Thứ Ba, 10 tháng 1, 2023

Report the Demand to Use Foreign Workers in Vietnam | ANT Lawyers

In order to manage the usage of foreign workers in Vietnam, the Vietnam state authority has requested employers to provide explanation for such need to use foreign workers.

This will be the preliminary procedure before applying for work permit in Vietnam then temporary residence card in Vietnam for foreigners. The report of demand to use of foreign workers has to meet the following requirements:


Demand to use foreign workers: The employer (except contractors) is responsible for determining the demand to use foreign employees for each position that the Vietnamese employee has not met the requirement and submit written explanation. In case the employer is a contractor, in the bidding documents, it is required to declare the number, qualifications, professional competence and experience of foreign workers mobilized to implement bidding packages.

Recipient: Chairman of People’s Committees of provinces and cities under central authority (hereinafter referred to as the provincial People’s Committee) where the employer is headquartered.

Periodic notification period: Every year, the employer (except contractor) is responsible for determining the demand to use foreign employees for explanation.

The period of notice for the first time: Before at least 30 days from the date the employer (except contractor) plans to recruit foreign employees, the employer must report explanations as provided in Paragraph 1 Article 4 of Decree No. 102/2013 / ND-CP on the demand to use foreign workers, including work position, number, qualifications, experience, salary, working hours and submit directly to the Department of Labour – Invalids and Social Affairs of provinces and cities under central authority (hereinafter referred to as the Department of Labor – Invalids and Social Affairs) where the employer is headquartered.

The period of notice the adjustment: The employer whom is approved to use foreign employees, that have changes in the demand for foreign workers, has to directly submit the report explaining the adjustment and supplementation at least 30 days before the expected day for new recruitment, additional recruitment or recruitment to replace foreign workers with the Department of Labour – Invalids and Social Affairs where the employer is headquartered.

Foreign Investors May Be Allowed to Hold 60% Shares | ANT Lawyers

 A new decision has been proposed to the Prime Minister with a number of changes that encourage foreign investors to make investment in Vietnam and in the meantime improve the financial market to catch up with international standard.


ANT Lawyers’ foreign investment practice always follow the change in legal environment to assist our client with the best service. First, foreign investors could own up to 60% of total voting right shares of a listed company. The previous provisions only allow this ratio for strategic partners. Secondly, the foreign investors may hold maximum 49% total voting right shares. The previous provision is 49% of charter capital. Thirdly, for non-voting right shares, the foreign investors are not restricted to hold. Fourthly, for fund certificate, the foreign investors may hold 100% for both close and open funds while the previous provision only allows 49% and restricts the foreign –owned in open funds. Fifthly, foreign organizations business in securities may hold securities companies in Vietnam up to 100% Charter capital while in recent provision, maximum of 49% and 100% for the specific cases.


When the new Decision will have been officially issued, the securities market of Vietnam will be more open and attractive to foreign investors. As expected, impact will be increasing liquidation, opening the conditions to establish investment funds, changing the enterprise’s structure, developing the fund management companies, and as such developing the financial market with more options to invest and control the investment 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 law firm in Hanoi, law firm in Ho Chi Minh City and law firm in Da Nang.

Thứ Hai, 9 tháng 1, 2023

Notable Improvements in Vietnam Investment Law 2014 | ANT Lawyers

 Vietnam Investment Law 2014 taking effect from July 1st, 2015, replaces the Investment Law 2005 with notable improvements, especially the provisions on business registration in investment projects which foreign investors making investment in Vietnam or setting up business in Vietnam are welcome.


The new Vietnam Investment Law in 2014 has brought up the concept of “business investments” to replace the previous two concepts as “direct investment” and “indirect investment”.

Under the Investment Law 2005, prohibited investment sectors are generally and broadly defined i.e. detrimental to defense and security, national interests which are vague concepts subject to arbitrary explanation of the Vietnam State authorities. The prohibited business activities in the new regulations are listed down specifically. This change has been considered as a huge development which confirm that the foreign investors have the right to conduct investment in Vietnam in the segments not prohibited by law. The new law specifies 267 conditional investment areas which clearly define the restrictions in one document instead of referring to various laws. This shall also avoid different interpretations of the legal enforcement and application of the laws in Vietnam.


According to the Vietnam Investment Law 2005, regardless of the proportion of foreign invested capital, all projects involving foreign ownership are subject to investment certificate. Under the new law, only the projects of foreign investors or enterprises with foreign investment capital contributed 51% of charter capital or more must apply for new registration certificate for the project investment of foreign investment. This is a big step to attract and encourage investment for foreign investors investing in Vietnam through reducing the amount of administrative formalities which foreign investors had to go through.

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.

Enterprise establishment service in Vietnam | ANT Lawyers

 ANT Lawyers provides enterprise establishment consulting service for domestic and foreign customers as the following services:

  • To consult to establish Joint Stock Company;

  • To consult to establish One member Limited liability company;

  • To consult to establish Limited liability Company with Two or more members;

  • To consult to establish Partnership company;

  • To consult to establish Private enterprises;

  • To consult to establish Sole trader;

  • To consult to establish foreign invested company;

  • To consult to establish the parent company, corporations.

Customers procedures established in the ANT Lawyers will enjoy some preferential services such as:

1. Contents of enterprise establishment consulting service:

  • To consult legal regulation related to the establishment, operation and management of enterprises;

  • To consult to set up personnel structure of the company;

  • To consult to select types of enterprises;

  • To consult to choose the name of company (lookup and select the appropriate name as the request of customers);

  • To consult about the head office of the enterprise;

  • To consult on capital, legal capital, investment capital;

  • To consult on business lines (lines requires legal capital , professional certification or other conditions);

  • To draft legal dossiers for setting up the company  (Request for business registration, charter, founders list and other documents as prescribed by law);

  • To consult for business on tax issues, financial obligations after the enterprise have been established and the process of production and business activities;

2. Our tasks in the enterprise establishment services:

ANTLawyers will on behalf of clients to perform the following tasks:

  • Drafting and preparation the enterprise establishment dossier as regulations;

  • To apply the dossier for business and tax codes registration in the Department of Planning and Investment;

  • To monitor progress and inform regularly results to clients;

  • To obtain the Investment Certificate from the DPI;

  • Filing and registration the seal for Company at the Police Department;

  • To obtain the seal and the certificate of the seal for the Company at the Police Department;

  • To guide the customers to follow procedures in the relevant state authority (as needed);

3. Documents required to provide by clients:

  • Information requested form of business;

  • A copy of ID / passport of members / founding shareholder who is individual (notarized);

  • A copy of business registration / establishment decisions of members / founding shareholders who is organization.

4. Client’s benefits after establishment:

  • To be consulted and offered free the activating annual  tax dossier, records and procedures for billing the enterprise;

  • To consult the necessary tasks  of the new enterprise;

  • To consult human resources management  , provide free labor contracts and the forms of management personnel;

  • To consult the procedures for salary scale registration, the social insurance registration of company;

  • To consult on tax matters, tax refund, tax credit;

Thứ Sáu, 6 tháng 1, 2023

News on the Procedure of Marriage Registration with Foreign Element | ANT Lawyers

 Vietnam law recently has some new regulations on the procedure of marriage registration with foreign element in Vietnam.


According to the Civil Status Law, the changes in the marriage registration with foreign element entered into force on January 1st 2016.

The new Civil Status Law has strongly decentralized for local government with the provision that the District People’s Committee will settle all the civil registration with foreign elements (including the registration of marriage with foreign elements).


The allocation to the District’s People’s Committee to settle the marriage registration record with foreign element will prevent the situation that all marriage registration records are submitted at the Department of Justice causing overloading.

Regarding marriage registration procedure, the new law has also gave up the interview section, shortening the execution time of marriage registration procedure with foreign elements to about 15 days (down by half compared to before).

Other civil procedures are allocated to Commune People’s Committee. This regulation aims to maximize the capacity and responsibility of local authorities, towards long-term goal is to thoroughly competent decentralized the civil registration for local authorities when conditions allow.

Specify as follows:

Article 37. Competence in marriage registration

1. The District People’s Committee, where residence of Vietnam citizen conducts marriage registration between Vietnam citizen and foreigner; between Vietnam citizen resident in the country and Vietnam citizen residing abroad; between Vietnam citizens residing abroad together; between Vietnam citizen at the same time has foreign nationality and Vietnam citizen or foreigner.

2. In case of foreigner residing in Vietnam may request for marriage registration in Vietnam, the District People’s Committee where residents of one of the two parties will implement the marriage registration.

Article 38. The procedure for marriage registration

Both parties submitted the declaration in the prescribed form and the health certificate issued by the foreign or Vietnam competent medical organization, confirming that the person is not suffering from mental or other diseases which is not capable of receiving knowledge, mastering his behavior for civil status registration authority.

Foreigner, Vietnam citizen residing abroad have to submit proof of marital status, copy of passport or valid documents replacing passport.

Within 15 days of receipt of all documents as specified in Paragraph 1 of this Article, the civil servant is responsible for verification, if found eligible for marriage registration as stipulated by law, the Chamber of Justice will report to the Chairman of District People’s Committee to resolve.

In the process of marriage registration, both parties must present at the headquarter of the People’s Committee, the civil servant will consulting the two parties, if the parties voluntarily to register for marriage, the marriage will be noted in the civil status book, then two parties sign on the civil status book. Finally, both parties sign on the marriage certificate.

Chairman of the District People’s Committee awards the certificate of marriage for both parties.

The Government regulates to provide additional papers in the marriage registration record, the interview and verify the purpose of marriage when settling the marriage registration requirement; procedure for granting certificate of marital status for Vietnam citizen to get married with foreigner in the competent bodies of foreign countries in order to ensure the rights and legitimate interests of the parties.

Thứ Năm, 5 tháng 1, 2023

Some Notable Changes in Vietnam Enterprise Law from Jul 2015 | ANT Lawyers

 

There have been a number of significant changes to the Vietnam law on enterprise to improve the business efficiency. Under this law, limited liability companies and joint stock companies may have one or more than one atlaw representative, of which at least one at-law representative resides in Vietnam. An enterprise shall ensure that at least one at-law representative resides in Vietnam. In case an enterprise has only one atlaw representative, such person must reside in Vietnam and shall, upon leaving Vietnam, authorize in writing another person to exercise the rights and perform the obligations of the at-law representative.


From July 01, 2015, enterprises may decide on the appearance, quantity and content of seal and before using a seal, an enterprise shall notify the seal specimen to the business registration agency for publicly posting on the national enterprise registration portal. These are significant contents as prescribed under the Law No. 68/2014/QH13 on Enterprises approved by the National Assembly on November 16, 2014. Another significant point is regulation on omission of business sectors in enterprise registration certificate. From July 01, 2015, enterprise name and identification number, head office address of the enterprise; charter capital and information of the at-law representative of the enterprise, information of the general partners for partnerships; of the enterprise owner for private enterprises… The at-law representative of an enterprise shall register the changes in the contents of the enterprise registration certificate within 10 working days after making the changes. After being granted an enterprise registration certificate, an enterprise shall publicly announce the enterprise registration on the National Enterprise Registration Portal within 30 days. This Law takes effect on July 1, 2015 and replaces the Law No. 60/2005/QH11 on Enterprises and June 20, 2013 Law No. 37/2013/QH13 amending and Supplementing Article 170 of the Law on Enterprises.
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