What Are the Procedures for Applying the Enterprise Registration Certificate for Foreign Investor in Vietnam?

  According to Viet Nam’s commitments under the framework of the WTO and EVFTA agreement, foreign investors are allowed to establish foreign-invested enterprises to conduct business activities in Vietnam. However, the order and procedures for establishing enterprises for foreign investors must comply with the provisions of Vietnamese law.

Accordingly, this process consists of two main steps: (1) carry out the procedures for applying for the Investment Registration Certificate and (2) carry out the procedures for applying for the Enterprise Registration Certificate. In other words, to be granted the Enterprise Registration Certificate to officially and legally conduct business activities, a foreign investor must first obtain an Investment Registration Certificate.

For investment registration, foreign investors must have an investment project, except in the case of establishing a creative start-up small and medium-sized enterprise and an innovative start-up investment fund under the law on business support small and medium. The industries and trades in the investment project must not be in the industries and trades that prevent the access the market for foreign investors or the industries and trades being banned from doing business under the Law on Investment 2020. After that, investors need to prepare a dossier for issuance of the Investment Registration Certificate to be submitted to the Department of Planning and Investment where the investor implements the investment project.

Dossier for applying for the investment registration certificate includes: an application for issuance of the investment certificate; the Investor’s financial capacity report is prepared and responsible by the Investor; an explanation of the ability to meet the conditions that the investment project must satisfy according to the provisions of law for the project in the field of conditional investment; the economic – technical explanation includes the following main contents: objectives, scale, investment location, investment capital, project implementation progress, land use demand, technological solutions and solutions environmental legislation; draft of the company’s charter with full signatures of the legal representative, members or authorized representatives; members list; documents for verifying the investor’s legal status; documents for verifying financial ability. The investment registration authority repond to the application for the Investment Registration Certificate to the investor within 15 days from the date of receipt of a valid dossier.

After being granted the Investment Registration Certificate, the foreign investor shall carry out the procedures to be granted the Enterprise Registration Certificate. In this step, the legal conditions are not as strict and complicated as the first step, but it also requires investors to prepare a number of papers and documents. Depending on the type of enterprise and the content of registration, the business registration subject needs to submit different types of documents under the requirements of the law. Investors can submit the dossier in person at the Business Registration Office or submit it online via the electronic network. The Business Registration Office shall issue the Enterprise Registration Certificate within 03 working days from the date of receipt of a valid dossier. In case the dossier is invalid or the name of the enterprise requested for registration is not in accordance with regulations, the Business Registration Office must notify in writing the contents that need to be amended, supplemented to the enterprise founder or the enterprise within 03 working days from the date of receipt of the dossier.

It can be remarked that the two-step process creates obstacles for many foreign investors when establishing an enterprise in Vietnam. It has been suggested the legislator to consider shortening the order and reducing the number of documents that need to be submitted, and at the same time, promote the online procedures to save time and human resources. For efficiency in preparing documents, the client could engage a lawyer in Vietnam to assist carrying out procedures of setting up company and applying for investment and business certificate in Vietnam.

Source: https://antlawyers.vn/business/what-are-the-procedures-for-applying-the-enterprise-registration-certificate-for-foreign-investor-in-vietnam.html

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How to Prepare and File a Lawsuit in Vietnam?

  1. Why consult with litigation lawyers in Vietnam for advice?

If two parties have a dispute over a commercial matter in Vietnam, they should try to resolve disputes through negotiation, or mediation before considering to file a lawsuit against the other at a court in Vietnam.  If the negotiation does not produce positive result, it is suggested to seek advice and representation from litigation lawyers in Vietnam for effective solutions.  Filing a lawsuit will take time and resources. Let the professional handle the matters so as you and your team could free your time and focus on your business.  

2. What to include in the petition to start litigation in Vietnam?

When it comes to the point of not being able to resolve the disputes through negotiation or mediation, parties have right to a fair trial.  One of the party has to start the litigation process.  Each of the party would need to have litigation lawyers in Vietnam to advice and represent for effective outcomes.

To implement their right to sue, the claimant must prepare and submit the claim at the competent court in Vietnam. The litigation lawyers in Vietnam with experience and understanding the litigation process should be invited at the early stage to advise, represent and prepare to defend the client.  

The claim filing should include the petition and the supporting documents.  The petition is the most important legal document for the court to review and resolve the claim of the plaintiff, as such it should be carefully prepared to meet the requirements of the form, authority, and further contain information about the plaintiff, defendant, summary of the case and the request of the plaintiff.

The contents of the petition must be presented in full, brief, clear, and in logic.  The claimant with the support of litigation lawyers in Vietnam should provide all documents, and evidence to prove the merit of the claim including contract, purchase order, separate terms and conditions, appendixes (if any), minutes of meetings of negotiations, invoices, delivery proof, legal status of claimant and defendant, documents to determine the legal status of the representative of the claimant such as appointment decision, power of attorney.  The defendant with the help of litigation lawyers in Vietnam should also prepare the same to respond and defend the client.

In order for the document issued in foreign country to be valid in Vietnam, the documents presented have to be original or notarized, legalized and authenticated copy and translated into Vietnamese in accordance with Vietnam laws.

3. How the court review the petition and acknowledge receipt?

When the claim has been filed at the competent court in Vietnam provided all conditions of acceptance are met, the court will notify the claimant or its representative know the court fees. When the claimant advances the court fee, the case will be recorded and brought into the process for settlement.

4. How the judge will be appointed and trial will be heard in Vietnam court?

At the trial preparation process, the case will be assigned to a judge whom after studying would request parties to present additional necessary papers and documents relating to the case.  Parties or their representative would then be requested to meet the judge to provide further information or testimony or attend reconciliation.  If the disputing parties could successfully resolve disputes with each other, the court will make a record to acknowledge the successful reconciliation and issue the decision to recognize the agreement of the parties. Where reconciliation fails, the court records that and shall issue the decision to bring the case to trial for hearing and judgement.

How litigation lawyers in Vietnam could help?

Disagreements or disputes arise when parties can not agree on issues related to contract provisions, expected outcome or performance standards…There are cases when the dispute is over a debt obligations matters which a debt recovery law firm could assist at an early stage to manage the collection process pre-litigations including negotiations and managing expectations of both sides. 

In many cases, involving a litigation lawyers in Vietnam would help resolve the dispute effectively when a strategies are mapped out and pursued. 

There could be many works could be done when disputes arise til the time to submit a petition.  The litigation lawyers in Vietnam could represent the claimant to advise from the collecting of evidence, preparing the evidence in the right order, assisting to make the evidence legitimate and could be used at the trial hearing.   

Further, the litigation lawyers could draft demand letters sending to the defendant to exchange legal opinions about the disputed matters, and officially make the demand to show the expectation of the claimant. 

The litigation lawyers in Vietnam also represent the claimant to meet with defendant to discuss and negotiation if that helps saving time and cost for the client. 

About ANT Lawyers, a law firm 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 has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/library/how-to-prepare-and-file-a-lawsuit-in-vietnam.html

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Why Client Should Retain Real Estate Lawyers in Vietnam?

  Laws on land is complicated in Vietnam

Due to changes in law attracting foreigners to come to live, and invest in Vietnam, foreigners have growing interest in investment and acquiring real estate.  However, as real estate is valuable assets, the law on real estate ownership and real estate transactions are complicated, especially for foreigners.  It is important to engage real estate lawyers in Vietnam for advice and representation.

People can not own land in Vietnam

Under the land ownership regime in Vietnam, land belongs to the entire people with the State acting as the owner’s representative and uniformly managing land.  Hence, in Vietnam, the land users will have the land use right without the private ownership of the land.  Land law 2013 does not allow foreigner to have land use rights in Vietnam. It only allows foreign invested enterprises to be permitted to use land through the form of land allocation or lease.

Although foreigner do not have land use rights in Vietnam, they are allowed to own houses in Vietnam under the Law on Housing. In addition, the Law on Real Estate Business has certain limitations for foreign investors to conduct real estate business in Vietnam and must meet the legal requirements.

Foreign investors investing in Vietnam wish to use the land to conduct business activities, or intend to conduct real estate business in Vietnam, or simply a foreigner wishing to purchase and own real estate in Vietnam should be aware of the legal provisions on conditions of implementation, orders and procedures to of the transactions to minimize risks.  The assistance of the lawyers on real estate in Vietnam shall be worthwhile.

How real estate lawyers in Vietnam could help?

Real estate lawyers in Vietnam would have in-depth knowledge of the Land Law, Law on Housing, Law on Real Estate Business and related regulations. In addition, they would have practical experience in implementing legal procedures, handling disputes, and supporting real estate transactions in Vietnam. The real estate lawyers could explain the restrictions on land use rights of foreign organizations and individuals in Vietnam and the conditions for conducting business in real estate in Vietnam.  The lawyers at request could assist the foreigners with the process and procedures to work with state agencies to obtain land use rights for enterprise and home ownership rights for individual more effectively.

When conducting transactions related to real estate such as buying, selling, transferring, renting, leasing, real estate lawyers in Vietnam could also provide assistance in in legal due diligence of the real estate to minimize legal risk to clients. It is important to evaluate the legal status of the property, the owner of property, whether property is in dispute, or subject to additional requirements of government before being sold by the developer and the people eligible for entering into the transaction. In addition, the lawyers in Vietnam can advise clients to draft or review the agreements, sales contract as well as the process to legalize the process to comply with the law in Vietnam.

Source: https://antlawyers.vn/library/why-client-should-retain-real-estate-lawyers-in-vietnam.html

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How Foreigners Could Buy Real Estate in Vietnam?

  

Can foreigners buy real estate in Vietnam?

Regulations on foreigners whom wish to buy real estate in Vietnam are regulated in Civil Code, Law on Land, Law on Housing, and other on decrees that guide the Law on Housing and related documents.

Can foreigners buy land in Vietnam?

For land, foreign individuals are not eligible to use land assigned or leased by the State, recognized land use rights, received transfer of land use rights. However, a foreign-invested enterprise could be allocated or leased land by the State, recognized land use rights, or received a land use right transfer. Foreign-invested enterprises that are assigned land by the State with the collection of land use levies to execute investment projects on the construction of houses for sale or for sale in combination with lease.

Can foreigners buy houses in Vietnam? or can foreigner buy apartments in Vietnam?

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

The foreign entities are eligible for the homeownership in Vietnam if they invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law; or buy, rent and purchase, receive, or inherit commercial housing including apartments and separate houses in the project for housing construction, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

What conditions to meet when foreigners buy real estate in Vietnam?

Foreign organizations and individuals must have documents proving being the eligible subjects and meeting conditions to own houses in Vietnam. A foreign individual must have an unexpired passport bearing the entry seal of the Vietnam’s immigration authority and not given diplomatic immunity and privileges according to Ordinance on diplomatic immunity and privileges of diplomatic missions, consular offices, and representative authorities of international organizations in Vietnam. Foreign organizations must be subjects of owning houses in Vietnam which have investment registration certificate or a permission issued by a Vietnam’s competent authority for operation in Vietnam which is still unexpired at the time of housing transaction (hereinafter referred to as investment registration certificate).

A foreign entity shall not be granted a Certificate of the house and may only sell or offer it to another entity eligible to own housing in Vietnam in the case being: a foreign organization or individual receives a house as an inheritance or a gift which is located in an area in which foreign entities must not own houses, or the quantity of which exceeds the permissible limits; a foreign organization that does not operate in Vietnam, or a foreign individual who is not permitted to enter Vietnam, receives a house in Vietnam as a gift or an inheritance.

For specific situations, to avoid future dispute in house ownership arisen from the purchase, lease of property, house, land from the state, developer or other seller, or lessor it is important that the client check with dispute property lawyers in Vietnam for eligibility, conditions and other relevant matters.

How real estate lawyers in Vietnam could help client to buy real estate in Vietnam?

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest protection, risk mitigation and regulatory compliance. 

Source: https://antlawyers.vn/update/how-foreigners-could-buy-real-estate-in-vietnam.html

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2023 Tax Filing Deadlines Shared by Tax Lawyers in Vietnam

  

You should not miss tax submissions deadlines 

According to the provisions of Vietnam tax law, on monthly or quarterly companies will need to submit various types of tax reports and tax returns: License fees; Value added tax declaration; Personal income tax return; Corporate income tax finalization declaration. In here, the tax lawyers in Vietnam will forewarns companies on some deadlines not to miss.

Knowing the deadlines for submitting tax reports and paying taxes on time not only helps companies proactively capture information and arrange for tax payment in accordance with state regulations, but also avoids many risks. Risk of penalties for violations in the field of tax laws occur if the declaration is filed late, or not filed. Company also could hire professional specializing in tax matters or tax lawyers for advice in the area of tax compliance in Vietnam to improve the efficiency and optimize business strategies.

What is deadline for filing Vietnam annual license fee?

Annual license fee is the amount the enterprise must pay annually based on the amount of charter capital stated on the certificate of business registration, and to be paid annually since the starting of the business. The company(except business households and business individuals) which has been newly established (including small and medium-sized enterprises converting from household businesses) or has established more dependent units, business locations has to file the license fee declaration dossiers no later than January 30th of the following the year of establishment or starting of business activities, production and business activities. In case the enterprise has a change in charter capital during the year, the enterprise shall submit the license fee declaration dossier no later than January 30th of the year following the year in which the changed information arises.

What is deadline for filing value added tax (VAT) in Vietnam?

 This is an indirect tax, calculated based on the added value of goods and services that consumers have to pay when buying goods or services. The person who directly fulfills the tax payment obligation to the tax authority will be an enterprise or a production unit. The deadline for submitting VAT declaration dossiers is the 20th day of the month following the month in which the tax liability arises, for enterprises that declare and pay monthly; and the last day of the first month of the quarter following the quarter in which tax obligations arise for enterprises that declare and pay quarterly.

What is deadline for filing corporate income tax (CIT) in Vietnam?

Corporate income tax is a tax calculated based on the profit of an enterprise, which is a percentage of the positive result of revenue after deducting reasonable expenses i.e. cost of goods or services, rent, salary, travel,… as prescribed by the Law on Corporate Income Tax. For corporate income tax, enterprises will temporarily pay quarterly, and the deadline for tax payment is the 30th day of the first month of the next quarter.

What is deadline for filing personal income tax (PIT) in Vietnam?

Personal income tax is a tax paid by a company on behalf of employees working at the company. Personal income tax is calculated on a monthly basis, and be declared monthly or quarterly and settled annually. If the enterprise declares and pays personal income tax on a monthly basis (in case the enterprise declares value added tax on a monthly basis and the payable personal income tax amount in the month of VND 50 million or more), the deadline of filing PIT is no later than the 20th day of the following month. If the enterprises declare and pay personal income tax quarterly (in case the enterprise declares value added tax quarterly or the enterprise declares value added tax on a monthly basis and the amount of personal income tax must be paid is less than 50 million dong in a month), the deadline for filing PIT is no later than the 30th day of the next quarter.

Tax lawyers in Vietnam will help advise on tax regulations

It is important to file tax reports of all kinds on time but it is also equally important to manage the tax filing, and paying properly in a way that maximize the benefits of the company according to tax law taking advantage of deduction allowable by laws. Hence tax experts and tax lawyers could be consulted for advice on the regulations and tax laws in Vietnam.

ANT Lawyers, a law firm in Vietnam will always follow up with authorities for legal update on matters relevant to international trade and tax to update clients on regular basis.

Source: https://antlawyers.vn/library/tax-filing-deadlines-you-need-to-know-in-vietnam.html

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Criminal Record Service in Vietnam

  Criminal record cards or Police check provides criminal or judicial information about a person in Vietnam. Individual could apply for criminal record him/herself or seek help from criminal record service in Vietnam. The Vietnam law on criminal record governs the process to obtain the criminal records cards.  

Why one needs criminal record in Vietnam?

In Vietnam, individuals may need a criminal record certificate for various purposes. Some common situations where a criminal record certificate might be required include:

Employment: Certain employers, especially government agencies, private companies, or organizations dealing with sensitive information or security matters, may request a criminal record certificate as part of the job application process. This is to ensure the applicant does not have any criminal history that could be a potential risk to the organization or its clients.

Visa and Immigration: When applying for certain types of visas or residency permits in Vietnam or in another country, the immigration authorities may require a criminal record certificate as part of the visa application process. This is to assess the applicant’s background and determine if they pose any security risks.

Adoption: For individuals looking to adopt a child in Vietnam or from Vietnam, a criminal record certificate might be required by the adoption authorities to ensure the prospective parent(s) meet the necessary criteria for suitability.

Education and Training: Some educational institutions or training programs, especially those involving vulnerable populations like children or vulnerable adults, may require a criminal record certificate from prospective teachers, instructors, or volunteers.

Licensing and Certification: Certain professions or activities may require individuals to provide a criminal record certificate as part of the licensing or certification process. This could include roles in healthcare, law enforcement, security services, or financial sectors. Part of documents applying work permit in Vietnam also include criminal record card.

How to apply for criminal record in Vietnam?

Accordingly, to obtain the Criminal Record cards in Vietnam, the applicant must apply at the provincial/ municipal Justice Department in Vietnam. 

For foreigners residing in Vietnam, he/she has to submit the request to the Department of Justice where he/she resides and receives the results at Justice Department.

Documents required are:

i) the written application form;

ii) certified photocopies of passports;

iii) a copy of the permanent or Temporary resident card in Vietnam;

iv) authorization letter in case of authorized application for Criminal Record card (if the authorized persons are not the parents, spouse or children). The written authorization must be certified or authenticated in accordance with the law;

v) application letter for granting Criminal Record.

During the process of applying for the Criminal Record, the applicant might has to work with the Public Securities agencies; the Court: in case there are not sufficient evidence at the police agencies to conclude that the applicant has no criminal records or the content of the applicant’s criminal records is not clear; People’s Committees of communes, wards and townships; agencies, organizations and agencies related proceedings: in case of coordination to verify the conditions of having his/her conviction automatically written off.

How to request criminal record service in Vietnam when you are not in Vietnam?

In practice, there are cases when the foreigner already left Vietnam and now he/she is in need of criminal record for the time he/she resided in Vietnam.  You could authorize a law firm in Vietnam to assist.  We have successfully assist clients in various cases and that we would provide criminal record service in Vietnam for the client.

Our lawyers in Vietnam constantly follow up with changes of law to provide the client with update for better decision making process.

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 doing business in Vietnam.

ANT lawyers have attorneys in Hanoi, Ho Chi Minh and Danang. 

Source: https://antlawyers.vn/library/criminal-record-in-vietnam.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 in Vietnam to live in Vietnam instead of applying and re-newing business or travel visas every three months.

Procedures to prepare for temporary residence card in Vietnam

Subjects to be granted temporary residence card in Vietnam:

• 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.

The dossiers for application of temporary residence card in Vietnam:

• 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 requires 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.

Implementing agencies for temporary residence card in Vietnam:

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

Implementation time for temporary residence card in Vietnam:

05 to 07 days;

How immigration and employment lawyers in Vietnam could help?

It takes time to prepare the documents in the correct ways.  We help the client saves time and cost by providing professional advice and representation.  ANT Lawyers law firm is a law firm in Vietnam with offices in Hanoi, Da Nang and Ho Chi Minh city.  Our immigration and employment lawyers in Vietnam help the client   comply with the laws while doing business in Vietnam.

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

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