Thứ Sáu, 29 tháng 10, 2021

Penalties on Working Without Work Permit in Vietnam | ANT Lawyers

Vietnam has become an attractive destination for foreigner investors due to the impressive development of socio – economic in recent years. This is such a good opportunity for Vietnamese enterprises to get cooperation in business with foreign partners.

To take advantage of the opportunities to be the pioneer and market share, many of them have demand in employees with good skills and qualifications. To meet these requirements, more and more companies hire foreign workers for specific positions which might lack of human resources within Vietnam territory.

According to Labor Code 2019, the employer wishing to recruit the foreign workers has to explain their labor demand to the People’s Committee of provinces and obtain written approval from this agency. Pursuant to this written approval, the employer shall submit the application for the work permit to the Department of Labor, War Invalids and Social Affairs of the province where the planned working place of such foreign workers is located.

A foreign employee means a person who has a foreign nationality and:
Is at last 18 years of age and has full legal capacity;
Has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;
Is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
Possessing a work permit granted by a competent Vietnamese state agency, except the cases specified in Labor Code.

Therefore, based on regulations of the Labor Code of Vietnam, except for the foreign employees exempted from work permit i.e. investor of company established in Vietnam, all of cases the foreign employees wishing to work in Vietnam shall be subject to work permit application. A foreign employee shall produce his/her work permit in Vietnam when carrying out immigration procedures or upon request of a competent state agency.



In case foreign employees who do not belong to work permit exemption being found working in Vietnam without work permit, that person shall be considered violation of the law of Vietnam. In addition, the employer that uses the violated employee without work permit shall be punished accordingly.

According to Decree No. 28/2020/ND-CP dated March 1, 2020 on administrative penalties for violations arising from labor, social insurance and sending Vietnamese workers abroad under contracts.

1. i) Foreign employee that working without work permits, except for the cases in which the work permit is exempt shall be expelled.

2. ii) Employers who employ foreign workers in Vietnam without work permits or written confirmations of their exemption from work permit requirements, or employs foreign workers holding expired work permits or written confirmations of exemption from work permit requirements shall be implied:

3. A fine from VND 30,000,000 to VND 45,000,000 if the violation involves 01 – 10 workers;

4. A fine From VND 45,000,000 to VND 60,000,000 if the violation involves 11 – 20 workers;

5. A fine From VND 60,000,000 to VND 75,000,000 if the violation involves 21 or more workers.

Thứ Năm, 28 tháng 10, 2021

Employment lawyers in Vietnam | ANT lawyers

Our employment practice at ANT Lawyers helps clients with the following:

Regulatory issues: advising on regulatory issues in relation to recruitment, employment and termination of labour contracts.

Employment documents: drafting, negotiating and amending labour contracts, office rules and collective labour agreements.

Licensing requirements: advising on the obtaining of work permits for expatriates, registration of office rules and collective labour agreements.



Labour dispute: mediating and reconciling labour disputes, representing clients before Vietnamese courts for settlement of personal and collective labour disputes, representing employee in employment dispute matters in Vietnam for best interests protection.

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

Let ANT Lawyers help your business in Vietnam.

Thứ Ba, 26 tháng 10, 2021

The Business Conditions for Sports Betting in Vietnam | ANT Lawyers

Law on amendments to Physical Training and Sports No. 26/2018/QH14 is in valid as of February 1st, 2019. The highlight that must be noted is sports betting as provided in Article 67a. This activity is officially governed by laws. Sports betting is a form of entertainment with rewards in which bettors predict the results of sporting events used for betting purpose.

The sports betting has a long history, but it had not been recognized by the State for a long time. Therefore, the betting was considered a violation of laws and was liable to administrative and criminal remedies. Before sports betting is restricted and just allowed to bet on horse racing, greyhound racing and pilot international soccer as specified in the Decree 06/2017/ND-CP effective from March 31st, 2017 on business of betting on horse racing, greyhound racing and international soccer. After the amendment law takes effect, the sports are allowed to bet will be extended according to the List of sports activities allowed to trade in betting issued by the Government.

What Conditions Required for Sports Betting?

Relating to condition of sports betting business in Vietnam, the enterprises need to be granted a certificate of eligibility for betting business. This is one of the conditional business lines under the strict management.

Regarding horse racing and greyhound racing, the enterprises need to obtain the Certificate of investment registration for the project for construction of horse and/or greyhound racecourses and the Certificate of eligibility for betting business. For horseracing, the charter capital requirement is VND 1 trillion ($44.2 million), while for greyhound racing it is VND 300 billion ($13.2 million). Locations of horse and/or greyhound racecourses are conformable to the socio-economic development planning of the area where such racecourses are located. Therefore, if the project attracts more than one investor, the investor for the project for the construction of horse racecourses and/or greyhound racecourses which covers the business of betting on horse racing and/or greyhound racing shall be selected through bidding process according to law.

Regarding international soccer, the procedures is similar to horse racing and greyhound racing. However, The Government allows one enterprise to pilot the business of betting on international soccer. The duration of pilot international soccer betting business shall be 05 years since the date on which the Certificate of eligibility for international soccer betting business is issued. After such period, the Government shall consider whether or not to continue the pilot international soccer betting business upon the assessment of the collected results. The list of international football matches and tournaments which are selected to provide the basis for the business of betting on international football is stipulated in the Decision No. 1064/QĐ-BVHTTDL issued by the Ministry of Culture, Sports and Tourism.



Which Authorities Will Approve the Sports Betting Activities?

The Ministry of Finance will publicize the conditions, dossiers, procedures for organizing bidding to select enterprises to pilot international football betting business according to the provisions of law. To be able to participate in bidding, the enterprises need to meet the following conditions:

(1) The minimum charter capital shall be VND 1 trillion ($44.2 million)or an equivalent amount;

(2) Having a plan on investment in the technological system, technical equipment and business software to ensure their accurate, safe and stable operation;

(3) There shall be a feasible plan on the business of betting on international soccer and ticket selling methods and locations;

(4) Committing to community assistance.

There are 135 countries in the world officially legalizing sports betting activities. Betting is increasingly on the rise, along with the development of information technology and entertainment. In Vietnam, sports betting is put under the strict management.

Business Lines in the Food Industry of Vietnam | ANT Lawyers

 With a population of about 90 million people, Vietnam is a potential market for food industry.



ANT Lawyers Co., Ltd consults and instructs customers to register the appropriate lines of business in the food sector under the provisions of the code system of national economic sector (Decision 10/2007/QD-TTg).

No

Business lines

Code

1

Wholesale of agricultural and forestry raw materials (except wood, bamboo) and live animals;

4620

2

Wholesale of rice;

4631

3

Wholesale of food;

4632

4

Wholesale of beverage;

4633

5

Wholesale of a variety of goods;

4690

6

Retail of victuals, food, beverage, tobacco and pipe tobacco accounting for a large proportion in shops;

4711

7

Retail of victuals in specialized shops;

4721

8

Retail of food in specialized shops;

4722

9

Retail of victuals, food, beverage, tobacco, pipe tobacco in the market;

4781

Thứ Hai, 25 tháng 10, 2021

Shipping and Maritime | ANT Lawyers

 

Shipping and maritime law firm in Vietnam may represent and defend the interests of commercial ship owners and charters involving the total spectrum of maritime casualties, accidents and disputes which may arise in reference to commercial ocean shipping.

Additionally shipping and maritime lawyers of law firm in Vietnam are frequently appointed by a broad vary of domestic and international marine insurance corporations directly or through our international partner law firms in UK, US and Australia to represent and defend the interests of their insureds in reference to casualties involving each commercial and recreational vessels.

When legal proceeding arises from a maritime casualty or dispute shipping and maritime lawyers in Vietnam commit the total range of the firm’s resources and therefore the intensive litigation expertise of our attorneys to attain the most effective potential outcome for the client. The attorneys additionally counsel ship owners, charters, marine insurers and clients on risk avoidance, regulative necessities and strategic legal solutions.

An overview of the a number of the kinds of maritime claims, casualties and transactions that admiralty and maritime lawyers regularly handle are as following:

  • International Sales and Purchase of Ships (bulk, container) under Vietnamese or foreign flags including negotiation, MOA, validating legal documents on ownership, sales decision, registration, sales closing and ship delivery;
  • Casualty Defense, Investigation and Litigation

·        Collisions

·        Cargo damage

·        Personal injury and death (seamen, longshoremen and passengers)

·        Property damage

·        Product liability

·        Shipowner’s limitation of liability

  • Marine Liability Insurance
  • Disputes

·        Bills of Lading

·        Charter party disputes

·        Vessel mortgage foreclosure

·        Ship arrests

·        Ship collisions

·        Cargo claims

·        Cargo detention or seizure by Vietnam Authority

·        Dispute on outstanding payment

  • General Average and Salvage Claims
  • Vessel Regulatory Matters

·        Regulatory compliance

·        Civil fines and penalties

·        Security issues

  • Maritime Contracts

·        Contracts of affreightment, bills of lading and charter parties

·        Drafting and advice

  • Recreational Boating

·        Injuries and Property Damage

·        Product Liability

·        Sales and documentation

·        Subrogation

ANT Lawyers has law been partnering with a number of foreign law firms in advising clients in shipping and maritime in Vietnam.

Please contact us for inquiries through email ant@antlawyers.vn, call our office at +84 28 730 86 529, or talk to our partner directly at  + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

Thứ Năm, 21 tháng 10, 2021

How Exploiting and Using Water Resources are Regulated in Vietnam | ANT Lawyers



Water is an important resource of the country, all business activities, production and living all need water resources. Therefore, the exploitation and use of water resources are under the control of the Vietnam state authorities, to protect the resources, and avoid the waste that impact the environment.

The Vietnamese legal system has a wide range of legal provisions on water resources, including the Law on Water Resources; Law on Environmental Protection and supporting decrees. These legal documents are firm legal basis in the management and protection of water resources.
The state shall define the principles for exploitation, use and protection of water resources, which are the responsibility of all agencies, organizations and individuals; Must comply with strategies and master plans on water resources already approved by competent state management agencies; Effective exploitation and use, the law stipulates the order of priority for allocating water sources to ensure the balance between regions and domains. This priority includes prioritizing regional allocations (agreements between regions, governmental decisions) and prioritizing allocations based on water use purposes (domestic, agricultural, fisheries, power generation, industrial, transportation, preservation of cultural and historical value, exploitation and processing of minerals).

The Vietnam legal system on water resources is divided into two groups, one is the exploitation and use of water resources without registration and permission; the other is the exploitation and uses of water resources have to register and apply the license. For exploitation and use, registration must include water used for household activities; Small scale use for production, business and services; using sea water to produce salt; using water for religious activities, scientific research; water use for fire prevention, incident response and other emergencies. Water users will be required to pay water use fees as agreed in the water service contract. The price of water used by state agencies is determined and adjusted in accordance with the principles and actual use.

Apart from the above-said cases, the exploitation and use of water resources for permission of state agencies, including: exploitation of surface water and sea water; Groundwater exploration; exploitation and use of underground water; The above-said forms must be registered, permitted and permitted to conduct investment activities only when they are granted permits according to the provisions of law. The term of the license varies from 2 years to 10 years, suitable for exploitation and use, ensuring the stability as well as the protection of the environment to the maximum. At the end of the license period, the license renewal will be considered.

In addition to the exploitation and use of water resources of individuals and organizations, water resources investigation and assessment are also strictly regulated. Accordingly, the inventory of water resources must be implemented uniformly throughout the country, every five years, in accordance with national socio-economic development regulations. The responsibility for inventorying water resources is the coordination among relevant agencies, ministries and agencies such as the Ministry of Natural Resources and Environment; Ministries and ministerial-level agencies related to construction activities; Provincial People’s Committee.

In addition to using, exploiting water resources, another issue that is always on top of wastewater treatment. The treatment of wastewater must comply with the technical standards for wastewater. The Vietnam state always has projects and incentives for investment in wastewater treatment such as preferential land use fees, technical infrastructure investment support, other incentives.

All acts of violating the provisions of law on water resource and waste water treatment shall be handled according to the provisions of law. Depending on the circumstances, the level of treatment will be different, such as the handling of administrative violations or the handling of criminal offenses. The maximum fines amount to 1 billion VND for individual violations and 2 billion VND for organizations.
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