Construction Operation License Instead of Contractor’s Permits for Foreign Contractor in Vietnam

   The foreign contractors are only permitted to carry out construction activities in Vietnam so long as being granted construction operation license by Ministry of Construction as per the Construction Law.

EPC Contractors have increasingly been interested to learn the requirements of licenses and permits to operate in Vietnam. It is advised that the construction law firms in Vietnam with lawyers specializing in construction area to assist the foreign contractors to understand the legal frameworks, and requirements of foreign contractors before and after taking on construction projects in Vietnam after bidding result.

The regulations and procedures are promulgated in Decree No. 59/2015/NĐ-CP on management of construction investment projects and Circular No.14/2016/TT-BXD guiding on licensing construction activities and management of foreign construction contractors in Vietnam.

Investment in construction activities has been growingly rapidly. In order to meet the tender conditions and take part in construction activities in Vietnam, foreign contractors shall follow the regulations in Vietnam and obtain proper license during the preparation and the execution of the construction of the project.

Prior to construction operation license, foreign constructors have experienced another form of permit named contractor’s permits for foreign contractors in Vietnam. These are two concepts however the process of registration and document requirements are not so different.

There has been an effort to harmonize and reduce differences and conflicts arisen in many fields of laws regulating the mentioned subject and the new provisions of the Law on Bidding, Construction Law and the Investment Law to be issued in 2014 which establish a stable legal framework for the implementation of foreign contractor’s bidding and construction activities in Vietnam. This changes does not differentiate which position the foreign contractors are appointed from the lead contractor, the main contractor, contractor to subcontractor consortium. Unlike domestic contractors, foreign contractors must be granted construction operation license for each awarded contract. The amendment from the contractor’s permits for foreign contractor contribute to the unity of the same concept in different legal instruments regulating the license procedure of foreign contractors operating within the territory of Vietnam, and limit the unnecessary overlaps, difficulties to law interpretation and application of legal entities.

We shouldn’t forget to mention that the amendment of the foreign contractor’s construction operation license is to increase the relevance between the name and nature of the licensed activities of foreign contractors in construction operation. One of the initial conditions to a foreign contractor to be licensed is when the contractor has won a bid or been selected to be sub-contractor of an investment project. Therefore, the terms construction operation license shall demonstrate the role of the contractor in the construction projects they have been participated in.

The new construction operation license for foreign contractor is expected to be easier to relate to when foreign contractor take part in construction project in Vietnam. This would attract more foreign contractors to undertake construction projects in Vietnam to bring in the technology equipment, as well as the management skills to Vietnam.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn: https://antlawyers.vn/library/construction-operation-license-instead-of-contractors-permits-for-foreign-contractor-in-vietnam.html

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How Foreigners Could Apply for Residence Permits to Stay in Vietnam from 2022?

   It is important to make sure visa matches purpose of entrance to Vietnam. Immigration lawyer in Vietnam could help validate and advise.

In the current process of industrialization and international integration, it is common for foreigners to reside and work in Vietnam permanently or temporarily. In order to legally reside in Vietnam, a foreigner must be eligible to be granted a permanent residence card or a temporary residence card in accordance with Vietnam immigration law.

Temporary residence card in Vietnam

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 has a valid temporary residence card visa replacement.

Subjects granted temporary residence cards in Vietnam include:

(i) Foreigners who are members of diplomatic missions, consular offices, representative offices of international organizations of the United Nations, inter-governmental organizations the government in Vietnam and their spouses, children under 18 years of age, and domestic servants who accompany them for their respective terms;

(ii) Foreigners enter with visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT. Depending on each person who is granted a temporary residence card in Vietnam, the duration of the temporary residence card is different.

Foreigners who are eligible to be granted temporary residence cards in Vietnam according to the two subjects mentioned above must be sponsored and applied for residence card in Vietnam by the agencies, organizations, individuals at the Immigration Department or the Immigration Department Police Department of the province, centrally run city where the agency or organization sponsoring is headquartered or where the sponsored party resides.

Permanent residence card in Vietnam, can you get it?

It is very challenging to apply for the permanent residence card in Vietnam. The permanent residence is issued by the immigration authority to foreigners who are allowed to reside indefinitely in Vietnam and is valid in lieu of a visa.

Foreigners who are considered for permanent residence in Vietnam include:

(i) Foreigners who have made meritorious, contributions to the cause of construction and defense of the Vietnamese fatherland are awarded medals or titles by the Vietnamese government state honor;

(ii) Foreigners who are scientists, experts temporarily residing in Vietnam;

(iii) The foreigner is guaranteed by father, mother, wife, husband, child who are Vietnamese citizens who are permanently residing in Vietnam;

(iv) Stateless people who have temporarily resided continuously in Vietnam from 2000 or earlier.

At the same time, the following conditions must be met:

(i) Having a lawful place of residence and a stable income to ensure life in Vietnam;

(ii) If a scientist, expert is temporarily residing in Vietnam, must be requested by a Minister, Deputy Minister of a ministerial-level agency, a government-attached agency in charge of state management in that professional field,

(iii) If sponsored by father, mother, wife, husband, child who is a Vietnamese citizens who are permanently residing in Vietnam, the duration of temporary residence in Vietnam for a foreigner applying for permanent residence shall be determined as follows: Foreigners who have temporarily resided in Vietnam for 03 consecutive years or more are determined on the basis of the entry verification stamp, the exit verification stamp issued at the border gate with a total temporary stay in Vietnam from 03 years or more in the last 4 years from the date of applying for permanent residence.

To save time and hassles, it is suggested to consult with lawyers in Hanoi, or Da Nang or Ho Chi Minh City which our immigration lawyer in Vietnam could help.

Nguồn:https://antlawyers.vn/library/visa-and-immigration-matters-in-vietnam.html

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Change of Headquarter of Da Nang Immigration Department

   As of August 2018, according to the project for rearranging the administrative function of the Government and the Ministry of Public Security, Immigration Department of Da Nang has been merged into Immigration Department of Hanoi. Therefore, the procedures related to entry, exit of Vietnamese citizens and foreigners such as issuing visa, exempting visa, temporary residence card, permanent residence in Da Nang shall be implemented in Immigration Department of Hanoi.

Relating to the dossier and procedures carried out at the Immigration Department of Da Nang such as issuing passport, temporary residence card, permanent residence, the application shall be submitted to Immigration Department of Da Nang. Thereafter, this agency shall transfer such dossier to Immigration Department of Hanoi for approval. Finally, the results shall be returned to Da Nang.

For most of immigration procedures which used to be implemented in Immigration Department of Da Nang, such as issuing visa, the applicant shall submit dossier directly to Immigration Department of Hanoi. The change could possibly add up processing time, and inconvenience if there is requirement for re-submission, amendment and supplement.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn:https://antlawyers.vn/library/change-of-headquarter-of-da-nang-immigration-department.html

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Temporary Residence Card in Vietnam

   If a foreigner have been sponsored work permit in Vietnam to work or he/she decides to set up a company in Vietnam, he/she could be granted temporary residence card to live in Vietnam instead of applying and re-newing business or travel visas every three months.

We detail here some procedures which help foreigners to prepare for before applying for temporary residence card.

I. Subjects to be granted temporary residence card:

Members of foreign representative agencies and their accompanying relatives (father, mother, wife, husband, children under 18 years old).

Foreigners who work with the Institute of the Supreme People’s Procuracy, the Supreme People’s Court, the ministries, ministerial-level agencies, agencies attached to the Government and People’s Committees of provinces and cities directly under the Central Government and the Central offices of mass organizations, mass organizations.

Foreigners who work in projects already approved by competent state agencies licensed in Vietnam.

Foreigners who work with businesses in Vietnam has the work permit valued more than 01 year.

Persons on the payroll of foreign representative offices and branches of economic organization, culture and other professional organizations of foreign non-governmental organizations based in Vietnam.

Foreigners staying in Vietnam for other purposes.

II. Conditions for implementation

+ Time to stay in Vietnam more than 01 year;

+ Valid passport more than 01 year;

III. The composition, the number of records:

1) The composition profile, including:

A written request of agencies, organizations and individuals offering, guarantee and propose for temporary residence card;

01 declaration of information of foreigners who apply for temporary residence, with photos and sealed by the agency or organization: A written request for temporary residence card (Form N7A); a declaration about Foreigners applying for temporary resident card (Form N7B)

02 3 x4 cm size photographs;

01 copies of passport, valid visa, immigration cards (bring original for comparison);

01 copies or photo (bring the original for comparison) proof of purpose to stay in Vietnam.

As the case may file appropriate documents: investment licenses, permits the establishment of enterprises, work permit in Vietnam, certificate of board members and permits the establishment of representative offices, marriage/birth registration.

2) The number of records: 01 (one).

IV. Implementing agencies administrative procedures:

Immigration management Department, Police provinces and cities directly under the Central Government.

V. Implementation time: 05 to 07 days;

VI. Subjects performed: by organizations and individuals;

Nguồn: https://antlawyers.vn/library/temporary-residence-card.html

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Transfer of Investment Projects in Vietnam

   Under the current Law on Investment, investors are entitled to transfer part or all of the project to another investor when satisfied the specific conditions and conducting to procedure of project adjustment under the regulation of law.

The conditions of project transfer

-The project is not terminated in the cases as prescribed in Clause 1 Article 48 of Law on investment;

-Investment conditions applied to foreign investors are satisfied -in case the foreign investor receives a project of investment in conditional business lines;

-Regulations of law on law, real estate trading is complied with if the project transfer is associated with transfer of land;

-Conditions in the Certificate of investment registration or relevant regulations of law are complied with.

Preparation of dossier

-A written request for permission for project adjustments;

-A report on the project’s progress up to the time of transfer;

-The project transfer contractor an other document with equivalent legal value;

-Copies of the ID card or passport (if the investor is an individual) or Certificate of Enterprise Registration or another document with equivalent legal value (if the investor is an organization);

-Copies of the Investment Registration Certificate or decision on investment guidelines (if any);

-Copies of the BCC contract (for BCC projects);

-Copies of one of the following documents of the transferee: financial statements of the last 02 years; commitment to provide financial support by the parent company, commitment to provide financial support by a financial institution, the guarantee of transferee’s financial capacity, documents describing the transferee’s financial capacity;

Order and procedure

-Investors submit the dossier at Department of Planning and Investment (or Management of Economic Zone or High-tech Zone);

-Within a period of 10 working days from the date of receipt the complete and valid dossier for an investment project operating under an investment license and not subject to decision of investment policy (or 28 working days from the date of receipt the complete and valid dossier for an investment project which is subject to investment decision of the provincial People’s Committee; 47 working days from the date of receipt the complete and valid dossier for the investment project subject to the decision of the Prime Minister), the competent authorities consider and decide to adjust the investment registration certificate to the investor transferring the project.

Before transferring an investment project, investors need to evaluate the legal situation, apart from the financial, personnel, and other key issues of the project, which are subject of the transfer. Therefore, to ensure effective transfer, investors often engage law firms with highly qualified lawyers in Vietnam to conduct M&A legal due diligence related to the legal documentation of the owner, capital contribution of the shareholder or member, tangible assets (land use rights, plant and machinery, equipment, etc.) and invisible assets (including industrial property rights), licenses, contracts or transactions of great value, taxes and other legal risks such as litigation or disputes which could significantly impact the project..

The transfer of an investment project is an administrative procedure with a state agencies that is only smooth when the parties reached agreements. In fact, the transfer of the investment project’s timeline depends on the appraisal and evaluation process of the parties involved in the project.We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn: https://antlawyers.vn/legal-service/transfer-of-investment-projects-in-vietnam.html

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Foreign Investment

   Our foreign investment practice at ANT Lawyers helps clients with the following:

Transactional structuring license: Advising on the possibility for foreign investors to obtain an investment in Vietnam and the selection of an appropriate investment vehicle in Vietnam such as a business co-operation contract, a joint venture company or to set up a company in Vietnam as a wholly foreign owned company.

Licensing requirements: drafting and negotiating all documents required for obtaining an investment license for a foreign investment project, following up Vietnamese authorities for obtaining all the investment license and assisting to complete post-licensing procedures.

Regulatory issues: advising on regulatory issues in relation to the operation of foreign invested projects in Vietnam including advertising and promotion of their products.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Please contact us for inquiries through email ant@antlawyers.vn or call our partner directly at + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

Nguồn: https://antlawyers.vn/area-of-expertise/foreign-investment

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Law firm in Ho Chi Minh City

  ANT Lawyers, a English speaking law firm in Ho Chi Minh City is located in the business center that provides convenient access to our clients.

ANT Lawyers works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. The range of our experience enables us to advise on various matters from the precedent-setting to the purely procedural.

The common thread in everything we do is our ability to combine both commercial and legal perspectives. This means our clients can rest assured that, whatever the case or transaction, our lawyers have the experience to deliver legal advice and service that works in a commercial context.

Our English speaking lawyers in Ho Chi Minh City offer client with particular services that guide clients throughout investment, commercial transaction, M&A, civil transaction, property sales and purchase, IP registration, and dispute resolution procedures.

Please contact us to book your time in advanced to let us provide our best service.

Call our office at (+84) 28 730 86 529 , talk directly to our partner at +84 912 817 823, send us email ant@antlawyers.vn or visit our law firms in Ho Chi Minh City at ANT Lawyers HCMC Branch, 7th Floor, Me Linh Point Tower, 2 Ngo Duc Ke Str., District 1, HCMC.

Let ANT Lawyers help your business in Vietnam.

Nguồn: https://antlawyers.vn/about-us/our-offices/law-firms-in-ho-chi-minh-city

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Law Firms in Da Nang

   ANT Lawyers, the English speaking law firms in Da Nang is located in the business center that provides convenient access to our clients.

The office is represented by lawyers whom are local of Hoi An covering Da Nang, Hoi An, Hue and other central provinces.

The common thread in everything we do is our ability to combine both commercial and legal perspectives. This means our clients can rest assured that, whatever the case or transaction, our English speaking lawyers have the experience to deliver legal advice and service that works in a commercial context.

Attorneys in Da Nang focus on important business and legal issues related to real estate, foreign investment, setting up company and other business structures, M&A, contract and dispute resolution.

Together with law offices in Hanoi and Ho Chi Minh City, the law office in Da Nang with coverage of Hoi An, Hue and other central provinces strengthens the nationwide coverage of ANT Lawyers, serving clients better in legal services in Vietnam.

Please contact us to book your time in advanced to let us provide our best service.

Call our office at +84 236 7300 529, or talk to our partner directly at +84 912 817 823 or send us email ant@antlawyers.vn.

Let ANT Lawyers help your business in Vietnam.

Nguồn: https://antlawyers.vn/about-us/our-offices/law-firms-in-da-nang

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Law Firm in Hanoi

  ANT Lawyers, the English speaking law firm in Hanoi is located in the business center that provides convenient access to our clients.

ANT Lawyers works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. The range of our experience enables us to advise on various matters from the precedent-setting to the purely procedural.

The common thread in everything we do is our ability to combine both commercial and legal perspectives. This means our clients can rest assured that, whatever the case or transaction, our lawyers have the experience to deliver legal advice and service that works in a commercial context.

Our English speaking lawyers at Hanoi office offer client with particular services that guide clients throughout investment, commercial transaction, M&A, civil transaction, property sales and purchase, IP registration. In the meantime, our dispute lawyers in Hanoi with fluent English also support clients in dispute resolution procedures, including pre-litigation, litigation process at courts at all levels; or alternative dispute resolution including mediation, arbitration at arbitration centers.

Please contact us to book your time in advanced to let us provide our best service.

Call our office at +84 24 730 86 529, or talk to our partner directly at +84 912 817 823, send us email ant@antlawyers.vn or visit our law firm in Hanoi office at 5th Floor, Leadvisors Place, 41A Ly Thai To, Hoan Kiem District, Hanoi.

Let ANT Lawyers help your business in Vietnam.

Nguồn: https://antlawyers.vn/about-us/our-offices/law-firms-in-hanoi

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What Foreign Investors Should Know When Setting up company in Vietnam in 2022?

  In the period of global economic integration, especially Post-Covid-19 era, Vietnam – a developing country is considered one of the countries with potential markets that foreign investors choose to establish the business here taking advantage of the government policy to promote the economy i.e. “new normal” adaption living with Covid-19, quick opening of border allowing tourists to visit Vietnam since Apr 2022, tax reduction, public investment increase…

Whom can set up business in Vietnam?

First, the objects allowed to establish and manage enterprises in Vietnam are all organizations and individuals who are not in the following cases: (i) Minors; people with limited legal capacity; incapacitated people; people having difficulties controlling their behaviors; organizations that are not juridical persons; (ii) People who are facing criminal prosecution, kept in temporary detention, serving an imprisonment sentence, serving an administrative penalty in a correctional institution or rehabilitation center, has limited legal capacity or is incapacitated, is not able to control his/her own behaviors, is banned by the court from holding certain positions or doing certain works; other cases prescribed by the Law on Bankruptcy and the Anti-corruption Law. At the same time, individuals with foreign nationality implementing business investment activities in Vietnam are considered foreign investors. The implementation of investment forms; the scope of operation as well as related procedures must meet the conditions under the Investment Law; related legal documents; other conditions of international treaties that Vietnam is a member.

How to invest and set up business in Vietnam?

Second, foreigners, foreign investors must explore legal forms of investment in Vietnam including: (i) Investing in establishing economic organizations; (ii) Invest in capital contribution, share purchase and purchase capital; (iii) Implementing investment project; (iv) Investment in the form of BCC contract; (v) Forms of investment and new economic organizations according to the Government’s regulations. They need to consider projects planning to invest in Vietnam in case of requesting approval of investment policy of 2020 Investment Law. The investment project of foreign investors is required to carry out procedures for granting investment registration certificates. If the case must be proposed to approve the investment policy, they must prepare dossiers and carry out procedures to request approval of investment policies. When completing the procedure, they will be granted a written decision on investment policy and investment registration certificates. If not falling in the case of approval of investment policy, foreign investors conduct procedures for applying for investment registration certificates.

What documents required to set up company in Vietnam?

Third, after being granted a certificate of foreign investment registration, foreign investors shall continue the procedures for enterprise registration. Vietnam laws do not have to limit the type of enterprise to foreign investors, hence investors can choose: One member limited liability Company; Two-member limited liability companies or more; Joint stock company; Partnerships. Each type of business has different advantages and disadvantages, and foreign investors should base on the purpose and investment scale to choose the type of suitable form of investment. In addition, the investment under the conditional business lines need to fully meet the conditions according to the provisions of law. Depending on the type of business, there will be the document requirements that need to register accordingly. And most importantly, foreign investors must prepare necessary conditions and sufficient conditions (validated documents for use in Vietnam, business name, head office address, business line, charter capital, legal representative,…) attached to the understanding and implementation of the order and procedures when they want to establish a certain type of enterprise in accordance with the Enterprise Law 2020.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn: https://antlawyers.vn/library/what-foreign-investors-should-know-when-setting-up-company-in-vietnam-in-2022.html

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How to Register a Birth for a Child between Vietnamese and Foreigner in 2022?

   Birth registration for children with foreign elements shall be carried out at the competent district-level People’s Committees. Cases of birth with foreign elements based on the Law on Civil Status 2014 include children born abroad who have not yet been registered for birth and reside in Vietnam; if the child is born in Vietnam, one parent is a Vietnamese citizen and the other is a foreigner or stateless person; one parent is a Vietnamese citizen residing in the country and the other is a Vietnamese citizen residing abroad; father and mother are Vietnamese citizens residing abroad; whose parents are foreigners or stateless.

The application for birth registration with foreign elements is prescribed by the Law on Civil Status 2014; Decree 123/2015/ND-CP; Circular 04/2020/TT-BTP. Person who requests birth registration with foreign elements will have to submit documents to the People’s Committee; whom will receive the applications and check the validity of the documents in the applications.

In case the child’s parent chooses a foreign citizenship for the child upon birth registration, besides the written consent to such choosing, a confirmation that such choosing conforms to the foreign country’s law from the competent authority of the foreign country is required. If there is no confirmation from the competent foreign authority, the civil registration authority shall register the child’s birth but leave the nationality section in the birth certificate and birth register blank.

The officer in Civil Status will record the birth registration information in the birth registration book and sign in the book with the person that has the request. The Justice Division shall report to the Chairman of the district-level People’s Committee to issue the birth certificate to the person who requests birth registration. In case one of the parents chooses Vietnamese nationality for their child, the officer doing the Civil Status work will update the birth registration information to obtain the personal identification number.

The birth registration for children with foreign elements should be carried out according to the provisions of the Law on Civil Status and related documents. Vietnamese law always creates favorable conditions for couples to make birth certificates for children with foreign elements.Nguồn: https://antlawyers.vn/library/how-to-register-a-birth-for-a-child-between-vietnamese-and-foreigner-in-2022.html

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How to Invest, Do Business and Reside in Vietnam in 2022?

  With economic opening policies, especially after the Covid-19 pandemic, Vietnam is an attractive destination for foreign investors. Accordingly, the number of foreign investors in Vietnam is constantly increasing. In order to create favorable conditions for individual investors with direct capital investment or representatives of foreign organizations investing in Vietnam to live, work, Vietnam has policies, suitable for each type of investor in being granted temporary residence cards in Vietnam.

Investors using visas, temporary residence cards under the investment category sponsored by foreign investment companies and with the temporary residence card symbol DT, are divided into three types of temporary residence cards as follows: (i) DT1 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a contributed capital of VND 100 billion (USD 4.5 mil) or more or investing in industries, professions eligible for investment incentives, geographical areas with investment incentives decided by the Government; (ii) DT2 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a contributed capital of between VND 50 billion (USD 2.3 mil) and under VND 100 billion or investing in industries, trades to encourage development investment decided by the Government; (iii) DT3 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contribution from VND 03 billion (USD 136k) to less than VND 50 billion. Temporary residence cards with a specific term for investors and representatives of foreign organizations investing in Vietnam are as follows: Temporary residence cards with symbol DT1 have a term of not more than 10 years; Temporary residence card with symbol DT2 is valid for no more than 05 years; Temporary residence card with symbol DT3 is valid for no more than 03 years. In case foreign investors and representatives of foreign organizations investing in Vietnam with a contributed capital of less than VND 03 billion, they will not be granted a temporary residence card, instead they will apply for a signed visa DT4 which is valid for no more than 12 months.

The application file for applying for a temporary residence card to a foreign investor must be documents proving the status of the sponsoring agency, organization, individual; documents proving the relationship between the investor and the sponsoring agency, organization or individual; information of the sponsored investor; relevant document information to determine the type of temporary residence card issued to investors; and declarations in accordance with the law.

If foreign investors and representatives of foreign organizations investing in Vietnam wishing to stay in Vietnam, they need to apply for a temporary residence card according to the conditions, documents, procedures of Vietnamese law. It is important to consult with immigration law firm in Ho Chi Minh City, or in Hanoi, Da nang for effective solutions.

Nguồhttps://antlawyers.vn/library/how-to-invest-do-business-and-reside-in-vietnam-in-2022.htmln:

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What Conditions to File Divorce Petition?

 Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Divorce lawyers in Vietnam will help advise if there are legal grounds to file for divorce in Vietnam or not.

What is the condition of divorce?

Firstly, we need to know about subjects being entitled to request divorce settlement.

That is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

The divorce is divided into two cases, those are divorce by mutual consent and divorce at one party’s request.

Conditions of divorce by mutual consent:

If both wife and husband request a divorce and both parties are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children, the court shall settle the divorce a court shall recognize the divorce by mutual consent; if the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

Divorce at one party’ s request:

If a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if there are grounds to believe that a spouse commits domestic violence or seriously infringes of the rights and obligations of the husband or wife seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce. For a parent or other relatives’ request for a divorce mentioned above, a court shall permit the divorce if there are grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Domestic violence acts is one of the important factors mentioned in unilateral divorce. Domestic violence acts and “serious condition, common life no longer impossible and the marriage purposes unachievable” are defined in Vietnam laws.

For divorce involving foreigner or oversea Vietnamese, an important condition is permanent residence.

First of all, marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad.

Two foreigners shall be settled a divorce in Vietnamese court if both of them reside permanently in Vietnam. However this is very rare.

In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law could be applied. It is suggested to consult with divorce lawyers in Vietnam in the court proceeding to best protect the rights and interest especially involving property division and child custody.

How divorce lawyers in Vietnam could help?

In conclusion, divorce lawyers in Vietnam could help advise on the conditions to meet when filing for divorce in Vietnam. There are situations under Vietnam laws that it is not possible to file for divorce in Vietnam. For instance, two foreigners living in Vietnam might not be able to file for divorce in Vietnam because they do not permanently reside in Vietnam. There are situations that the wife is is pregnant, gives birth or is nursing an under-12-month child. Sometimes, it is not possible to locate the husband or wife because they go missing or disconnect or hide, hence it could be troublesome for the court to serve the divorce petition request. In such cases, the divorce lawyers in Vietnam could help advise and suggest solutions.

Nguồn: https://antlawyers.vn/library/what-conditions-to-file-divorce-petition.html

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How to Close a Business in Vietnam

   All corporations, companies, partnerships, branch offices, representative offices and other business entities are legal entities in Vietnam which can only be dissolved through formal procedures.

I. What are the major challenges with closing a business in Vietnam?

The main thing to remember throughout the process is that the dissolving company, a branch office or a representative office, one should pay close attention to the involvement of all key stakeholders, i.e. the employees, customers, creditors, business partners and relevant authorities.

The following are key information to gather for thorough analysis

1. Company size in terms of capital and number of employees?
2. Enterprise’s business sector?
3. Tax invoice usage declaration?
4. Annual profit?
5. Compliance with tax procedures?
6. Administrative violations in the field of taxation?
7. Any outstanding tax?
8. Tax document filing records?
9. Other tax matters?

II. What does the dissolution process involve?

Once an analysis has been through, the next procedures mostly deal with reporting and processsubmitting the relevant documents to the various regulatories and tax authorities at each step of the , terminating contracts, liquidating assets and settling liabilities, and general administrative work such as returning the corporate seal, registration certificates, and having the company’s name removed from the system of the license authorities.

III) How to prepare document to close a business in Vietnam?

1. Documents submitted to the licensing authority in Vietnam:

    a. Liquidation notice of enterprise;

   b. Minutes of the meeting of Management Board / Board of Directors decided on the dissolution of enterprises;

    c. The company’s decision on liquidation;

    d. Report on enterprise asset liquidation;

    e. The list of creditors and the paid debt;

    f. Documents evidencing that enterprise has fulfilled all of its tax;

    g. Confirmation on social insurance for employees after the dissolution decision;

    h. The seal and certificate of seal sample registration.

2. Documents submitted to the tax authority in Vietnam:

    a. Liquidation notice of enterprise;

    b. Minutes of the meeting of Management Board / Board of Directors decided on the dissolution of enterprises;

    c. The company’s decision on dissolution;

    d. Audit reports and tax settlements;

    e. The financial statements for the year to date the decision on dissolution;

    f. The company’s tax liabilities audited by tax authority;

    g. Verification of tax obligations of the enterprise.

Closing a business in Vietnam might be a lengthy process and more complicated than setting up a company in Vietnam. Sometimes, it is important to make a decision to exit and start a new venture. As a law firm in Vietnam, we do assist clients to close the business, exit the investment and deal with pending issues with licensing authorities including department of planning and investment, department of labour, tax bureau and others.

Nguồn: https://antlawyers.vn/legal-service/how-to-close-a-business-in-vietnam.html

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What Are Challenges in Debt Recovery Litigation Procedures for Enterprise?

  Lawyers at debt recovery law firms in Vietnam could provide solutions

In the operation of the enterprises, the arising of bad debts could be unavoidable. However, in order to be able to file lawsuit and collect debts and minimize bad debts in practice, there are still many difficulties. Currently, the process of debt recovery according to the provisions of the law still encounter many problems and shortcomings, while enterprises need more effective solutions to recover debts fully and quickly in order to ensure revenue and financial balance for enterprise. Hence, why not mind your business and let lawyers at debt recovery law firms in Vietnam help with effective strategies and solutions.

Filing a lawsuit with the help of litigation lawyers in Vietnam

In order to be able to recover debts according to the provisions of the law, enterprises could hire dispute lawyers to go through two stages with relatively complicated procedures. Accordingly, the lawsuit need to be filed and after the court’s judgment, the enterprise needs to file a petition for civil judgment enforcement. Because, the trial stage and the judgment execution phase are two independent stages, each with a different processes.

Trial hearing at court stage

First, the stage of lawsuits in court. When the enterprise’s interests are infringed, the enterprise will need to file a lawsuit at a competent court. This is a traditional method of lawsuits that forces enterprise to comply with the court’s strict processes and procedures and relevant legal regulations.

Specifically, in order to initiate a lawsuit at the court, an enterprise must meet the following conditions to initiate a lawsuit:

(i) there is a debt incurred and the debtor fails to pay the debt as committed, leading to a dispute and the enterprise believes that rights and interests are infringed;

(ii) the dispute between the enterprise and the debtor in this case must fall under the exclusive jurisdiction of the court, not under the jurisdiction of any other agency or organization (arbitration);

(iii) in some cases, if there is an agreement or is required by law to carry out pre-litigation procedures such as conciliation, negotiation, notification, etc., the enterprise must complete such procedures before requesting a competent court to settle disputes between the enterprise and the debtor. In addition, in the petition, the enterprise needs to enclose invoices, vouchers and loan documents to prove that the debt collection has legal ground.

These are the basic conditions that enterprise need to keep in mind when filing a lawsuit to ensure that the petition is valid and not returned. To improve the success chance, the enterprise could consult with lawyers at debt recovery law firms in Vietnam for advice.

After the petition is accepted and the enterprise completes the payment of the court fee advance, the court will conduct verification and collect evidences; conducting meetings, checking the handover, accessing and disclosing evidences and conciliation. In case the involved parties cannot reconcile with each other on the payment plan or agree on interest and debt, the court will bring the case to trial. During this period, enterprises need to consider late payment interest, principal and debtor’s financial situation in order for request to be accepted by the court and serve as a basis for possible judgment enforcement.

Judgement enforcement stage

Second, the procedure for requesting judgment enforcement. After the judgment or decision of the court takes legal effect, it must be respected by organizations and all citizens.

Accordingly, enterprises, especially debtors, within the scope of their responsibilities, should strictly abide by judgments and decisions and must take responsibility before law for judgment enforcement.

Within 5 years from the date the judgment or decision takes legal effect, the creditor can by himself or authorize lawyers at debt recovery law firms in Vietnam to make a written request for judgment enforcement and send it to the district-level judgment enforcement agency where the court is located for first-instance trial court to request judgment enforcement.

Accordingly, enterprises need to prepare a written request for judgment enforcement together with the judgment or decision requested for enforcement and other relevant documents. For the extent of the petition for judgment enforcement, the enterprise needs to show information about the debtor’s assets or judgment enforcement conditions.

In addition, enterprises have the right to request civil judgment enforcement agencies to apply measures to secure judgment enforcement, including: freezing of accounts, temporary seizure of assets and papers, temporary suspension of registration, transfer, etc. change the current state of assets to avoid the debtor’s dispersal of assets and inability to repay the debt according to the judgment.

At the same time, the judgment enforcement agency will issue a notice of judgment enforcement, setting a time limit for the debtor to voluntarily execute the judgment of 15 days from the date the debtor receives or is duly notified execution decision. At the end of the above-mentioned voluntary time limit, the debtor who has conditions for judgment enforcement but does not voluntarily execute the judgment will be subject to coercion.

The enforcement of money assets will be applied by the judgment enforcement agency one of the measures such as deducting money from the account; subtract from the judgment debtor’s income, collect money from the judgment debtor’s enterprise activities; collect money from judgment debtors who are holding or collect money from judgment debtors who are kept by third parties or sell assets of judgment debtors to collect debts.

Risks during the judgement enforcement in Vietnam

Although the judgments and decisions have taken effect, the initiation of lawsuits and judgment enforcement in many cases still cannot be enforced making the debt recovery further challenging. It means that, it would be challenging for the claimant itself to pursue the judgement enforcement process and hence lawyers at debt recovery law firms in Vietnam could be relied on for advice and solution for each situation arisen as mentioned below.

One is the determination of the debtor’s address for the court to serve the documents. The debtor always tends to evade and not cooperate, i.e. constantly changing addresses and causing difficulties for the court in the process of settling the case. Accordingly, the court could not proceed to serve the debtor, then some courts have decided to return the petition to the claimant, or suspend the case because it considers that there are not enough conditions to initiate a lawsuit or not summon the defendant. This factor causes delays in the legal process when enterprises initiate lawsuits.

The second is the application of trial procedure in absentia. In order to fully meet the conditions for trial in absentia, the court will take time and many measures to verify and post procedural documents according to regulations. Besides, for debt disputes with complicated elements, it takes more time to collect more documents and evidences, conduct solicitation of document expertise, etc. or the case has many people with interests and obligations related, the trial was adjourned several times. Therefore, the intangible interests of enterprises have been seriously affected.

Third is the execution process. In fact, many enterprises have had court judgments, but the judgment enforcement process has lasted for many years, and enterprise have not been able to recover their debts. This problem may arise from the lack of flexibility in the coordination between banks, other agencies and organizations and the judgment enforcement agency, which is detrimental to the verification and distraint of assets of the agency, directly affecting the time of judgment enforcement.

Fourth is for the distraint, auction of assets that are assets that are difficult to determine the value of, or properties that are in dispute or there are no auction participants are also reasons for the delay in debt recovery.

Fifth is due to human subjective factors. Specifically, due to opposing and uncooperative acts of changing the current status of mortgaged assets, obstructing the verification of judgment enforcement conditions, asset valuation, and asset auction. For movable property, the debtor could actively move or disperse in order to cause difficulties in the handling process. In addition, there are cases where enforcers violate the time limit for notifying or serving judgment enforcement decisions/notices, failing to conduct verification…

Hence, enterprises that wish to proceed debt recovery effectively need to proactively collect information, judgment execution conditions of the debtor and provide it to the judgment enforcement agency. Besides, it is necessary to seek the legal advice of debt recovery law firms in Vietnam with experience in litigation and enforcement for debt recovery process in Vietnam.

Nguồn:https://antlawyers.vn/legal-service/what-are-challenges-in-debt-recovery-litigation-procedures-for-enterprise.html

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What Foreign Investors Should Consider in Making Investment in Conditional Areas?

   In the context of integration and globalization, the number of foreign investors whom wish to make investment and establish business in Vietnam has increased due to the attractiveness of the growing middle class population, availability of skilled resources, and Vietnam openness policies. To register a business in Vietnam, however, foreign investors must meet the requirements of Vietnam and international treaties to which Vietnam is a party.

Firstly, the field in which foreign investors wish to conduct business must not be on the list of industries that have been denied entry to the market for foreign investors or are prohibited from doing so under the Law on Investment.

Secondly, foreign investors may be restricted to the percentage of charter capital ownership in some economic organizations. For example, foreign investors ownership could only be up to 30% of charter capital of a commercial bank in Vietnam. Limiting the amount of charter capital is indirectly restricting the management and control rights of investors. Instead of freely making policies or decisions, foreign investors have to depend on other members of the company, namely domestic investors. The investors are suggested to consult with corporate lawyers in Vietnam or banking and finance lawyers in Vietnam for specific details in the specialized area like banking or finance.

Thirdly, foreign investors must consider the type of firm they want to register. A foreign insurance enterprise, for example, may operate in Vietnam as an insurance limited liability company or as a branch of a foreign non-life insurance enterprise. If the investor registers the establishment of an enterprise that is not under Vietnam law and the international treaties that Vietnam has signed, the application for registration is considered invalid. In addition, each type will also have certain limitations. For example, setting up a joint stock company might not be suitable for all investors. In the governance of a joint stock company, the decision-making process is complicated and time-consuming with different sequences and procedures.

Finally, the Vietnam law also have requirements on the legal status, financial status, and competence of investors in certain professions. To establish a company in Vietnam, foreign investors must meet all the prescribed conditions.

In conclusion, the foreign investors would need to undertake the legal research into the business it wish to register in Vietnam, and make strategic decision considering the legal and business requirements to maximize the benefits Vietnam would bring.

Nguồn: https://antlawyers.vn/corporate-lawyers-in-vietnam/what-foreign-investors-should-consider-in-making-investment-in-conditional-areas.html

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How to Name a Child on Birth Certificate Under Vietnam Law?

   Name is the most basic element to identify and distinguish individuals. However, the naming must follow the provisions of law to be recorded on the birth certificate and be legally valid. This issue is stipulated by the Civil Code, Law on Civil Status, Decree No. 123/2015/ND-CP and Circular No. 04/2020/TT-BTP.

The Civil Code has affirmed the right to have family and given names as follows: “Each natural person has right to have a family name and a given name (including a middle name, if any). The family and given names of a person shall be the family and given names on the birth certificate of such person”. One of birth registration contents mentioned in the Law on Civil Status is “Information of the person whose birth is registered: family name, middle name and first name; gender; …”. In which, the family name of a person will normally follow his/her biological father’s or mother’s as mutually agreed between the parents; if the parents fails to agree, the person’s family name shall be determined according to customary practices. If the father of such person is undetermined, his/her family name shall be passed from his/her natural mother’s. This provision is stated in the Civil Code and Clause 1, Decree No. 123/2015/ND-CP. The Civil Code also provides the naming principle: “The name of each Vietnamese citizen must be in Vietnamese or other ethnic minority languages of Vietnam and not include any figure or any symbol other than a letter”. In addition, Circular 04/2020/TT-BTP regulating the content of birth registration requires: “The last name, ethnicity and full name of the child must be determined in compliance with regulations of laws and in a manner that honors national identity and fine traditions and customs of Vietnam; the name shall not be too long or hard to use”. However, this regulation lacks transparency and clarity because there is no standard to determine how a name is considered as preserving the national identity, custom and how many words of the name are considered too long.

For abandoned children whose biological parents have not yet been identified, the child’s family name shall be determined based on actual circumstances as prescribed in Clause 2, Article 26 of the Civil Code. If the child has been adopted, the child’s family name is determined according to the adoptive father’s or adoptive mother’s according to the agreement of the adoptive parents and the birth registration will be done by the adoptive father or mother. If the child has not been adopted, the child’s family name shall be determined at the request of the head of such child-nursing establishment or the request of the person requesting birth registration for the child.

Currently, following the trend of integration, many parents want to name their children a foreign name. Based on the above provisions and principles, the law of our country does not allow that. In the case of a child whose parent is a foreigner, Clause 2, Article 16 of the 2008 Law on Vietnamese Nationality stipulates: “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. In case a child is born in the Vietnamese territory but his/her parents fail to reach an agreement on the selection of his/her nationality, the child has Vietnamese nationality”. Thus, if the child has Vietnamese nationality, he/she is still not named after a foreign name even though the parent is a foreigner. On the contrary, if the parents both agree for the child to have a foreign nationality, the naming of the child will follow the regulations of that country instead of the regulations of Vietnam.

The law of our country has promulgated regulations on naming, which the family and given names must meet these regulations to be recorded on the Birth Certificate. Parents need to pay attention to this so that the birth registration process for the child is convenient, minimizing errors.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn: https://antlawyers.vn/library/how-to-name-a-child-on-birth-certificate-under-vietnam-law.html

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What Makes Application for Work Permit in Vietnam Challenging After Covid?

   Given international integration and the needs of the Vietnamese labor market, the number of foreigners working in our country is increasing. In order to ensure the stability of the labor market and the management of competent authorities, the Labor Code requires foreigners to have a work permit, except in some special cases. After the Covid pandemic, the work permit application has gradually been normalized again. However, foreign workers still face some difficulties in the process of applying for a work permit.

Firstly, the application for issuance of a work permit specified in Article 9 of Decree 152/2020/ND-CP lists many documents and papers that employees must prepare. In particular, clause 2 of this article requires: “Health fitness to work certificate issued by a foreign or Vietnamese competent health facility issued within 12 months…”. However, due to the impact of the Covid epidemic, the health of workers in general and foreigners in particular in many situations is not qualified for a Health Certificate. Their application will be rejected because of this reason. In addition, the large number of documents that must be prepared in the application makes it difficult for both the employer and the employee. Collecting all of these documents is complex, time-consuming, expensive, and involves numerous procedures, especially when there are documents written in other languages. Clause 10, Article 9 of the Decree stipulates the consular legalization of foreign papers and authentication of copies. Although this regulation helps to assure the authenticity of documents, the consular legalization procedure is not popular, so not everyone knows how to do it, which leads to time wasted.

Secondly, the process of obtaining a work permit is long with many different procedures such as applying to accept the demand for foreign workers, preparing documents and submitting documents. As previously discussed, the number of documents in the application is relatively large, so the preparation process also takes a lot of time. In urgent cases where it is necessary to employ foreign workers immediately or within a short period of time, obtaining permits will hinder this demand and make it difficult for employers. Therefore, the legislature should consider shortening the procedure for granting work permits as well as simplifying the documents to be submitted, creating favorable conditions for employers and employees; thereby, encouraging high-quality foreign workers with many skills and experiences to participate in the Vietnamese labor market.

In conclusion, the two biggest difficulties people encounter when applying for a work permit in Vietnam are: (1) requiring too many documents and papers in the application and (2) taking a lot of time with many procedures. Due to these difficulties, in practice, many businesses are concerned about using foreign workers or using foreign workers without applying for a permit. This makes the management and control of the labor market by the competent authority more difficult. Therefore, Vietnamese law needs to consider amending and supplementing the regulations governing the issuance of work permits in Vietnam.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

ANT Lawyers – a law firm in Vietnam will always follow up with authorities for legal update on matters relevant to work permit to update clients on regular basis.

Nguồn: https://antlawyers.vn/library/what-makes-application-for-work-permit-in-vietnam-challenging-after-covid.html

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