Highlights in the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2020

Foreigners investing in Vietnam need to travel to Vietnam on investment purpose with the right visa supporting their purpose to comply with the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam.

On November 25, 2019, the XIV National Assembly officially passed the Law on Entry, exit, transit, and residence of foreigners in Vietnam amended in 2019. This amendment provides many new highlights about the immigration of foreigners.

What are visas suitable for the investors?

Investor visa is divided into 04 categories: DT1, DT2, DT3 and DT4. The classification is based on invested capital and investment industry. For example, DT1 visas are issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution of VND 100 billion or more or investment in preferential industries and trades. Investment and geographical areas eligible for investment incentives are decided by the Government.

How electronic visa can be applied and issued?

Visas issued through electronic transactions are electronic visas. Foreigner and the agency or organization sponsoring for a foreigner has the right to apply for an electronic visa. Immigration authorities shall consider, process and respond to applicants for electronic visas at the e-visa information page within 03 working days from the date of receipt of sufficient information for electronic visa application and visa fee.

How to change visa type caused by change of immigration purpose?

Currently, the visa type corresponding to purpose of immigration of foreigners in Vietnam cannot be changed. In case a foreigner wishes to change visa purposes, he / she must exit Vietnam and apply for a new visa supporting the new purpose making foreigners facing challenges to manage their work, and life and associated costs and time. However, according to the provisions of new the Law on entry, exit, transit, and residence of foreigners in Vietnam, there are 03 cases of visa conversion purposes: i) have proof of being an investor or representatives of foreign organizations investing in Vietnam according to the provisions of Vietnamese law; ii) have documents proving that the relationship being father, mother, wife, husband, children with the applicant; iii) being invited or sponsored by an agency or organization or working with an electronic visa, having a work permit in Vietnam or certifying that it is not subject to a work permit as prescribed by the Labor Code. In these cases, the foreigner would be granted a new visa with the symbol and duration suitable to the purpose of conversion.

What are additional visa exemption conditions in Vietnam?

Besides inheriting the previous provisions, the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam amended in 2019, adding one more case visa exemption. Foreigners entering coastal economic zones under decisions of the Government and meeting the following conditions: having an international airport; having a separate space; having definite geographical boundaries, separated from the mainland; in accordance with the socio-economic development policy and without prejudice to national defense, national security, social order and safety of Vietnam, visa exemption is required upon entry.

What conditions qualify foreigners for Temporary Residence Card in 2020?

The duration and type of temporary residence cards are granted based on the contributed capital. Accordingly, the duration of temporary residence card DT1 for foreigners investing in Vietnam through direct investment of setting up company, obtaining investment registration certificate, with a capital contribution of 100 billion or more has a term of no more than 10 years. Temporary residence card with the symbol DT2 granted to investors contributing capital from VND 50 billion to less than VND 100 billion has a term of no more than 05 years. Temporary residence card with the symbol DT3 for investors with contributed capital valued from 03 to billion to less than 50 billion dong with duration not exceeding 03 years. And investors using DT4 visas with a capital contribution of less than 03 billion VND are not allowed to be issued temporary residence cards in Vietnam. It is important for foreigners falling under the DT4 category to consult with immigration lawyers in Vietnam to receive advice on proper advice when considering investing less then 03 billion VND.

The Law on entry, exit, transit, and residence of foreigners in Vietnam amended in 2019, will be effective from July 1, 2020.

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Development of anti-dumping request on PFY originating from China, India, Indonesia and Malaysia

On Nov 07th, 2019, Trade Remedies Authority of Vietnam (TRAV), the investigating authority received dossier of request for investigation of the application of anti-dumping measures on long-fiber products made from polyester (PFY) originating from China, India, Indonesia and Malaysia from companies representing the domestic industry (Requesting Party).

On Nov 22th, 2019, the investigating authority issued official dispatch No. 1056/PVTM-P1 requesting the Requesting Party to supplement, adjust to clarify some contents of the investigated goods, methods and basis for determining dumping margins and losses of the domestic industry.

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On Dec 31st, 2019, the Requesting Party fully submitted all additional information as requested.

On January 09th, 2020, the Requesting Party provided additional documents to clarify additional information on the method of calculation, determination dumping margins.

On January 21th, 2020, Investigating Body confirmed that the dossier is complete, valid in accordance with the law on trade remedies.

According to Law on foreign trade management 2017 and guiding or related documents, next steps of anti-dumping case as follows:

Investigating authority shall examine the Dossier to submit to the Minister of Industry and Trade for consideration whether to conduct or not to conduct an investigation: 45 days from the date of receiving a complete, valid dossier, which means January 21th, 2020. Contents of Dossier examination include: (i) Determine the legal representative status of the domestic industry of organizations, individuals that submit the Dossier; (ii) Determine evidence on the dumping of imported goods that cause or threaten to cause significant injury to a domestic industry or significantly prevent the formation of a domestic industry.

In order to prepare the examination, as well as to ensure the legitimate rights and interests of the enterprise, the investigation authority suggests that the domestic enterprises producing/trading in the same goods mentioned above provide with the following information: (i) Information about the enterprises; (ii) Design capacity and production of long fiber products made from polyester (PFY) in 2016, 2017, 2018 and 2019; (iii) The company’s opinion on the case (agree, disagree, no opinion); (iv) Any other documents/evidence that the company thinks it is related to the case. The time limit for providing the above information is before 17:00 on February 14th, 2020 (Hanoi time).

The companies could authorize an international trade law firm in Vietnam that has experience in anti-dumping to assist with the procedures at the state authorities to cooperate.

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Renew the validity of protection titles to subject matter of industrial property

According to the Law on Intellectual Property in Vietnam, the subject matter of industrial property rights shall comprise inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names and geographical indications.

Rights to an invention, industrial design, layout design, mark shall be established on the basis of a decision of Intellectual Property Office of Vietnam to grant a protection title in Vietnam or the recognition of international registration pursuant to an international treaty of which Vietnam is a member. The remaining being: (i) rights to trade name shall be established on the basis of lawful use thereof; (ii) rights to a trade secret shall be established on the basis of lawful acquirement of the trade secret and maintaining confidentiality thereof.

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How are term and scope of protection of the right to an arising object on the basis of granting of a protection title?

Firstly, protection titles shall be valid throughout the entire territory of Vietnam. This provision means the validity of title is only territorial. It means titiles granted by any country will only take effect within its territory and are not accepted in other countries or other titles granted by Intellectual Property Office of Vietnam will take effect throughout the entire territory of Vietnam.

Secondly, regarding each industrial property object, validity of protection titles are different. Such as validity of the invention patent is 20 years from the grant date but the timeline to calculate until the end of 20 protection years is filing date. Regarding utility solution patent, the validity shall be 10 years and the calculation until the end of 10 years is same as calculation of invention patent. It should be noted that validity of invention patent and utility solution patent may not be extended. However, industrial design patent, certificate of registered mark may be extended. In particular: (i) industrial design patent shall be shall be valid from the grant date until the end of five years after the filing date and may be extended consecutively with each time of 5 years. Therefore, industrial design patent may be extended up to 15 years; (ii) certificate of registered mark shall be valid from the grant date until the end of ten years after the filing date. However, this object has a special feature that it is able to extend repeatedly and consecutively the validity with each time of 10 years. Therefore, this object may be extended validity forever.

Regarding certificate of registered geographical indication, it shall have indefinite validity starting from the grant date because of its characteristic of sign used to identify a product as originating from a specific region, locality, territory or country. Reputation of products bearing a geographical indication shall be determined by graphical conditions, including natural factors (climatic, hydrological, geological, topographical and ecological factors and other natural conditions); Human factors (skills and expertise of producers, and traditional production processes of localities…).

In addition, one of objects having specific validity is certificate of registered design of semi-conducting closed circuits. Certificate shall be valid from the grant date until the earliest date among the following: (i) the end of ten years after the filing date; (ii) the end of ten years after the date the layout design was first commercially exploited anywhere in the world by a persons with the registration right or his or her licensee; (iii) the end of fifteen years after the date of creation of the layout design.

Having said that, when the owner of industrial property object is granted protection title, it should be noted at time of expiration of title to apply for the extension in order to guarantee interests as well as benefits that industrial property objects brings. The owner could contact IP department of ANT Lawyers and patent, trademark and other IP attorney will be assisting the client to review the matters and provide relevant advice.

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Complete 1st Stage of the Information Technology Zone in Danang

On January 6th 2020, the Prime Minister issued Decision no.27/QD-TTg on establishing the information technology zone in Danang – Stage 1, effective from January 6th 2020. Specifically, the Danang information technology (IT) zone – Stage 1 has an area of 131 hectares, located in Hoa Lien commune, Hoa Vang district, Danang city.

The Ministry of Information and Communications shall assume the prime responsibility and coordinate with the ministries, branches, Danang People’s Committee and concerned units in guiding the implementation of the decision; The Ministry of Planning and Investment was assigned to assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of Information and Communications in, balancing the allocation of investment capital to support investment in and construction of infrastructure of Danang centralized IT Park according to law provisions.

Besides, the People’s Committee of Danang has 5 tasks including approving the organizational structure and operational regulations of the Danang central IT Management Group, then performing the state management function for the investment projects in the centralized IT zone, and prioritizing the allocation of development investment capital from the state budget for investment in infrastructure development connecting to Danang centralized IT Park – phase 1 and non-business social infrastructures in the area. Therefore, developing the plans and synchronously deploy solutions to attract foreign corporations and large domestic enterprises in the fields of IT, electronics and telecommunications to invest in Danang centralized IT Zone and set up company, apply for investment registration certificate. Finally, directing and organizing the levels of local governments and functional agencies of Danang city in cooperation with Danang IT Park development joint stock company to implement the construction, management to IT zone focus on Danang to develop in the fast and sustainable way.

Danang IT Park is entitled to preferential policies for centralized IT zone as stipulated in the Article 22 Decree no.154/2013/ND-CP to attract the investors to invest and set up business in Da Nang IP park, such as: Preferential corporate income tax for 15 years with tax exemption policy for the first 4 years, 5% for the next 9 years, 10% for the next 2 years and tax incentives after 15 years of operation is 20-22%. Moreover, exemption of import tax for imported goods to create fixed assets, raw materials, machinery and equipment that cannot be domestically produced to serve the production of IT products and IT services of enterprises; 50% reduction of payable personal income tax on income from salaries and wages of high-tech human resources working in IT. In addition, site clearance and infrastructure investment in Danang IT Park- stage 1 will be supported by government and local budgets in accordance with the law, master plan on development of centralized information technology zone approved by the Government. The Danang IT Park – stage 1 will also receive investment credit loans at Vietnam Development Bank for investment.

In the future, domestic and international investors need to update the progress when making investment in the IT sector as well as seizing the investment opportunity, to be able to enjoy the best incentives that Danang set for IT sector in the city with aim to develop a green city to attract the investment that need talents in IT.

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