Hanoi calls on IT firms to set up shop

HANOI – The government of Hanoi City gives priority to the information technology (IT) sector, thereby facilitating companies to set up shop there, according to Nguyen Duc Chung, chairman of the capital city, at a dialogue with the startup community on August 25.

He said Hanoi is about to launch Vietnam’s startup opportunity finder startupcity.vn on October 10, with an aim to connect technology ecosystem players with new business opportunities.

Phan Lan Tu, director of the municipal Department of Information and Communications, said the city has 16,700 startups, with 800 of them active in the IT sector.

Many incubators like the IT Firms Incubator and the CMC Creativity Center have been set up in Hanoi so far this year. To date, the city is home to 15 incubators.

The director noted the number of incubators and startup-supporting centers in Hanoi has been rising, but they still lack the connection with each other, as well as the absence of policies to establish a single network of these centers to help them share experiences, facilities, mentors and investors.

She said the city will establish a startup ecosystem portal and a startup database. In particular, the portal in both Vietnamese and English languages will provide necessary information for startups and investors.

Besides, municipal authorities will find ways to build a shared service area to support startups. The facility will include co-working space, meeting and training rooms, incubators, and other facilities.

Notably, Hanoi will come up with mechanisms and policies which encourage private investors to set up venture capital funds.

Nguyen Trung Chinh, chairman of CMC Corporation, said at the dialogue that Hanoi should offer incentive policies on land rent and corporate income tax to hi-tech companies, including personal income tax incentives for experts in the sector.

Especially, Chinh said, the administrative procedures should be streamlined so as to create the most optimal conditions for local firms, especially startups, to grow.

He also proposed the municipal government give creative and private companies the green light to implement solutions on urban management, e-governments and smart cities. Besides, Hanoi should let them develop public services under the public-private partnerships.

Hanoi should have sufficient land to build centers for creative technology research. CMC is willing to develop the creative technology research zone that has research centers, incubators and labs, he said.

Hanoi City Chairman Chung pledged to create utmost favorable conditions for startups. The municipal government will team up with central management agencies to formulate policies.

Chung also said the city will kick off work on a software park on Vo Nguyen Giap Street in October.  Hanoi will hand over the land to enterprises responsible for building the zone.

Source: The Saigon Times

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Issuance of Work Permit for Foreigner Online

From October 2nd 2017, the issuance of work permits to foreign employees working in Vietnam via Internet will be applied in accordance with the guidance of Circular No. 23/2017/TT-BLDTBXH issued by the Ministry of Labor – Invalids and Social Affairs on August 15th 2017.

Accordingly, the issuance and re-issuance of work permits for foreigners will be made via the electronic portal: http://dvc.vieclamvietnam.gov.vn. Employers must register their account to log into the Portal.

Before at least 7 working days, from the date the foreign worker intends to commence work, the employer must declare the information in the declaration form and submit the application for work permit via the electronic portal. The dossier includes: The declaration form and enclosed papers in accordance with the provisions of law on e-transactions and management of foreign laborers working in Vietnam; if the attached documents are in the form of paper, the employer must convert to electronic versions like pdf, doc, docx or jpg.

Within 5 working days from the date of receiving the dossier, the licensing agency shall reply via email to the employer. If the dossier is invalid, the licensing agency must clearly state the reasons.

Upon receipt of the result of notification of valid dossiers, the employers shall submit directly or by post the originals of the work permit application dossiers to the licensing agency for inspection, comparison and archive regulations. Within a maximum of 08 working hours from the date of receipt of the original application, the licensing agency shall return the result to the employer.

This Circular comes into effect from October 2nd 2017.

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Propose to Remove Nearly 2,000 Business Conditions

The Ministry of Planning and Investment has proposed to remove nearly 2,000 business conditions from ministries and sectors that are thought to cause difficulties and obstacles for businesses.

According to the report of the Ministry of Planning and Investment submitted to the Government, this agency proposed to remove 1,930 requirements and conditions on business that are considered as sublicenses hinder business for a long time. Of these, the Ministry proposed removing all or part of 302 financial conditions. In addition, 85 business conditions on location and 1,336 conditions on production capacity, 127 conditions on business methods, 80 conditions on planning… are proposed to be abandoned entirely.

In addition, other business conditions related to human resources issues (except for some professions that require professional qualifications and experiences such as doctor and auditor) and some conditions with inappropriate contents, the Ministry also recommends the abolition of all or part.

According to the report of the Central Institute for Economic Management (CIEM), there are about 4,284 business conditions, corresponding with 243 conditional investment businesses. Of these, the Ministry of Industry and Trade has the highest number of business conditions with 1,152 conditions; next is the Ministry of Agriculture and Rural Development, Ministry of Health…

Most of these business conditions are creating unreasonable barriers to investment, entry into the market, limiting the number of newly registered businesses, increasing production costs, discouraging businesses.

Moreover, business conditions also reduce market competition, productivity and competitiveness of the economy. Businesses also face with many risks in the process of operation when many business conditions are unclear, creating opportunities for the arbitrariness of state management agencies and the harassment of officials… These effects are going backwards and hinder the Government’s resolve to improve the business environment and cut costs for businesses.

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Vietnam Can Issue Permanent Residence Card to Foreign Investors in Phu Quoc

The Ministry of Planning and Investment proposed a series of preferential mechanisms for Phu Quoc special economic zone.

The Ministry of Planning and Investment has just submitted to the Government a draft Law on Special Administrative Units. In this draft, the Ministry proposes a series of mechanisms to attract investment capital and foreign experts to live and work in Phu Quoc special economic zone.

Specifically, according to the draft law, Phu Quoc is prioritized investment to become a center for trade, high-end services and international procurement. This will be the only special zone to be prioritized for the development of fisheries, aquaculture and processing and fishery logistics.

According to the Ministry of Planning and Investment, the potential advantages of Phu Quoc can completely develop into a commercial center, eventhough Phu Quoc is located far from the land and there are only two main lines of transportation that are airway and sea. Phu Quoc also has favorable conditions for hydro-meteorology, natural environment, mountains, forests, marine and ecosystems; moderate weather, favorable for year-round tourism development. Especially, Phu Quoc has a large fishing ground and potential for aquaculture.

In addition, Phu Quoc has fertile farmland, large forest land, occupies 63.2% of the total natural land area, facilitates the development of agricultural economy and sustainable eco-tourism development.

Like other two special economic zones, which are Van Don (Quang Ninh), Van Phong (Khanh Hoa), the Ministry of Planning and Investment proposed a series of incentives for Phu Quoc such as income tax exemption for 5 years, but not exceed 2030 for individuals who have taxable income arising in the special economic zone. In subsequent years, the personal income tax payable will be reduced by 50%.

For managers, scientists and highly qualified experts with income subject to personal income tax in the 3 special economic zones mentioned above, they are also entitled to tax exemption until the end of 2030 and 50% reduction of tax amount in the remaining years.

In addition to the application of general incentives for special economic zones, Phu Quoc has also been proposed to enjoy a separate mechanism, such as raising the level of allowances from 30% to 50% of the basic salary for officials and employees working here.

In particular, in order to encourage investment, the Government of special economic zone will issue permanent residence cards to individual foreign investors with investment projects of 5 million USD or above, with the residence time of 5 years or more in Phu Quoc and not breaking the law.

Regarding infrastructure, according to the Ministry of Planning and Investment, infrastructure of Phu Quoc has been invested quite synchronously to meet the needs of large-scale tourism development. Many high-class and large-scale resorts have come into operation. The Politburo has agreed to open casino project in Phu Quoc for the Vietnamese.

For Van Don special economic zone, according to the Ministry of Planning and Investment, priority will be given to develop island eco-tourism, innovative industries and high-tech agriculture.

Van Phong, in particular with its location, will be promoted to develop deep-water ports, logistics services, medical services, high-quality resort…

Source: Antlawyers.vn

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.

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing legal services or representation 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) 24 32 23 27 71.  To learn more about us, visit www.antlawyers.vn.

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HCMC to launch online construction licensing system

HCMC – Individuals and enterprises in HCMC will not have to come in person to offices of competent agencies to ask for construction licenses as the municipal government will officially put into use an online construction licensing system in October, said the Office of the HCMC People's Committee.

The city government on August 17 urged the Department of Construction and authorities of districts to launch online services for construction licensing procedures.

In June, the city issued Decision 3090 on online procedures for construction licensing. Accordingly, districts will have to issue construction licenses for residents within 15 working days upon the receipt of full dossiers, excluding the time required for document adjustments and supplements. Each service will cost VND50,000.

The city authorities also asked all districts to complete processes controlling and dealing with building projects without prior permission this year.

The Department of Construction was assigned to coordinate with district authorities to assess building project management to have appropriate processes for each district.

In addition, the city government required the Department of Zoning and Architecture to evaluate the implementation of urban development projects in the city and make adjustments to inappropriate projects.

Source: The Saigon Times

ANT Lawyers, the 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.

Call us at (+84) 24 32 23 27 71 or send us email ant@antlawyers.vn

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Vietnam expects foreign investment to hit record $16 billion this year

Cheap labor continues to be a magnet for foreign investors.

Actual foreign direct investment flowing into Vietnam is forecast to rise to a record high this year as the country continues its efforts to improve the economic climate, an official has said.

Dang Huy Dong, deputy minister of Planning and Investment, was quoted as saying in a Bloomberg report that disbursed FDI will exceed $16 billion this year, and pledged investment will reach $28 billion.

“FDI growth is very impressive so far this year and we expect it to continue,” he said. The country received $15.8 billion of actual investment last year, which was up 9 percent from 2015, according to the ministry.

Dong said the government would continue to improve the business environment as it aims to draw more investment into areas including exports, energy and high-technology.

The fate of the Trans-Pacific Partnership, the biggest trade deal Vietnam has ever engaged in, is hanging in the balance following the U.S. withdrawal.

But Vietnam is shrugging off the uncertainty as its low wages and young workforce continue to play an effective investment magnet, Bloomberg said.

FDI inflow into Vietnam rose 6.5 percent in the first half of this year to $7.72 billion, according to figures from the ministry.

Pledges for new projects and additional investment were up nearly 55 percent on-year at $19.22 billion, with nearly half heading to the manufacturing and processing industries.

Vietnam’s Prime Minister Nguyen Xuan Phuc has established a board of experts, including economists from France, Japan, Singapore and the U.S., who will advise him on economic matters.

He also expressed support on Wednesday for a draft law that aims to double foreigners’ home ownership terms in Vietnam to 99 years in special economic zones.

The government has set an economic growth target of 6.7 percent for this year, one considered ambitious by many experts, especially after a relatively sluggish first six months. The IMF and HSBC have revised their growth forecasts for Vietnam down to 6.3 and 6 percent, respectively.

The central bank cut key policy interest rates for the first time in three years last month to spur growth.

Source: Vnexpress

ANT Lawyers, the law firm in Vietnam 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.

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The procedure to setup a foreign investment enterprise in Vietnam

Investment Registration Certificate obtaining

Foreign investor who set up an investment project in Vietnam needs an investment registration certificate. In some case, you should need to register the investment project with provincial-level People’s Committees.

Dossiers: An investment project dossier must comprise a written proposal for implementation of the investment project; a copy of the establishment decision or an equivalent document certifying the legal status, for institutional investors; Proposals for the investment project, Proposals on land use or a copy of the site lease agreement or another document certifying that the investor has the rights to use the site used for project implementation

Recipient: Provincial-level Planning and Investment Departments of the localities where investors locate or intend to locate their head offices or executive offices to implement investment projects.

Period: Within 15-20 days (except weekend) from the day a complete dossier, the investment registration agency shall grant an investment registration certificate. In case of refusal, it shall issue a written reply clearly stating the reason to the investor.

Business Registration Certificate obtaining

After receiving the investment registration certificate, you could carry out the procedure to enterprise registration:

A complete dossier comprise document which is required under Decree 78/2015 of the Government according to the type of business should need to submit directly to the Business Registration Office which is affiliated to the Department of Planning and Investment of the province or online on https://dangkykinhdoanh.gov.vn/

Period:  within 03 working days after receiving a complete dossier.

Fee: After receiving the certificate of business registration, or confirmation of change of enterprise registration information in terms of business lines, founding shareholders, foreign shareholders, the enterprise shall pay a fee for publishing enterprise registration information

Company seal

Before using a seal design of an enterprise or its branch/representative office, the enterprise must send a notification to Business Registration Office of the province where the enterprise, branch, or representative office is situated in order to post the seal design on National Business Registration Portal.

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Government vows to help businesses cut costs

The Government will take measures to help enterprises lower input costs, Mai Tien Dung, Minister and Chairman of the Government Office, said after the Government’s regular meeting last week.

These costs include transport, infrastructure, logistics and specialized inspection fees. Currently, 30-35% of cargo must be inspected in the customs clearance process but the proportion will be reduced to 15%.

According to Dung, there are over 5,700 types of procedure and certificate required by ministries and ministerial-level agencies. The Ministry of Industry and Trade has the largest number, 220, while the Ministry of Construction has the least number, 106.

The Prime Minister has asked ministries and ministerial-level agencies to review their procedures and eliminate those unnecessary, said Dung.

The Ministry of Finance is responsible for reviewing customs fees and taxes while the Ministry of Planning and Investment is tasked with rechecking investment, construction and land procedures.

The Prime Minister also asked ministries to boost non-cash payments, simplify business registration procedures and reduce logistics and water transport fees.

The Government will promote the application of information technology in administrative reform and assign more responsibilities to heads of ministries and agencies.

For public services, the Government asked the Ministry of Finance, relevant ministries and provincial people’s councils to streamline procedures, and slash costs for business and brand registration as well as customs clearance.

Speaking about the 6.7% gross domestic product (GDP) growth target this year, Dung said the country is facing a slew of difficulties but the Government still insists on translating it into reality.

With GDP growth of 5.15% in quarter one and 6.1% in quarter two, GDP growth in the remaining six months of this year must reach an average of 7.43% to achieve 6.7% in all of 2017.

But the target seems to be harder to attain since some major sectors posted a decline in revenue in the first half of 2017. For instance, mining sector revenues dropped 7.5%, auto production 0.7%, natural gas 8.3% and crude oil 11.4% compared to the same period last year.

Dung said in the first seven months of 2017, about 16,000 enterprises were suspended, up 16.2% year-on-year, and more than 27,000 others were closed or waiting for closure, up 24.5% against to the year-earlier period.

Capital disbursement for public investment projects met only 38.6% of the plan.

However, there were still some positive changes. Credit grew 8.92% compared to December 2016, a six-year high, and interest rates at commercial banks fell by 0.5% on average.

Restructuring poor-performing commercial banks and dealing with bad debt gained encouraging results, and the stock market regained growth momentum.

Exports expanded 18.7% and State budget revenues reached 48.2% of the full-year estimate. Industry, manufacturing and retail grew 6.5%, 10.6% and 10% respectively.

International tourist arrivals to Vietnam totaled 7.24 million, up 28.8% compared to the same period last year.

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ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang and Ho Chi Minh City.  We provide convenient access to our clients. Please contact us to book your time in advanced to let us provide our best service.

Call us at (+84) 24 32 23 27 71 or send us email ant@antlawyers.vn

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Conditions of Foreigner on Adoption in Vietnam

Nowadays, foreigners from other countries wish to adopt children in Vietnam and bring them up to his/her country for custody.  Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family.  However, the adoption conditions are still regulated strictly and its acceptance procedures are considered and controlled stringently by competent authorities of the Government.

ANT Lawyers will provide to you the regulated conditions of the adoptive parents need to be met as below:

I. GENERAL CONDITIONS OF THE ADOPTIVE PARENT:

The adoptive parent has to meet fully conditions as below for adoption:

• Having full civil act capacity;
• Being 20 years or more older than the adopted person;
• Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
• Having good ethical qualities.

And not being one these following cases:

• Having some of the parental rights over a minor child restricted:
• Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
• Currently serving an imprisonment penalty:
• Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.

II. CONDITIONS OF THE FOREIGNER ADOPTIVE PARENTS:

After meeting fully conditions above, Vietnamese living abroad, foreigners permanently living abroad will be entitled to adopt identified Vietnamese children if they fall into the following cases:

• Being the step father or step mother of the to-be-adopted child;
• Being natural aunt or uncle of the to-be-adopted child;
• Having adopted a child who is a sibling of the to-be-adopted child;
• Adopting a child who is disabled or infected with HIV/AIDS or another dangerous disease, including: children with cleft lip and cleft palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; children with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; children with diseases requiring life-long treatment; children with other disabilities or dangerous disease which restricting the chances of adoption;
• Being foreigners currently working or studying in Vietnam for at least 1 year.

See more: How to Recognize Father or Mother for a Child?

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang and Ho Chi Minh City.  We provide convenient access to our clients. Please contact us to book your time in advanced to let us provide our best service.

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