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.

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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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New Rules on the Work Permit Granting Conditions

This new regulations take effect from April 1st 2016.

Decree 11/2016/ND-CP dated February 3rd 2016 detailing the implementation of the provisions on the granting of work permit to foreign laborers working in Vietnam. This Decree replaces the Decree 102/2013/ND-CP.

Firstly, the Decree 11/2016/ND-CP (Decree 11) clearly stipulating the concept of professionals, managers and CEO. Besides the concepts of current job position, Decree 11 added the concept for other positions that foreign workers undertake.

Foreign workers are considered professionals when they meet one of the two conditions: There is a written confirmation confirmed that they are experts from the agency, organization and business in foreign countries; At least have university degree or equivalent and have at least 03 years working experience in specialized majors in line with the position that foreign workers are expected to work in Vietnam; Other special cases will be decided by the Prime Minister.

The case where foreign workers are considered managers and CEO: Managers are people who manage the enterprise as defined in Clause 18, Article 4 of the Law on Enterprise or the heads and deputy heads of the agency or organization; CEO is the head and directly operating subsidiary agencies, organizations and businesses.

Secondly, Decree 11 also supplements the cases that are not subject to work permit application. In addition to the cases under the old regulations, Point e, Paragraph 2, Article 7 of Decree 11 supplements the cases of foreigners working in Vietnam in the position of experts, managers, CEO or technical labor with working time of less than 30 days and the cumulative time not exceeding 90 days in 01 years, will not have to applying for work permit.

For cases that are not subject to work permit application, foreigners still need to have the certificate of the Department of Labour, Invalids and Social Affairs. The time limit for cases that are not subject to work permit application shall not exceed 02 years and in accordance with the terms of specific cases. (Old regulation did not specify the time limit).

Thirdly, the Decree 11 provides more details on the dossier requesting for the issuance of work permit. Specifically, Decree 11 provides that the health certificate must be valid for a period of 12 months from the signing date of the health argument, and still in effect at the time of work permit application.

Also in Article 10 of Decree 11, the dossier requesting for the issuance of work permit must have the criminal record card or written confirmation confirmed that foreign workers are not offenders or prosecuted for criminal responsibility, which are issued by foreign country. The case where foreign workers are residing in Vietnam, only the criminal record card must be granted by Vietnam. These documents are issued not more than 6 months from the date of issuance to the date of application.

Fourthly, the Decree also refers to dossier requesting for the issuance of work permits for some special cases. Compared with the old regulations, Decree 11 supplements Paragraph 8 of Article 10 on the dossier for some special cases as follows: Has been granted the work permit which is still valid and the employee works for another employer in the same job and position stating in the work permit; Has been granted the work permit which is still valid then the employee works in the different job and position stating in the work permit in accordance with the law but does not change the employer; Has been granted the work permit but it has expired as regulated in Article 174 of the Labor Code and then would like to continue to work in the same job and position stating in the work permit; Has been granted the work permit in the above cases based on the provisions in Decree 102/2013/ND-CP.

Lastly, Decree 11 mentions the cases that need to re-issue the work permit. Specifically, Decree 11 supplements in Article 13 that if the work permit is still valid for at least 5 days but not more than 45 days, it will be re-issued. (Old regulation does not have this case).

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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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.

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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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