Joint Circular 02/2016/TTLT BNG-BTP on Civil Status Registration in Vietnam Consular Office Abroad

Joint Circular 02/2016/TTLT BNG-BTP of the Ministry of Foreign Affairs and the Ministry of Justice regulates the registration and management of civil status at the diplomatic mission agency, consular representative offices of Vietnam in foreign country. The Joint Circular is issued on June 30th 2016.

Under the provisions of this Circular, representative offices in the consular area where the parent of the child resides or where the child was born have to perform birth registration for the children that were born abroad, not yet performed birth registration in foreign competent authority and fall into one of the following cases, such as: Having parents who are nationals of Vietnam; Having mother who is Vietnam citizen, the father is a stateless or unidentified person; Having father or mother who is citizen of Vietnam, the remaining person is foreigner, the parents have written agreement on choosing Vietnam nationality for the child when implementing birth registration.

Birth registration dossier includes: Birth registration declaration; Birth certification or other documents issued by the competent authority certifying that the child is born abroad and the relations between mother and child; The written agreement of the parents on choosing Vietnam nationality for the child if the child has father or mother who is foreigner.

This Joint Circular takes effect from August 15th 2016.

ANT Lawyers is a Vietnam law firm with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing representation or legal services in Vietnam who are seeking reasonable and competitive solutions without compromising on service quality.

For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, visit www.antlawyers.vn.

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Circular 24/2016/TT-BXD on Management of Construction Investment Projects

Compared with Circular 17/2016, Circular 24/2016 amended some contents as follow:

Amend the regulations on the practicing certificate that have been granted before the time the Circular 17 takes effect as follows:

+ With the certificate stating the validity period, it is entitled to continue to use until expiration. For one that does not state the validity period, it can be used until June 30th 2016.

+ Circular 24/2016/BXD prescribes that from the date that Circular 17 took effect, individuals that have the above-mentioned certificates, if there is demand for conversion then it could be implemented in accordance with Circular 17/2016. If there is no demand for conversion, then the level of the practicing certificate is defined as follows: Based on the conditions on the issuance of practicing certificate in Decree 59/CP to implement the declaration and self-identified the level of practicing certificate.

+ Individuals that have the construction supervision/construction design certificates are allowed to practice construction inspection till December 31st 2016.

+ Individuals have the practicing certificate expired from the date March 1st 2016 are allowed to continue to practice till end of December 31st 2016.

In addition, Circular 24 also amend and supplement some issues as follows:

+ The appendix on the declaration of professional work experience and determine the construction practicing certificate level.

+ The appendix on the symbol of the issue place of the construction practicing/construction capability certificates.

Regulations on examination, certification of the practicing certificate will be implemented from December 1st 2016.

Compared with Circular 18/2016/TT-BXD, Circular 24 abolishes Paragraph 3 of Article 13 on the evaluation, design and cost estimation of construction project.

Circular 24/2016/TT-BXD takes effect from September 1st 2016.

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Criminal Record Granting for Foreigner

In order to be granted the work permit for foreigner, completing the immigration or reside procedures in a country, foreigners who are or have been residing in Vietnam must apply for a criminal record for the time that they residing in Vietnam.

Foreigners who are or have been temporarily residing in Vietnam have the right to request the Department of Justice of the province or city where they are residing or the National Centre for Criminal Record to issue the criminal record, in order to confirm that people have or do not have criminal records while residing in Vietnam. The person requesting for criminal record card can authorize another person on their behalf to complete procedures to obtain the criminal record.

ANT Lawyers can assist clients to apply for: Criminal record card no 1 and Criminal record card no 2

Individual when requesting for criminal record issuance have to provide the following documents:

• For Vietnamese:

– A written declaration requesting for the issuance of criminal record;

– Certified copy of identity card, passport, family record book, temporary residence book, temporary residence card, permanent resident card in Vietnam (should present the original for comparison);

– Confirmation of permanent residence in Vietnam before leaving the country (applies to Vietnamese who are living in foreign countries).

• For Foreigner:

– A written declaration requesting for the issuance of criminal record;

– Copy of the passport and visa that are still valid;

– Confirmation of temporary residence in Vietnam.

Implementation time: 3-7 working days.

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Cases that Foreigners Do Not Have to Apply for Work Permit

Pursuant to Decree No. 11/2016/ND-CP of the Government that will take effect April 1st 2016, the below cases of foreigner will not have to apply for work permit in Vietnam:

• As capital contributing members or the owner of limited liability company.
• As member of the Managing Board of the joint stock company.
• As Head of the representative office, project of international organizations, non-governmental organizations in Vietnam.
• Entry into Vietnam for less than 03 months to carry out the service offering.
• Entry into Vietnam for less than 03 months to handle the incidents, technical situations and complicated technology arising that influence or threaten to production and business that Vietnam expert and foreign experts that currently in Vietnam cannot handle.
• As foreign lawyers that are licensed to practice law in Vietnam under the provisions of the Law on Lawyers.
• Under the provisions of the international treaties in which the Socialist Republic of Vietnam is a member.
• As pupils and students studying in Vietnam and working in Vietnam but the employer must notify 07 days with state authorities on the provincial labor.
• Moving within the enterprises in the range of 11 service sectors in the service commitments of Vietnam to the World Trade Organization, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture and transport;
• Entry into Vietnam to provide advisory services and technical expertise or perform other tasks to serve the research, construction, appraisal, monitoring, evaluation, management and implementation of programs and projects funded with official development assistance (ODA) as prescribed or agreed in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries;
• Granted the work permit on information and press in Vietnam by the Vietnam Ministry of Foreign Affairs in accordance with law;
• Sent to Vietnam by agencies and foreign organizations to teach and research in the international school under the jurisdiction of the foreign diplomatic representative agencies or international organizations in Vietnam or the Ministry of Education and Training certificated for teaching and researching in the educational and training institutions in Vietnam;
• Volunteers certified by the foreign diplomatic representative agencies or international organizations in Vietnam
• Entry into Vietnam working in the positions of professional, manager, executive or technical employees with working duration of less than 30 days and no more than 90 cumulative days in 01 years;
• Entry into Vietnam to implement international agreements that agencies and organizations at the central and province have signed as in accordance with law;
• Pupils and students studying in abroad schools and training institutions that have internship agreements in the agencies, organizations and enterprises in Vietnam;
• Relatives of members of foreign representatives in Vietnam working after licensed by the Ministry of Foreign Affairs, except the case where international treaties that the Socialist Republic of Vietnam is a member that have other regulations;
• Have official passport to work for state agencies, political organizations and political – social organizations;
• Other cases decided by the Prime Minister on the proposal of the Ministry of Labour – Invalids and Social Affairs.

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Revocation of the Work Permit

Cases that the work permit is revoked are:

a) The contents in the dossiers requesting for the issuance and re-issuance of work permit are fake;

b) The work permit has expired;

c) Foreign workers or employers do not comply with the contents stating in the work permit;

d) Termination of the labor contract;

e) The content of the labor contract is not true to the content of the work permit that has been issued;

f) The contracts or agreements on economic, trade, financial, banking, insurance, science and technology, culture, sport, education, vocational training, health care have expired or terminated;

g) There is document of the foreign party announced that they stopped sending foreign workers to work in Vietnam;

h) The employers terminate their business operations;

i) The foreign workers are imprisoned, dead or missing according to the statement of the Court;

k) The competent agency or organization request in written on the recall of work permit due to the violation of the provisions of the law of Vietnam by the foreign employees.

Department of Labor – Invalids and Social Affairs is authorized to revoke the work permit that has been granted.

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License to Organize International Conference for Business

The organizing of international conference or conference without international element must be approved by the competent state authority in accordance with law. The reason is that the conferences have to be managed by the authorities competent in terms of the contents of the conference, ensuring that no policies and laws are violated.

In this article the author would like to introduce the order and procedures for organizing international conference in Vietnam under the provisions of the current law of Vietnam.

International conference is a meeting activity with foreign element that is held in the form of a direct meeting on the territory of Vietnam, or held in the online form with at least one bridgehead is within the territorial of Vietnam. It includes:

– Conferences organized by Vietnam agencies and organizations with the foreign participation or sponsorship;

– Conferences organized by foreign agencies and organizations.

Under the provisions of the law of Vietnam, the competent authority that permit the organization of international conference is Prime Minister for the high-level international conference with participants are heads, officials, ministers or equivalent positions of countries, territories and international organizations; international conference with contents related to politics, security, defense, ethnic, religion, human right, border or within the range of state secrets. The heads of the central and local authorities have right to decide on the organization of international conferences that are not under the above cases and in accordance with the powers and responsibilities of their management.

In order to get the license to organize international conference, organizations have to follow the following procedures:

– Get written opinion of the management authority. The management authority has the responsibility to respond in writing within a period not exceeding 15 days from the date of receipt of the request.

– Have the report together with organizational scheme and submit to the heads of the competent authority for approval. The time limit for submission is at least 20 days before the expected organizing day. The scheme must specify:

+ The reason, name of organization, purpose of the conference;

+ Time and venue for conference organization; attractions, surveys (if any);

+ Form and technology of the conference organization (in the case of organizing online conference);

+ Contents, work programs and activities on the sidelines of conference;

+ Participants in the organization of conference: the Vietnam authorities, the foreign agencies, funding agencies (if any);

+ Participants: number and structure of participants, including Vietnam and foreign delegates;

+ Funds;

+ Written opinion of the concerned agencies and localities (if any).

– Conducting conference in accordance with programs and schemes that have been approved by the competent authorities; complying with the current regulations on spending and the financial settlement.

– Send a report summarizing the results of conference for heads of the competent authority that has approved the conference organization within 15 days after the end of the conference.

Finally, it is clear that Vietnam law has fairly tight regulations on the procedure to organize international conference, aimed at eliminating the spreading of unhealthy information, opposing the policy of the state, creating healthy media and culture environment.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779

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Decree No. 59/2015/ND-CP on Management of Construction Investment Project

On June 18th 2015, the Government issued Decree No. 59/2015/ND-CP on the management of construction investment project. Notably, there is provision on the issuance of construction practicing certificate for individuals who are Vietnam citizen, foreigners that are legally conduct construction activities in Vietnam to take over the position, engaging in works for that position or independent practicing as prescribed.

In order to be certified, individuals must have the capacity for civil acts; have residence permit in Vietnam (for foreigners and Vietnamese residing abroad); meets the requirements of professional, experience examination and legal knowledge relating to the professional practicing field; have university degree in suitable majors, have experiences joining the work with the content requesting for practicing certificate issuance from 7 years or more for the grade I certificate, 5 years for the grade II certificate and 3 years if individuals have university degree or from 5 years if they have degree of college, professional secondary school for the grade III certificate.

Construction practicing certificate is valid for the maximum period of 5 years. The construction practicing certificates that were granted by competent State agencies are allowed to continue to use until expiry; after March 1st 2016, individuals wishing to use practicing certificate must implement procedures requesting for certificate issuance under the new rules.

Particularly for individuals, foreigners or Vietnamese residing abroad that had practicing certificates which are granted by the foreign agencies and organization, when practice construction activities in Vietnam from 6 months upwards shall be recognized to practice. The case of practicing in Vietnam from 6 months upwards, it is necessary to convert the certificate at the Ministry of Construction.

Other notable content of the Decree is the regulation on the publication of information about capacity of the organizations involved in construction activities. Accordingly, organizations involving in the construction works have to submit information about their capabilities to the professional agencies to to be posted publicly on the website managed by that agency.

This information is the basis for the selection of organizations and individuals involved in the planning, establishment and verification of the construction project; management of construction investment project; surveying, construction supervision…

Decree No. 59/2015/ND-CP takes effect from August 5th 2015.

ANT Lawyers is a Vietnamese law firm in Vietnam with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

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

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Official Letter 3593/TCT-KK on Value-Added Tax Refund

On August 11th 2016, the General Department of Taxation issued Official Letter 3593/TCT-KK to implement and introduce the new contents of Circular 99/2016/TT-BTC providing guidelines on the management of value-added tax (VAT) refund.

Accordingly, the preparation and submission of VAT refund document have some new features:

Guide to the object that must have written authorization document of the enterprise’s head office when recommending for VAT refund as follows:

+ Is a branch, subsidiary unit of taxpayer under Paragraph 1, Article 45 of the Law on Enterprise 2014; and

+ Is not an accounting unit that preparing financial statement in accordance with Paragraph 4, Article 3 of the Law on Accounting 2015.

(Previously, it is required to have the written authorization document of the enterprise’s headquarters in the process of VAT refund implementation, which is prescribed in Document 18832/BTC-TCT on December 17th 2015).

Supplement new regulation in the case that taxpayer has sent the tax refund request to the tax authorities but later submitting a written cancellation document for tax refund.

Taxpayer is allowed to adjust and supplement the amount of tax that is suggested for gyration and deduction in the VAT declaration form of the next declaration period if eligible for VAT deduction.

ANT Lawyers is a Vietnam law firm with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing representation or legal services in Vietnam who are seeking reasonable and competitive solutions without compromising on service quality.

For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, visit www.antlawyers.vn.

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LICENSING FOR FOREIGN CONTRACTOR

Under the provisions of the Vietnam law for operations of foreign contractors in Vietnam in the fields: investment and construction consulting, supply of materials and technology equipment together with technical services related to the construction works, construction of work, foreign contractors must apply for a contractor license.

Conditions for obtaining permits for foreign contractor in Vietnam:

Case for bidding packages that are subject to compulsory application in accordance with the bidding law of Vietnam: Won the bid or select the bid.

– Had won the bid or can select the bid.

– Had forwarding bid contract.

Case for bidding packages that are not subject to compulsory application in accordance with the bidding law of Vietnam:

– Had won the bid or can select the bid.

– Had forwarding bid contract.

Meeting all the conditions and capability that are consistent with contracted works prescribed by the law of Vietnam.

In all cases that foreign contractors are assigned the bid (due to win the bid through bidding or select the bid), foreign contractors have to codeshare with Vietnam contractors or have to use Vietnam sub-contractors (except the cases that are allowed by Prime Minister or prescribed by the law of Vietnam).

Foreign contractors have to commit to fully implement the provisions of the law of Vietnam relating to contracting activities in Vietnam.

For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, visit www.antlawyers.vn.

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New Guidelines on the Time of Submission of C/O

The Ministry of Finance has issued Official Letter 12802/BTC-TCHQ provides for the time of submission of the Certificates of Origin (C/O).

Accordingly, the time of submission of the C/O forms (except C/O with VK form) is as follows:

– For paper customs declaration form, the original C/O must be submitted at the time of registration of customs declaration.

– For electronic customs declaration form, the original C/O must submitted at the time of submission of customs declaration.

The customs authorities only consider the C/O additional filling suggestion in the following cases:

– At the time of registration of the customs declaration, with the HS code declaration, the MFN tax rate is lower than or equal to the special preferential tax but after customs clearance, identifying that the MFN tax rate is higher than the special preferential tax rate;

– At the time of registration of customs declaration, goods that are subject to investment incentives are exempt from import tax but after the customs clearance, identifying that goods are not subject to investment incentives.

Official Letter 12802/BTC-TCHQ is issued in September 14th 2016.

See more:

Set up company in Vietnam

Set-up business in Ho Chi Minh City

register copyright in Vietnam

ANT Lawyers is a Vietnam law firm with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing representation or legal services in Vietnam who are seeking reasonable and competitive solutions without compromising on service quality.

For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, visit www.antlawyers.vn.

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Invention and utility solution in Vietnam

Under Intellectual Property Law of Vietnam, invention is a technical solution which must be of worldwide novelty, involves inventive steps and is applicable in various social and economic fields.

The subject of invention and utility solution may be a device, process, substance, microorganisms, cell culture, and use thereof in accordance with a new function. Subject shall not be protected as inventions include: plant or animal varieties; method for prevention, diagnosis or treatment of diseases in human being, animals or plants; topographical design of integrated circuits; computer programs.

ANT Lawyers provides clients patent services as following:

• Advise legal matters and the patent-ability of inventions and utility solutions in Vietnam and in abroad;
• Conduct patent searches and provide information on invention or utility solution, advice measures to protect patent or utility solution in Vietnam and abroad;
• Complete the applications (including translating, writing patent description, preparing illustrative drawings of patent) and file to register invention license or utility solution;
• Enforce the invention or utility solution rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.
• Advise matters related to maintenance, payment of maintenance fee; recording of all changes of patent application/registrations;
• Draft, evaluate, register usage or ownership transfer of contracts on invention or utility solution;

See more:

Set-up representative office in Vietnam

Investment law firm in Vietnam

M&A due diligence in Vietnam

For advice and specific details in each case, please contact us directly at ant@antlawyers.vn or call +84 912 817 823

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Decree 125/2016/ND-CP: Preferential Import Tariff for Goods from Japan

Decree 125 stipulated the Vietnam’s preferential import tariff in particular to implement the Vietnam – Japan agreement on economic partnership in the period 2016 -2019 and the conditions for enjoying this preferential import tariff under this agreement. The Decree is issued by the Vietnam Government.

Issued together with this Decree is a long list of goods and commodities with specific tax rates.

Decree 125 includes 7 specific provisions: the scope of regulation, subjects of application, the preferential import tariff tables, conditions for applying the preferential import tariff, goods from the duty free area of Vietnam, validity and responsible for implementation.

Decree 125 comes into effect from September 1st 2016. Along with this issuance is the abolition of Circular 25/2015/TT-BTC dated February 14th 2015 issued the preferential import tariff tables of Vietnam in particular to implement the agreement between Vietnam and Japan on economic partnership in the period 2015 – 2019.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

See more:

Set-up representative office in Vietnam

Investment law firm in Vietnam

M&A due diligence in Vietnam

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