Procedures to Apply for Temporary Residence Card in Vietnam

For foreigners wishing to reside in Vietnam, they must belong to the subjects to be granted temporary residence card.  For most of the case, the temporary residence card holder are investors whom invest to establish company in Vietnam, or employee being employed and sponsored by an organization in Vietnam.

The following shall details the procedures to be implemented for applying for temporary residence card in Vietnam.

I. Subjects to be Granted Temporary Residence Card

• Issued to members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their spouses, children under 18 years of age, and housemaids during their term of office. (NG3)
• Issued to people who come to work with units affiliated to Vietnam’s Communist Party; the National Assembly, the government, Central Committee of Vietnamese Fatherland Front, the People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, Ministries, ministerial agencies, Governmental agencies, the People’s Councils, the People’s Committees of provinces. (LV1)
• Issued to people who come to work with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry. (LV2)
• Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam. (DT)
• Issued to Managers of representative offices or projects of international organizations and foreign non-governmental organizations in Vietnam. (NN1)
• Issued to heads of representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam. (NN2)
• Issued to people who come to study or serve internship. (DH)
• Issued to journalists who have permanent residences in Vietnam. (PV1)
• Issued to people who come to work. (LD)
• Issued to foreigners that are parents, spouse, and children under 18 years of age of the foreigners issued with LV1, LV2, DT, NN1, NN2, UNIVERSITY, PV1, LD visas, or foreigners that are parents, spouse, and children of Vietnamese citizens. (TT)

II. Conditions for Implementation

• Time to stay in Vietnam more than 01 year;
• Valid passport more than 01 year;
• In case of having a work permit, the work permit of the foreigner must be valid for 01 year from the date of the application for a temporary residence card. For investors, there must be written documents proving that foreigners contribute capital to, or invest in, enterprises in Vietnam (business registration certificates, investment licenses …).

III. Required Documents to Apply Temporary Residence Card

• A written request of agencies, organizations and individuals offering, guarantee and propose for temporary residence card (form NA7)
• 01 declaration of information of foreigners who apply for temporary residence, with photos and sealed by the agency or organization: A written request for temporary residence card (Form NA8); a declaration about Foreigners applying for temporary resident card (Form N7B)
• Two 3 x4 cm size photographs;
• Passport, valid visa, immigration cards (bring original for comparison);
• Notice of use of the seal of the enterprise
• 01 copies or photo (bring the original for comparison) proof of purpose to stay in Vietnam.

Depending on situations, the following documents would be required: investment licenses, permits the establishment of enterprises, work permit in Vietnam, certificate of board members and permits the establishment of representative offices, marriage/birth registration.

IV. Implementing Agencies to Apply Temporary Residence Card:

Immigration management Department, Police provinces and cities directly under the Central Government.

V. Duration to Obtain Temporary Residence Card in Vietnam: 05 to 07 days;

Read More

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.

---------------------------------------------------------------------------

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

Read More

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.

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

Read More

Investment flow into Phu Quoc Island remains strong

KIEN GIANG – The investment flow into Phu Quoc Island off Kien Giang Province has stayed strong, with nine projects worth around VND2.6 trillion approved in the first half of this year, said the Management Board of the Phu Quoc Economic Zone.

Apart from these nine projects, which cover 64.38 hectares in the island district, the board proposed the provincial government of Kien Giang to give approval in principle to 16 other projects which need 476 hectares of land.

The board also suggested the provincial government scrap two projects occupying 28.7 hectares of land, and adjust 21 investment registration certificates.

With the updated figures, Kien Giang had approved 197 projects capitalized at VND218 trillion (US$9.6 billion) on Phu Quoc Island as of June this year, according to a report on first-half socio-economic performance of a working group in charge of studying mechanisms and policies for development of the island.

There are 265 valid projects covering more than 10,500 hectares as of now, of which foreign investors have 26 projects worth US$290 million while domestic investors have 197 projects worth VND218 trillion that have either obtained investment certificates or approved in principle.

Thirty-one projects which have been up and running cover over 2,000 hectares and have combined capital of around VND49.5 trillion. Besides, 24 other projects which need more than 1,700 hectares and roughly VND46 trillion are under progress now.

The report says nearly 988,000 tourists visited the island in the six-month period, up a staggering 44.1% compared to the same period last year, and this met 54.2% of the full-year target. Notably, 198,820 international visitors came to the island, up 77.7%.

In regard to agriculture, local farmers harvested 1,245 tons of pepper, up 2.05% year-on-year. In addition, the total output of seafood in the period totaled more than 99,500 tons (up 27.4% year-on-year), 49.6% of the full-year target. As a result, local farmers earned an estimated VND1.77 trillion.

Meanwhile, the value of industrial production was estimated at around VND2.58 trillion, increasing 12.2% year-on-year and fulfilling 61.1% of the full-year target.

The working group of Phu Quoc has been working with the provincial government to finalize a proposal for the special administrative and economic zone on Phu Quoc Island.

The group has been working with the Ministry of Planning and Investment, related agencies, and Kien Giang Province to draft the Law on Special Administrative and Economic Units which will be submitted to the Prime Minister for consideration and the National Assembly for approval in the upcoming meeting.

See more: Why Investors Should Set-up Business in Phu Quoc?

Source: The Saigon Times

Read More

Vietnam removes Hong Kong from steel dumping list

Vietnam has lifted anti-dumping duties on galvanized steel imports from Hong Kong, according to the Ministry of Industry and Trade, Lao Dong newspaper reports.

The ministry issued two decisions on anti-dumping measures, namely Decision 3584/QD-BCT dated September 1, 2016 on temporary anti-dumping duties and Decision 1105/QD-BCT dated March 30, 2017 on anti-dumping duties on galvanized steel imports from China (including Hong Kong) and South Korea.

After a review, the ministry issued Decision 2754/QD-BCT on July 20, 2017 amending Decision 3584 and Decision 1105. Vietnam now removes anti-dumping duties on galvanized steel imported from Hong Kong in line with the Decision 2754.

Source: The Saigon Times

---------------------------------------------------------------------------

ANT Lawyers is a reputable law firm in Vietnam with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

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 (+84) 24 32 23 27 71.

Read More

Value of M&A deals forecast to reach US$5 billion this year

HANOI - Mergers and acquisitions (M&A) transactions in Vietnam are forecast to reach about US$5 billion this year, down from US$5.8 billion in 2016 and US$5.2 billion in 2015, said Le Trong Minh, editor-in-chief of Dau Tu newspaper.

At a press conference held in Hanoi on July 20 to announce the upcoming Vietnam M&A Forum 2017, Minh said M&A transactions are facing numerous difficulties. Enterprises and the Government should find ways to increase both the quality and the number of deals.

According to an assessment of forum organizers, in 2016 and the first haft of 2017, the equitization of State-owned enterprises was not as good as expected.

In 2016, only 52 State enterprises went public, representing only 25% of the 2015 figure, and the number was 20 in the first six months of this year, or 76% of the same period last year.

According to a report by the Government, 96.3% of State enterprises have been equitized but only 8% of the State holdings have been offered to the public.

In 2016, retail was among the key sectors of M&A deals, accounting for 38.46% of total value. A notable deal took place in early May 2016, when Central Group from Thailand acquired the Big C supermarket chain from Casino Group at US$1.05 billion.

Earlier, another Thai group, TCC Holdings, spent US$800 million taking over Cash & Carry businesses in Vietnam from German retail group METRO.

In 2014-2018, M&A transactions in Vietnam may hit US$20 billion, Minh added.

M&A has helped diversify capital mobilization channels in Vietnam and boost economic restructuring and equitization of State-owned enterprises. In addition, corporate governance and the competitiveness of many local enterprises have improved thanks to M&A deals.

Vietnam M&A Forum 2017 will be held by Dau Tu newspaper on August 10 at GEM Center in HCMC. The forum will feature a specialized conference on M&A activities, a ceremony to honor the best M&A deals of 2016-2017 and a training workshop on M&A strategy.

See more: How To Conduct Legal Due Diligence for M&A in Vietnam?

Source The Saigon Times

Read More

HCMC aims to have 100MW of renewable energy by 2020

HCMC expects to generate 100MW of electricity from renewable resources by 2020 as many investors have expressed their keen interest in this field in the city, according to the HCMC Department of Industry and Trade.

At a meeting with HCMC Party Secretary Nguyen Thien Nhan at Go Cat waste-to-energy plant on July 19, an official of the department said that the city holds high potential to produce energy from sunlight, waste and wind. The World Bank, after conducting a survey of one million households in the city, has concluded that about 50% of roofs of houses can be fitted with solar panels.

Many enterprises also want to invest in solar power projects in HCMC after new policies on the the price of solar power were issued.

A financial investor in HCMC told the Daily that it will inject US$40 million into Hydraulic-Machine Co Ltd to develop the 20-MW Go Cat waste-to-energy plant in Binh Tan District.

The plant is expected to bring about great economic benefits as the investor can recoup investment within five years from both industrial waste treatment fees and electricity generation.

The amount of garbage discharged in the city increases 5% a year and many landfills have been full and closed.

In addition, the city can also develop a wind power plant in Can Gio District.

According to data of the Department of Industry and Trade, capacity of renewable energy in the city remains modest with 2.4MW from Go Cat plant, 1.5MW of solar power from buildings, households and enterprises and 2MW from a trial waste-to-energy plant in the Da Phuoc Waste Treatment Complex.

Source The Saigon Time

Read More