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Legal Insights for Foreign Investors

Answer:

Currently, the Investor has a capital contribution value is under 3 billion dong in a limited company and joint-stock company work in Vietnam shall have a Work Permit.

Regarding the position of the Manager, Executive, Expert, etc… the investor shall provide enough papers to prove the experience and other degree at this position in Vietnam enterprise. Besides that, the Investor also provide health certificate, Document on approval of the demand for employment of foreign workers, etc….

Answer:

That’s right, the Investor who contributes capital to a LLC and Joint Stock Company with a capital contribution value of 3 billion VND or more is exempt from the Work Permit.

At this time, the Investor should note that Investor is eligible to be granted TRC with symbols DT3 and can carry out procedures for issuance of TRC corresponding to symbols DT3, DT2 or DT1 according to the capital amount.

Answer:

The Investor who is subject exempt from the Work Permit with a capital contribution value of 03 billion VND or more, doesn’t have to to carry out procedures to confirm that they are not subject to the issuance of the Work Permit.

The investor’s employer only needs to carry out reporting procedures to the Labour Ministry or Labour Department, such as: Full name, age, nationality, passport number, and name of foreign employer; The start date and end date of work must be at least 3 days before the date the foreign investor is expected to start working in Vietnam.

Answer:

According to the law, only the Investor is granted visa symbols DT3, DT2 and DT1 is allowed to grant TRC.

Answer:

DT1 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital worth VND 100 billion or more or investing in industries, occupations with investment incentives, and localities is decided by the Government.

DT2 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contribution worth from 50 billion VND to under 100 billion VND or investing in industries and professions that encourage investment Development investment is decided by the Government.

DT3 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital worth from 03 billion VND to less than 50 billion VND.

DT4 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital worth less than 03 billion VND.

Answer:

Because the symbol on the TRC is prescribed to have the same symbol as the visa symbol. Therefore, to be granted a TRC with the symbol DT, the Investor needs a corresponding DT visa.

Therefore, the Investor needs to apply for a DT visa by converting the visa to a DT visa or entering Vietnam to register for a DT visa.

Answer:

The Investor can declare temporary residence in Vietnam in paper and electronic form.

The person directly managing and operating the operation of the accommodation establishment is responsible for filling in all information about the foreigner on the temporary residence declaration form and forwarding it to the police post of the commune, ward, or town.

In case of applying for temporary residence in electronic form will be declared at https://www.xuatnhapcanh.gov.vn/khai-bao-tam-tru

How long the validity duration of TRC the Investor could register?

Answer:

According to Vietnamese law, if the TRC expires, a new TRC will be considered for issuance. Therefore, investors need to carry out the procedures for granting TRC as previously issued.

Legal Insights for Foreign Worker

Answer:

First, is the foreign nationality.

Second, must fully meet the following conditions:

(a) Being full 18 years or older, and having full civil act capacity;

(b) Possessing professional and technical qualifications, skills and working experience; being physically fit;

(c) Not being in the period of serving his/her penalty or having his/her criminal records not yet expunged or being subject to penal liability examination according to foreign law or Vietnam’s law;

(d) Possessing a work permit, except in the exemption case.

Answer:

Employees who are not eligible for the Work Permit according to regulations are:

– Capital contributing investors are owners, capital contributing members, chairman of the Board of Directors, members of the Board of Directors in LLC, Joint Stock Company with capital contribution value of 3 billion VND or more;

– Employees entering Vietnam to work as managers, executives, experts or technical workers with a working period of less than 30 days and no more than 03 times in 01 year;

– Relatives of members of foreign representative agencies in Vietnam;

– Enter Vietnam for a period of less than 3 months to offer services;

– Be a foreign lawyer who has been granted a license to practice law in Vietnam according to the provisions of the Law on Lawyers.

Doesn’t need to carry out procedures to confirm that you are exempt from the Work Permit.

The foreign worker’s employer only needs to carry out reporting procedures to the Labour Ministry or Labour Department, such as: Full name, age, nationality, passport number, and name of foreign employer; The start date and end date of work must be at least 3 days before the date the foreign worker is expected to start working in Vietnam.

Answer:

According to the law, the Foreign worker is granted visa symbols LD1, LD2 is allowed to grant TRC.

Answer:

LD1 – Issued to foreigners working in Vietnam with confirmation that they are exempt from the Work Permit, unless an international treaty to which Vietnam is a member has other provisions.

LD2 – Issued to foreigners working in Vietnam who are required to have a work permit.

Answer:

According to the law, The validity duration of a TRC granted to a foreigner is at least 30 days shorter than the remaining validity duration of the passport of its holder.

The validity duration of an LD1, LD2 TRC is at most 2 years.

Answer:

According to Vietnamese law, if the TRC expires, a new TRC will be considered for issuance. Therefore, the foreign worker need to carry out the procedures for granting TRC as previously issued.