Visa and Immigration Matters in Vietnam

Foreigners  entering  Vietnam  for  different  purposes  will  need proper  visas  issued,  failing  which  would lead  to  the  revocation,  invalidation  of  entry/exit/residence  permits issued  by  Vietnamese  competent authorities.  The  length  of stay  in  Vietnam for foreigners  depend  on the  visa type and the time  duration specified  on  the  visa  itself.    For  some  visas,  especially  work  related  visas,  the  foreigners  need  to  be sponsored by Vietnam enterprises  for working purpose.  The proper works  visa must be obtained before work permit in Vietnam would be issued and the foreigners could apply for temporary residence card to stay in Vietnam for a longer period.

Below lists down all visa symbol for references.

1. NG1 –  Issued  to  members  of  delegations  invited  by  the  Secretary  General  of  Vietnam’s  Communist Party of, the President of Vietnam, the President of the National Assembly, the Prime Minister.
2. NG2 –  issued  to  members  of  delegations  invited  by  standing  members  of  the  Secretariat  of  the Vietnam’s Communist Party, Deputy President of Vietnam, Deputy President of the National Assembly, Deputy  Prime  Minister,  President  of  Vietnamese  Fatherland  Front,  Executive  Judge  of  The  Supreme Court, Chief Procurator of the Supreme Procuracy, State Auditor General; members of delegations at the same  levels  of  Ministers,  Secretary  Generals  of  Provincial Communist  Authorities,  President  of  the People’s Committees of provinces.
3. NG3 –   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.
4. NG4- Issued  to  people  who  come  to  work  with  diplomatic missions,  consular  offices,  representative offices  of  international  organizations  affiliated  to  the  UN,  representative  offices  of  intergovernmental organizations,  visitors  of  members  of  diplomatic  missions,  consular  offices,  representative  offices  of international   organizations   affiliated   to   the   UN,   and   representative   offices   of   intergovernmental organizations.
5. LV1 –  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.
6. LV2 –  Issued  to  people  who  come  to  work  with  socio-political  organizations,  social  organizations, Vietnam Chamber of Commerce and Industry.
7. ĐT – Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam.
8. DN – Issued to people who come to work with companies in Vietnam.
9. NN1 –  Issued  to  Managers  of  representative  offices  or  projects  of  international  organizations  and foreign non-governmental organizations in Vietnam.
10. NN2 – Issued to heads of representative offices, branches of foreign traders, representative offices  of other foreign economic, cultural, professional organizations in Vietnam.
11. NN3 –   Issued   to   people   who   come   to   work   with   foreign   non-governmental   organizations, representative  offices,  branches  of  foreign  traders,  representative  offices  of  other  foreign  economic, cultural, professional organizations in Vietnam.
12. DH – Issued to people who come to study or serve internship.
13. HN – Issued to people who come to attend conventions or conferences.
14. PV1 – Issued to journalists who have permanent residences in Vietnam.
15. PV2 – Issued to journalists who come to work for a short period of time in Vietnam.
16. LĐ – Issued to people who come to work.
17. DL – Issued to tourists.
18. TT –  Issued  to  foreigners  that  are  parents,  spouse,  children under  18  years  of  age  of  the  foreigners issued  with  LV1,  LV2, ĐT,  NN1,  NN2,  UNIVERSITY,  PV1,  LĐ  visas,  or  foreigners  that  are  parents, spouse, children of Vietnamese citizens.
19. VR – Issued to people who come to visit their relatives or for have other purposes.
20. SQ – Issued to people at an overseas visa-issuing authority of Vietnam

It is  important that the immigration lawyers  in Vietnam to be retained for advice in regard to visa, work permit, temporary residence card or other immigration matters.

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Workshop discusses renewable energy development

HCMC – Experiences from developed countries have shown that renewable energy cannot be developed without a competitive electricity market in place, heard a workshop in Hanoi on Monday. Experts attended a workshop to make policy recommendations for boosting the development of renewable energy in a competitive power market, the Vietnam News Agency reports. Building a competitive power market is an important element of institutional reform, Nguyen Dinh Cung, head of the Central Institute for Economic Management (CIEM), told the event held by CIEM. Pham Duc Trung, deputy head of CIEM’s Committee for Enterprise Reform and Development, said producers of renewable energy should be entitled to preferential treatment in terms of tax, land use fee and access to credit. The domestic power market has not been made competitive while there are no independent agencies monitoring and regulating the market, making it unattractive to investors, he said. To spur competitiveness, Trung stressed the need to reform State utility Vietnam Electricity Group (EVN) and guarantee a level playing field for electricity producers and distributors. He suggested making the Electricity Regulatory Authority of Vietnam more independent, strengthening the capacity of the Vietnam Competition Authority at the Ministry of Industry and Trade, and applying a competitive pricing mechanism. Nguyen Van Vy, vice chairman of the Vietnam Energy Association (VEA), said the Government should adopt incentive investment policy for projects generating and using renewable energy, and give financial assistance to renewable energy research projects.

Source:The Saigon Times Daily

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Contract Dispute in Vietnam

Disputes in contract performance and solutions

Disputes occur during contract performance are beyond the control of the entity entering contractual relations. In developed countries, lawyers always invited to advise customers to identify potential disputes, and provide solutions, support and provide legal advice and to accompany the enterprises solve disputes in accordance with the provisions of the law, which help businesses to focus on its business activities. Foreign companies when entering Vietnam mostly follow suit to engage dispute or litigation lawyers in Vietnam at early stage of the transactions.

Contract Dispute

Contractual disputes in Vietnam shall be construed as conflicts, disagreements, conflicts between the parties regarding the implementation or non-implementation of rights and obligations in the contract.Disputes could arise in failure to collect the payment from debtor in sales agreement, construction contract disputes between investor and contractor, labour dispute between employer and employee, insurance disputes between ship owner and insurance company.

Contract disputes must satisfy the following factors:

First, there is a contract between the parties. The contract would be in different for ms therefore, there is a need to clearly define if the contractual relationship has been formed or not.

Second, there is a breach of obligations or duties that are in violation of a party in the contractual relationship.

Third, there is disagreement between the parties about the handling of infringement or the consequences of such violations.

It should be noted, the contract disputes arise from the breach. However, not all breaches of contract also lead to disputes.

How to settle the contract disputes in Vietnam

Contractual disputes can be resolved by the following methods:

• Negotiation is the process or behavior in which the two sides conduct exchanges, agreement on common interests and characteristics of disagreement and come to a unified agreement. The negotiation is without the presence of third parties. However, if the lawyers in Vietnam would be involved during the negotiation process, at the role of representing or advising, counseling, then the negotiations tend to be more effective and parties would reach agreement.
• Mediation is one of the options for disputing parties to end the conflict. Mediation is different from negotiating with the intervention of a third party. Mediator will help parties to achieve agreement and resolve conflict.
• Court or arbitration: The settlement of the dispute in court would take time. The court’s ruling can be appealed. It should be noted that, per Vietnam laws, only Vietnam litigation or dispute law firms could represent the client at court. Commercial arbitration is available only in commercial-business sector. The advantage of this method is fast and efficient. However, compare with disputing at court, this method of handling dispute would take higher costs.

Disputes and dispute resolution matters are natural and inevitablein any countries including Vietnam. It is important that parties involved need to identify, anticipate disputes can occur. When there is a dispute, the dispute lawyers will be able to help parties to with advice to reasonable solution to address the disputes effectively.

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Social insurance debt put at VND14 trillion

HCMC – Unpaid social insurance premiums had amounted to VND14.2 trillion by end-October, up from VND13.1 trillion a month earlier, according to Vietnam Social Insurance (VSI).  

VSI deputy general director Tran Dinh Lieu told a conference on how to collect social insurance debt in Hanoi on Wednesday that if social insurance debt owed by insolvent businesses was included, the sum would be bigger. Many companies did not pay social insurance though they already collected premiums from their workers.

Of VND14.2 trillion, VND9.55 trillion was owed to the social insurance fund, with VND6.87 trillion of it owed for at least three months, while unpaid unemployment insurance stood at VND516 billion and unpaid medical insurance at VND4.17 trillion.

VSI attributed the huge social insurance debt to economic difficulties and poor compliance with social insurance regulations by enterprises and insurance agencies at all levels. Debt collections by provincial agencies are below targets and some agencies do not report debt to local governments to find coping solutions.   

Nguyen Tri Dai, head of the collection department at VIS, told the conference that the social insurance agencies in provinces rarely coordinate with the departments of finance to urge insurance payments by provincial budgets for certain groups of privileged people. Notably, such debt in An Giang Province amounted to VND66 billion in January-September.

According to the 2014 Social Insurance Law, the Vietnam General Confederation of Labor is tasked with taking legal action against those enterprises owing insurance premiums and hoarding money of employees.

Lieu said suing businesses owing social insurance premiums is a measure to reduce debt. The confederation of labor in Danang City sued a company but the result has yet to come out.  

Provincial confederations of labor said they had encountered a slew of difficulties when suing businesses which are on the brink of bankruptcy. Even if they win the lawsuit, law enforcement could be hard.

Mai Duc Chinh, vice chairman of the Vietnam General Confederation of Labor, told provincial confederations of labor to take to court businesses that owe social insurance premiums.  

Source: SaigonTimes

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HCMC proposes setting up property market info center

HCMC – HCMC has proposed establishing a center to store and manage data about land, homes and housing projects, heard a meeting last week.

This is one of a number of measures suggested in the city’s property market development plan in 2016-2020 with a vision towards 2030, which was the topic of discussion at the meeting.

The city expects the information center could help it build official real estate market indexes which market participants could use as references.

The plan will develop infrastructure to connect urban areas, diversify property products, boost development of condo buildings, and encourage investors to get involved in projects to build homes for low-income people.  

The city petitions the Government to establish a general department for housing development and allow it to form a housing development board under the city government.  

The plans also mentions a number of measures to ensure transparency on the market, improve the cityscape and oversee housing development.  

Tran Du Lich, former deputy head of the HCMC delegation of NA deputies, said the plan is well prepared but contains no deep analysis of market conditions. It should point out what is not transparent, and what regulations overlap, he said.

Lich said laws such as the Land Law, the Construction Law, the Housing Law and the Law on Real Estate Business have conflicting provisions which have left negative effect on the real estate market.

Le Chi Hieu, vice chairman of the HCMC Real Estate Association (HoREA), shared Lich’s view, saying many existing regulations are inconsistent, making life difficult for property companies.

High land prices and land-use fees are weighing on businesses and homebuyers, he noted, adding the State should set up a special financing mechanism, such as a housing development fund, to lure more businesses to join low-cost housing projects.

An official of the State Bank of Vietnam’s HCMC branch said the plan does not make clear the financing structure of enterprises involved in property projects. At present, a majority of investors rely heavily on bank loans to fund their projects but this source of capital would drop in the future in line with the central bank’s Circular 06 which sets out a roadmap for tightening lending to real estate projects.

To ensure sustainable development for the property market, bank loans should fall while increasing capital from other sources such as homebuyers, investment funds and corporate bonds, the central bank official said.

Source SaigonTimes

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Vietnam National Power Development Plan til 2020

Vietnam Prime Minister on Mar 18th, 2016 has issued decision 428 QD-TTG which approved the national power development plan til 2020 with visions extended til 2030.  This is expected to boost the competitive environment in a way to attract investment in thermal, water, wind and other sustainable power from various sources in Vietnam.

We hereby introduces the decision for your reference.

See more:

http://www.antlawyers.vn/library/decision-no-428qd-ttg-on-the-national-power-development-plan-of-vietnam.html

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Vietnam Assembly to Hold Off Building Nuclear Power Plant

It is important for Vietnam to properly re-balance the power supply. Without nuclear power, Vietnam shall need to add additional coal-fired power plants.  Further, Vietnam will need to accelerate more renewable energy, including wind energy, solar energy projects and attract more investment in Vietnam in these energy sectors.

According to the National Assembly Office, the Parliament met the Minister of Industry and Trade on Nov 10th, 2016 whom  will present the draft draft resolution on holding off building the first nuclear power plant in Ninh Thuan, Vietnam.

Back to history, on Nov 25th, 2009, with 382 endorsed delegates (at the rate of 77.48%), the Vietnam National Assembly has decided to approve the investment policy of Ninh Thuan nuclear power plants: Ninh Thuan Phuoc Dinh 1, located in Thuan Nam and Ninh Thuan 2 located in Vinh Hai commune, Ninh Hai district with a capacity of about 2,000 MW per plant.

Key technologies of the two plants is “light water reactor technology improvements, the most modern generation furnace, with proven, guaranteed safety and economic efficiency at the time of the project”.

Recently, there has been concerns among energy experts and Vietnamese people on a number of issues in regard to legal frameworks, technology, safety and expert resources.  It appears that such concern has been listened leading to the possible decision to postpone the deadline to start the the nuclear power project.  According to the new plan, the new clear power plant could be scheduled in the year 2030.

According to energy experts in Vietnam, being cautious is necessary. In order to implement the nuclear power projects, Vietnam will need to take time to prepare.

Firstly, Vietnam will need to evaluate the project, organize international tender, and implement detailed design.  Such will need the help of foreign energy consulting firms to help appraise.

Secondly, Vietnam is sending 300-500 experts to Russia and Japan to study experience about managing the nuclear power plants.  This training period is important to ensure the proper people are well equipped with knowledge and are capable to manage the plants and this process will take time.

Thirdly, Vietnam is negotiating with Russian factories and Japanese factory to import technology in nuclear power plants and the negotiations are still on-going.

Fourthly, number of scientists and people still fear safety problems of nuclear source especially the last two incidents at Chernobyl nuclear power plant in Russia and the Fukushima plant in Japan.  Safe operation is one matter but the handling of residues is also an on-going concerns that Vietnam has to face when investing in nuclear power project.

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Vietnam Is About to Have Laws for Venture Capital Funds

Vietnam is planning to adopt a new law, which forms the basis for the establishment of venture capital funds in the country and calling for more money to invest in startup activities, which is being strongly encouraged.

According to Deal Street Asia, Vietnam will target growth rate of 7% per year until 2020. The draft law on supporting small and medium enterprises, which is expected to be adopted in the 3rd parliamentary session, has a section dedicated to Startup Company called creative enterprise”.

With the adoption of proposals, Vietnam will officially legalize the provisions in the establishment and operation of venture capital funds and angel investment funds.

Vietnam Government is also considering promoting startup activities to boost the economy, which depends heavily on traditional areas. Besides, Vietnam is also attracting significant inflows of FDI capitals with 11.02 billion USD in the first 9 months of 2016, increasing by 12.4% over the same period last year.

According to economic experts, the new law for investors may include provisions to help tax procedures become more favorable, shortening the time of investment license issuance. If passed by the Vietnam National Assembly, the new law can alter the perspective of foreign investors in Vietnam as well as attracting more investment capital from abroad.

The new regulations will also help Vietnam to avoid loss of capital when many entrepreneurs choose foreign countries, such as Singapore, to place their headquarters to take advantage of attractive policies like tax cuts or simple establishment procedures.

Besides restrictions on capital policies, Vietnam is facing problems in the use of foreign talented people. This is considered a major barrier for Vietnam startup businesses to develop and grow regionally and internationally. However, the Government of Vietnam is having many changes, leading to the appearance of more and more investors, including foreign investors. Furthermore, the appearance of laws for venture capital funds will help startup environment in Vietnam becomes more ideal.

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.

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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Hire Lawyers to Collect Debt

The collection of bad debt and late payment after sales are difficult and sensitive jobs. Therefore, the debt collectors should be well informed about the legal nature of the debt profile and they must have skills on debt recovery.

Depending on the nature of each case and each specific dossier, the debt collectors can be able to make suitable plans to deal accordingly.

So there will be a lot of methods and different solutions in the work of debt recovery. However, the recovery of debt will apply the following two basic methods:

– Mediation and agreement methods are ways that lawyers and legal professionals will come directly to negotiate and persuade debtor to make their debt payment schedule.

– Method to resolve through court proceeding or in coordination with the functional agencies: This method will be applied in the case that debtors are unwilling to cooperate, trying to evade responsibility, or the payment plan is delayed.

Time limit for settling the debt collection:

Time limit for settling the debt collection is influenced by many different factors but the two most important factors are the legality of the documents and the payment capability of debtors.

There are debtors, after being explained the consequences and losses of non-payment, late payment by lawyers and legal experts, they were aware of and make plans to pay debts.

But there are debtors that the creditors require the support and intervention of the functional agencies, and then the debtors accept to pay. Therefore, the duration of the case will be prolonged.

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.

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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Decision 3993/QD-BCT on Investigation to Apply Anti-Dumping Measure

On October 5th 2016, the Ministry of Industry and Trade issued Decision 3993/QD-BCT on the investigation to apply anti-dumping measure.

Accordingly, an investigation will be conducted to apply anti-dumping measure against H-shaped steel products, with HS code: 7216.33.00, 7228.70.10 and 7228.70.90, imported into Vietnam from the People Republic of China (including Hong Kong). Investigation procedures are complying with the law on anti-dumping of goods imported into Vietnam.

Decision 3993 takes effect upon signing.

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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.

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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Circular 11/2016/TT-BKH on EPC Bidding Documents

Application of EPC bidding document form.

According to Circular 11/2016, EPC is applicable to complicated projects that have technical requirements, high technology and strictly comply with the synchronism, consistency from the design stage to the equipment supply stage, construction, training, technology transfer, warranty and long-term maintenance.

EPC is not applicable in the cases that the bidding package are separated into separate bidding packages in order to create conditions for domestic businesses to participate in the bidding and execution of bidding package.

The bidding document form includes 3 parts: bidding procedure, requirement on the biding package and contract conditions. In the process of formulation, appraisal and approval of EPC bidding document in the form of public bidding, limited international bidding, Circular 11/2016 regulates that it is required to apply EPC bidding document form.

When applying the EPC bidding document form, the investor and the procuring entity need to amend and supplement the content of the chapter of the bidding document form in order to fit the nature and size of each bidding package and the time to organize the bidding.

For EPC bidding package that apply the form of public bidding and limited domestic bidding, the appointment of contractors should be based on the size and nature of the bidding package to edit the accordingly bidding document form.

The mixed bidding package includes design and supply of goods, design and installing, supply of goods and installing, project planning, design, supply of goods and installing (turnkey), based on the size and nature of the bidding package to edit accordingly.

For mixed bidding package that apply the two phases method, the investor can edit accordingly.

Contract

Circular 11/2016 stipulates that the bidding document must include contract agreement form, article and clause as a basis for the contractors to bid, and for the parties to negotiate, complete, sign and implement the agreement.

The contract signed between the investor and the contractor must comply with the contract agreement form, the contractual terms in the bidding documents, adjustments, supplements proposed by the contractor and approved by the investor but not contrary to the law on procurement and related legislation.

In addition, the contractor’s bid price must include all the necessary costs to implement the bidding package, which includes all taxes, charges and fees (if any).

Circular 11/2016/TT-BKH entered into force on October 1st 2016.

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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Circular 140/2016/TT-BTC on Working License Fee on Holiday to Australia and New Zealand Citizens

On September 19th 2016, the Ministry of Finance issued Circular 140/2016/TT-BTC prescribing the rate, regime of collection and payment of license fee to work on holiday for New Zealand and Australia citizens.

Accordingly, the license fee rate to work on holiday for New Zealand and Australia citizens is 600,000 VND/time/person, applicable for new issuance and 600,000 VND/time/person for reissue.

The license fee shall be collected in Vietnam dong; the collection of fee must be submitted 100% to the state budget.

This Circular replaces Circular 97/2012/TT-BTC on June 18th 2012 and takes effect from January 1st 2017.

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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Cases Are Rejected When Get Married with Foreign Element

The law of Vietnam prescribed quite detail about the marriage with foreign elements.

The registration of marriage with foreign elements will be rejected in the following cases:

– One or both parties are not old enough to get married under the laws of Vietnam

– The foreign applicant is not old enough to get married under the laws of the country of which he/she is a citizen or permanent resident (for stateless persons)

– The marriage between men and women is not due to a voluntary decision

– There is deception, coercion in the marriage

– One or both parties had husband or wife

– One or both parties had lost their capacity for civil acts

– The parties have the same direct blood line or relative within three generations

– The parties are or have been the adoptive parents and adopted children, father in law and daughter in law, mother in law and son in law, stepfather and his wife’s stepchild, stepmother and her husband’s stepchild

– The parties of the same sex (men marrying men, women marrying women)

– The marriage registration will also be rejected if the results of the interview, and verification showed that the marriage through illegal brokerage; sham marriage that is not intended to build prosperous, equal, progressive, happy and sustainable family; marriage is inconsistent with the fine traditions of the nation; taking advantage of marriage to trafficking of women, sexual abuse against women or for other self-seeking purposes.

Please contact ANT Lawyers via email ant@antlawyers.vn or call our Hotline +84 8 3520 2779 for advices.

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Joint Circular 02/2016/TTLT BNG-BTP on Civil Status Registration in Vietnam Consular Office Abroad

Joint Circular 02/2016/TTLT BNG-BTP of the Ministry of Foreign Affairs and the Ministry of Justice regulates the registration and management of civil status at the diplomatic mission agency, consular representative offices of Vietnam in foreign country. The Joint Circular is issued on June 30th 2016.

Under the provisions of this Circular, representative offices in the consular area where the parent of the child resides or where the child was born have to perform birth registration for the children that were born abroad, not yet performed birth registration in foreign competent authority and fall into one of the following cases, such as: Having parents who are nationals of Vietnam; Having mother who is Vietnam citizen, the father is a stateless or unidentified person; Having father or mother who is citizen of Vietnam, the remaining person is foreigner, the parents have written agreement on choosing Vietnam nationality for the child when implementing birth registration.

Birth registration dossier includes: Birth registration declaration; Birth certification or other documents issued by the competent authority certifying that the child is born abroad and the relations between mother and child; The written agreement of the parents on choosing Vietnam nationality for the child if the child has father or mother who is foreigner.

This Joint Circular takes effect from August 15th 2016.

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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