Temporary Residence Card in Vietnam

  If a foreigner have been sponsored work permit in Vietnam to work or he/she decides to set up a company in Vietnam, he/she could be granted temporary residence card in Vietnam to live in Vietnam instead of applying and re-newing business or travel visas every three months.

Procedures to prepare for temporary residence card in Vietnam

Subjects to be granted temporary residence card in Vietnam:

• Members of foreign representative agencies and their accompanying relatives (father, mother, wife, husband, children under 18 years old).
• Foreigners who work with the Institute of the Supreme People’s Procuracy, the Supreme People’s Court, the ministries, ministerial-level agencies, agencies attached to the Government and People’s Committees of provinces and cities directly under the Central Government and the Central offices of mass organizations, mass organizations.
• Foreigners who work in projects already approved by competent state agencies licensed in Vietnam.
• Foreigners who work with businesses in Vietnam has the work permit valued more than 01 year.
• Persons on the payroll of foreign representative offices and branches of economic organization, culture and other professional organizations of foreign non-governmental organizations based in Vietnam.
• Foreigners staying in Vietnam for other purposes.

The dossiers for application of temporary residence card in Vietnam:

• A written request of agencies, organizations and individuals offering, guarantee and propose for temporary residence card;
• 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 N7A); a declaration about Foreigners applying for temporary resident card (Form N7B)
• 02 3 x4 cm size photographs;
• 01 copies of passport, valid visa, immigration cards (bring original for comparison);
• 01 copies or photo (bring the original for comparison) proof of purpose to stay in Vietnam.

As the case requires appropriate documents: 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.

Implementing agencies for temporary residence card in Vietnam:

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

Implementation time for temporary residence card in Vietnam:

05 to 07 days;

How immigration and employment lawyers in Vietnam could help?

It takes time to prepare the documents in the correct ways.  We help the client saves time and cost by providing professional advice and representation.  ANT Lawyers law firm is a law firm in Vietnam with offices in Hanoi, Da Nang and Ho Chi Minh city.  Our immigration and employment lawyers in Vietnam help the client   comply with the laws while doing business in Vietnam.

Source: https://antlawyers.vn/library/temporary-residence-card.html

Legal Compliance with the Assistance of Life Sciences Lawyers in Vietnam

  The burgeoning life sciences sector in Vietnam offers a plethora of opportunities for foreign companies seeking to explore and invest in the market. However, the complex regulatory landscape, especially in areas like medical device import registration and pharmaceutical distribution, necessitates adept legal counsel. In this article, we delve into the ways life sciences lawyers in Vietnam play a pivotal role in advising and ensuring legal compliance for foreign clients venturing into life science business activities.

1. Understanding the Regulatory Landscape and How Life Sciences Lawyers in Vietnam Could Help?

Vietnam’s regulatory environment for life sciences is multifaceted, requiring a nuanced understanding of laws and regulations governing medical devices, pharmaceuticals, and related activities. Life sciences lawyers in Vietnam act as guides, helping clients navigate the intricacies of Vietnamese law to ensure adherence to all necessary compliance requirements, for instances medical device import registration, pharmaceutical distribution and other compliance works.

2. Medical Device Import Registration: A Legal Roadmap

a. Regulatory Compliance Assessment:
– Life sciences lawyers in Vietnam assess the regulatory landscape for medical device importation, helping clients understand the specific requirements set by the Ministry of Health (MOH). This includes evaluating product classifications, licensing, and registration prerequisites.

b. Application and Documentation Assistance:
– Assisting clients in preparing and submitting import registration applications is a key role of life sciences lawyers in Vietnam. They ensure that all required documentation is meticulously assembled and submitted to expedite the approval process.

c. Collaboration with Regulatory Authorities:
– Life science lawyers in Vietnam facilitate communication and collaboration with regulatory authorities on behalf of their clients. This involves addressing queries, providing additional information, and ensuring a smooth interaction with the MOH for efficient registration processes.

d. Post-Registration Compliance Monitoring:
– After successful registration, ongoing compliance is imperative. Life science lawyers in Vietnam help set up systems for post-registration monitoring, ensuring that clients remain in compliance with all applicable regulations throughout the product lifecycle.

3. Pharmaceutical Distribution: Guiding the Way

a. Licensing and Regulatory Approvals:
– Life science lawyers in Vietnam guide clients through the licensing process for pharmaceutical distribution, ensuring compliance with relevant regulations. This involves understanding capital requirements, storage conditions, and distribution network specifications.

b. Contract Review and Negotiation:
– Reviewing and negotiating contracts is a crucial aspect of pharmaceutical distribution. Life sciences lawyers in Vietnam meticulously examine distribution agreements, ensuring that they align with Vietnamese law and adequately protect the interests of foreign clients.

c. Risk Mitigation Strategies:
– Developing strategies to mitigate risks associated with pharmaceutical distribution is a core function of life science lawyers. They identify potential pitfalls, propose risk mitigation measures, and assist in implementing these strategies to safeguard clients’ interests.

4. Tailored Legal Advice for Clients

a. Cultural Sensitivity and Business Practices:
– Life sciences lawyers in Vietnam with local expertise offer foreign clients insights into Vietnamese business practices and cultural nuances. This understanding is invaluable for establishing effective business operations while respecting local customs.

b. Ongoing Legal Support:
– The regulatory landscape is subject to change. Life sciences lawyers in Vietnam provide continuous support, keeping clients informed about legal developments, ensuring proactive adjustments to business strategies in response to evolving regulations.

5. Nurturing Successful Life Sciences Ventures in Vietnam

Navigating the legal terrain of life sciences in Vietnam requires not only legal expertise but also an understanding of the unique challenges posed by the market. Life sciences lawyers in Vietnam act as strategic partners, offering tailored legal advice, ensuring compliance, and paving the way for foreign clients to thrive in the burgeoning life sciences sector. With their assistance, companies can confidently embark on ventures in medical device importation, pharmaceutical distribution, and other life science activities, contributing to the growth and success of Vietnam’s dynamic healthcare industry.

ANT Lawyers, law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/life-sciences-lawyers-in-vietnam.html

How Foreigners Could Apply for Residence Permits? Advice from Immigration Lawyer in Vietnam

  

It is important to make sure visa matches purpose of entrance to Vietnam. Immigration lawyer in Vietnam could help validate and advise.

In the current process of industrialization and international integration, it is common for foreigners to reside and work in Vietnam permanently or temporarily. In order to legally reside in Vietnam, a foreigner must be eligible to be granted a permanent residence card or a temporary residence card in accordance with Vietnam immigration law.

Temporary residence card in Vietnam

Temporary residence card is a document issued by an immigration management agency or a competent agency of the Ministry of Foreign Affairs to a foreigner who is allowed to reside in Vietnam for a definite time and has a valid temporary residence card visa replacement.

Subjects granted temporary residence cards in Vietnam include:

(i) Foreigners who are members of diplomatic missions, consular offices, representative offices of international organizations of the United Nations, inter-governmental organizations the government in Vietnam and their spouses, children under 18 years of age, and domestic servants who accompany them for their respective terms;

(ii) Foreigners enter with visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT. Depending on each person who is granted a temporary residence card in Vietnam, the duration of the temporary residence card is different.

Foreigners who are eligible to be granted temporary residence cards in Vietnam according to the two subjects mentioned above must be sponsored and applied for residence card in Vietnam by the agencies, organizations, individuals at the Immigration Department or the Immigration Department Police Department of the province, centrally run city where the agency or organization sponsoring is headquartered or where the sponsored party resides.

Permanent residence card in Vietnam, can you get it?

It is very challenging to apply for the permanent residence card in Vietnam.   The permanent residence is issued by the immigration authority to foreigners who are allowed to reside indefinitely in Vietnam and is valid in lieu of a visa.

Foreigners who are considered for permanent residence in Vietnam include:

(i) Foreigners who have made meritorious, contributions to the cause of construction and defense of the Vietnamese fatherland are awarded medals or titles by the Vietnamese government state honor;

(ii) Foreigners who are scientists, experts temporarily residing in Vietnam;

(iii) The foreigner is guaranteed by father, mother, wife, husband, child who are Vietnamese citizens who are permanently residing in Vietnam;

(iv) Stateless people who have temporarily resided continuously in Vietnam from 2000 or earlier.

At the same time, the following conditions must be met:

(i) Having a lawful place of residence and a stable income to ensure life in Vietnam;

(ii) If a scientist, expert is temporarily residing in Vietnam, must be requested by a Minister, Deputy Minister of a ministerial-level agency, a government-attached agency in charge of state management in that professional field,

(iii) If sponsored by father, mother, wife, husband, child who is a Vietnamese citizens who are permanently residing in Vietnam, the duration of temporary residence in Vietnam for a foreigner applying for permanent residence shall be determined as follows: Foreigners who have temporarily resided in Vietnam for 03 consecutive years or more are determined on the basis of the entry verification stamp, the exit verification stamp issued at the border gate with a total temporary stay in Vietnam from 03 years or more in the last 4 years from the date of applying for permanent residence.

To save time and hassles, it is suggested to consult with lawyers in Hanoi, or Da Nang or Ho Chi Minh City which our immigration lawyer in Vietnam could help.

Source: https://antlawyers.vn/library/visa-and-immigration-matters-in-vietnam.html

13 Compliance Reports of Foreign-Invested Enterprises and How Compliance Law Firms in Vietnam Could Help?

  Foreign-invested enterprises play an increasingly crucial role in mobilizing and developing Vietnam’s economy. To ensure continuous operations and compliance with legal regulations, these enterprises regularly conduct and report on various aspects of their business activities. Below is an overview of the compliance reports that foreign-invested enterprises commonly undertake and how compliance law firms in Vietnam could help.

13 Compliance Reports of Foreign-Invested Enterprises in Vietnam

1. Labor Utilization Report

This report focuses on providing detailed information about the labor utilization situation within the enterprise. It includes the number of employees, the distribution of job positions, information about labor contracts, and related policies. The goal is to ensure that the enterprise complies with all labor-related regulations and creates a positive working environment.

2. Recruitment and Use of Vietnamese Labor Report

This report describes the process of recruiting and using Vietnamese labor within the enterprise. Detailed information about the number of recruits, selection processes, and human resource support policies is covered. This is an essential tool to ensure that the enterprise has an adequate and high-quality local workforce.

3. Notification of Labor Movement Report

This report focuses on workforce movements such as resignations, promotions, and other events related to personnel. It helps the enterprise monitor the stability of the workforce and provides essential information for future personnel strategy decisions.

4. Unemployment Insurance Participation Report:

This report provides detailed information about the participation of employees in unemployment insurance. It includes the number of participants, related policies, and details of events that may affect employees’ unemployment benefits.

5. Occupational Health Report of the Workforce

This report focuses on the health status of employees within the enterprise. It includes information about health programs, prevention strategies, and details of medical support provided to employees.

6. Occupational Safety and Health Report

Ensuring workplace safety and health is a top priority for every enterprise. This report details the measures, policies, and performance in maintaining a safe and healthy working environment.

7. Comprehensive Summary of Workplace Accidents:

This report provides an overview of workplace accidents within the enterprise. It includes figures, causes, and improvement measures to ensure the safety of employees.

8. Explanation of the Need for Foreign Labor

This report provides a detailed explanation of the reasons and the need for employing foreign labor. It may include explanations about specific professional skills, economic benefits, and cultural contributions that foreign labor brings to the enterprise.

9. Explanation of Changes in the Need for Foreign Labor

This report explains any changes in the demand for foreign labor. Reasons may include changes in business strategy, the need for specialized skills, or fluctuations in the labor market.

10. Report on the Utilization of Foreign Labor

This report provides an overview of the utilization of foreign labor, including the number, job positions, and other relevant information about foreign labor within the enterprise.

11. Report on the Implementation of Investment Projects

This report focuses on evaluating and reporting on the progress of investment projects. It includes updates on project timelines, reasons for any issues, and the results of the project on the enterprise.

12. Report on the Implementation of Goods Trading Activities and Related Direct Trading Activities

This report details the enterprise’s activities in goods trading and directly related activities. It includes information about processes, partners, and measures to ensure transparency and legal compliance.

13. Monitoring and Evaluation Report of Investment Implementation

This report focuses on evaluating the monitoring and implementation of investment projects. It includes evaluation criteria, feedback from stakeholders, and measures to improve investment performance.

These reports are not only crucial factors to ensure the enterprise’s compliance with regulations but also help the enterprise gain a deeper understanding of every aspect of its business operations, from human resource management and occupational safety to project management and goods trading. This not only creates a positive working environment but also positions the enterprise competitively in today’s diverse and challenging market.

How Compliance Law Firms in Vietnam Support Enterprises with Compliance Report?

Compliance law firms in Vietnam play a pivotal role in assisting enterprises, especially foreign-invested ones, in navigating the complex regulatory landscape of Vietnam. Their expertise extends across various aspects of business operations, and when it comes to compliance reports, these firms offer valuable support in several key areas:

1. Interpretation of Legal Requirements
– Labor Utilization and Recruitment Reports: Compliance law firms in Vietnam help enterprises interpret the legal requirements related to labor utilization and recruitment. They ensure that the reports align with Vietnamese labor laws and regulations, minimizing the risk of legal issues.

2. Ensuring Adherence to Labor Laws
– Notification of Labor Movement and Unemployment Insurance Participation Reports: Compliance law firms in Vietnam assist in crafting reports that adhere to labor laws, ensuring that the notification of labor movement and participation in unemployment insurance complies with the legal framework.

3. Occupational Health and Safety Compliance
– Occupational Health and Safety, Workplace Accidents Reports: These compliance law firms in Vietnam guide enterprises on fulfilling occupational health and safety requirements. They help implement policies and practices to prevent workplace accidents, ensuring compliance with safety regulations.

4. Managing Foreign Labor Compliance
– Reports on Foreign Labor: Compliance law firms in Vietnam help enterprises navigate the legal aspects of employing foreign labor. They ensure that enterprises meet the criteria for employing foreign workers and comply with work permit regulations.

5. Project Implementation and Trading Activities Compliance:
– Implementation of Investment Projects, Goods Trading Activities Reports: Compliance law firms in Vietnam assist in reporting on the implementation of investment projects and trading activities. They ensure that enterprises meet legal standards in project execution, trading, and related activities.

6. Evaluation and Risk Mitigation
– Comprehensive Summary of Workplace Accidents, Monitoring and Evaluation of Investment Implementation Reports: Compliance law firms in Vietnam help enterprises evaluate risks associated with workplace accidents and investment projects. They provide guidance on mitigating these risks to ensure compliance and enhance operational safety.

7. Legal Support for Reporting Changes
– Explanation of Changes in the Need for Foreign Labor Report: When enterprises need to report changes in the demand for foreign labor, compliance law firms in Vietnam offer legal support. They ensure that explanations align with legal requirements and help address any legal implications.

8. Legal Framework for Reporting
– Comprehensive Legal Support: Throughout all the mentioned reports, compliance law firms in Vietnam provide a comprehensive legal framework. They ensure that enterprises understand and adhere to the legal requirements, minimizing the risk of non-compliance and associated penalties.

9. Proactive Compliance Management
– Proactive Compliance Measures: Compliance law firms i Vietnam work proactively with enterprises to establish robust compliance management systems. They assist in the development of policies and procedures that facilitate smooth reporting and adherence to legal standards.

10. Expertise in International Business Law
– Integration of International Standards: Given the global nature of many enterprises, compliance law firms in Vietnam bring expertise in international business law. They help align reporting standards with both local regulations and global best practices.

In summary, compliance law firms in Vietnam act as strategic partners for enterprises, guiding them through the intricacies of compliance reporting. Their legal expertise ensures that enterprises not only meet the regulatory requirements but also adopt practices that enhance overall operational efficiency and sustainability. Enterprises benefit from the peace of mind that comes with knowing they are in full compliance with the law, allowing them to focus on their core business activities and long-term growth.

ANT Lawyers, law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/compliance-law-firms-in-vietnam.html

Overview of Cinematography Law in Vietnam. How to navigate changes?

  

Navigating Vietnam’s Cinematic Terrain: 

In the wake of the substantial amendments brought forth by the 2022 Cinematography Law in Vietnam, the country’s entertainment and media industry finds itself at a pivotal juncture. In this dynamic landscape, engaging the services of a specialized entertainment and media law firm in Vietnam becomes not only prudent but imperative. With nuanced changes impacting film production, distribution, online broadcasting, and more, the need for expert legal guidance has never been more pronounced. 

This article delves into the intricacies of the revised cinematic legal framework and elucidates why enlisting the expertise of such a law firm is paramount for industry stakeholders navigating the multifaceted terrain of Vietnam’s cinematic endeavors.

Overview of Cinematography Law in Vietnam

The 2022 Cinematography Law in Vietnam introduces significant amendments and additions, addressing key aspects of the cinematic landscape. This overview explores the nuanced changes and provisions brought forth by this updated legislation.

Conceptual Clarifications:
The new law inherits, revises, and supplements terms defined in the 2006 Cinematography Law, introducing new terms such as “Film Industry,” “Film Classification,” “Vietnamese Film,” “Film Studio,” and “Public Film Screening Venue.” Notably, the redefinition of the term “Film” plays a pivotal role in precisely determining which products within the audio-visual domain fall under the purview of the Cinematography Law.

State Policies on Cinematic Development:
The 2022 Cinematography Law outlines state investment and support mechanisms to enhance flexibility in the state’s policies toward cinematographic activities. The law explicitly delineates state mechanisms for resource mobilization, investment, and the development of cinematography and the film industry. These policies are reorganized to ensure logical coherence, aligning with legal regulations on investment and state budgets while encouraging increased societal involvement in cinematic activities.

Prohibited Content and Behaviors:
The law elaborates in detail on prohibited content and behaviors within cinematographic activities, providing a conducive framework for compliance and adherence to the law.

Innovations in Film Production:
Key innovations in film production include regulations on providing set location services for filming in Vietnam. The law streamlines the permit application process, requiring only a summarized script and a detailed script for scenes shot in Vietnam, departing from the full script requirement in the 2006 Cinematography Law. Additionally, the law introduces three forms of state-funded film production: task assignment, commissioning, and bidding, expanding the scope of entities eligible to be investors in state-funded film production.

Incentives for Foreign Organizations Using Vietnamese Film Services:
A novel addition to the law is the provision of incentives for foreign organizations utilizing Vietnamese film services. This aims to enhance the professionalism of the filmmaking workforce, promote the image of Vietnam, and stimulate the development of cinema, tourism, and related service industries. Comparable policies have been successfully implemented in several countries worldwide.

Film Distribution:
Unlike the 2006 law, the 2022 Cinematography Law does not categorize film distribution as a conditional business sector. This omission aims to facilitate investment and business operations in the film distribution sector.  This is an encouraging points for foreign investors setting up company in film distribution in Vietnam.

Online Film Broadcasting:
The law precisely defines entities permitted to broadcast films online, along with requirements and conditions ensuring compliance with film classification regulations. It mandates notifying the Ministry of Culture, Sports, and Tourism of the list of films to be broadcast, along with their classification results, before online broadcasting. The law also outlines technical measures and guidelines for parents or guardians to control and manage age-appropriate film viewing for children.

Film Classification, Appraisal, and Classification Certificates:
The law establishes a tiered system for Provincial People’s Committees to issue film classification certificates, subject to compliance with regulations set by the Ministry of Culture, Sports, and Tourism. This approach, though not entirely new, is more practically feasible than the provisions in the 2006 Cinematography Law.

Film Festivals, Awards, Competitions, Programs, and Weeks in Vietnam:
Compared to the 2006 law, the 2022 Cinematography Law expands the entities authorized to organize film festivals, awards, competitions, programs, and weeks in Vietnam. Various government bodies, political organizations, and social-professional organizations at the central and provincial levels are now empowered to conduct these events.

Film Development Support Fund:
The law supplements and clarifies the purpose and operational principles of the Film Development Support Fund, aiming to enhance its feasibility.

In conclusion, the 2022 Cinematography Law in Vietnam represents a significant and comprehensive update, addressing a spectrum of issues to propel the Vietnamese cinematic landscape into a new era.

Importance of Engaging an Entertainment and Media Law Firm in Vietnam

In light of the nuanced and comprehensive changes introduced by the 2022 Cinematography Law in Vietnam, it becomes imperative for individuals and entities involved in the entertainment and media industry to consider the services of a specialized law firm. The multifaceted nature of the legal amendments and the intricacies involved in the cinematic landscape underscore the significance of professional legal guidance. Here are compelling reasons to hire an entertainment and media law firm in Vietnam for advisory purposes:

1. Navigating Legal Complexities:
The Cinematography Law introduces a range of new terms, policy adjustments, and prohibitions, demanding a thorough understanding of the legal landscape. An entertainment and media law firm possesses the expertise to navigate these complexities, ensuring that clients comprehend the implications of the law on their specific activities.

2. Compliance Assurance:
Given the detailed provisions related to prohibited content, behaviors, and the intricacies of film production, distribution, and broadcasting, having legal experts on board ensures strict compliance with the law. This is crucial for avoiding legal repercussions and maintaining the integrity of cinematic endeavors.

3. Contractual Expertise in Film Production:
The innovations in film production, including the various forms of state-funded projects and incentives for foreign organizations, necessitate sound contractual expertise. An entertainment and media law firm can provide comprehensive assistance in drafting, reviewing, and negotiating contracts, safeguarding the interests of all parties involved in film production.

4. Intellectual Property Protection:
The updated law emphasizes intellectual property protection, requiring a vigilant approach to safeguarding creative works, trademarks, and content. A diligent law firm in the entertainment and media sector can offer guidance on intellectual property matters, helping clients protect their assets in a rapidly evolving cinematic landscape, and represent the clients to deal with infringement of property rights, or act as entertainment and media litigation law firm in Vietnam for the clients in dealing with disputes on IP matters at court or other government agencies.

5. Online Broadcasting Compliance:
With precise regulations governing online film broadcasting and the need for compliance with film classification, legal experts can guide entities on fulfilling requirements and ensuring responsible broadcasting practices. This is particularly crucial given the prevalence of online platforms in the modern media landscape.

6. Strategic Legal Counsel on Film Festivals and Awards:
The expanded scope for organizing film festivals, awards, and related events presents both opportunities and challenges. An entertainment and media law firm in Vietnam can provide strategic counsel on organizing these events, ensuring adherence to legal frameworks while maximizing the promotional and cultural impact.

7. Efficient Film Classification and Certification Processes:
The tiered system for film classification and certification necessitates a streamlined and efficient process. Legal professionals specializing in entertainment and media law can expedite these processes, ensuring that films meet classification requirements and receive timely certification for distribution.

8. Expertise in Film Storage and Archiving:
The shift from physical film to digital formats introduces new considerations for film storage and archiving. Legal professionals can provide guidance on meeting legal obligations related to film storage, handling, and potential inspections from relevant authorities.

Engaging an entertainment and media law firm in Vietnam is not merely a legal requirement but a strategic investment in navigating the evolving cinematic landscape. The specialized expertise and industry knowledge offered by such firms are invaluable for ensuring legal compliance, protecting intellectual property, and maximizing opportunities in the dynamic entertainment and media sector.

ANT Lawyers, law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/entertainment-and-media-law-firm-in-vietnam.html

What to Note When Signing Labour Contract with Foreign Workers?

  

Why labour contract is needed?

With the global geographical tension, and uneven recovery from pandemic, there are weaker demands on employment.  Sometime, there are negligence between parties to engage in tasks that have the nature of employment without proper agreement and labour compliance.  Labour lawyers in Vietnam share the following opinions for reference.

With the policy of opening the economy in Vietnam, not only Vietnam attracts investors to set up company in Vietnam, but also the demand for foreign workers in enterprises grows and diversifies. However, in order for Vietnam companies to be able to use foreign workers legally, they must sign a labor contract.  

After meeting the conditions specified in the Labor Code on the requirements for recruitment and working in Vietnam, the foreign worker working in Vietnam shall sign a labor contract before the expected date intend to work for the employer. In this contract, the employer and the foreign worker will agree on all issues arising in the process of working as well as using labor together.  

What to include in labour contract?

Firstly, on the working position in the labor contract, it must show the correct position and position for which the employer has determined the needs with the competent authority and in accordance with the working position shown in the document and the work permits which have been granted to foreign workers.

Regarding the working time, it will normally be agreed upon by the two parties but must not exceeding the number of working days (hours) as prescribed by Vietnamese law. The number of overtime hours must be based on voluntary work and must ensure rest time, rest during working time and weekends for foreign workers.

According to the provisions of the Labor Code, in addition to Vietnamese public holidays and New Year’s holidays, foreign workers are allowed to take one more day off for the national traditional New Year and one national day of the country. This is a humane regulation, respecting the national culture of Vietnam. Therefore, the employer needs to learn about the National Day and the traditional Tet holiday of foreign workers so that the employees can take leave in accordance with the provisions of the law.

Regarding the term of the labor contract, the term of the labor contract for foreigners is also governed by the duration of the work permit issued by the competent Vietnamese authority. Accordingly, the term of the labor contract for foreign workers working in Vietnam must not exceed the term of the work permit. Therefore, the employer should pay attention to conclude the contract term in accordance with regulations.

In addition, employers and foreign workers should be aware of the terms of disputes which could potentially arise. Because, contract terms are an important legal basis to resolve when a labor dispute arises, agreeing in advance on how to resolve a dispute when a dispute arises will create a clear legal foundation for easy settlement by both parties.  Dispute lawyers are suggested to be consulted at an early stage to avoid dispute escalation.

How labour lawyers in Vietnam could help?

At most, it is important that the employers and foreign workers need to pay attention and strictly comply with the provisions of the law so that the process of entering into and performing the contract is conducted smoothly and in compliance with the law in Vietnam.  Labour lawyers in Vietnam would help advise, review labour contract to ensure it complies with the labour codes and protect the rights of parties involved.  

ANT Lawyers, a labour law firms in Vietnam, always follow up the labour matters to update clients on regular basis. We also advise client on doing business in Vietnam in general.  

Source: https://antlawyers.vn/library/what-to-note-when-signing-labour-contract-with-foreign-workers.html

Guide to Liquidating a Business in Vietnam

  In the ever-changing landscape of international business, companies often find themselves at crossroads, contemplating critical decisions for their operations. One such consideration is the prospect of liquidating a business in Vietnam, and in the case of Vietnam, understanding the intricate details of the timing, costs, and processes involved in winding up operations is essential. This article aims to shed light on seeking legal assistance in closing down a business in Vietnam, particularly focusing on the context of liquidating a business in Vietnam with steps to be takeng.  

1. Understanding the Decision-Making Process:

Before delving into the legal intricacies of business liquidation, it’s crucial to comprehend the decision-making process. Businesses contemplating closure should conduct a thorough review of their operations, evaluating factors such as market conditions, financial viability, and strategic alignment. In the case of Vietnam, this assessment should also consider local regulations, compliance issues, and the potential impact on staff members and assets.

2. The Role of Legal Assistance in Liquidating a Business in Vietnam:

Engaging legal assistance, especially from a firm with expertise in the liquidation process in Vietnam, becomes paramount at this stage. A proficient legal team can provide invaluable insights into the regulatory landscape, helping businesses navigate complex compliance issues, and ensure a seamless asset security and management strategy during the liquidation process.

3. Step-by-Step Guide on Liquidating a Business in Vietnam:

Step 1: Initial Consultation and Assessment

A diligent liquidation law firm in Vietnam begins by conducting an initial consultation to understand the client’s specific situation when liquidating a business in Vietnam. This involves a thorough assessment of the company’s financial standing, existing contracts, employee obligations, and asset portfolios.

Step 2: Legal Due Diligence

The legal team undertakes comprehensive due diligence to identify potential challenges and risks associated with the process of liquidating a business in Vietnam. This includes a review of contractual obligations, outstanding debts, and regulatory compliance to formulate an effective liquidation strategy.

Step 3: Compliance Guidance

Navigating the legal landscape is intricate, especially in a foreign jurisdiction like Vietnam. A specialized law firm provides clear guidance on compliance requirements, ensuring that the liquidation process adheres to local laws and regulations. This involves addressing obligations to employees, creditors, and relevant authorities.

Step 4: Asset Evaluation and Protection

Assessment of assets is a critical aspect of the liquidation process. The legal team assists in evaluating the company’s assets, formulating a strategy for their disposal, and ensuring that this aligns with local regulations. Asset protection measures are implemented to safeguard the client’s interests throughout the process.

Step 5: Employee Settlement and Compliance

Employee settlements and compliance with labor laws are pivotal components of the liquidation process. The law firm facilitates the settlement of employee claims, guides the client through relevant labor regulations, and ensures that all legal obligations to staff members are met satisfactorily.

Step 6: Creditor Communication and Debt Settlement

Clear communication with creditors is essential to manage outstanding debts responsibly. The legal team liaises with creditors, negotiates settlements where possible, and ensures that the client meets its financial obligations transparently and in accordance with legal requirements.

Step 7: Liquidation Filing and Approval

The law firm takes charge of preparing and filing the necessary documentation for the process of liquidating a business in Vietnam. This includes submitting applications to relevant authorities, obtaining approvals, and overseeing the procedural aspects of winding up the business in compliance with Vietnamese law.

Step 8: Closure and Post-Liquidation Support

Upon receiving the necessary approvals, the law firm assists in the formal closure of the business. Post-liquidation, ongoing support is provided to address any residual matters, ensuring that the client concludes its operations in Vietnam comprehensively and in accordance with legal requirements.

4. Conclusion:

Seeking legal assistance in liquidating a business in Vietnam is a strategic and prudent approach. With a step-by-step guide from a diligent law firm in Vietnam, businesses can navigate the complexities of the process, safeguard their assets, and ensure compliance with local regulations. As companies contemplate the challenging decision of winding up operations, a trusted legal partner becomes instrumental in facilitating a smooth and legally sound transition. Overall, it is expected a lengthy process to go through in Vietnam. But on positive note, there are regulated procedures and processes to go through and it is important to deal with the disputes arisen based on the natures of the matters with proper solutions.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

What Are the Order of Disciplining Employee in Vietnam?

  

What is labour discipline in Vietnam?

Labour discipline is the provisions on compliance matters relating to work time, technology and production and business management in labor regulations.  But how to ensure the employer could apply the right labour discipline?  Many employers only seek consultation from lawyers at labour law firms in Vietnam for guidance when it is too late.

In general, it can be understood simply that when an employee violates the labor regulations, depending on the extent and regulations of the company, he or she will be subject to disciplinary action.

The order of disciplining labor is conducted in accordance with the provisions of labour code in Vietnam. Failing to follow the order of discipline would lead to potential disputes which both employer and employee should consult with dispute lawyers at labour law firms in Vietnam for advice to protect their best interests.

What are order of disciplining employee in Vietnam?

Firstly, the employer must confirm the employee’s violations

In the cases where an employee found committing a violation, the employer shall issue an offence notice, inform the employee representative organization (or the employee’s parent or legal representative if the employee is under 18) in order to hold a disciplinary meeting.

Secondly, issuing notice of the disciplinary meeting

This step is only carried out in case the employer detects violations of labor discipline after the time when the violation has occurred, there are sufficient grounds to prove the fault of the employee and the statute of limitations for disciplining.

The employer sends the notice with the content, time and place of the meeting to handle the labor discipline to the organization representing the labor collective at the grassroots level; workers; In the case of a person under 18 years old, there must be the participation of a parent or legal representative.

The employer must ensure these recipients receive notice before the meeting takes place and conduct a labor discipline meeting with the participation of the notification components.

Thirdly, conducting a disciplinary meeting

It is mandatory to have the minutes of the disciplinary meeting, which have to be approved by the participants before the end of the meeting. The minutes shall bear the participants’ signatures. If any participant that refuses to sign the minutes, there should be explanation.

Fourthly, disciplinary decisions

The person that concludes the employment contract on the employer’s side also has the power to issue the disciplinary decision. The disciplinary decision shall be issued before expiration of the original or extended time limit for penalty imposition specified the labour code.

The disciplinary decision shall be sent to the employee (or his/her parent or legal representative if the employee is under 18) and the employee representative organization.

How lawyers at labour law firms in Vietnam could help?

Lawyers at labour law firms in Vietnam will be able to assist through out the process at an early stage of the potential labour disputes for either employer or employee to protect the justice, and to protect the best interests of parties involved through making sure that all procedures have to follow the regulations of labour code.  When there is a sign of violation, the employment lawyers at labour law firms in Vietnam will help advise and represent to achieve the suitable resolution based on the scenarios arisen.   

Source: https://antlawyers.vn/library/what-are-the-order-of-disciplining-employee-in-vietnam.html