalization, Consular certification

Consular legalization and consular certification are important administrative procedures commonly used in the process of granting work permits to foreigners, temporary residence cards, etc.
So what is the consular legalization and consular certificate procedure? Let’s find out by reading the following article.

1. Definition of consular certification and legalization

According to Clause 1, Article 2 of Decree 111/2011/ND-CP, the definition of consular certification and legalization is as follows:

 

Consular certification

Consular legalization

Definition

Is the competent Vietnamese agency’s certification of seals, signatures and titles on Vietnamese papers and documents so that such papers and documents can be recognized and used abroad;

Is the competent Vietnamese agency certifies seals, signatures and titles on foreign papers and documents so that such papers and documents can be recognized and used in Vietnam.

2. Competent agency for consular certification and legalization of Vietnam

The competent authorities for consular certification in Vietnam are specified in Article 5 of Decree 111/2011/ND-CP including:

    • The Ministry of Foreign Affairs has the authority to certify and legalize consular affairs in the country;
      The Ministry of Foreign Affairs may authorize foreign affairs agencies of provinces and centrally-run cities to receive dossiers of application for consular certification and legalization;
    • Diplomatic missions, consular offices, or other agencies authorized to perform the consular function of Vietnam in foreign countries (hereinafter referred to as representative offices) are competent to certify consular and legal consularization abroad. 

3. Papers exempt from consular certification and legalization:

In addition to the documents required for consular certification and legalization, there are also papers exempt from consular certification and are specified in Article 9 of Decree 111/2011/ND-CP.

    • Papers and documents exempted from consular certification and legalization according to international treaties to which Vietnam and related foreign countries are members, or on the principle of reciprocity;
    • Papers and documents transferred directly or through diplomatic channels between a competent Vietnamese agency and a foreign competent authority;
    • Papers and documents exempt from consular certification and legalization in accordance with Vietnamese law;
    • Papers and documents that do not require consular legalization or certification by a Vietnamese or foreign receiving agency or consular certification in accordance with relevant Vietnamese or foreign laws.

4. Dossier, time for consular certification and legalization

* Dossier for consular certification and legalization:

 CONSULAR LEGALIZATION CONSULAR CERTIFICATION
Foreign Office• 01 Consular legalization declaration according to the prescribed form;
• The original identity document in case of direct application;
• 01 copy of identity document in case of submitting application by post;
• Papers and documents requested for consular legalization;
• 01 translation of papers and documents requested for consular legalization into Vietnamese or English, if such papers and documents are not made in the above languages;
• 01 copy of papers proposed for consular legalization and 01 copy of translation to keep at the Ministry of Foreign Affairs.		• 01 Consular legalization declaration according to the prescribed form;
• The original identity document in case of direct application;
• 01 copy of identity document in case of submitting application by post;
• Papers and documents requested for consular legalization;
Vietnamese representative offices abroad• 01 Consular legalization declaration according to the prescribed form;
• The original identity document in case of direct application;
• 01 copy of identity document in case of submitting application by post;
• Papers and documents requested for consular legalization;
• 01 translation of papers and documents requested for consular legalization into Vietnamese, English or a foreign language that the receiving officer can understand, if such papers and documents are not made in the above languages;
• 01 copy of papers proposed for consular legalization and 01 copy of translation to keep at the Ministry of Foreign Affairs.		• 01 application form for consular certification according to the prescribed form;
• Present the original of the identification document in case of direct application;
• 01 copy of identity document in case of submitting application by post;
• Papers and documents requested for consular certification, enclosed with 01 copy of these papers and documents to keep at the representative office

* Processing time for consular legalization and certification procedures:

The time limit for processing consular legalization and certification procedures at both the Ministry of Foreign Affairs and Vietnam’s representative missions abroad is 1 working day from the date of receipt of a complete and valid dossier. In case the application has 10 or more papers and documents, the processing time may be longer but must not exceed 05 working days.

In order to save time to learn the procedures, fill out the form, Translate, notarize, and wait for the application to be submitted, you can contact HT for consular legalization and certification services. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Temporary Residence Card Extension

TRC extension - htlaw

1. How many days in advance should we renew the Temporary Residence Card?

Foreigners or enterprises or organizations employing foreign employees shall submit an application for extension of their temporary residence card no later than the last day of the validity of the temporary residence card. However, to ensure the procedure, it is recommended to submit the extension application 5 to 10 working days before the expiration of the temporary residence card. 

2. Dossier for extension of temporary residence card for foreigners by company/organization guaranteeing foreigners.

    1. Application form for temporary residence card according to Form NA6, NA8 (01 original for each declaration)
    2. Original Passport/Visa/Old Temporary Residence Card
    3. 02 photos 2x3cm
    4. A declaration of temporary residence or confirmation of temporary residence issued by the commune or ward police station.
    5. Letter of introduction from the company/organization sending employees to carry out procedures for granting temporary residence card.

–  For Labor Temporary Residence Card: 01 notarized copy of the work permit or work permit exemption for the case of applying for a temporary residence card LD1, LD2

– For Investment Temporary Residence Card:  01 notarized copy of the business registration/investment license and 01 notarized copy of the document proving the capital contribution to the company in Vietnam in case the investor applies for temporary residence cards DT1, DT2, DT3 

–  For Relative Temporary Residence Card: 01 translation into Vietnamese and notarized copies of documents proving the relationship such as Birth Certificate, Marriage Registration Certificate, Family Relationship Certificate, Household Registration…. for cases apply for a Relative Temporary Residende Card of a foreigner who is working at an enterprise/organization.

TRC extension - htlaw

3. Dossier for extension of temporary residence card for foreigners under the family visit program sponsored by Vietnamese people

    1. Application form for temporary residence card according to Forms NA7, NA8 (01 original for each declaration) 
    2. Original Passport/Visa/Old Temporary Residence Card
    3. 02 2x3cm photos (01 photo pasted on the NA8 declaration form)
    4. 01 Notarized copy or notarized translation of documents proving the relationship of relatives, spouses, parents, grandparents … (Birth certificate, Marriage registration certificate, Certificate of family relationship, Household registration … (Depending on the relationship, it is necessary to provide appropriate documents).

4. Temporary Residence Extension Application Procedure

-Immigration Department Southern Office: No. 333 Nguyen Trai Street, District 1, Ho Chi Minh City (Submitted to all businesses, companies and individuals in the Southern provinces, Central Highlands, South Central Coast)

– Immigration Department of Ho Chi Minh City Police: No. 196 Nguyen Thi Minh Khai, Ward 6, District 3, Ho Chi Minh City (Receiving documents for companies based in the city or individuals sponsoring foreigners with permanent or temporary residence in the city).

– The processing of applications for temporary residence cards will be conducted by the Immigration Office within 5 working days as prescribed.

– Applicants for temporary residence cards will receive results directly at the Immigration Department.

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Temporary Residence Card Exrension.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Change information on enterprise registration certificate

change information on business license -htlaw

1. Changes need to be registered to change the information on the enterprise registration certificate

    • Company’s name
    • Type of business
    • Headquarters
    • Full name, contact address, nationality, number of personal legal papers for legal representatives of limited liability companies and joint stock companies, general partners of partnerships
    • Full name, contact address, nationality, number of personal legal papers for an individual member, name, business identification number and head office address of the member being an organization, for a limited liability company. limited liability
    • Charter capital for companies, investment capital for private enterprises

2. Cases of change do not change the enterprise registration certificate

The enterprise changes one of the following contents:

    • Business lines
    • Founding shareholders and shareholders being foreign investors, for joint-stock companies, except for listed companies
    • Other contents in the business registration dossier

However, enterprises still have to carry out the procedures for notification of changes in business registration contents in the above cases.

3. Dossier to change business registration

Depending on the content of the change, the required documents will be different. Contact us for detailed advice.

change information on business license -htlaw

4. Submit the dossier directly

Submit the application at the Department of Planning and Investment of the province or city where the enterprise’s head office is located.

5. Submit the dossier online

Method 1: Use a business registration account

You register an account at dangkytinhdoanh.gov.vn.

Note: In case of authorization to submit a dossier, the authorization document must contain the information of the authorizing person.

Method 2: Use digital signature (token)

You must complete the procedure to purchase a digital signature.

With both methods above, after the application is valid, you will receive a receipt of the business registration application via the electronic information network. You bring the receipt directly to the business registration office to receive the results.

If the application is not valid, the Department of Planning and Investment will send details of the contents that need to be amended and supplemented. You proceed to adjust the application and resubmit.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for advice and support services Change information on the Business License.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Labor Temporary Residence Card (LD1, LD2)

Vietnam labour TRC - htlaw

LD1: Foreigners working in Vietnam with certification that they are not eligible for a work permit, unless otherwise provided for by an international treaty to which Vietnam is a signatory;

LD2: Foreigners working in Vietnam are required to have a work permit;

1. Labor Temporary Residence Card Application Dossiers:

    1. Notarized copy of Business Registration License, or Investment License, or Operation License of the representative office, branch, etc., depending on the type of business;
    2. Certificate of seal sample registration or a written notice on the publication of information about the enterprise’s seal sample on the national enterprise registration portal;
    3. A notarized copy of the foreign worker’s work permit or work permit exemption certificate with a validity of at least 12 months;
    4. Registration of seal and signature samples for the first time at the Immigration Agency (Form NA16)
    5. Official letter and application for temporary residence card for foreigners (Form NA6)
    6. Application form for temporary residence card for foreigners (Form NA8)
    7. A letter of introduction for Vietnamese employees to go through procedures to apply for a temporary residence card at the Immigration Office.
    8. Original passport (valid for at least 1 year, or 2 years if you want to display a 2-year temporary residence card. Passport with visa for the right purpose of work, with the symbol LD or DN, guaranteed by the company itself to ask for);
    9. Certificate of temporary residence registration or temporary residence registration book of the foreigner certified by the police of the ward or commune where the foreigner is temporarily residing in Vietnam (if any).
    10.  02 photos size 2cmx3cm
Vietnam labour TRC - htlaw

2. Fee for Issuance of Temporary Residence Card

Temporary residence card valid from 01 to 2 years: 100 USD/card;

3. Time to issue Temporary Residence Card

According to current regulations, the time to grant temporary residence cards to foreigners is no more than 05 working days from the date of receipt.

However, in fact, if your application is not valid and must be amended or supplemented, the time to carry out procedures for making a temporary residence card for foreigners may be longer than the above time.

4. Procedure for Issuance of Temporary Residence Card

Step 1: Submit the application at the Office of the Immigration Department of Ho Chi Minh City. 

After checking the dossier, the Immigration Department sends a receipt to the person submitting the application (Form NB7).

If the application is not valid, the application-receiving officer shall guide the applicant to complete the application. And you will need additional preparation to return to the Immigration Department’s office to reapply.

Step 2. Get Result

On the appointment date according to the appointment letter, you bring a receipt, ID or passport to present to the officer.

Inorder to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Labor Temporary Residence Card Service. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Forms of foreign investors contributing capital to Vietnamese companies

1. Forms and conditions for capital contribution, share purchase to the organization

1.1. Forms of capital contribution to Vietnamese enterprises by foreign investors

According to Article 25 Investment Law 2020, foreign investors may contribute capital to economic organizations in the following forms:

    • Buy shares issued for the first time or additionally issued shares of a joint-stock company. Foreign investors become  shareholders of joint-stock companies.
    • Contribute capital to limited liability companies, partnerships. Foreign investors become  members of limited liability companies, members of partnerships.
    • Contribute capital to other economic organizations.

1.2. Forms of buying shares and contributed capital of Vietnamese companies

Foreign investors purchase shares and capital contributions of economic organizations in the following forms:

    • Buy shares of a joint stock company from the company or shareholder;
    • Purchase of capital contributions of members of a limited liability company to become a member of a limited liability company;
    • Purchase of capital contributions of capital-contributing members in a partnership to become a capital-contributing member of a partnership;
    • Purchase of capital contributions of members of economic organizations other than the above cases.

1.3 Conditions for capital contribution, share purchase by foreign investors

The capital contribution, share purchase portion of foreign investors in the forms specified above must satisfy the following conditions:

The rate of ownership of charter capital of foreign investors is restricted in listed companies, public companies, securities trading organizations and securities investment funds; Government-owned enterprises, equitization or ownership conversion in other forms. (Clause 1, Article 23 of the Investment Law 2020)

Investment form, scope of activities, Vietnamese partners participating in the implementation of investment activities and other conditions under the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Investment procedures in the form of capital contribution, share purchase

2.1 Foreign investors must carry out procedures for registration of capital contribution, purchase of shares to economic organizations in the following cases:

Foreign investors contribute capital, purchase shares or capital contributions to economic organizations operating in business lines with conditions applicable to foreign investors;

The capital contribution or purchase of shares or contributed capital results in a foreign investor or an economic organization in one of the following circumstances holding 51% or more of the charter capital of the economic organization:

i. Having a foreign investor holding 51% or more of the charter capital or having the majority of general partners being foreign individuals, for economic organizations being a partnership; or

ii. Having an economic organization at point i holding 51% or more of its charter capital; or

iii. Having foreign investors and economic organizations specified at Points i and ii holding 51% or more of charter capital.

The foreign investor that contributes capital, purchases shares or stakes of a business organization has a certificate of rights to use land on an island or in a border or coastal commune; in a coastal commune; in another area that affects national defense and security.

** Dossier for registration of capital contribution, share purchase:

A written registration for capital contribution, share purchase or capital contribution, including the following contents: information about the economic organization to which the foreign investor intends to contribute capital, purchase shares or capital contribution; rate of ownership of charter capital of foreign investors after capital contribution, purchase of shares or capital contribution to economic organizations;

Certified copies of the identity card, or passport for the investor being an individual; Certified copies of Business license or other equivalent document certifying legal status for investor being an organization.

** Procedures for registration of capital contribution, share purchase and capital contribution:

Step 1: The investor submits a dossier at the Department of Planning and Investment where the economic organization’s head office is located to register for capital contribution;

Step 2: After being approved for the registration of capital contribution, purchase of shares or contributed capital, the investor shall contribute capital, receive the transfer of shares and contributed capital, and carry out procedures in accordance with the Law on Enterprises.

2.2. Investors who are not subject to procedures for registration of capital contribution, purchase of shares or contributed capital:

Investors who are not in the case of carrying out the procedures for registration of capital contribution, purchase of shares mentioned above, and procedures for changing shareholders or members as prescribed by law when contributing capital or buying shares capital contribution of economic organizations. If there is a need to register the capital contribution, purchase of shares or contributed capital of an economic organization, the investor shall comply with regulations.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HTLaw for advice and support for Capital Contribution for Foreign Investor legal services.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Set up company in Vietnam (for Vietnamese enterpreueur)

Set up company in Vietnam - htlaw
Set up company in Vietnam - htlaw

1. Service packages for setting up a business at HTLaw

Package
BasicAdvancePremium
Preliminary consultation

x
Enterprise registration certificate, tax code
xxx
Post company establishment statement
xxx
Seal + Announcement of seal sample
xxx
In-depth consultation
xx
1 year token tax declaration
xx
E-invoice 50 numbers
x
Open a company bank account
x
Tax and accounting support
x
After-consultation service
x
Working time
9 days
9 days
9 days
Fee (exclude VAT) (VND)
4,900,000
6,900,000
9,500,000
Fee (exclude VAT) (USD)
215300410

2. Consulting before setting up a business

    • Choose the right type of business
    • Choose a business name
    • Choose a business lines
    • Advice on the amount of charter capital
    • Advice on founding members/shareholders

3. Consulting after business establishment

In addition to setting up a company, HTLaw will conduct consultation after business establishment on what are the next procedures that need to be done. During the business operation, if clients need to use other consulting services, and HTLaw always accompanies and supports.

4. The information customers need to provide

    • Company name
    • Company address
    • Company phone number and email
    • Intended business lines
    • Authorized capital
    • ID card or passport of the owner/member of the company/founding shareholder/legal representative
    • Permanent address, contact details of the owner/member of the company/founding shareholder/legal representative

5. Documents the customer needs to provide

    • Certified copy of ID card or passport of the owner/company member/founding shareholder
    • Certified copy of ID card of the legal representative

In order to save time to learn the procedures, fill out the form, notarize, wait for the application to be submitted, you can contact HTLaw for  Business registration service.

Contact us

    • Email: hue.truong@htlaw.vn 
    • Phone no.: +84 935 439 454. 
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Set up a foreign-invested enterprise

Set up a foreign-invested enterprise - htlaw

Before establishing a foreign-owned enterprise, a foreign investor must have an investment project and carry out procedures for granting and adjusting the Investment Registration Certificate, except for the case of setting up a start-up small and medium-sized enterprise, creativity, and innovative start-up investment funds in accordance with the law on supporting small and medium enterprises.

Below is the procedure for establishing a foreign-owned enterprise, the investor shall carry out the procedure for issuing the Investment Registration Certificate according to the following steps:

Set up a foreign-invested enterprise - htlaw
Set up a foreign-invested enterprise - htlaw

1. Preparing documents for issuance of Investment Registration Certificate

An application for an Investment Registration Certificate includes:

1. A written request for the implementation of an investment project.

2. Documents proving legal status:

    • For institutional investors: a copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor is an organization.
    • For individual investors: Copy of identity card or passport.

3. Investment project proposal includes the following contents: investor implementing the project, investment objective, investment scale, investment capital. and capital mobilization plan, location, time, investment schedule, labor demand, a proposal for investment incentives, impact assessment, and socio-economic efficiency of the project.

4. Proof of investor’s financial capacity:

    • For institutional investors: financial statements of the last 2 years of the investor. Or commit to the financial support of the parent company. Or pledge financial support from a financial institution. Or guarantee the financial capacity of the investor. Or documents explaining the investor’s financial capacity.
    • For individual investors: confirm account balance, passbook;

5. Head office lease contract, Documents proving the lessor’s right to lease (Land use right certificate, Construction permit, Business registration certificate with real estate business function of the lessor or equivalent documents).

6. Proposed demand for land use; In case the project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the location lease agreement or other document certifying that the investor has the right to use the site for implementation of the project must be submitted. current investment project;

7. An explanation of the use of technology for investment projects, for projects using technologies on the list of technologies restricted from transfer in accordance with the law on technology transfer, include the following contents: name of technology, technology origin, technological process diagram; main technical parameters, use status of the main machinery, equipment, and technological lines;

2. Submit application for Investment Registration Certificate

Procedures for granting an Investment Registration Certificate for investment projects that are not subject to a decision on investment policies are as follows:

Online declaration of information about investment projects on the National Foreign Investment Information System

    • Before carrying out the procedures for issuance of the Investment Registration Certificate, the investor shall declare online information about the investment project on the National Foreign Investment Information System. Within 15 days from the date of online declaration, the investor shall submit the application for the Investment Registration Certificate to the Investment Registration Authority.
    • After the Investment Registration Authority receives the application, the investor is granted an account to access the National Information System on Foreign Investment to monitor the processing of the application.
    • The investment registration agency uses the National Foreign Investment Information System to receive, process, and return investment registration results, update the status of application processing, and issue code numbers for the investment project.

Submit an application directly for an Investment Registration Certificate

An investor shall submit an application for an Investment Registration Certificate at the investment registration agency according to its competence as follows:

Department of Planning and Investment of the province where the company’s head office is located:

    • Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones;
    • Investment projects on infrastructure development of industrial parks, export processing zones, high-tech zones, and investment projects in industrial parks, export processing zones, and high-tech zones in localities where a Management Board has not yet been established. industrial parks, export processing zones, and high-tech zones.
    • Investment projects implemented in many provinces and centrally-run cities;
    • Investment projects are implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones, and economic zones.

The management board of industrial parks, export processing zones, high-tech zones, and economic zones of the province where the company is headquartered

    • Investment projects on infrastructure development of industrial parks, export processing zones, and high-tech zones; 
    • Investment projects are implemented in industrial parks, export processing zones, high-tech zones, and economic zones.

3. Issuance of Investment Registration Certificate

Within 15 days from the day on which the complete application is received, the investment registration agency shall issue the Investment Registration Certificate. In case of refusal, the investor must be notified in writing and clearly state the reasons therefor.

4. Prepare documents and submit the application for the Enterprise Registration Certification

After a foreign-invested company is granted an Investment Registration Certificate, the investor shall carry out the procedures for granting an enterprise registration certificate similar to the procedure for establishing a Vietnamese-owned company.

Dossier of application for an enterprise registration certificate

    • Business registration application form.
    • Company rules.
    • Copies of the following papers: Citizen’s identity card,  Passport, or other lawful personal identification of members being individuals; owner (for one-member limited liability companies), founding shareholders (for joint stock companies);
    • Establishment decision, enterprise registration certificate or other equivalent documents of owners, company members, founding shareholders being organizations.
    • Decision on appointment of a manager of the contributed capital portion of the owner, capital contributor, shareholder being an organization and Identity Card/Citizen Identity Card, Passport or other lawful personal identification of the manager of the contributed capital portion.
    • List of members (for limited liability companies with two or more members; List of founding shareholders and shareholders being foreign investors (list of authorized representatives if there are institutional shareholders).
    • An investment registration certificate for investors has been granted.

Competence to issue business registration certificates:

Department of Planning and Investment of the province where the company’s head office is located

5. Next steps

    • Disclosure of business registration information
    • Engraving the company’s seal
    • Open a foreign direct investment capital account
    • Signboard at headquarters.
    • Register digital signature for electronic tax payment and tax report online
    • Buy an electronic digital signature to make an electronic tax payment
    • Proposal to issue e-invoices.
    • Make reports on project implementation according to the provisions of the Investment Registration Certificate.
    • Declare and pay tax according to regulations.

In addition, foreign investors can invest in the form of capital contribution or purchase of shares of Vietnamese companies. See details here.

For institutional investors, you can set up a representative office to learn the market before setting up a company. Establishing a representative office will be more cost-effective and faster in terms of time. See details here. 

To save time learning the procedures, filling in the form, notarizing, and waiting for submitting the application, you can contact HTLaw for Registration of a foreign-invested company services.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Consulting & Drafting Contracts

With a lot of practical experience in business activities of enterprises, HTLaw team supports customers in consulting, and drafting contracts. Especially, HTLaw supports drafting bilingual contracts, complying with Vietnamese and international laws.

Consulting and Drafting contracts

1. Contract consulting service

    • Advising on the provisions of the law and the application in practice related to the terms in various types of contracts of enterprises;
    • Participating in contract negotiations with the parties;
    • Consulting and participating in the negotiation stages to sign contracts with enterprises;
    • Researching relevant documents, and finding out relevant information about the parties to the contract in specific cases at the request of the business, thereby providing the optimal consulting solution for the drafting and signing of the contract. , ensure maximum benefits for the business and balance the interests of the parties in the contract;
    • Appraise the contents of the draft contract of the enterprise with its partners according to the requirements of the enterprise and according to the provisions of law;
    • Legal advice on other related issues on the basis of legal provisions on contracts at the request of enterprises;
    • Consulting and settling contract disputes;
    • Consulting and explaining contract-related contents for businesses;
    • Comprehensive consulting on issues related to contracts of enterprises.

2. Contract drafting service

Drafting the contract on the basis of the requirements of the business and in accordance with the law, ensuring maximum benefits of the customer and balancing the interests of the parties in the contract.

Some information customers need to provide when using contract consulting services

    • Information of the parties to the Contract (if individuals: provide identity cards, if organizations: provide business registration certificates of the parties);
    • Contract Type
    • The basic content of the Contract of the two parties towards;
    • Contract value and payment method and payment term;
    • Duration of contract;
    • Basic rights and responsibilities of the parties (if the two parties have a basic agreement);
    • Designated dispute resolution body (if any).

In case the customer does not have the above specific information, we will support the customer with unspecific information so that the customer has a comprehensive view of the contract to be drafted in the future.

To save time learning about the law, drafting contracts, as well as ensuring the benefits of the parties and minimizing risks, you can contact HTLaw for Consulting and Drafting Contract services. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Regular Legal Consultation Package

1. What is Regular Legal Consultation package?

Regular legal consultation package for small and medium-sized businesses without a legal department. When using this service, businesses can answer and resolve legal issues quickly and economically.

HT can flexibly customize the service package to suit each customer with different needs, ensuring to meet the needs of the business at the most reasonable cost.

Tư vấn pháp lý thường xuyên E

2. Services in Regular Legal Consultation package

    • Answer legal questions related to business, investment, labor, immigration, and other fields.
    • Drafting and reviewing legal documents (contracts, agreements, etc.)
    • Provide new legal updates for business operations
    • Dispute resolution consulting, litigation participation
    • Legal advice on projects, mergers and acquisitions, purchase and sale, and transfer of contributed capital and shares
    • Consulting, registration of intellectual property

3. Why using Regular Legal Consultation package is necessary?

In the course of business operations, it is difficult for enterprises to avoid legal risks that may occur in the business process, from internal management of the enterprise to business development, etc. all of which have potential risks of arising conflicts, disputes, and damages arising from unforeseeable legal risks, among them are the following risks:

    • Enterprises do not have clear working processes and regulations, leading to disputes between capital contributors
    • Enterprises are sued for dismissing employees who do not comply with the prescribed legal order and procedures (about labor contracts, social insurance, employee welfare regimes, …)
    • Enterprises lose their trade and are counterfeited or counterfeit products that are not protected by law.
    • Enterprises may encounter unfavorable terms scattered in commercial contracts or enterprises sign contracts of great value but are not valid due to provisions contrary to the provisions of law.
    • Enterprises are fined for not complying with regulations on business registration.

Regular legal consulting services will prevent the above cases from happening and support businesses to quickly resolve when the above risks occu

To save time learning about the law and limit legal risks in business operations, you can contact HT to design a customized Regular Legal Consultation Package.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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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 to 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 checks 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, and ID card to the officer to compare 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:

    1. Application form for granting, supplementing, amending and extending temporary residence (Form NA5)
    2. Passport
    3. 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…
    4. Certificate of temporary residence of the Ward Police.
    5. Letter of authorization (if applicable)

IV. PROCESSING TIME:

05 working days from the date of application

V. FEES:

    • 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 the procedures, filling forms, certificates, waiting for the application, you can contact HT for Visa extension services for foreigners service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Vietnam visa (labor, investor, business visa)

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:

    1. Letter requesting the Immigration Department to consider and approve the personnel to issue visas and grant entry permits to foreigners entering Vietnam (Form NA2);
    2. A notaried copy of the license or decision of a competent authority on the establishment of the organization;
    3. Document introducing the seal, signature of the authorized person of the organization (form NA16 issued together with Circular No. 04/2015/TT-BCA).
    4. Introduction Letter
    5. 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

In order to save time to learn the procedures, fill out the form, notarize, wait for the application to be submitted, you can contact HT for Vietnam Visa services.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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FORMS OF A WILL

I. What is a will?

Will means an expression of the wishes of a natural person, made in order to bequeath his or her property to others after his or her death.

II. Form of wills

    1. Oral wills
    • An oral will is only made in case a person’s life is threatened by death and it is impossible to make a written will.
    • An oral will shall be deemed lawful only if the testator orally expressed his or her last wishes before at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document. A will must be notarized or certified within five working days of the date on which the testator orally expressed his/her last wishes.
    • After 03 months from the time of an oral will, if the testator is still alive, sane and wise, the oral will shall automatically become invalid.

2. Written wills:

Unwitnessed written wills

A testator must write a will by his or her own hand and must sign it. If a will is a typed document signed by the testator or the testator writes it himself/herself but someone else signs it for him/her, it will not be considered legal.

A written will without witnesses must comply with the law to ensure the legitimacy of the will.

Witnessed written wills

Where a testator is not able to write a will by his or her own hand, the testator may type or request another person to write the will, but there must be at least two witnesses. The testator must sign or fingerprint the will in the presence of the witnesses; the witnesses shall acknowledge the signature or fingerprint of the testator and sign the will.

Witnessed written wills which are notarized or certified

The testator may request notarization or certification of the will at a notary practice organization, the People’s Committee of the commune, or request the notary to come to his/her residence to make a will.

Some written wills are as valid as notarized or certified wills, including:

    • A written will be made by a serving soldier who is not able to request a notarization or certification of his or her will provided that such will is certified by the head of his or her unit having the rank of a company commander or higher.
    • A written will is made by a person traveling on a seagoing vessel or aircraft provided that the will is certified by the captain of the vessel or aircraft.
    • A written will be made by a person undergoing medical treatment in a hospital or other medical establishment or sanatorium provided that the will is certified by the person in charge of such hospital or establishment or sanatorium.
    • A written will be made by a person conducting surveys, explorations, or research in mountainous areas, forests, or offshore islands provided that the will is certified by the person in charge of the unit.
    • A written will be made by a Vietnamese citizen residing abroad provided that the will is certified by a Vietnamese consular or diplomatic representative mission in that country.
    •  A written will be made by a person held in temporary detention, serving a prison sentence or administrative penalty, or at an educational or medical facility provided that the will is certified by the person in charge of such facility.

III. Notes when making a will

    • A will may not be written using abbreviations or other symbols. If a will consists of several pages, each page must be numbered and bear the signature or fingerprint of the testator.
    • Where a will has erasure or correction, the testator or the testament witness must sign beside erasing and corrected place.
    • Notarization or certification of a will is optional and does not affect the legality of the will, except in the case of a will of a person with physical limitations or of an illiterate person.
    • A will made by a person between fifteen and eighteen years of age must be made in writing and with the consent of the parents or guardian of such person.

To save time searching about the law, and ensure the validity of your will, you can contact HT for Will making service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone no.: +84 935 439 454. 
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LABOR DISPUTE SETTLEMENT PROCEDURES

1. What is a labor dispute?

A labor dispute means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relation; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation.

2. Competence to settle

    • Labor Mediators
    • Labor Arbitration Council
    • District People’s Court
    • Provincial People’s Courts to settle labor disputes involving foreign elements.

3. Statute of limitations for lawsuits

The time limit to bring an individual labor dispute to the Court is 01 year from the day on which a party discovers the act of infringement of their lawful rights and interests.

4. Order and procedures for implementation

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

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

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

Step 4: The judge accepts the case

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

5. Dossier composition

    • Lawsuit petition
    • Copy of ID card/Passport;
    • Copy of Household book;
    • Documents related to labor relations such as: Labor contract, decisions to terminate labor contract, …
    • If the employer initiates a lawsuit, it must submit additional documents on the legal status of the enterprise such as investment registration certificate, enterprise registration certificate, charter, labor regulations, etc.
    • Other documents and evidences evidencing the lawsuit claim (if applicable)
    • A list of documents to be submitted together with the lawsuit petition.

6. Settlement time

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

In fact, the time to resolve divorce cases may be shorter or longer than the time prescribed by law depending on the nature of each case.

7. Court fee

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

Labor case has no value300.000 VND
Labor case has value
From 6.000.000 VND or less300.000 VND
From over 6.000.000 VND to under 400.000.000 VND5% disputed property value
From over 400.000.000 VND to 800.000.000 VND20.000.000 VND + 4% of the part of the disputed property value exceeding 400.000.000 VND
From over 800.000.000 VND to 2.000.000.000 VND36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND
From over 2.000.000.000 VND to 4.000.000.000 VND 72.000.000 VND + 2% of the part of the disputed property value exceeding 2.000.000.000 VND

In there:

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

Labor disputes are always an exhausting and costly process. The most important thing when participating in a labor dispute is to have a reputable, experienced, and enthusiastic lawyer to support. HT’s team of lawyers is always ready to support customers with the highest sense of responsibility!

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone no.: +84 935 439 454. 
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Investment Temporary Residence Card (DT1, DT2)

Investor TRC - htlaw

DT 1: Foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a contributed capital of 100 billion VND or more or investing in industries or trades eligible for investment incentives, priority area decided by the Government;

DT2: Foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a contributed capital of between VND 50 billion and under VND 100 billion, or investing in industries and trades encouraged for investment and development by Government to decide;

DT3: Foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contribute capital from 03 billion VND to less than 50 billion VND;

1. Investment Temporary Residence Card Dossiers

    1. Notarized copy of Business Registration Certificate, Investment License which clearly shows the capital contribution of the foreign investor.
    2. Certificate of seal sample registration or a written notice on the publication of information about the enterprise’s seal sample on the national enterprise registration portal.
    3. Registration of seal and signature samples for the first time at the Immigration Agency (Form NA16)
    4. Official letter and application for temporary residence card for foreigners (Form NA6)
    5. Application form for temporary residence card for foreigners (Form NA8)
    6. A letter of introduction for Vietnamese employees to go through procedures to apply for a temporary residence card at the Immigration Office.
    7. Original passport and visa (passport valid for at least 13 months and visa to enter Vietnam for the right purpose);
    8. Certificate of temporary residence registration or temporary residence registration book of foreigners certified by the police of the ward or commune where the foreigner is temporarily residing in Vietnam;
    9. 02 portrait photos 2cmx3cm.
Investor TRC - htlaw

2. Fee for issuance of Temporary Residence Card

    • 145 USD/1 card for temporary residence card valid from 1 to 2 years;
    • 155 USD/1 card for temporary residence card valid from 2 to 5 years;

3. Temporary Residence Card Issuance Procedure

Step 1: Submit your application at the Office of the Immigration Department of Ho Chi Minh City.

After checking the dossier, the Immigration Department sends a receipt to the person submitting the application (Form NB7), and you are instructed to pay the fee at the fee counter.

If the application is not valid, the application-receiving officer shall guide the applicant to complete the application. And you will need additional preparation to return to the Immigration Department’s office to reapply.

Step 2. Get Result

On the appointment date according to the appointment letter, you bring a receipt, Identify Card or passport to present to the officer returning the inspection results and comparison.

If there is a result of granting a temporary residence card, you will pay a fee, then sign and receive the result (whether or not a temporary residence card is issued).

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Temporary Residence Card for Investor. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Procedures for divorce with foreign elements in Vietnam

RECOGNITION OF FOREIGN MARRIAGE in vietnam - htlaw

1. Divorce cases involving foreign elements in Vietnam

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

2. Competence to settle

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

3. Order and procedures for implementation

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

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

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

Step 4: The judge accepts the case

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

4. Profile composition

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

5. Settlement time

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

6. Court fees

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

Divorce has no value300.000 VND
Divorce has value
From 6.000.000 VND or less300.000 VND
From over 400.000.000 VND to 800.000.000 VND20.000.000 VND + 4% of the part of the disputed property value exceeding 400.000.000 VND
From over 400.000.000 VND to 800.000.000 VND36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND
From over 800.000.000 VND to 2.000.000.000 VND36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND
From over 2.000.000.000 VND to 4.000.000.000 VND72.000.000 VND + 2% of the part of the disputed property value exceeding 2.000.000.000 VND

In there:

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

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

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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CIVIL DISPUTE SETTLEMENT PROCEDURES

I. METHODS OF CIVIL DISPUTES

Civil dispute resolution methods:
– Self-agreement with each other;
– Reconcile;
– Ask the Court to settle. 

II. CIVIL DISPUTE SETTLEMENT AUTHORITY

    1. Court jurisdiction by level
      The determination of the Court’s competence by level is regulated based on the complexity of each type of case, the infrastructure conditions, and the actual professional qualifications of the court staff.
      – District People’s Court
      – Provincial People’s Court
      – High People’s Court
      – Supreme People’s Court
    1. Jurisdiction of the Court by territory
      – The court where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization as prescribed by law
      – The court where the plaintiff resides or works, if the plaintiff is an individual, or where the plaintiff’s office is located, if the plaintiff is an agency as prescribed by law
      – The court where the real estate is located when the subject of the dispute is real estate
    1. Jurisdiction at the choice of the plaintiff
      Plaintiffs have the right to choose a Court to settle civil disputes. However, the selection must still ensure compliance with the provisions of the law on civil procedure

III. DISPUTE SETTLEMENT PROCESS IN COURT

Step 1: After determining the settlement competence, the agency, individual or organization shall take a lawsuit according to the provisions of Article 189 of the Civil Procedure Code 2015, along with evidence and attached documents.

Step 2: The petitioner can apply directly to the court; Send it to the Court by post or Submit it online electronically via the Court’s Portal (if applicable).

Step 3. The court receives the lawsuit petition and issues a certificate of receipt of the lawsuit petition. The next time, the Court will assign a Judge to consider the petition. Within 05 working days, the Court will make a decision to amend or supplement the petition, transfer the petition to another Court, return the petition in case of improper competence; If the petition is suitable and satisfactory, the court will issue a decision to accept the case (Article 196, Article 197 of the Civil Procedure Code 2015).

Step 4. The petitioner must pay the court fee in advance and submit the receipt to the Court to avoid the Court suspending the settlement of the case.

Step 5. The process of settling the case is conducted according to first-instance procedures and other procedures according to general regulations on civil procedures.

IV. TRIAL PREPARATION TIME

According to Article 203 of the Civil Procedure Code 2015, the time limit for preparation for trial of all types of cases, except for cases being tried according to summary procedures or cases involving foreign elements, is prescribed as follows:

a) For the cases specified in Articles 26 and 28 of the Civil Procedure Code 2015, the time limit is 04 months from the date of acceptance of the case;

b) For the cases specified in Articles 30 and 32 of the Civil Procedure Code, the time limit is 02 months from the date of acceptance of the case.

For cases of a complicated nature or due to force majeure events or objective obstacles, the chief justices of the courts may decide to extend the time limit for trial preparation, but not exceeding 02 months, for cases falling under the following circumstances which specified at Point a of this Clause and within 01 month for the case specified at Point b of this Clause.

If there is a decision to temporarily suspend the settlement of the case, the time limit for trial preparation shall be recalculated from the date on which the Court’s decision to continue the settlement of the case takes legal effect.

After finishing the trial preparation process, the civil case will be conducted for first-instance, appellate, cassation (if applicable), and reopening (if applicable). The processing time will depend on the contents of the case.

Civil disputes are always an exhausting and costly process. The most important thing when participating in a civil dispute is to have a reputable, experienced and enthusiastic lawyer to support. HT’s team of lawyers is always ready to support customers with the highest sense of responsibility!

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone no.: +84 935 439 454. 
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PROCEDURES FOR SETTLEMENT OF COMMERCIAL DISPUTES

htlaw.vn

1. Common commercial disputes

Commercial disputes are conflicts over rights and obligations between parties in the process of conducting commercial activities.

Common commercial disputes

    • Purchasing and selling goods, providing services; lease, hire purchase; construction; freight; purchasing and selling bonds and stocks; financial investment, banking.
    • Disputes over intellectual property rights, technology transfer between individuals and organizations, and all have profit purposes.
    • Other business and commercial disputes as provided by law.

2. Methods of settling commercial disputes

Commercial disputes can be resolved through the following forms: Negotiation, Conciliation, Arbitration, Court. In particular, the Arbitration and the Court are considered to be highly effective, meeting the needs and desires of the disputing parties.

CourtArbitration
Advantages- Judgment of the Court is coercive.
- Expenses when participating in legal proceedings (court fees, charges) are reasonable.
- Respect the agreement of the disputing parties
- Quick and flexible procedure
- Information security
- The Arbitrator's decision is final, legally binding on the parties, the parties have no right to appeal
Disadvantages- Dispute resolution often takes a long time
- Rigid and complicated procedures
- Public trial, which is difficult to ensure the confidentiality of information for the parties
- High cost
- The Arbitrator's decision may be requested by the parties to be reviewed by the Court or may be annulled by the competent Court.

3. Jurisdiction and order to settle commercial disputes through Arbitration and Court

 CourtArbitration
Authorization
to handle
Competent People's Courts (district or provincial level) can resolve most commercial disputes, unless the parties have agreed to arbitration.Disputes shall be resolved by arbitration if the parties have an arbitration agreement. The arbitration agreement can be made before or after a dispute occurs.
Sequence of settlementStep 1: Submit the lawsuit petition and evidence documents at the competent People's Court
Step 2: Within 07-15 days, the Court will check the dossier and send a notice of advance payment (if the dossier is valid)
Step 3: Within 07 days, the litigators must advance court fees and submit the receipts for payment of Court fee advances to the Court
Step 4: The judge accepts the case
Step 5: The court conducts conciliation so that the involved parties can reach agreement on the settlement of the case. If conciliation fails, the case will be brought to the first-instance trial.

Step 1: The plaintiff submits the lawsuit petition, documents and evidence attached to the petition
Step 2: Defendant submits a self-defense or re-initiate lawsuits to the Commercial Arbitration Center
Step 3: The commercial arbitration center establishes an arbitration council to open a dispute settlement session
Step 4: After the end of the dispute resolution session, the Arbitral Council will issue an arbitral decision by voting on the principle of majority.
Settlement time- Preparation for trial: up to 04 months. In case the case is complicated or there are objective obstacles, the extension may be extended for no more than 2 months.
- Opening the court session: 01 month from the date of issuing the decision to bring the case to trial. If there is a legitimate reason, this time limit is 02 months.
In fact, the time to settle commercial disputes may be shorter or longer than the time prescribed by law depending on the nature of each case.
Depending on the nature of each case, the arbitration time will be different. However, in general, the majority of disputes resolved by Arbitration will take a shorter time than the Court.

Commercial disputes are always an exhausting and costly process. The most important thing when participating in a commercial dispute is to have a reputable, experienced, and enthusiastic lawyer to support. HTLaw’s team of lawyers is always ready to support customers with the highest sense of responsibility!

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone no.: +84 935 439 454. 
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How to apply for Vietnamese citizenship

Thing you need to know about application for vietnam visa - htlaw

1. Subjects to be naturalized in Vietnam

The naturalization of Vietnam is stipulated in the Law on Vietnamese nationality and other legal documents such as. Decree No. 16/2020/ND-CP of the Government detailing the implementation of the Law on Vietnamese nationality;

Foreign citizens and stateless persons who are permanently residing in Vietnam and who apply for Vietnamese citizenship may be granted Vietnamese citizenship if they fully satisfy the following conditions:

    1. Having full civil act capacity as prescribed by Vietnamese law;
    2. Comply with the Constitution and laws of Vietnam, respect the traditions, customs and practices of the Vietnamese nation;
    3. Knowing Vietnamese enough to integrate into the Vietnamese social community;
    4. Have permanently resided in Vietnam for 5 years or more;
    5. Able to secure life in Vietnam.

Foreign citizens and stateless people may be naturalized in Vietnam without having to fully meet the conditions specified above if they fall into one of the following cases:

    1. Being the wife, husband, child, father or mother of a Vietnamese citizen;
    2. Having meritorious contributions to the cause of construction and defense of the Vietnamese;
    3. In favor of the Socialist Republic of Vietnam.

Foreign citizens who are granted Vietnamese nationality shall no longer retain their foreign nationality, except in special cases decided by the State President.

A person applying for Vietnamese citizenship may not acquire Vietnamese nationality if it harms the national interests of Vietnam.

Foreigners applying for Vietnamese nationality must make an application according to a form prescribed by the Ministry of Justice. Attached to the application for naturalization in Vietnam must have all the papers as prescribed by law.

The person applying for Vietnamese nationality must have a Vietnamese name; Vietnamese name must be clearly stated in the application for naturalization of Vietnam.

2. Conditions for naturalization in Vietnam

    1. Foreign citizens and stateless persons who are permanently residing in Vietnam, and apply for Vietnamese citizenship, may be granted Vietnamese citizenship if they fully meet the following conditions:
      a) Having full civil act capacity as prescribed by Vietnamese law;
      b) Comply with the Constitution and laws of Vietnam; respect the traditions, customs and practices of the Vietnamese nation;
      c) Know enough Vietnamese to integrate into the Vietnamese community;
      d) Have permanently resided in Vietnam for 5 years or more up to the time of applying for Vietnamese citizenship;
      dd) Capable of ensuring life in Vietnam.
    2. An applicant for Vietnamese nationality may be naturalized in Vietnam without having to satisfy the conditions specified at Points c, d and dd, Clause 1 of this Article if falling into one of the following cases:
      a) Being the wife, husband, natural father, mother or natural child of a Vietnamese citizen;
      b) Having special merits for contributing to the cause of construction and defense of the Vietnamese;
      c) It is beneficial to the Socialist Republic of Vietnam.
    3. Those who acquire Vietnamese nationality must renounce their foreign nationality, except for those specified in Clause 2 of this Article, in special cases, if so permitted by the President.
    4. The person applying for Vietnamese nationality must have a Vietnamese name. This name is chosen by the applicant for naturalization in Vietnam and clearly stated in the Decision for naturalization in Vietnam.
    5. A person applying for Vietnamese nationality may not acquire Vietnamese nationality if it is detrimental to Vietnam’s national interests. 

3. Dossier for naturalization in Vietnam

    1. Application for naturalization of Vietnam;
    2. Copy of Birth Certificate, Passport or other valid substitute document;
    3. Background statement;
    4. A judicial record card issued by a competent Vietnamese agency for the time the applicant for Vietnamese citizenship resides in Vietnam, a judicial record card issued by a competent foreign agency for the period of time the time the applicant for Vietnamese citizenship resides abroad. Judicial record cards must be issued within 90 days from the date of filing;
    5. Documents proving Vietnamese proficiency;
    6. Proof of residence, permanent residence time in Vietnam;
    7. Proof of life insurance in Vietnam.
Thing you need to know about application for vietnam visa - htlaw

4. Procedures for processing applications for naturalization in Vietnam

    1. The person applying for Vietnamese citizenship shall submit a dossier to the Department of Justice of the place where he/she resides. In case the dossier does not contain all the papers specified in Clause 1, Article 20 of this Law or is invalid, the Department of Justice shall immediately notify the applicant for Vietnamese citizenship to supplement and complete the dossier.

    2. Within 5 working days after receiving a complete and valid dossier, the Department of Justice shall send a written request to the police agency of the province or city under central authority (hereinafter referred to as the provincial level) to verify the application. identity of the applicant for Vietnamese citizenship.

      Within 30 days from the date of receipt of the request of the Department of Justice, the provincial-level police agency shall verify and send the results to the Department of Justice. During this time, the Department of Justice must conduct verification of documents in the application for Vietnamese citizenship.

      Within 10 working days from the date of receipt of verification results, the Department of Justice shall complete the dossier and submit it to the President of the provincial People’s Committee.

      Within 10 working days from the date of receipt of the request of the Department of Justice, the President of the People’s Committee of the province shall consider, conclude and propose opinions to the Ministry of Justice.

    3. Within 20 days after receiving the proposal of the President of the provincial People’s Committee, the Ministry of Justice is responsible for re-examining the dossier, if it deems that it meets the conditions for naturalization in Vietnam, it shall send a notice to the Ministry of Justice. notify in writing the applicant for naturalization in Vietnam to carry out the procedures for applying for renunciation of foreign nationality, unless the applicant for naturalization in Vietnam applies to retain foreign nationality or is a stateless person. Within 10 working days after receiving the certificate of renunciation of foreign nationality of the applicant for Vietnamese citizenship, the Minister of Justice shall report to the Prime Minister for submission to the State President for consideration and decision.

      In case an applicant for naturalization in Vietnam applies to retain foreign nationality and the applicant for naturalization in Vietnam is stateless, within 20 days from the date of receipt of the proposal of the President of the People’s Committee, Provinces, the Ministry of Justice is responsible for re-checking the application file, if deems that the applicant for naturalization in Vietnam is fully qualified to be naturalized in Vietnam, it shall report it to the Prime Minister and submit it to the State President for consideration and decision.

    4. Within 30 days after receiving the Prime Minister’s proposal, the State President shall consider and decide. 

      Order, procedures and dossiers of application for Vietnamese citizenship for stateless persons who have permanently resided in Vietnam.

      Stateless persons without full identification papers, but have resided stably in the Vietnamese territory for 20 years or more as of the effective date of this Law and comply with the Constitution and laws of Vietnam. shall be entitled to naturalization in Vietnam according to the order, procedures and documents prescribed by the Government.

5. Fee for naturalization in Vietnam

Pursuant to Circular 281/2016/TT-BTC, the fee for applying for Vietnamese citizenship is VND 3 million/case.

The following cases are exempted from fees for applying for Vietnamese citizenship:

– Persons with special meritorious contributions to the cause of construction and defense of the Vietnam: are awarded with Orders, Medals and other noble titles of the Democratic Republic of Vietnam, the Revolutionary Government, provisionally for the Republic of South Vietnam, the Socialist Republic of Vietnam or certified by a competent Vietnamese agency or organization for such special merit.

– Stateless people apply for Vietnamese citizenship;

– Migrants from Laos are allowed to reside and apply for Vietnamese citizenship.

To save time learning about the law, prepare the dossier, you can contact HT for Apply Vietnamese Citizenship service. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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PROCESS OF BRANCH ESTABLISHMENT IN VIETNAM

htlaw - BRANCH ESTABLISHMENT IN VIETNAM
htlaw - BRANCH ESTABLISHMENT IN VIETNAM

A branch is a dependent unit of the enterprise, responsible for performing all or part of the functions of the enterprise, including the function of an authorized representative. The branch’s line of business must be consistent with the business line of the enterprise. (Article 44 Enterprise Law 2020).

In this article, the legal consultants of HT INVESTMENT & IMMIGRATION CO., LTD will focus on analyzing and guiding the implementation of necessary steps to apply for a Branch Operation Registration Certificate in accordance with the provisions of the law.

1.The legal basis for establishing the Branch

Enterprise Law 2020, Articles 44, 45. Representative offices, branches, and business locations of enterprises

2. The papers and documents to be prepared to apply for a license to establish a branch

    • Notice of Branch operation registration
    • A copy of the establishment decision and a copy of the meeting minutes on the establishment of the branch of the enterprise;
    • A valid copy of the identity card/passport of the head of the Branch
    • Copy of Business Establishment License; Investment registration license (if any)

3. The application process for the Certificate of Operation Registration of the Branch

    • Dossier-receiving agency: Business Registration Office, Department of Planning and Investment where the branch is established
    • Number of records: 01 set
    • Time: 03 working days if the application is valid

Procedure for submitting applications

    1. Register online on the National Business Registration Portal and get a Receipt
    2. Submit the prepared paper application to the application-receiving place with the results of the previous online application

Result: Certificate of branch operation registration for enterprises

4. The Seal of the Branch

    • The enterprise decides on the type, quantity, form, and content of the branch’s seal.
    • The management and keeping of the seal shall comply with the provisions of the company’s charter or the regulations promulgated by the branch with the seal. Enterprises use seals in transactions as prescribed by law.

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for Brand Establishment service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Process of establishment of representative offices in Vietnam

htlaw - ESTABLISHMENT OF REPRESENTATIVE OFFICES IN VIETNAM
htlaw - ESTABLISHMENT OF REPRESENTATIVE OFFICES IN VIETNAM

A representative office is a dependent unit of the enterprise, which has the task of representing by authorization the interests of the enterprise and protecting those interests. Representative offices do not perform the business functions of enterprises. (Article 44 Enterprise Law 2020).

Thus, the main function of the Representative Office is to perform the duties of an authorized representative for the Enterprise. Depending on the purpose of the Enterprise when expanding its business activities, it is decided to establish a Representative Office or Branch or Business Location accordingly.

In this article, the legal consultants of HT INVESTMENT & IMMIGRATION CO., LTD will focus on analyzing and guiding the implementation of necessary steps to apply for a license to establish a Representative Office so that they can actually operate in accordance with the provisions of the law.

1.The legal basis for the establishment of a representative office

Enterprise Law 2020, Articles 44, 45, Representative offices

2. The papers and documents to be prepared to apply for a license to establish a representative office

1/ Notice of representative office registration

2/ A copy of the establishment decision and a copy of the meeting minutes on the establishment of the branch or representative office of the enterprise; copies of legal papers of the individual for the head of the branch or representative office

3/ A copy of the business establishment license; Investment registration license (if any)

3. The process of applying for a representative office establishment license

Dossier-receiving agency: Business Registration Office, Department of Planning and Investment, where the Representative Office is established

Number of records: 01 set

Time: 03 working days if the application is valid

Procedure for submitting applications

    1. Register online on the National Business Registration Portal and get a Receipt of Receipt
    2. Submit the prepared paper application to the application-receiving place with the results of the previous online application

Result: Certificate of operation registration of representative office for the enterprise

4. The seal of the Representative Office

Enterprises decide on the type of seal, quantity, form and content of the representative office’s seal.

The management and keeping of the seal shall comply with the provisions of the company’s charter or regulations promulgated by the representative office of the enterprise with the seal. Enterprises use seals in transactions as prescribed by law.

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

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Temporary Residence Card to visit Relatives (TT)

Vietnam TRC visit relative - htlaw

1. Application for Issuance Temporary Residence Card for foreigners who are Vietnamese spouses

    1. Notarized copy of Certificate of marriage registration in Vietnam or Consular legalization of Marriage Certificate in Vietnam for the case of marriage registration abroad.
    2. Application for guarantee and issuance of temporary residence card for foreigners (Form NA7)
    3. Application form for temporary residence card for foreigners (Form NA8)
    4. Original passport (passport valid for at least 13 months and visa to enter Vietnam for the right purpose)
    5. 02 photos 2cmx3cm
    6. Notarized copy of Vietnamese household registration book of spouse who is Vietnamese
    7. Notarized copy of ID card of spouse who is Vietnamese

2. Application for Issuance Temporary Residence Card for foreigners with Vietnamese parents

    1. Birth certificate or other documents proving that the father or mother is currently a Vietnamese citizen
    2. Application for guarantee and issuance of temporary residence card for foreigners (Form NA7)
    3. Application form for temporary residence card for foreigners (Form NA8)
    4. Original passport (passport valid for at least 13 months and visa to enter Vietnam for the right purpose)
    5. 02 photos 2cmx3cm
    6. Notarized copy of Vietnamese household registration book of parents who is Vietnamese
    7. Notarized copy of ID card of parents who is Vietnamese
Vietnam TRC visit relative - htlaw

3. Application for Issuance Temporary Residence Card for relatives of foreigners working in Vietnam:

    1. Certificate of operation of the enterprise or organization where the foreigner is working
    2. Certificate of registration of seal sample of the enterprise or organization where the foreigner is  working;
    3. Passport and temporary residence card of the guarantor (In case a temporary residence card has been issued);
    4. Registration of seal and signature samples for the first time at the Immigration Agency (Form NA16);
    5. Letter and application for temporary residence card for foreigners (Form NA6)
    6. Application form for temporary residence card for foreigners (Form NA8)
    7. A letter of introduction for Vietnamese employees to go through procedures to apply for a temporary residence card at the Immigration Office;
    8. Original passport and visa (passport valid for at least 13 months and visa to enter Vietnam for the right purpose)
    9. The certificate of temporary residence registration or the foreigner’s temporary residence registration book has been certified by the police of the ward or commune where the foreigner is temporarily residing in Vietnam.
    10. 02 portrait photos size 2cmx3cm
    11. Certificate of family relationship or certificate of marriage registration or birth certificate (for children sponsored by parents) 

4. Fee for Issuance of Temporary Residence Card

    • Temporary residence card valid for 01 year: 80 USD/1 card;
    • Temporary residence card valid from 01 to 2 years: 100 USD/card;

5. Procedure for Issuance of Temporary Residence Card

Step 1: Submit the application at the Office of the Immigration Department, Police of Province, City under The central Government.

After checking the dossier, the Immigration Department sends a receipt to the person submitting the application (Form NB7).

If the application is not valid, the application-receiving officer shall guide the applicant to complete the application. And you will need additional preparation to return to the Immigration Department’s office to reapply.

Step 2: Get Result

On the appointment date according to the appointment letter, you bring a receipt, ID or passport to present to the officer.

If there is a result of granting a temporary residence card, pay the fee, then sign to receive the result (is a temporary residence card issued or not).

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Temporary Residence Card for visiting Relative Service. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Set up a company in the fitness industry

fitness company in vietnam - htlaw

With increasing interest in health and physique nowadays, many foreign investors want to invest in the fitness industry in Vietnam.

The process to open a company in the fitness industry is as follows: 

1. Procedures for issuance of investment registration certificates

(For foreign investors only)

 Fitness business has not been committed in Vietnam’s WTO service commitments. Therefore, when conducting a project in Vietnam, investors must send a set of documents to the Ministry of Planning and Investment, the Ministry of Culture, Sports and Tourism for opinions and approval on fitness business with foreign investment.

With the approval of the Ministry, the foreign investor shall carry out the procedures for granting an investment registration certificate.

Time to carry out procedures for issuance of investment registration certificates: 10-15 working days

2. Procedures for issuance of business registration certificates

Time: 03 – 05 working days

fitness company in vietnam - htlaw

3. Procedures for granting a certificate of eligibility for sports business

Conditions to be granted a certificate of eligibility for sports business:

Having a team of professional officers and employees suitable to the contents of activities;

There are facilities and equipment to meet the requirements of sports activities

3.1. Professional staff requirements:

The professional staff of a sports business enterprise includes:

1. Sports training instructors must meet one of the following conditions:

      • Being a coach or athlete with a level 2 or higher or equivalent in accordance with business registration sports activities;
      • Possessing an intermediate or higher degree in physical training and sport relevant to the registered sport activities;
      • To receive professional training in sports according to the regulations of the Minister of Culture, Sports and Tourism.

2. Lifeguards.

3. Medical staff.

3.2. Facilities requirements: 

1. Practice location

      • The practice room has an area of at least 60 m2, the distance from the floor to the ceiling is at least 2.8 m, the training space must be well ventilated.
      •  The distance between training equipment is guaranteed from 10cm to 30cm;
      • Light from 150 lux or more;
      • Sound system in good working condition;
      • There is a toilet, changing area, and a place to store personal belongings for practitioners; have a first aid bag as prescribed by the Ministry of Health;

The rules include the following main contents: Training time, participants in exercise, subjects not allowed to participate in training, measures to ensure safety during exercise.

  2. Training equipment must comply with the provisions of Circular 10/2018 of the Ministry of Culture, Sports and Tourism.

Above is HT’s advice on setting up a company in the gym business.

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HTLaw for Set up a gym center service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454
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APEC BUSINESS TRAVEL CARD

1. What is APEC business travel card (ATBC)?

According to the consular portal of the Ministry of Foreign Affairs, the APEC card (or APEC business card, ABTC card) is a document issued by the competent authority of the country and territory participating in the APEC business card program grants its businessmen to facilitate travel 

    • carry out business, trade, investment and service cooperation activities;
    • attend conferences, seminars, and other economic purposes in the countries and territories of APEC participating in the Program.

ABTC cardholders, when entering or exiting the countries and territories listed in the card, do not need a visa of those countries and territories.

2. How long is the ABTC valid for?

According to the latest regulations on issuance of APEC cards, the APEC card is valid for 5 years from the date of issue (previously, the APEC card was valid for 3 years).

The APEC business card is not renewable upon expiration. That is, when the APEC card expires if there is still a need to travel within the APEC bloc and are still eligible to be issued a card, the businessman needs to go through the procedures to apply for a new APEC card.

3. Benefits of APEC Card (ABTC)

Entrepreneurs owning an APEC card will have the following benefits:

    • Being exempted from entry visas to the countries printed on the back of the APEC card, thus reducing the time required to apply for an entry visa as well as extending the visa if you want to stay longer than the allowed visa period.
    • There is no limit to the number of visa-free entries to those countries during the validity of the card.
    • Priority entry procedures to these countries access to separate gates for business people with ABTC cards (APEC),
    • Stay in APEC countries from 60 to 90 days,
    • Business people with APEC cards will easily apply for visas from developed countries that are not in APEC such as the UK, or countries that are in APEC but have not participated in the APEC business travel card program such as the US and Canada.

4. Which countries are exempt from visa for APEC cards?

The APEC card is also known as the 19-country APEC card because the holder of this card can be exempted from visa to 19 APEC countries, except the US and Canada. As follows:

However, which countries your APEC card can go to depends on the list of countries printed on the back of your card.

4. Subjects granted APEC card ​

According to  Decision No. 54/2015/QD-TTg   of the Prime Minister amending and supplementing a number of articles of the Regulation on issuance and management of APEC business travel cards issued together with Decision No. 45/2006 /QD-TTg e Regulations on the issue of APEC cards, the following subjects are considered for issuance of APEC business cards:

1. Vietnamese entrepreneurs are working in state-owned enterprises, including:

    • The Chairman of the Members’ Council, the President of the company, the General Director of the Corporation shall be appointed by the Prime Minister;
    • Members of the Members’ Council; General Director, Deputy General Director; Directors, deputy directors of enterprises, industrial parks, export processing zones and economic zones; Directors, deputy directors of banks or bank branches;
    • Chief accountant, Head, Deputy Head of Departments of enterprises, industrial parks, export processing zones, economic zones, banks; Head of a branch of an enterprise or a bank branch.

2. Vietnamese entrepreneurs are working at enterprises legally established in accordance with Vietnamese law

    • The owner of a private enterprise, the chairman of the Members’ Council, a member of the Members’ Council, the chairman of the Board of Directors, a member of the Board of Directors, the general director or director of the company;
    • Chairman of the Board of Directors, members of the Board of Directors, Director or General Director of the cooperative or union of cooperatives;
    • Chief Accountant, Head of Department in enterprises; Heads of branches of enterprises and other equivalent titles.

3. Cadres, civil servants, and public employees are responsible for participating in APEC activities

    • Ministers, Deputy Ministers, Heads of ministerial-level agencies, Governmental agencies, Presidents and Vice Presidents of People’s Committees of provinces and centrally-run cities have the duty to attend meetings and conferences. and activities on cooperation and economic development of APEC;
    • Cadres, civil servants, and public employees have the duty to attend meetings, conferences, seminars and other activities of APEC;
    • Chief representative, deputy representative of Vietnam’s trade representative offices in APEC member countries and territories.

5. Conditions for granting APEC card

Also according to Decision No. 54/2015/QD-TTg, businessmen belonging to the target group to be considered for an APEC card must fully meet the following conditions to be granted an APEC card before they can apply for an APEC card. :

    • Entrepreneurs applying for APEC cards must be at least 18 years old; not have restricted civil act capacity or have not lost civil act capacity.
    • Passport of the businessman applying for an APEC card is valid for at least 12 months.
    • Entrepreneurs working at enterprises with business, trade, investment, and service cooperation activities with partners in member economies participating in ABTC cards are represented through business contracts, economic, commercial, investment projects, and specific service contracts.
    • Entrepreneurs working in enterprises are represented by labor contracts, decisions on the appointment of positions, and full participation in social insurance contributions at the enterprises they are working for.
    • Not falling into the cases that have not yet been allowed to leave the country specified in Article 10 of the Regulation promulgated together with the Prime Minister’s Decision No. 45/2006/QD-TTg dated February 28, 2006 on the issuance and management of travel cards. from APEC businessmen.
    • Entrepreneurs working at businesses that have been operating for 06 (six) months or more.
    • Entrepreneurs are working at enterprises that well comply with the laws on trade, tax, customs, labor, and social insurance.

6. Procedures for applying for an APEC card

The process of making an APEC card will have to go through two stages, including:

    • Apply for written permission to use the ABTC card from the competent authority
    • Apply for an APEC card.

6.1 Guidance on procedures for applying for a written authorization to use the APEC card from the competent authority

In this step, businesses will need to perform 2 steps as follows:

Step 1. Prepare documents

Dossier to apply for an official letter of permission to use the APEC card includes:

    1. The written request of the enterprise, signed and stamped by the legal representative of the enterprise (according to the form);
    2. Joint venture contract, business cooperation contract, service provision contract or other import-export documents (L/C, bill of lading, customs declaration, payment invoice) within 01 year up to the time of applying for ABTC cards with partners of APEC member economies participating in the ABTC card program (attach the originals of the above documents for comparison). If the documents are in a foreign language, the Vietnamese translation must be attached;
    3. Certificate of business registration/investment certificate (the latest certification);
    4. Passport Original and 3 copies (latest certified) on all sides with contents.
    5. A copy of the decision on the appointment of a position with more than 1 year of holding the position, Minutes of the meeting on appointment of a position with more than 1 year of holding the position;
    6. Certificate of social insurance (according to the form);
    7. Copy of Labor Contract (Indefinite term labor contract for more than 1 year in charge of the position);

For officials and employees, the application file for permission to use the APEC card will include:

    1. A written request for permission to use the ABTC card from a ministry, department, department or branch.
    2. Certified copy of the decision of the competent authority to send to participate in APEC activities.
    3. Certified copy of Personal Passport for permission to use ABTC card.

Step 2. Submit application

After preparing the dossier, the enterprise will submit the application to one of the following authorities to apply for permission to use the APEC card:

    1. Department of Planning and Investment or Department of Foreign Affairs (for other businesses not in the cases below).
    2. Management Board of Export Processing Zones and Industry (for entrepreneurs of enterprises operating in industrial parks – export processing zones).
    3. Hi-Tech Park Management Board (for entrepreneurs of enterprises operating in the Hi-Tech Park).
    4. Urban Area Management Board (for entrepreneurs of businesses operating in the Special Urban Area).

After obtaining the written permission to use the ABTC card, the enterprise will continue to carry out process 2 to obtain the APEC card.

6.2. Procedure to apply for official APEC card

In this process, the entrepreneur will need to take 3 steps.

Step 1. Prepare documents to apply for an official APEC card, including:

    1. 01 application for issuance and re-issuance of ABTCs (Form X05), certified and enclosed with a photo of the head of the enterprise or the agency directly managing the entrepreneur.
    2. 02 photos of size 3cm x 4cm, recently taken, white background, bare head, face looking straight ahead, without colored glasses (01 photo glued to the declaration, 01 photo to leave).
    3. Document permitting the use of ABTC issued by competent authorities:
      – A document from the Prime Minister (if a businessman is appointed to a position or directly managed by the Prime Minister), or
      – A document from the head of a ministerial-level agency (if he is an entrepreneur appointed to a position by the head of a ministerial-level agency or is an entrepreneur working at an enterprise established or directly managed by a ministerial-level agency). ), or
      – A document from the Chairman of the Provincial People’s Committee if he is an entrepreneur appointed to a position by the President of the Provincial People’s Committee or is an entrepreneur working at an enterprise established by the decision of the Provincial People’s Committee. or directly managed.

Step 2. Apply for an APEC card at the Immigration Department, Ministry of Public Security

In this step, the businessman will bring the dossier to the receiving and returning department at the Immigration Department of the Ministry of Public Security to submit the dossier. The specific addresses of the Immigration Department in Hanoi, Ho Chi Minh City and Da Nang are as follows:

    • Hanoi: 44-46 Tran Phu Street, Ba Dinh District, Hanoi
    • Ho Chi Minh City: 333-335-337 Nguyen Trai Street, District 1, City. Ho Chi Minh
    • Da Nang: No. 7 Tran Quy Cap, Da Nang City

Note: * When submitting the application for ABTC card, the businessman must present a valid passport. In case the agency or enterprise appoints another officer or employee to submit the application file and receive the card on behalf of the businessman, such officer or employee must present a letter of introduction from the agency or enterprise, his/her identity card or his/her citizen identification card and the ABTC card’s applicant’s passport.

At that time, the staff receiving the application will check the legality and content of the file:

    • If the application is complete and valid, the receiving officer will write a receipt to give it to the submitter and request the payment of the fee. The toll collector will write a receipt and hand over the receipt and the receipt to the applicant.
    • If the application is missing or invalid, the applicant will be given additional instructions.
      Time to receive applications:

From Monday to Saturday every week (holiday).

Step 3: Receive ABTC at the Immigration Department of the Ministry of Public Security:

On the appointment day, the businessman goes to the Immigration Department to receive the APEC card. Upon arrival, the businessman needs to present the receipt and the collection receipt for comparison. The officer returning the results will then check and ask the business to sign for it, then return the APEC card to the recipient.

Time to return results: From Monday to Saturday every week (holiday).

Above is the entire process of applying for an APEC card for business people in Vietnam. This entire process will take approximately 31 working days (not including preparation time).

7. Note when using APEC card ​

    • When using the APEC card, business people should enter the country for the right business purposes as prescribed. Thus, entrepreneurs need to have working addresses of partner agencies and business contracts.
    • On the other hand, when asked about the purpose of entry, business people need to answer that they are entering for business purposes.
    • Business people should stay within the allowed period of stay under the APEC card. If you want to stay longer, you should inquire about an extension of your temporary stay. If you overstay and do not renew, your APEC card may be confiscated and deported from that country.

8. Responsibilities of businesses whose business people are granted APEC cards

After an entrepreneur is granted an APEC card, an enterprise must always remember to fulfill the following responsibilities on time:

    • Annually (by December 31 at the latest) must report on the use of ABTCs by business people of their own enterprises, including the contents promulgated together with the Regulation on the issue and management of APEC cards. Enterprises must be solely responsible for the accuracy of the information declared in the report and commit to strictly abide by the laws and regulations of APEC member countries and territories applicable to the carrier ABTC card. If the enterprise does not report or does not report on time, it is considered as a violation of the regulations and the businessmen in the enterprise will be submitted by the competent authorities where the enterprise submits the application for permission to use the ABTC card. The People’s Committee of the city shall issue a decision and notify the Immigration Department of the ABTC card that is no longer valid.
    • For businessmen of enterprises who have changed jobs, stopped holding positions or have quit their jobs, the enterprises must retain the APEC card and immediately report to the competent authorities where the enterprises submit their application documents. permit the use of ABTC cards to report to the City People’s Committee for a decision that the card is no longer valid, contact and return the issued card to the businessman to the Immigration Department – Ministry of Public Security to manage .
      In case the enterprise is found to introduce the wrong person the enterprise or the person of the enterprise but not in accordance with the criteria and conditions for considering the use of ABTCs, the legal representative of the enterprise and the Businessmen who are asked to allow the use of their cards will be submitted to the City People’s Committee for decision and notified by the competent authorities where the business is located. Immigration management about the ABTC card is no longer valid for use and subject to other legal sanctions.

Owning an APEC card is indeed very convenient for international businessmen. If this time is not suitable for you to apply for an ABTC, or you are waiting for an ABTC, you can contact HT for business visa service.

To save time learning about the law, filling the form, preparing the dossier, you can contact HT for Making ABTC service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Citizens of 13 countries are exempted from visa to enter Vietnam

Resolution No. 32/NQ-CP dated March 15, 2022 exempting visas for citizens of the 13 countries

From March 15, 2022 to the end of March 14, 2025, the citizens of the 13 following countries are exempted visas for entering Vietnam with a temporary stay period of 15 days from the date of entry, distinguish the type of passport, the purpose of entry, on the basis of satisfying all the conditions as prescribed by the law of Vietnam.

If the foreigner you invite to enter is not a citizen of the above 13 countries, or the foreigner is a citizen of the above 13 countries but needs to stay longer than 15 days, you can contact HT for  Vietnam visa.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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NEW POINT ON MATERNITY BENEFITS FOR EMPLOYEES IN VIETNAM

According to the latest Circular No 06/2021/TT-BLDTBXH issued on July 7th, 2021, the Ministry of Labor, War Invalids and Social Affairs amended detailed regulations and guidance for the implementation of a number of articles of the law regarding social insurance. In particular, there are three notable new points about maternity benefits for male and female workers as follows:

(i) Clarifying
the case of receiving a one-time allowance upon childbirth for male workers

According
to Clause 5, Article 1 of Circular 06/2021/TT-BLDTBXH, Point c, Clause 2,
Article 9 of Circular 59/2015/TT-BLDTBXH is amended as follows: “In cases where
the mother participates in social insurance and she is not eligible for
benefits but the father meets all the conditions specified at Point a, Clause
2, Article 9 of Circular 59/2015/TT-BLDTBXH at the time of childbirth, the
father is entitled to a one-time allowance upon childbirth according to Article
38 of the Law on Social Insurance.”

The Regulation
at Point a, Clause 2, Article 9 of Circular 59/2015/TT-BLDTTXH, states, “in
case only the father participates in social insurance, the father must fully
pay the social insurance premiums at least 06 months within 12 months before childbirth.”

Previously,
male workers were only entitled to a one-time allowance when their wives did
not participate in social insurance. When the new regulations take effect, male
workers will be entitled to a one-time allowance even if both the husband and
wife participate in compulsory social insurance but the wife is not eligible
for maternity benefits.

(ii) Male
workers are entitled to maternity leave

From
September 1st, 2021, male workers may take maternity leave according
to the  provisions of Clause 2, Article
34 of the Law on Social Insurance. In case of multiple leave, the most recent leave
taken must still be within 30 days from the date of childbirth and the total
period of maternity leave must not exceed the prescribed time.

Therefore,
the period of maternity leave for male workers who are paying social insurance
can be divided into several flexible times within the first 30 days after the
date of childbirth, as follows:

a/ 5 working days;

b/ 7 working days, in case their wives
undergo a surgical birth or give birth to children before 32 weeks of
pregnancy;

c/ 10 working days, in case their wives
give birth to twins; or additional 3 working days for each infant after the
second;

d/ 14 working days, in case their wives
give birth to twins or more infants and underwent an operation during childbirth.

(iii)
Twin pregnancy is entitled to maternity benefits according the number of
children born

This
new regulation helps female workers receive additional benefits when having a
dead or stillborn child.

Specifically,
Clause 6, Article 1 Circular 06/2021/TT-BLDTBXH, Clause 3, Article 10 of
Circular 59/2015/TT-BLDTBXH has been amended as follows: “In case a female
employee is pregnant with twins or more, then her children die before birth or
are stillborn, the period of maternity leave and allowance upon childbirth and
the one-time allowance upon childbirth shall be calculated according to the
number of children born, including all stillborn and dead children.”

Thus, the previous regulation on pregnant employees with twins whose children die before birth or are stillborn, dispensing maternity benefits according to the surviving children, has been amended in the new circular. Employees who are pregnant with twins whose children die or are stillborn can receive maternity benefits based on the number of children born, including stillbirths and deaths.

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

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INVESTMENT INCENTIVE POLICIES

Vietnam is gradually becoming a potential market for foreign investors. Therefore, from January 1, 2021, the Vietnamese government has issued more investment incentive policies to attract foreign investment. HT would like to summarize investment incentives and support policies effective from January 1, 2021 below:

1. Forms of investment incentives:

  • Corporate income tax incentives, including application of a lower rate of corporate income tax for a certain period of time or throughout the investment project execution; exemption from and reduction of tax and other incentives prescribed by the Law on Corporate Income Tax.
  • Exemption from import tax on goods imported to form fixed assets; raw materials, supplies and components for manufacturing purposes in accordance with regulations of law on import and export tax;
  • Exemption from and reduction of land levy and land rents;
  • Accelerated depreciation, increasing the deductible expenses upon calculation of taxable income.

2. Entities eligible for investment incentives:

  • Investment projects in business lines eligible for investment incentives or business lines eligible for special investment incentives specified in Appendix II of Notice 31/2021/ND-CP.
  • Investment projects located in disadvantaged or extremely disadvantaged areas specified in the Appendix III of Notice 31/2021/ND-CP.
  • Any investment project whose capital is at least VND 6,000 billion eligible for investment incentives as prescribed in Point c Clause 2 Article 15 of the Law on Investment if the following conditions are met:

a) At least VND 6,000 billion is disbursed within 03 years from the issuance date of the investment registration certificate or the decision on approval for both investment guidelines and investor (for the project not required to obtain the investment registration certificate) or the decision on investor approval (for the project not required to obtain the investment registration certificate);

b) The total revenue is at least VND 10,000 billion per year within 03 years from the year in which the revenue is earned or the project has an annual average number of at least 3,000 employees in accordance with regulations of law on labor 03 years within 03 years from the year in which the revenue is earned;

  • The investment projects eligible for investment incentives specified in Point d Clause 2 Article 15 of the Law on Investment include:

a) Projects on investment in construction of social housing in accordance with regulations of law on housing;

b) Investment projects located in rural areas and employing at least 500 employees per year in accordance with regulations of law on labor (excluding employees who work on a part-time basis and employees who sign employment contracts with a fixed term of under 12 months);

c) Investment projects employing persons with disabilities accounting for at least 30% of the annual average number of employees in accordance with regulations of law on persons with disabilities and on labor.

  • Hi-tech enterprises, science and technology enterprises and science and technology organizations; projects involving transfer of technologies on the List of technologies the transfer of which is encouraged; science and technology enterprise incubators; enterprises manufacturing and providing technologies, equipment, products and services with a view to satisfaction of environment protection requirements which are eligible for investment incentives as prescribed in Point dd Clause 2 Article 15 of the Law on Investment are enterprises, organizations, facilities and investment projects that satisfy the conditions prescribed by the law on science and technology; high technology; technology transfer; environmental protection.
  • Objects eligible for investment incentives specified in Point e Clause 2 Article 15 of the Law on Investment include:

a) The National Innovation Center established under the Prime Minister’s decision;

b) Other innovation centers established by agencies, organizations and individuals so as to assist in executing start-up projects, establishing startups and promoting innovation, research and development in the centers which satisfy the conditions set forth in Clause 7 of this Article;

c) Start-up projects specified in Clause 8 of this Article;

d) Projects on establishment of research and development centers.

  • An innovation center specified in Point b Clause 6 of this Article will be eligible for investment incentives if it:

a) exercises the functions of supporting, developing and connecting startups with the startup ecosystem;

b) has several technical infrastructure items to serve the support, development and connection of the startup ecosystem, including laboratories, trial production and technology commercialization laboratories assisting enterprises in development of sample products; has infrastructure serving technical equipment installation to ensure one or more activities for enterprises to design, test, measure, analyze, inspect and test products, goods and materials; has information technology infrastructure assisting enterprises and space for organizing events, exhibiting and demonstrating start-up technologies and products;

c) has managerial professionals to provide assistance, development and connection services for enterprises operating in the center; has a network of experts and providers of assistance, development and connection services.

  • The start-up project specified in Point c Clause 6 of this Article is one of the following projects:

a) Projects on manufacturing of products created from inventions, utility solutions, industrial designs, semiconductor integrated circuits layout-designs, computer software, applications on mobile phones, cloud computing; production of new livestock breed or line, new plant varieties, new aquatic breeds, new forest tree cultivars; technological advances which have been granted protection certificates in accordance with regulations of law on intellectual property or copyrights or international registration certificates in accordance with regulations of international treaties to which Vietnam is a signatory or recognized by competent authorities;

b) Projects on manufacturing of products obtained from projects on trial production, sample products and technology completion; manufacturing of products given awards at start-up competitions, national start-up competitions, scientific and technological awards in accordance with regulations of law on scientific and technological awards;

c) Projects of enterprises operating in innovation centers and research and development centers;

d) Projects on manufacturing of culture industry products formed from copyrights or copyright-related rights that have been granted protection certificates in accordance with regulations of law on intellectual property or international registration certificates in accordance with regulations of international treaties to which Vietnam is a signatory.

  • Small and medium-sized enterprises’ product distribution chain eligible for investment incentives as specified in Point g Clause 2 Article 15 of the Law on Investment means a network of intermediaries that distribute products of such small and medium-sized enterprises (SMEs) to consumers and meet the following conditions:

a) At least 80% of enterprises joining the chain are small and medium-sized enterprises;

b) There are at least 10 places for distribution of goods to consumers;

c) At least 50% of revenue of the chain are generated by SEMS joining the chain.

  • SME incubators; technical establishments supporting SMEs; co-working spaces supporting start-up SMEs eligible for investment incentives as specified in Point g Clause 2 Article 15 of the Law on Investment are those established in accordance with regulations of law on provision of assistance for SMEs.

3. Procedures for applying investment incentives

Investors carry out the procedures for applying incentives according to the provisions of law in Article 17 of the Investment Law 2020, Articles 19 and 24 of Decree 31/2021/ND-CP.

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

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NEW REGULATIONS ON WORK PERMITS FOR FOREIGNERS MARRIED TO VIETNAMESE AND LIVING IN VIETNAM

According to the latest regulations in Decree 152/2020 (effective from February 15, 2021), foreign workers who are married to Vietnamese and currently living in Vietnam fall under the following conditions: Foreign workers exempt from work permits.

However, there is a benefit, in this case, the foreign employer shall determine the demand for foreign workers and only has to carry out procedures for reporting the use of foreign workers to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work without having to apply for exempting from work permits.

HT would like to summarize the steps to be taken to help readers better understand this regulation.

Step 1: The procedure to determine the demand for foreign workers

Time: 07 working days

Place to apply: Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work

Step 2: Reporting the use of foreign workers to Department of Labor, War Invalids and Social Affairs

1. The report under Clause 2, Article 8 of Decree 152/2020/ND-CP includes the following information: full name, age, nationality, passport number, name of employer, starting date, and completion date;

2. A notarized copy of the passport of foreign worker;

3. A notarized copy of the enterprise registration certificate of company where the foreign worker is expected to work;

4. A notarized copy of marriage certificate;

5. Power of attorney (if any).

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

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EXEMPTION WORK PERMIT FOR FOREIGN INVESTORS IN VIETNAM

Since Decree 152/2020/ND-CP regulating foreign workers working in Vietnam took effect on February 15, 2021, a number of new regulations on foreign workers have been added, in which the owner or capital contributor of the limited liability company, with a capital contribution value of at least 3 (three) billion VND, only has to carry out procedures for reporting the use of foreign workers to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work without having to apply for the certification of exemption to employ foreign workers who are exempt from work permit according to the provisions of Clause 2, Article 8 of Decree 152/2020/ND-CP.

The
following are dossiers for
reporting the use of foreign workers who are the owners or
capital contributors of a limited liability company with a capital
contribution value of at least 3 (three) billion VND submit to the Department
of Labor, War Invalids and Social that HT has summarized to help readers better
understand this regulation.

  1. The report under Clause 2, Article 8 of Decree 152/2020/ND-CP includes the following information: full name, age, nationality, passport number, name of employer, starting date, and completion date.
  2. A notarized copy of the passport of the owner or capital contributor of the limited liability company.
  3. A notarozied copy of the investment registration certificate of the company of which the employee is the owner or capital contributor.
  4. A notarized copy of the enterprise registration certificate of the company of which the
    employee is the owner or capital contributor.
  5. Authorization letter (if any).

It will be done within 05 working days since submitting enough documents.

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

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How to get a valid Vietnamese passport?

Procedure to get vietnam passport - htlaw

Today, HT would like to mention a case relating to the application for Vietnamese citizens, which HT just receives to carry out and take care. Specifically, our client who is of Vietnamese origin with foreign nationality, then now wants to live here as a Vietnamese citizen. Following are indispensable procedures based on Vietnamese law to get the Vietnamese nationality and Vietnamese passport that be advised by HT: 

I. Legal documents

    • Law on Vietnamese nationality
    • Residence Law
    • Decision No. 1217/QĐ-BTP of the Ministry of Justice 
Procedure to get vietnam passport - htlaw

II. Procedures

To get a certificate of Vietnamese nationality and passport, our client should follow the steps below:

Step 1: Obtain a Vietnamese citizenship certificate from the Department of Justice

First of all, The Applicant completes the dossier and submit it directly to the Department of Justice’s Receiving and returning Section.

The dossier includes:

Case 1: For cases where there are papers proving nationality:

    1. Declaration of Vietnamese nationality (form) with 02 photos 04cm x 06cm;
    2. The notarized copies of ID card, passport, or substitute documents; A copy enclosed with the original for comparison/notarized copies of one of the documents proving Vietnamese nationality specified in Article 11 of the Law on Vietnamese Nationality 2008/similar documents previously issued by the former government grant, even the birth certificate in which no nationality or nationality section is blank with the Vietnamese full name was written (name of the Applicant, full name The Applicant’s father and mother);

Case 2: For cases without documents proving nationality:

    1. Declaration of Vietnamese nationality (form) with 02 photos 04cm x 06cm;
    2. The notarized copies of ID card, passport, or substitute documents;
    3. A curriculum vitae and other documents for nationality verification, including Copies of ID card, civil status, and nationality of grandparents, parents, sibling intestines, and children; copies of documents with contents related to the nationality of the involved parties, granted by the old regime before April 30, 1975; a copy of the document on which the Vietnamese nationality or Vietnamese nationality issued by foreign competent agencies.

Officers receive the dossier at the Receiving Section and return the results of checking the validity and completeness of the dossier. In case the application file is not complete and valid, supplementary guidance will be provided once. In case the dossier is complete and valid, the officer will receive the file, write an appointment slip to return the result to the citizen, and transfer the file to the specialized department within the same day for processing according to regulations.

Department of Justice researches and verifies the records (in case of further verification, the Department of Justice sends a written request to the Ministry of Justice and the City Police for verification) and returns result to the Applicant.

Step 2: Register name in the household book of any Vietnamese family such as a relative person or friends at Police Department.

The applicant complies with the procedures and dossiers of the state agency of the Democratic Republic of Vietnam

Note: According to the updated Residence law No. 68/2020/QH14 on 1st July 2021, the government will not require Vietnamese citizens to register the household book anymore. But Vietnamese citizens still register a permanent residence/temporary residence where he or she is living. Before this regulation takes effect practically, people who need to be issued a citizen’s identity card, have to name on household book.

Step 3: Apply for the ID card at the Police Office

Bring the household book to the police office where the household registration is located and follow the procedures of the state agency of the Democratic Republic of Vietnam.

Step 4: Apply for a Vietnamese passport at Immigration Department.

Bring the ID card and household book to the Immigration Department and follow the procedures of the state agency of the Socialist Republic of Vietnam.

To save time learning about the law, you can contact HT for Vietnam passport services. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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How to apply for Vietnamese citizenship but still keep foreign citizenship?

How to apply vietnam citizenship - htlaw
How to apply vietnam citizenship - htlaw

Recently, HTLaw received a question from a French of Vietnamese origin who wants to be naturalized in Vietnam but still wants to keep the French nationality. Specifically, this customer, whose father is French, mother is Vietnamese, after one year of living in Vietnam, intends to naturalize Vietnam.

To answer this question, HT based on the provisions of Vietnamese law on naturalization of
foreigners and gave the following legal opinions:

-According to Clause 2, Article 16 of the Law on Vietnamese Nationality 24/2008/QH12 “A child either of whose parents is a Vietnamese citizen at the time of his/her birth and the other is a foreign national has the Vietnamese nationality if so agreed in writing by his/her parents at the
time of birth registration.”

Therefore, after checking the birth certificate registered in France, we found that there is no
written agreement or content of agreement between the customer’s parents about the child keeping Vietnamese nationality.

 -According to Article 9 of Decree No. 16/2020/ND-CP stipulating Special cases of naturalization of Vietnamese nationality and retention of foreign nationality as specified in Clause 3 Article 19 of Law on Vietnamese Nationality , in order to be considered this special case, the following conditions must be met:

1. He/she satisfies the conditions for naturalization of Vietnamese nationality according to Law of Vietnamese Nationality.

2. He/she has made meritorious contribution to Vietnam’s national construction and defense and the naturalization of Vietnamese nationality with retention of foreign nationality is beneficial to
the Government of Socialist Republic of Vietnam.

3. Retention of his/her foreign nationality upon naturalization of Vietnamese nationality is satisfactory to regulations and law of said foreign country.

4. Renunciation of foreign nationality leads to impacts on his/her rights and benefits in the foreign country.

5. He/she does not utilize foreign nationality to harm legal rights and benefits of agencies, organizations and individuals; harm national security and benefits, social order and safety of the Government of Socialist Republic of Vietnam.

Note: In order to explain Clause 2 about a person with special meritorious services, this person must be a recipient of Orders, Medals and other noble titles of the Democratic Republic of Vietnam, Provisional Revolutionary Government of the Republic of South Vietnam, the State of the Socialist Republic of Vietnam or certified by a competent Vietnamese agency or organization for such special labor.

Based on the above provisions, the client’s dossier is deemed not to meet the conditions to retain French nationality if the application for naturalization is submitted in Vietnam (unless there is a written verification of the agreement between customer’s parents about keeping the Vietnamese nationality at the time of making the birth certificate.)

Therefore, the conclusion of HT Immigration & Investment Company is that customers cannot have dual French-Vietnamese citizenship at the same time.

To save time learning about the law, you can contact HT for Apply for Vietnam citizenship services. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Administrative penalties for foreign workers without work permit

ADMINISTRATIVE PENALTIES FOR FOREIGN WORKERS WITHOUT WORK PERMIT - htlaw

According to Article 151 of the Labor Code 2019, a work permit is one of the conditions for foreign workers to work legally in Vietnam. In order to improve compliance with the law, Decree 28/2020 regulated administrative penalties for foreign workers without work permit or exemption of work permit.

I. The conditions of foreign workers in Vietnam

A foreign employee means a person who has a foreign nationality and:

a) is at last 18 years of age and has full legal capacity;

b) has qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health;

c) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;

d) has a work permit granted by a competent authority of Vietnam or the exemption of a work permit.

Therefore, the work permit or the exemption of work permit is an important legal document that proves the legality of relations between foreign employees and their employers.

ADMINISTRATIVE PENALTIES FOR FOREIGN WORKERS WITHOUT WORK PERMIT - htlaw

II. Administrative penalties for foreign workers without work permit or exemption of work permit

By clause 3, Article 31, Decree 28/2020, the Main penalties :

Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on any foreign worker in Vietnam that commits one of the following violations:

a) Accepting job offers without holding work permits or without written confirmations of their exemption from work permit requirements as required by law;

b) Using work permits or written confirmations of their exemption from work permit requirements that have already become null and void.

By clause 5, Article 31, Decree 28/2020, Supplemental penalties

Deporting any foreign worker without work permits or written confirmations of exemption from work permit requirements commits the violations specified in clause 3 of this Article while working in Vietnam.

By clause 4, Article 31, Decree 28/2020

Fines shall be imposed on any employer that employs foreign workers to work in Vietnam without work permits or written confirmations of their exemption from work permit requirements, or employs foreign workers holding expired work permits or written confirmations of exemption from work permit requirements already null or void at one of the following rates:

a) Fines ranging from VND 30,000,000 to VND 45,000,000 to be imposed if the violation involves 01 – 10 workers;

b) Fines ranging from VND 45,000,000 to VND 60,000,000 to be imposed if the violation involves 11 – 20 workers;

c) Fines ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 21 or more workers.

In conclusion, to comply strictly with the Labor code, employers and foreign employees must meet full requirements by law before signing labor contracts.

In order not to be penalized for not having a work permit and save time to learn the procedures, fill out the form, notarize, wait for the application to be submitted, you can contact HT for Work permit service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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The work permit of foreign investors in Vietnam

THE WORK PERMIT OF FOREIGN INVESTORS IN VIETNAM - htlaw

The current Labor Code 2019 has change in the regulations of work permit for foreign investors in Vietnam. Therefore, HT will summarize the regulations’ work permits for foreign investors according to the Labor Code 2019.

1. Determination of demand for foreign workers

At least 30 days before the date on which foreign workers are expected to be employed, the employer (except the contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids, and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work, using Form No. 01/PLI Appendix I hereto appended.

After submitting the dossier successfully, the Department of Labor, War Invalids, and Social Affairs will issue an acceptance of the demand for foreign workers. Then, the employee will continue to perform Step 2 below.

The required documents:

1. Notarized copies of the passport of the Client

2. The form determination of demand for foreign workers

Estimated Schedule:

It will be done within 07 working days after submitting enough documents.

THE WORK PERMIT OF FOREIGN INVESTORS IN VIETNAM - htlaw

2. Confirming whether the investor is eligible for a Work Permit or not?

Case 1: Investors set up the company with a capital contribution value of at least 3 billion dong.

By Article 7 Decree 152/2020, the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong; or the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong is exempt from a work permit.

The validity period of certification of exemption from a work permit is up to 2 years and coincides with the validity period of any case as prescribed in Article 10 Decree 152/2020. If a certification of exemption from work permit is re-issued, the corresponding validity period is up to 2 years. See detailed application for Work Permit Exemption here.

Case 2: Investors set up the company with a capital contribution value of under 3 billion dong.

By Article 7 Decree 152/2020, the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong; or the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong is exempt from a work permit.

Therefore, the owner or capital contributor with a capital contribution value under 3 billion dong must apply for the work permit.

3. Dossier for issuance of a work permit

The required documents:

1. An original Health certificate

2. A letter of experience was issued by a foreign company oversea for at least 3 years (please make legalization in advance)

3. An original Criminal record

4. An original passport (will keep 01 day when HT apply a dossier in the labor department)

5. Notarized copies of passport

6. Notarized copies of ERC of the company where the foreigner is working

7. Color photos (4cm x 6cm size, white background, wear a shirt, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

Estimated Schedule: It will be done within 05 working days after submitting enough documents.

In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit service. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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The procedure of establishing a foreign jewelry

Set up a foreign jewelry company in Vietnam

Are you passionate about fashion and gemstone jewelry?

Are you a foreign investor wishing to invest in Vietnam to trade gemstone jewelry?

Have you find the best way to run your business in Vietnam effectively and legally?

According to the Vietnam regulations, you need a business location in Vietnam and below licenses in order to establish a company to import, export, wholesale and trade jewelry with gold, silver and precious stones:

1. The Investment Registration Certificate;

2. The Enterprise Registration Certificate;

3. The Business License;

4. The Retail License (if applicable);

5. Written confirmation of fire prevention and fighting.

I. The Investment Registration Certificate (IRC)

According to the WTO Commitments Schedule, from January 11 2010, there are no more extended restrictions on distributing products that are allowed to be distributed (as long as the products are allowed to be manufactured in Vietnam). Thus, import, export and retail jewelry with gold, silver and precious stones belong to Wholesale services (CPC 622), Retail services (CPC 631 + 632).

Based on The Law of Investment 2020, Foreign investors are allowed to establish companies with 100% foreign capital to import, export, wholesale and retail jewelry with gold, silver, and precious stones.

Estimated Schedule for obtaining the Investment Registration Certificate: It will be done within 15 – 20 working days since the date of submitting.

II. Application for an Enterprise Registration Certificate (ERC)

Enterprise Registration Certificate is a document recording information about business
registration that the business registration office issues to an enterprise.

Estimated Schedule for obtaining the Enterprise Registration Certificate: It will be done within 5 – 7 working days from the day since the date of submitting.

III. The Business License

The foreign investors and foreign-invested business entities, and other entities involved in the sale of goods and other related activities of foreign investors and foreign-invested business entities in Vietnam must apply for the Business License before retailing the products in Vietnam.

By Article 9, the Decree 09/2018/NĐ-CP, Conditions for issuing business license:

1. A foreign investor from a country or territory which has acceded to a treaty to which Vietnam is a signatory and under which Vietnam has committed to open its market for sale of goods and other related activities shall:

a) Meet market access conditions prescribed in international treaties to which Vietnam is a signatory;

b) Acquire a financial plan deemed qualified to apply for a business license;

c) Incur no overdue tax in a case where it has been established in Vietnam for at least 1 year.

2. A foreign investor not from a country or territory which has acceded to a treaty to which Vietnam is a signatory shall:

a) Meet conditions prescribed in Points b and c Clause 1 of this Article;

b) Meet the criteria below:

– In accordance with special law;

– In conformity with the extent of competitiveness of domestic enterprises within the same sector;

– Employment creation for domestic workers;

– Potential and actual contribution to the state budget.

The validity period of a business license: 05 years

Estimated Schedule for obtaining the Business License: It will be done within 45 working days from the day since the date of submitting.

IV. The Retail License (if applicable)

By the Decree 09/2018/NĐ-CP,  Retail outlet means the place where retailing is conducted.

A retail outlet other than the first retail outlet is the outlet established by the same foreign investor or foreign-invested entity that has already a retail outlet in Vietnam or sharing the same name or brand name with at least a retail outlet established by a foreign-invested entity in Vietnam.

By Article 22, the Decree 09/2018/NĐ-CP, Conditions for setting up retail outlet

1. Setting up the first retail outlet

a) Acquire a financial plan for setting up a retail outlet;

b) Incur no overdue tax in a case where it has been established in Vietnam for at least 1 year;

c) The location where the retail outlet is set up is conformable with the relevant planning in the relevant geographic market.

2. Setting up retail outlet other than the first retail outlet

a) In case of without requiring compliance with an economic needs test:

Conditions prescribed in Clause 1 of this Article shall be met.

b) In case of requiring compliance with an economic needs test:

– Conditions prescribed in Clause 1 of this Article shall be met; 

– Economic needs test criteria prescribed in Clause 2 Article 23 of this Decree are fulfilled.

Economic needs test (ENT)

1. Circumstances requiring compliance with ENT

Setting up a retail outlet other than the first retail outlet, unless such retail outlet is less than 500m2 in size and located in a shopping mall and not classified as a convenience store or mini
supermarket.

2. ENT criteria

a) The scale of the relevant geographic market being affected by to-be-retail outlet*;

b) The number of existing retail outlets in the relevant geographic market;

c) Impact of the retail outlet on the market stability and operating activities of other retail outlets and traditional markets in the relevant geographic market;

d) Impact of retail outlet on traffic density, environment hygiene, fire safety in the relevant geographic market;

dd) Potential contribution of the retail outlet to the socio-economic development of the relevant geographic market, in particular: 

– Employment creation for domestic workers;

– Potential contribution to the development and modernization of the retailing sector in the relevant geographic market;

– Improvement of environment and living conditions of inhabitants in the relevant geographic market;

– Potential and actual contribution to the state budget.

The validity period of the license for establishment of retail outlet: The validity period of a license for the establishment of a retail outlet shall be as long as the remaining duration of the certificate of registration for the project of setting up a retail outlet.

In case of the absence of the certificate of registration for investment, the validity period of the license for the establishment of a retail outlet shall be as long as the duration specified in the retail outlet documentation;

Estimated Schedule for obtaining the Business License: It will be done within 45 working days from the day since the date of submitting

V. Written confirmation of fire prevention and fighting.

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HTLaw for Set up a jewelry company service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Set up a private scientific research institute

scientific research - htlaw

According to Article 9 of the Law on Science and Technology and Clause 2, Article 3 of Decree 08/2014 / ND-CP guiding the Law on Science and Technology, private research institutes in the field of education are understood as scientific organizations and non-public technology.

I. Conditions for establishment of scientific and technological organization

The scientific and technological organization is established upon satisfaction of the following conditions:

1. Charter of organization and operation

a) Name of the scientific and technological organization includes full name, international transaction name and abbreviated name (if any) that are written in the letters in the Vietnamese alphabet, possibly with the letters F, J, Z, W, numerals and symbols that can be pronounced. The full name includes the form of scientific and technological organization and its proper name;

The name of the organization must be consistent with the main areas of operation, not overlap with other scientific and technological organizations, not use words and symbols in violation of historical, cultural, ethical traditions and habits and customs of the people, ensure non-infringement of intellectual property rights of organizations and individuals who are protected in Vietnam.

b) Objectives and line of operation of the scientific and technological organization must not violate the provisions of Article 8 of the Law on Science and Technology and other relevant legal documents;

c) Head office with address clearly defined by administrative name, telephone and fax number and e-mail (if any);

d) Representative

dd) Functions, duties and powers of the scientific and technological organization are consistent with the objectives and line of operation;

e) Area of operation: related to one of the areas of scientific research and technological development, experimental implementation, trial production, product making, and business as a result of scientific research and technological development, scientific and technological services;

Where the scientific and technological organization is established by an individual, the area of operation is stipulated in Clause 4, Article 20 of the Law on Science and Technology;

g) Organizational structure, duties, and powers of titles of leadership and other organs of the scientific and technological organization;

h) Charter capital of organization including cash and other assets converted into money; the principle of increase and decrease in working capital and other financial principles;

i) Conditions, order, and procedures for the merger, division, separation, and dissolution (if any).

k) Commitment to compliance with the law.

2. Human resources for science and technology

a) Each scientific and technological organization must have at least 05 (five) persons with a university degree or higher working full-time and part-time in which there is at least 30% have professional skills in accordance with the key areas applied for operation registration and at least 40% working full-time;

In case of establishment of a scientific and technological organization for the development of new science and technology, the scientific and technological organization must have at least one person with a university degree related to the sector registered for operation working full-time;

b) The head of a scientific and technological organization must have a university degree or higher with management experience and appropriate professional capacity;

For a scientific and technological organization as a university education facility, its head must meet the conditions stipulated by the law on university education;

3. Material and technical facilities

Being entitled to own or use head office, workshop, laboratory, machinery, equipment, intellectual property, and other material and technical facilities to perform the functions and tasks of the scientific and technological organization;

100% foreign capital company - htlaw

II.Procedure for establishment of scientific and technological organization with foreign capital and non-public scientific and technological organization

Dossier for the establishment of scientific and technological organization with foreign capital includes:

a) Application for establishment of a scientific and technological organization under the form specified by the Ministry of Science and Technology;

b) Documents certifying the legal status of foreign organizations;

c) Judicial records of the head of a scientific and technological organization with foreign capital;

d) Draft Charter of organization and operation;

dd) Establishment project of the scientific and technological organization includes the explanation about the necessity of establishment, conformity with strategy and plan for scientific and technological development and economic development of Vietnam, objectives, contents, areas, operating range of science and technology in Vietnam; scale investment; the anticipation of human resources of science and technology; financial analysis (if any);

e) Documents evidencing the satisfaction of conditions;

g) Document of Peoples’ Committee of provinces and centrally-affiliated cities where the organization’s head office is located approves the location of the head office of the scientific and technological organization;

h) Audited financial statements or other documents of equal value in the latest financial year of the organization or individuals;

Documents in the dossier specified in this Clause in a foreign language must be translated into the Vietnamese language;

Documents specified at Point b, c, and h must be legalized by the consulate;

Where the project to establish the scientific and technological organization is associated with the investment of works construction, the accompanied dossier includes the investment project of works construction (feasibility study report) under the regulations of law on investment of works construction;

2. The order and procedures for establishing a foreign-invested science and technology organization include:

a) The dossier is made in 02 (two) sets and sent to the Ministry of Science and Technology by post or directly;

b) Within 05 working days from the date of receipt of the dossier specified in Clause 1 of this Article, the Ministry of Science and Technology shall check the validity of the dossier. In case the dossier is invalid, the Ministry of Science and Technology shall notify in writing the organization or individual for modification and supplementation.

In case the dossier is valid, the Ministry of Science and Technology shall send the dossier to the concerned ministries, branches and agencies for opinions;

c) Within 15 working days from the date of receipt of the application for permission to establish a foreign-invested science and technology organization, the relevant ministries, branches and agencies shall give their opinions in writing. and take responsibility for the content according to their management functions;

d) Within 45 days after receiving a complete and valid dossier, the Minister of Science and Technology shall decide to permit the establishment and approve the charter of organization and operation of the science and technology organization have foreign capital and send a copy of the Decision permitting the establishment of a foreign-invested science and technology organization to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Public Security, the People’s Committee of the province, the city directly under the Central Government where the approved organization is headquartered;

dd) In case of disapproval, the Ministry of Science and Technology shall send a written notice to the organization or individual clearly stating the reason;

e) Within 90 days from the date of issuance of the decision to permit the establishment, the foreign-invested science and technology organization shall conduct its establishment.

III. Procedures for scientific and technological operation registration

1. Dossier for registration of scientific and technological organization includes:

a) Application for scientific and technological operation registration;

b) Decision on the establishment of the scientific and technological organization;

c) Curriculum vitae of the head of the scientific and technological organization;

d) Charter of organization and operation which has been approved by the agencies, organizations and individuals;

dd) Documents proving sufficient manpower and technical facilities as prescribed by law for scientific and technological operation, except for cases of scientific and technological organizations which have been appraised by the competent authorities;

Organizations and individuals registering the scientific and technological operation are responsible before law for the contents declared in the dossier specified in this Clause;

2. Order and procedures for registration of scientific and technological activities include:

a) The application for registration of scientific and technological activities shall be made in 02 (two) sets and sent to the Department of Science and Technology by post or directly;

b) If the application is incomplete as prescribed in Clause 1 of this Article, within 05 working days from the date of receipt of the dossier, the Department of Science and Technology must notify the organization or personally  in writing to amend or supplement;

c) Within 15 working days from the day on which the complete application is received, the Department of Science and Technology is responsible for granting the Certificate of registration of scientific and technological activities. In case the application for registration of scientific and technological activities is not approved, the agency competent to register scientific and technological activities shall send a written notice to the organization or individual clearly stating the reason. do.

3. The Department of Science and Technology where the science and technology organization’s head office is located shall grant the certificate of registration of scientific and technological activities to the science and technology organization

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HTLaw for Set up a scientific research institute service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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PROCEDURE FOR ESTABLISHING THE REPRESENTATIVE OFFICE OF COMPANY IN VIET NAM

A representative office of an enterprise is its dependent unit which acts as the enterprise’s authorized representative, represents and protect the enterprise’s interests. A representative office shall not do business. (Article 44 Enterprise Law 2020).

Thus, The Representative office’s function is obliged to represent under the company authorization. Depend on the company’s purposes, investors set up the Representative office or the Branch or Business location on suitable.

In this writing, these
legal consult experts of HT INVESTMENT & IMMIGRATION CO., LTD shall focus on analysing
and guiding the necessary procedure to apply for The Representative Office
Registration Certificate so that The Representative office can do business
activities suitable with the law.

Firstly, the legal basis to set up the Representative Office

  • Enterprise Law 2020, Article 44, 45, Representative office

Secondly, the documents to apply for Representative Office Registration Certificate

1/ Notice of registration activities of Representative Office;

2/ Copies of the Establishment Decision and minutes of the meeting on the establishment of the enterprise’s branch/representative office, legal documents of the head of the branch/representative office.

3/ The notarized copy Enterprise Registration Certificate; Investment Registration Certificate (if have).

Thirdly, the procedure to apply for Representative Office Registration Certificate

Place of Issue: Business Registration Room at Planning and Investment Department where located the Representative Office address of Company

Quantity of dossier: 01

Timeline: 03 business day if valid

Steps apply for dossier:

Register online on National Registration Enterprise online System and receive the Receipt register online.

Hand in documents and the Receipt register online to the Place of Issue above.

Result: Representative Office Registration Certificate.

Fourthly, stamp of the Representative Office

The enterprise shall decide the type, quantity, design and content of its seal and the seals of its representative offices.

The management and storage of seals shall comply with the company’s charter or regulations of the representative office that owns the seal. Seals shall be used by enterprises in transactions as prescribed by law.

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PROCEDURE FOR ESTABLISHING A NEW BRANCH OF COMPANY IN VIET NAM

A branch of an enterprise is its dependent unit which has some or all functions of the enterprise, including authorized representative. The business lines of a branch shall match those of the enterprise. (Article 44 Enterprise of Law 2020).

In this writing, these legal consult experts of HT INVESTMENT & IMMIGRATION CO., LTD shall focus on analysing and guiding the necessary procedure to apply for Branch Registration Certificate so that The Branch can do business activities suitable with the law.

Firstly, the legal basis to set up The Branch

  • Enterprise of Law 2020, Article 44,45. Representative office, Branch and Business location

Secondly, the documents to apply for Branch Registration Certificate

  • Notice of registration activities of The Branch;
  • Copies of the Establishment Decision and minutes of the meeting on the establishment of the enterprise’s branch;
  • The notarized copy of ID/Passport of the head of The Branch;
  • The notarized copy Enterprise Registration Certificate; Investment Registration Certificate (if have).

Thirdly, the procedure to apply for Branch Registration Certificate

  • Place of Issue: Business Registration Room at Planning and Investment Department where located the Branch address of Company.
  • Quantity of dossier: 01
  • Timeline: 03 business day if valid
  • Steps apply for dossier:
  • Register online on National Registration Enterprise online System and receive the Receipt register online.
  • Hand in documents and the Receipt register online to the Place of Issue above.

Result: Branch Registration Certificate.

Fourthly, stamp of the Branch

  • The enterprise shall decide the type, quantity, design and content of its seal and the seals of its branches.
  • The management and storage of seals shall comply with the company’s charter or regulations of the branch that owns the seal. Seals shall be used by enterprises in transactions as prescribed by law.

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

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FORMS OF INVESTMENT BY THE VIETNAM REGULATIONS

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

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

Investment in establishment of a business organization

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

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

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

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

Investment under PPP contracts

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

Investment under business cooperation contracts (BCC)

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

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

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

Conditions on investment capital:

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

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

Conditions on activities:

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

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

Conditions on the place performing project

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

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

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

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

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HOW TO GET WORK PERMIT IN VIETNAM

Nowadays, there are many companies including Vietnamese capital enterprises and FDI companies in Vietnam in need of foreigners to support their business activities. In order to work legally in Vietnam, a Work Permit is required for them. The procedure for obtaining the Work Permit is as follows:

Step 1: 

All 3 types of Work permit for Manage, Specialist and Technical Workers have the same dossier:

– Ask for permission for the use of foreign workers from Department of Labor, Invalids and Social Affairs (DOLISA)

– List of dossiers:

+ Explanation for the need of foreign workers;

+ Enterprise Registration Certificate (ERC) (notarized copy);

– The competent state agency shall issue a notification of acceptance within 15 days from the date of receiving the valid dossier

Step 2: 

Submit the dossier for new issuance of Work Permit. Depend on type of WP, client must provide following documents:

Note:

All documents provided in foreign countries or by diplomatic mission of foreign countries in Vietnam shall be translated into Vietnamese and legalized in accordance with Vietnamese Law.

2.1. Manager:

Dossier for new issuance of Work Permit for manager who have their name in the Enterprise Register Certificate.

The required documents:

  • An original Health certificate
  • A letter of experience was issued by a foreign company in oversea at least 3 years (please make a legalization in advance)
  • An original Criminal record
  • An original passport (will keep 01 day when we apply the second step in labor department)
  • 03 notarized copies of passport
  • 03 notarized copies ERC of the company where foreigner is working
  • 04 color photos (4cm x 6cm size, white background, wear shirt, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

2.2. Specialist:

Dossier for new issuance of Work Permit for foreign specialist working in Vietnam:

  • An original Health certificate
  • An original Criminal record
  • A notarized copy of Bachelor’s degree (please make a legalization in advance)
  • A letter of experience was issued by a foreign company in oversea at least 3 years (please make a legalization in advance)
  • An original passport (will keep 01 day when we apply the second step in labor department)
  • 03 notarized copies of passport
  • 03 notarized copies ERC of the company where foreigner is working
  • 04 color photos (4cm x 6cm size, white background, wear shirt, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

2.3. Technical Workers:

Dossier for new issuance of Work Permit for foreign specialist working in Vietnam includes:

  • An original Health certificate
  • An original Criminal record
  • An original passport (will keep 01 day when we apply the second step in labor department)
  • 03 notarized copies of passport
  • 03 notarized copies ERC of the company where foreigner is working
  • 04 color photos (4cm x 6cm size, white background, wear shirt, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
  • Technical worker proof documents:

+ Confirmation letter for technical worker at a foreign country at least 3 years;

+ Letter confirming that the technical worker was trained for at least 01 year and had worked for at least 01 year in the relevant field;

+ In case the employee is internal transfer: Decision of appointment by the parent company (consularized).

ESTIMATED SCHEDULE:

It will be done within 15 working days since the date of submitting.

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

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Trademark registration in Vietnam

Trademark registration in Vietnam
Trademark registration in Vietnam

In the extremely competitive market such as nowaday, a product or service can be identified and selected by customers is the important thing for the activity of the company. Besides the quality of products or services, owning an unique and attracting trademark is also one thing that all the company should care about.

So, what is the trademark, owning a trademark and registering it gives the company which benefits?

1. What is trademark?

First of all, the trademark is one of objects that is protected by the intellectual property law, Trademarks belong to the group of industrial property rights defined in the Intellectual Property Law. 

According to clause 16, Article 4 of the Intellectual Property Law, “a trademark means any sign used to distinguish products or services of different organizations or individuals, these signs may be in letters, numbers, figures, colors, etc. or a combination of the above factors to express the nature and spirit of the product / service it represents. In particular, the trademark needs to show its ability to distinguish it from others”.

2. What kinds of benefits the company gets from trademark registration?

Owning and registering the trademark brings a lot of benefits to the enterprises:

    1. The registration of trademark protection represents the recognition and protection of Goverment throughout the territory of Vietnam with the registered trademark. On that basis, the enterprises are protected from copying or faking their products based on the trademarks of the enterprises.
    2. In addition to being legally recognized and protected, enterprises are able to use that trademark to carry out advertising and introducing products to consumers legally to expand their market, create the trust of customers when using products / services 
    3. Registering the trademark to avoid distinguishing from other similar products in the market. The reputation or the market of the enterprise might be lost by this confusion and there is no mechanism to request to deal with breaches of regulations on use of the trademark.
    4. The trademark is also accepted as a valuable asset for transferring (licensing, franchising,..), raising capital from investors. Thereby developing the scale and profitability of the enterprise.

4. Procedure to register trademark

To be register for the protection, the trademark needs to meet a number of general conditional:

    1. It is 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. It is capable of distinguishing goods or services of the mark owner from those of other subjects.

The trademark registration is implemented by following step:

Step 1:

Send the dossier to the NOIP (National Office of Intellectual Property of Vietnam) or their representative office in Ho Chi Minh city or in Da Nang.

The required documents:

    • Declaration for registration (2 copies)
    • 10 trademark samples clearly showing their colors, designs, .. with sizes not exceeding 80mmx80mm..
    • Receipt of fees and charges

In addition, some documents may be added such as:

    • Letter of authorization
    • Documents certify the use of special signs (if the trademark contains symbols, flags and badges of domestic and international agencies, organizations, etc.);
    • Document certify registration rights;
    • Documents certify the enjoyment of registration rights from others;
    • Document prove the priority (if the application has a claim for priority)

Step 2:

After the NOIP receives the application, they will conduct an examination of the form and content of the trademark registration application:

    • Formal examination: 01 month. If it has any mistakes in the application, NOIP will send an announcement to the applicant to fix all the mistakes within 01 month from the day the announcement has been received.
    • Publication of valid application: within 2 months from the date the application has The decision to accept the valid application
    • Content examination: no more than 09 months from the date of publication of the valid application (may be extended for not more than 3 months if requested from the applicant).

In this period, NOIP may request applicant to provide explation for the application, or applicant may send requirement to add or modify the application.

Step 3: 

If the trademark meets the conditions for granting the certification, the NOIP shall issue an annoucement of intention to grant the certificate and proceed to grant the certificate when the applicant has fully paid the fees within 03 months since the date of receiving the notice.

However, in reality, the time limit for examining dossiers of the NOIP may be extended from 1 to 2 years due to overcrowding of protection registration applications.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HTLaw for advice and support for Register trademark legal services.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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SET UP A HOTEL IN VIET NAM

Set up a hotel in Vietnam - htlaw

1. Legal procedure to establish a hotel business

Step 1: Apply for a hotel business license and other papers eligible for hotel business.

    • Make an application for a investment registration certificate, business registration certificate (submit to the Department of Planning and Investment)
    • Apply for a certificate of satisfaction of security and order conditions
    • Apply for a certificate of eligibility for fire prevention
    • Apply for a food safety certificate (in case of selling to guests outside the hotel)

Step 2: After meeting all the conditions for granting a hotel business license, businesses need to register a star rating with the tourism management agency.

2. Investment Registration Certificate

    • A written request for the implementation of an investment project.
    • Documents proving legal status
    • Investment project proposal 
    • Proof of investor’s financial capacity
    • Head office lease contract, Documents proving the lessor’s right to lease (Land use right certificate, Construction permit, Business registration certificate with real estate business function of the lessor or equivalent documents).
    • Proposed demand for land use

Issuing agency: Department of Planning and Investment of the province where the company’s head office is located 

Implementation time: It will be done within 15 – 20 working days from the date of submission.

3. Enterprise Registration Certificate (ERC)

Dossier include:

    • Notarized copy of ID card or passport 
    • Application for business registration
    • Hotel charter
    • List of members, shareholders if above

Issuing agency: Department of Planning and Investment of province and city.

Implementation time: 3-5 working days from the date of submission of complete and valid documents.

4. Security license for the hotel

Dossier includes:

    • The business establishment’s written request for a security and order license 
    • Copy of business registration license
    • A resume enclosed with a judicial record card or a personal statement of the person responsible for security and order of the business establishment

Issuing agency: Provincial and city administrative management and social order and safety police.

Implementation time: No more than 05 working days for the specified case. No more than 04 working days for the case of granting change or re-issuance of regulations.

Set up a hotel in Vietnam - htlaw

5. Fire Prevention and Fighting License

Dossier include:

    • License application
    • Fire Prevention Plan
    • Hotel map
    • Escape map
    • List of on-site firefighting forces

Issuer: Fire prevention and fighting in the district or province or city depending on the size and number of floors of construction.​​

Implementation time: 15 days with fire prevention license.

6. Food Safety and Hygiene license (for hotels that sell food to guests outside the hotel)

Dossier include:

    • Application form for  Certificate;
    • Certificate of business registration or Certificate of enterprise registration or Certificate of investment in the food production and trading industry;
    • Description of facilities:
    • Production and business floor plan drawings;
    • Description of the process of food processing, preservation, transportation, display and sale of food and beverages;
    • An explanation of the facility’s facilities, equipment and tools.
    • Certificate of knowledge on food safety of the establishment owner and the person directly producing and trading food;
    • Certificate of health enough to produce and trade food of the establishment owner and the person directly producing and trading.

Issuing agency: Food safety management board issues the certificate (under the Department of Health)

Implementation time: 30-40 days with a certificate of food hygiene and safety

The term of the certificate is 3 years

7. Application for star rating of tourist accommodation establishments​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

A set of star rating registration documents includes:

    • Application for rating of accommodation facility
    • Hotel room map
    • List of employees working at the hotel
    • Degrees in the major or professional class of the employees
    • Scoreboard of standard hotel star rating
    • Certificate of business establishment registration (with a copy)
    • Certificate of satisfaction of security and order conditions (with a copy)
    • Certificate of food safety and hygiene (with a copy)
    • Receipt of payment of hotel appraisal fee in accordance with current law

The agency receiving the hotel star rating dossier: Department of Culture, Sports and Tourism.

Time to start submitting the application: After 2 months from the date of having the business registration certificate, with all the above documents.

Implementation time: 30 – 45 days with the certificate.

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HTLaw for Set up a hotel service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454
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ISSUES RELATED TO TRADE ALCOHOL IN VIETNAM THAT FOREIGN INVESTORS NEED TO KNOW

You are a foreign investor wishing to invest in Vietnam to trade alcohol. However, alcohol is a special commodity, foreign investors must meet certain conditions according to Vietnamese law. In this post, HT would like to provide some of the information that foreign investors need to know before deciding to invest in Vietnam.

Alcohol trading in Vietnam is divided into the following popular areas:

– Production of alcohol;

– Distribution of alcohol;

– Wholesale of alcohol;

– Retail of alcohol.

I. GENERAL INFORMATION

1. Production of alcohol

1.1. Conditions for producing alcohol:

* Conditions for mass production of alcohol

    • Having an Investment Registration Certificate (IRC);
    • Having an Enterprise Registration Certificate (ERC);
    •  Production lines, machines, equipment and process of producing alcohol shall satisfy the estimated scale of production;
    • Requirements for food safety shall be satisfied;
    •  Requirements for environmental safety shall be met.
    • Alcoholic drinks shall be labeled in accordance with regulations.
    • Technicians shall have qualifications and skills suited to alcohol production lines.

* Conditions for home production of alcohol for business purposes

    • Having an Investment Registration Certificate (ERC);
    • Having an Enterprise Registration Certificate (ERC);
    • Food safety and labeling of alcohol shall be ensured.

1.2. Rights and obligations of alcohol producers

* Rights and obligations of enterprises producing mass of alcohol

    • Have the rights to sell alcohol that they produce to traders having the license for alcohol distribution/wholesaling/retailing or the license for sale of alcohol for on-premises consumption and to alcohol exporters.
    •  Have the rights to directly retail alcohol and sell alcohol for on-premises consumption that they produce at their stores.
    • Be entitled to purchase domestic semi-finished alcohol or import one to produce finished alcohol.
    • Be eligible to purchase alcohol from entities producing alcohol at home for re-preparation.
    • Comply with regulations on food safety, labeling, fire and environmental safety.
    • Make reports and fulfill other obligations specified herein.

 * Rights and obligations of enterprises producing alcohol at home for business purposes

    • Have the rights to sell alcohol that they produce to traders having the license for alcohol distribution/wholesaling/retailing or the license for sale of alcohol for on-premises consumption and to alcohol exporters.
    • Have the rights to directly retail alcohol and sell alcohol for on-premises consumption that they produce at their stores/premises.
    • Conform to regulations on environmental safety in the process of their alcohol production.
    • Make reports and fulfill other obligations specified herein.

2. Distribution of alcohol 

2.1. Conditions for distributing alcohol:

    • Having an Investment Registration Certificate (IRC);
    • Having an Enterprise Registration Certificate (ERC);
    • There should be alcohol distribution systems within at least 02 provinces or central-affiliated cities (including the administrative divisions where the alcohol distributors’ headquarters are located); at least an alcohol wholesaler within each province or central-affiliated city. If the alcohol distributor establishes a branch or business location besides its headquarters for the purpose of alcohol sale, it is not required to ask for confirmation from the alcohol wholesaler;
    • A written reference or an agreement in principle shall be made by another alcohol producer, distributor, or a foreign alcohol supplier.

2.2. Rights and obligations of alcohol distributors:

    • Import or purchase alcohol from domestic alcohol producers and other alcohol distributors according to the contents stated in-licenses;
    • Sell alcohol to alcohol distributors/wholesalers/retailers or sellers of alcohol for on-premises consumption within provinces/central-affiliated cities that have been licensed;
    • Sell alcohol to alcohol exporters;
    • Directly retail alcohols at traders’ licensed business locations within provinces or central-affiliated cities.

3. Wholesale of alcohol:

3.1. Conditions for wholesaling alcohol

    • Having an Investment Registration Certificate (IRC);
    • Having an Enterprise Registration Certificate (ERC);
    • There is an alcohol wholesale system in the province or centrally run city where the enterprise is headquartered with at least 01 alcohol retailer. In case the enterprise establishes a branch or place of business outside its head office to trade in alcohol, there is no need for certification from the alcohol retailer;
    • There is an introduction document or in principle contract of the alcohol producer, the alcohol distributor or other alcohol wholesaler.

3.2. Rights and Obligations of alcohol wholesalers:

    • Purchase alcohol from domestic alcohol producers or other alcohol distributors/wholesalers according to the contents stated in-licenses;
    • Sell alcohol to alcohol wholesalers/retailers or sellers of alcohol for on-premises consumption within provinces/central-affiliated cities that have been licensed;
    • Sell alcohol to alcohol exporters;
    • Directly retail alcohols at traders’ licensed business locations within provinces or central-affiliated cities.

4. Retail of alcohol

4.1. Conditions for Retailing alcohol

    • Having an Investment Registration Certificate (IRC);
    • Having an Enterprise Registration Certificate (ERC);
    • Have the right to the legal use of a fixed place of business, and a clear address;
    • Have an introduction document or in principle contract of the alcohol producer, the alcohol distributor, or the alcohol wholesaler.

4.2. Rights and Obligations of alcohol retailers:

    • Purchase alcohol from domestic alcohol producers or other alcohol distributors/wholesalers according to the contents stated in-licenses;
    • Sell alcohol to sellers of alcohol for on-premises consumption or directly sell to buyers at sellers’ premises according to the contents stated in licenses.

II. TYPES OF LICENSES THAT FOREIGN INVESTORS NEED TO OBTAIN

FOREIGN INVESTORS TRADE-IN ALCOHOL WITH AT LEAST  5.5% ALCOHOL

1. Production of alcohol

    • Investment Registration Certificate (IRC);
    • Enterprise Registration Certificate (ERC)
    • Certificate of eligibility for food safety
    • License for alcohol production

2. Distribution of alcohol:

    • Investment Registration Certificate (IRC);
    • Enterprise Registration Certificate (ERC);
    • License for alcohol distribution.

3. Wholesale of alcohol:

    • Enterprise Registration Certificate (ERC);
    • Investment Registration Certificate (IRC);
    • License for alcohol Wholesaling.

4. Retail of alcohol:

    • Enterprise Registration Certificate (ERC);
    • Investment Registration Certificate (IRC);
    • License for alcohol Retailing

In case, foreign investors want to sell alcohol at a retail outlet, foreign investors need to apply for an alcohol retail outlet establishment license.

5. Foreign investors sell both wholesale and retail and establish an alcohol retail outlet

    • Enterprise Registration Certificate (ERC);
    • Investment Registration Certificate (IRC);
    • License for alcohol Wholesaling
    • License for alcohol Retailing
    • License for alcohol retail outlet establishment.

Agencies issue licenses

    • The Ministry of Industry and Trade: License for alcohol distribution, License for mass production of alcohol with a scale of at least 3 million liters/year;
    • Departments of Industry and Trade: License for alcohol Wholesaling, License for alcohol retail outlet establishment; License for mass production of alcohol with a scale of under 3 million liters/year
    • Offices of Economic or Offices of Economics and Infrastructure affiliated to People’s Committees of districts: License for alcohol Retailing; License for home production of alcohol for business purposes

FOREIGN INVESTORS TRADE IN ALCOHOL WITH LESS THAN 5.5% ALCOHOL

1. Conditions for trading alcohol with less than 5.5% alcohol

    • Enterprise Registration Certificate (ERC);
    • Investment Registration Certificate (IRC);
    • Register its sale with the Office of Economics or Office of Economics and Infrastructure affiliated with the People’s Committee of the district where the seller is located before doing business.

2. Rights and Obligations of trading alcohol with less than 5.5% alcohol

    • Be entitled to import, purchase and sell alcohol of legal origin;
    • Ensure alcohols are used within their shelf life required by the producer;
    • Assume responsibilities according to the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages and other law regulations. It is not required to label alcohol according to Decree No. 105/2017/ND-CP regulations.

In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Trading Alcohol Legal Services. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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Establish a company with 100% foreign capital in an industrial area

100% foreign capital company - htlaw

For the case: the investment project is not subject to approval for investment guidelines)

You are a foreign investor wishing to invest in Vietnam in the fields of mechanics, manufacturing, electronics, information technology… You can choose to establish an investment project and company in the industrial area. HT would like to provide some of the following information:

Before establishing a 100% foreign capital company in an industrial area, investors need to check whether the business lines intended to do allow to establish a 100% foreign capital company or not.

Investors can choose to rent the land in an industrial area or rent a factory in an industrial area for project implementation. After renting the place in an industrial area, investors will apply for application to state agencies following:

1. Application for an Investment Registration Certificate for the investment Project

1.1. An application form for execution of the investment project, including a commitment to incur all costs and risks if the project is not approved;

1.2. A document concerning the legal status of the investor:

    • For individual investors: a notarized copy of passport;
    • For institutional investors: a notarized copy of the Certificate of Establishment or an equivalent document certifying the legal status.

1.3. Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, a proposal for investment incentives, impact and socio-economic efficiency of the project and preliminary assessment of environmental impact (if any) in accordance with the law on environmental protection.

1.4. Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity.

For individual investors: Bank statement.

1.5. If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted.

 

Note: Investors want to invest in manufacturing industries should note that they must apply for an environmental protection license, a fire protection certificate, other related certificates. If you want to know more detail, please feel free to contact us.

100% foreign capital company - htlaw

2. Agencies receive an application

2.1. Management boards of industrial areas.

2.2. The investment registration authority of the administrative division where the investor executes the investment project, places or intends to place the head office or operating office to execute the investment project: Investment projects are executed inside industrial areas where the industrial area management boards have not yet been established or which are not under the management of the industrial park.

2.3. Time: 20 working days from the date of receiving the application

3. Application for an Enterprise Registration Certificate recognizing the establishment of the VN Company to carry out the Project

3.1. Agencies receive application: business registration agency

3.2. Time: 5 – 7  working days from the date of receiving the application

4. Engrave company’ seal and declare the original tax code to Tax Department

    • After obtaining the Enterprise Registration Certificate, The company proceeds to engrave a seal at one of the licensed seal-making units. Enterprises decide by themselves the number and the form of the seal within the permitted scope of the law.
    • The company declares the original tax code to Tax Department.

5. Open an Investment bank account and Business bank account

Investors open a investment account and a business account to transfer investment money

To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Establish 100% foreign capital in industry area.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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INVESTORS TRANSFER PROFITS ABOARD

After generating profits in Vietnam, many foreign-invested enterprises have to remit their profits abroad for investment, expenses payment,… Therefore, Vietnamese law has many provisions on the above issues as follows:

1. Annual profit:

Annual profit remitted abroad is the profit shared or earned by a foreign investor in a fiscal year from direct investment activities based on audited financial statements, tax finalization declarations, and corporate incomes.

plus (+)

Other profits such as the unearned profit from the previous years;

minus (-)

  • The expenditure which foreign investors have used or committed to re-invest in Vietnam;
  • The profits used by foreign investors for their operations, business production;
  • The personal spendings of foreign investors in Vietnam.

Time of transfer:

  • At the end of the fiscal year;
  • After the foreign enterprise has fulfilled its financial obligations toward the Vietnamese State by the law;
  • The audited financial statements and the fiscal year corporate income tax finalization declarations submit to the direct tax administration.

2. Profits upon the termination of operations in Vietnam:

Definition: Profits transferred abroad at the end of investment activities in Vietnam are the total profits earned by foreign investors during their direct investment in Vietnam.

minus (-)

  • Profits used for reinvestment;
  • Profits remitted abroad during the operations of foreign investors in Vietnam;
  • The other spendings of investors use in Vietnam.

Time of transfer:

  • Upon the completion of direct investment activities in Vietnam after the enterprise in which the foreign investor participates in investment has fulfilled its financial obligations toward the Vietnamese State by the law;
  • The audited financial statements and corporate income tax finalization declarations submit to the direct tax administration and at the same time meet fulfilling obligations under the Law on Tax Administration.

Note:

In the year which still has accumulated loss in the financial statements of the enterprises after carrying forward losses by the tax law, foreign investors are not allowed to transfer abroad the profits.

3. Mode of profit transfer

a/ Profits remitted abroad in cash will be through direct investment capital accounts

Note:

If the enterprise with foreign direct investment capital is closed their direct investment accounts, Foreign investors will not be allowed to use the direct investment capital account.

Instead, The investors can use the foreign currency payment account, Vietnamese dong current accounts opened at an authorized bank to transfer profits legally.

The cases of closing direct investment accounts in enterprises with foreign direct investment capital:

  • Due to the dissolution or termination of the operation of the enterprise.
  • Or the transfer of investment capital changes the original legal entity of the FDI enterprise.

b/ Profits in kinds: Goods are not banned by the export-import law.

The conversion of the value of in-kind shall comply with the law on merchandises import and export and relevant provisions.

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

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Mobile vending business

Nowadays, mobile vending vehicle is growing in many countries around the world. Foreseeing that development, Vietnam already has regulations guiding the process of setting up companies to carry out mobile food trading on vehicles.

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

If an individual does business with a single vending truck and the individual conducts the business, that individual is not required to form a company.

Because of their personal commercial activities such as street vendors, no fixed locations are not considered “entrepreneurs” and do not require a business license.

(Article 3 Decree 39/2007)

2. Set up a company

Selling goods by mobile trucks must establish a company when conducting business activities, except for business as an individual as in case 1.

Step 1: Set up a company;

Step 2: Apply for a transport business license by truck

Notice:

(i) A box truck business is a business that employs 1,500-kg automobiles to transport cargo for reward, which is calculated by a taximeter or the ride-hailing software installed on the automobile. The “TAXI TẢI” (“BOX TRUCK”) phrase and the business’s phone number and name shall be affixed on the truck’s doors or both sides of its body.

(ii) The freight transport business unit must issue the driver with a Transport Certificate (Transportation Certificate) during the transportation of goods on the road. The transport paper (Transportation paper) must contain certification (signature, full name) of the volume of goods loaded on the vehicle of the goods owner (or the person authorized by the owner of the goods) or the representative of the unit or individual do the queuing.

(iii) When transporting goods, the driver must carry the Transport Paper (Transportation Paper) in paper documents or have a device to access the software that displays the contents of the Transport Paper (Transportation Paper) and other driver’s and vehicle’s papers documents as prescribed by law. Transport business units and drivers are not allowed to carry goods in excess of the allowable volume in traffic.

(iv) Transport paper (Transportation paper) is a paper or electronic document issued by the freight transport business unit and has the minimum information including: Name of the transport unit; vehicle control plate; the name of the unit or the transport hirer; journey (start point, end point); contract number, date of signing the contract (if any); type of goods and volume of goods transported on the vehicle. From July 1, 2022, before carrying out the transportation, the freight transport business unit must provide all the minimum contents of the Transport Paper (Transportation Paper) via the software of the Ministry of Transport. transportation.

(v) In addition, transport enterprises transporting goods for sale must also comply with relevant laws: environment, tax, labor, traffic safety, etc.

In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HTLaw for Mobile vending business.

Contact us

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

Intercountry adoption - htlaw

Currently, the adoption of a foreign child is increasingly popular and has priceless values.
Current Vietnamese regulations have many specific provisions on the adoption of foreign elements, so HT would like to send readers the basic information about adopting foreign elements below.

I. Cases of intercountry adoption

1. Overseas Vietnamese, foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child.

2. Overseas Vietnamese, foreigners permanently residing abroad may adopt a specific child in the following cases:

a/ He/she is the stepfather or stepmother of the to-be-adopted child;

b/ He/she is the natural aunt or uncle of the to-be-adopted child;

c/ He/she has adopted a child who is a sibling of the to-be-adopted child;

d/ He/she adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;

e/ He/she is a foreigner currently working or studying in Vietnam for at least 1 year;

3. Vietnamese citizens permanently residing in the country adopt a foreign child.

4. Foreigners permanently residing in Vietnam adopt a child in Vietnam.

II. Conditions on adopting persons

1. An adopting person must fully meet the following conditions:

a/ Having full civil act capacity;

b/ Being 20 years or older than the adopted person;

c/ Having health, financial, and accommodation conditions for
assuring the care for and nurture, and education of the adopted child.

d/ Having good ethical qualities.

2. The following persons may not adopt a child:

a/ Having some of the parental rights over a minor child restricted:

b/ Currently serving an administrative handling decision at an  educational institution or medical treatment establishment;

c/ Currently serving an imprisonment penalty:

d/ Having a criminal record of the commission of any of the crimes: intentionally infringing upon another’s life, health, dignity, and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren, or caretaker; seducing, forcing or harboring minors to violate the law; buying, selling, exchanging and appropriating children.

3. In case the stepfather or stepmother adopts a stepchild or a natural aunt or uncle adopts a nephew or cousin. Points 1b and 1c will not apply. 

4. Vietnamese citizens who seek to adopt a foreigner must meet all conditions required by the law of the country in which the to-be-adopted person permanently resides.

III. Dossiers of adopting persons

1. A dossier of an overseas Vietnamese or a foreigner permanently residing abroad seeking to adopt a Vietnamese must comprise:

a/ A written request for adoption;

b/ A copy of the passport or a valid substitute paper;

c/ A written permission for adopting a person in Vietnam:

d/ A completed questionnaire on psychology and family;

e/ A health certificate;

f/ An income and property certificate;

g/ A criminal record sheet:

h/ A written certification of the marital status;

i/ Papers and documents to prove the relationship between the adopter and the adopted person (if any).

2. Papers and documents stated at Points 1b thru 1h. must be made, issued, or certified by competent agencies of the country in which the adopting person permanently resides.

3. A dossier of the adopting person shall be made in 2 sets and submitted to the Ministry of Justice via the central adoption agency of the country in which the adopting person permanently resides; in the case of adopting a specific person, the adopting person may submit the dossier directly to the Ministry of Justice.

Note: Documents issued by foreign countries must be consular legalized unless exempted.

IV. The process of adopting

Place of adoption application: Department of Adoption of the Ministry of Justice.

– Within 30 days from the date of receiving dossiers of adopting persons, the Department of Justice shall consider and introduce the children to be adopted. Note: in the case of specific adoption according to regulations, there is no need to introduce the child to be adopted.

In cases where the step-father or step-mother of the adopted child is not required to carry out the procedures for introducing the child to be adopted.

– Within 10 days after receiving the dossier from the Department of Justice, if the People’s Committee of the province agrees, it shall notify the Department of Justice of the procedure for transferring the dossier to the Ministry of Justice; In case of disagreement, it shall reply in writing and clearly state the reason.

– Within 30 days from the date of receipt of the report on the result of introducing children for adoption, the Ministry of Justice shall inspect the introduction of the child for adoption, if it is valid, it shall assess Vietnamese children The man is eligible to be a foreign child and informs the competent authority of the country where the adopting person is residing.

– Within 15 days from the date of receipt of a written notice from the competent authority of the adoptive country of the adoptive’s consent to the introduced child. Children will be admitted to and permanently reside in the country where they are adopted, the Ministry of Justice notifies the Department of Justice.

– After receiving a notice from the Ministry of Justice, the Department of Justice shall submit to the provincial-level People’s Committee for the decision of the child to be adopted abroad. Within 15 days after receiving the dossier submitted by the Department of Justice, the provincial-level People’s Committee shall decide to allow the child to be adopted abroad.

– The Department of Justice notifies the adoptive person to come to Vietnam to adopt a child. Within 60 days, adopting persons must be present in Vietnam to directly adopt the child; in case the husband and wife apply for adoption but either of them cannot attend the child adoption delivery ceremony for objective reasons, they must authorize the other person; can be extended, but not more than 90 days. If the above time limit expires, if the adopting party does not come to adopt the child, the provincial-level People’s Committee shall cancel the decision to allow the child to be adopted abroad.

V. Fee amounts

a) Amount of domestic adoption registration fee: VND 400,000/case.

b) Amount of adoption registration fee collected from Vietnamese people residing in foreign countries or foreigners permanently residing in foreign countries that adopt children being Vietnam nationals: VND 9.000.000/case.

c) Amount of fee collected from foreigners permanently residing in Vietnam that adopt children being Vietnamese nationals: VND 4.500.000/case.

d) Amount of fee collected from foreigners residing in border regions of neighbor countries that adopt Vietnamese children permanently residing in such border regions: VND 4.500.000/case.

dd) Amount of adoption registration fee at Vietnam’s overseas representative bodies: USD 150/case. The above fee shall be converted into the receiving country’s currency according to the selling rate of USD announced by a bank where Vietnam’s overseas representative body opens its account.

Exemption from and deduction in adoption registration fees

1. Domestic adoption registration fees shall be exempted in one of the following cases:

a) A stepfather or stepmother adopts a stepchild of his/her spouse, or an aunt or uncle adopts a niece or nephew;

b) A person adopts one of the following children: Disabled children, HIV/AIDS infected children, or children suffering fatal disease/illness as prescribed in the Law on adoption and guiding documents;

c) A people with meritorious services to the revolution adopts a child.

2. Intercountry adoption registration fees shall be deducted in one of the following cases:

a) A reduction of 50% in intercountry adoption registration fee shall apply to a stepfather or stepmother that adopts a stepchild of his/her spouse or an aunt or uncle that adopts a niece or nephew;

b) In case of simultaneously multiple adoptions of biological brothers/sisters, a reduction of 50% in intercountry adoption fee shall apply to each of children excluding the first child;

c) In case of an adoption falling into both aforesaid cases prescribed in Point a and Point b of this Clause, the payer may select to apply the reduction in fees prescribed in either of those Points.

3. Exemption from adoption registration fees shall apply to the cases of re-registration of adoption as prescribed in law on adoption.

In order to save time to learn the procedures, fill out the form, notarize, and wait to submit the dossier, you can contact HT for Intercountry Adoption service.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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FRANCHISING IN VIETNAM REGULATIONS

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

I. Conditions for the franchisor

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

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

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

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

II. Conditions for the franchisee

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

III. Goods and services permitted for franchising business

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

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

IV. Contents of the franchising contract

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

1. Content of franchised commercial right.

2. Rights and obligations of the franchisor.

3. Rights and obligations of the franchisee.

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

5. Valid term of the contract.

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

V. Language of the franchising contract

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

VI. Valid term of the franchising contract

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

VII. Registration of franchising

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

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

VIII. Decentralization of responsibility to register franchising

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

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

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

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

IX. Dossiers of application for registration of franchising

A dossier of applications for registration of franchising comprises:

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

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

3. Written certifications of:

a) The legal status of the intended franchisor;

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

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

X. Procedures for registering to franchise

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

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

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

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

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

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

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

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

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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REGULATING ADMINISTRATIVE PENALTIES FOR TAX (Decree 125/2020)

From December 5, 2020, Decree 125/2020 providing for tax penalties and invoices takes effect. To help readers have an overview of the regulations on penalties for violations of tax obligations, we would like to summarize the following notable points:

1. Penalties for violations against regulations on tax registration time limits; notification of temporary business suspension; notification of premature business continuation

CASE 1:

Cautions

Making tax registration; notifying the temporary business suspension; notifying the premature business continuation from 1 to 10 days after expiration of the prescribed time limits under mitigating circumstances.

CASE 2:

Fines ranging from VND 1,000,000 to VND 2,000,000

a) Making tax registration; notifying the premature business continuation from 1 to 30 days after expiration of the prescribed time limits, except the cases prescribed in CASE 1;

b) Notifying the temporary business suspension after expiration of the time limits, except the cases prescribed in CASE 1;

c) Failing to notify the temporary business suspension.
CASE 3:

Fines ranging from VND 3,000,000 to VND 6,000,000

Making tax registration; notifying the premature business continuation from 31 to 90 days after expiration of the prescribed time limits.

CASE 4:

Fines ranging from VND 6,000,000 to VND 10,000,000 

a) Making tax registration; notifying the premature business continuation from at least 91 days after expiration of the prescribed time limits;

b) Failing to notify the premature business continuation without any more taxes incurred.

2. Penalties for violations against regulations on time limits for notification of changes in tax registration information

CASE 1:

Cautions

a) Notifying changes in tax registration information from 01 to 30 days after expiration of the prescribed time limits without entailing any change in tax registration certificates or tax identification number notifications under mitigating circumstances;

b) Notifying changes in tax registration information from 01 to 10 days after expiration of the prescribed time limits if such changes entail any change in tax registration certificates or tax identification number notifications under mitigating circumstances.

CASE 2:

Fines ranging from VND 500,000 to VND 1,000,000  

The act of notifying changes in tax registration information from 01 to 30 days after expiration of the prescribed time limits without entailing any change in tax registration certificates or tax identification number notifications, except the cases specified in point an of Case 1a.

CASE 3:

Fines ranging from VND 1,000,000 to VND 3,000,000

a) Notifying changes in tax registration information from 31 to 90 days after expiration of the prescribed time limits without entailing any change in tax registration certificates or tax identification number notifications;

b) Notifying changes in tax registration information from 01 to 30 days after expiration of the prescribed time limits if such changes entail any change in tax registration certificates or tax identification number notifications, except as specified in point of case 1b.

CASE 4:

Fines ranging from VND 3,000,000 to VND 5,000,000

a) Notifying changes in tax registration information at least 91 days after expiration of the prescribed time limits without entailing any change in tax registration certificates or tax identification number notifications;

b) Notifying changes in tax registration information from 31 to 90 days after expiration of the prescribed time limits if these changes entail any change in tax registration certificates or tax identification number notifications.

CASE 5:

Fines ranging from VND 5,000,000 to VND 7,000,000

a) Notifying changes in tax registration information at least 91 days after expiration of the prescribed time limits if these changes entail any change in tax registration certificates or tax identification number notifications;

b) Failing to notify changes of information contained in tax registration applications.

Regulations below shall not be applied to the following cases:

a) Non-business persons who have been granted personal income tax identification codes delay in registering changes in their ID information after receipt of 12-digit ID cards;

b) Income payers delay in registering changes from ID cards to 12-digit ID cards of PIT payers that are persons granting authorization to complete PIT finalization procedures;

c) Notifying changes in information about taxpayer’s address contained in tax registration applications after expiration of the prescribed time limits due to any change in administrative jurisdictions under the Resolutions of the National Assembly’s Standing Committee or National Assembly.

3. Penalties for acts of making a false or incomplete declaration of information contained in tax dossiers that do not lead to any deficiency in taxes payable or any increase in amounts of tax exemption, reduction, or refund

CASE 1:

Fines ranging from VND 500,000 to VND 1,500,000 

Making false or incomplete declaration of information required in data fields of tax dossiers which are not related to the determination of tax obligations, except the acts prescribed in CASE 2 below.

CASE 2:

Fines ranging from VND 1,500,000 to VND 2,500,000

Acts of making a false or incomplete declaration of information required in data fields of tax declaration forms and enclosed annexes which are not related to the determination of tax obligations.

CASE 3:

Fines ranging from VND 5,000,000 to VND 8,000,000

a) Falsely or incompletely filling out data fields related to the determination of tax obligations in tax dossiers;

b) Performing the acts prescribed in clause 3 of Article 16; clause 7 of Article 17 herein Decree 125/2020.

4. Penalties for violations against regulations on time limits for submission of tax returns

CASE 1:

Cautions

Violations arising from filing tax returns from 01 to 05 days after expiration of the prescribed time limits under mitigating circumstances.

CASE 2:

Fines ranging from VND 2,000,000 to VND 5,000,000

The act of submitting tax returns from 01 to 30 days after expiration of the prescribed time limits, except the cases specified in CASE 1.

CASE 3:

Fines ranging from VND 5,000,000 to VND 8,000,000

The act of submitting tax returns from 31 to 60 days after expiration of the prescribed time limits.

CASE 4:

Fines ranging from VND 8,000,000 to VND 15,000,000

a) Filing tax returns from 61 to 90 days after expiration of the prescribed time limits;

b) Filing tax returns at least 91 days after expiration of the prescribed time limits if none of the additional taxes is incurred;

c) Failing to submit tax returns if none of the additional taxes is incurred;

d) Failing to submit annexes under regulations regarding tax administration by enterprises having related-party transactions, enclosing CIT finalization dossiers.
CASE 5:

Fines ranging from VND 15,000,000 to VND 25,000,000

The act of filing tax returns more than 90 days after the prescribed deadline if such act results in additional taxes to be paid, and the taxpayer has fully paid taxes, deferred amounts into the state budget before the time of the tax authority’s announcement of the decision on tax inspection and examination, or before the time of the tax authority’s issuance of the report on the deferred submission of tax returns.
 

5. Penalties for violations against regulations on the provision of information about the determination of tax obligations

CASE 1:

Fines ranging from VND 2,000,000 to VND 3,000,000

a) Providing statutory information, documents, and records related to tax registration according to notifications issued by tax authorities at least 05 working days after expiration of the prescribed time limits;

b) Providing statutory accounting information, documents, and records related to the determination of tax obligations according to notifications issued by tax authorities at least 05 working days after expiration of the prescribed time limits.

CASE 2:

Fines ranging from VND 3,000,000 to VND 5,000,000

a) Failing to provide, or incompletely or inaccurately providing, information, documents, records, invoices or accounting books related to the determination of tax obligations; incompletely or inaccurately providing account numbers, balances of deposit accounts, checking accounts for competent authorities upon their request;

b) Failing to provide, or incompletely or wrongly providing, information or data related to tax obligations of which registration must be made under regulations on condition that this act does not result in any reduction in tax obligations to the state budget;

c) Failing to provide, or incompletely or inaccurately providing, information, documents related to deposit accounts, checking accounts opened at credit institutions, state treasuries, or debts of related third parties, for competent tax authorities upon their request.

6. Administrative penalties for violations against regulations on compliance with decisions on tax inspection and examination, enforcement of tax-related administrative decisions

CASE 1:

Fines ranging from VND 2,000,000 to VND 5,000,000

a) Rejecting decisions on tax inspection and examination, decisions on enforcement of tax-related administrative decisions which are sent or delivered by tax authorities under laws;

b) Failing to execute tax inspection and examination decisions at least 03 days after the deadline for compulsory execution of decisions of competent authorities after the prescribed time limit;

c) Providing documents, records, invoices, accounting vouchers, and books related to tax obligations 6 working hours after the prescribed time limit, upon receipt of requests from competent authorities during tax examination or inspection visits at taxpayers’ offices or premises;

d) Incompletely or inaccurately providing information, documents, accounting records, and books related to the determination of tax obligations upon competent authorities’ request during tax examination or inspection visits at taxpayers’ offices or premises;

e) Failing to sign a record of the tax examination or inspection within 05 working days from the date of issuance or public announcement of the record.
CASE 2:

Fines ranging from VND 5,000,000 to VND 10,000,000 

a) Failing to provide data, documents, accounting records and books related to the determination of tax obligations upon competent authorities’ request during tax examination or inspection visits at taxpayers’ offices or premises;

b) Failing to carry out, or unduly carrying out, decisions on security sealing of documents, records, reconciliation of funds, stocktaking of goods, input materials, supplies, machinery, equipment, workshops, and facilities;

c) Deliberately removing or changing security seal signs lawfully created by competent agencies.

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