Continuing Series 1 – Some notices when investors want to bring their family go to investment country – Vietnam, foreign investors and NTLaw will further explore the aspects related to foreign investors engaging in business activities in Vietnam.
7. Agency, processing time for procedures of granting Business Registration Certificate?
– After preparing the application, investors will submit to the Business Registration Office – Department of Planning and Investment
– Processing time is within 05-07 working days, from the date of receipt of complete and valid documents.
8. In addition to registering to establish an enterprise with foreign investment capital, what other forms can foreign investors invest in?[1]
– Foreign investors can sign the investment contract (PPP Contract). This investment method is carried out on the basis of term-term cooperation between the State and the investor.
– BCC contract is a form of investment signed between investors for business cooperation, profit sharing, and product division without establishing a new legal entity. BCC contracts are signed between domestic investors in accordance with the provisions of civil law.
– Contributing capital, buying shares, or contributing capital to economic organizations.
9. What types of temporary residence card for my relatives?[2]
Your relative can register and get a temporary residence card to visit relatives (abbreviation: TT). This card is a type of visa that creates condition for visiting relatives who are investors implementing investment projects in Vietnam.
Noted:
– Investor’s relatives only include the investor’s spouse; or their child is under 18 years of age; and doesn’t include your parents as in the case of Vietnamese investors.
– Just applying for relatives of investors who has the temporary residence card ĐT1, ĐT2, ĐT3. If the investors are granted the temporary residence card of ĐT4, the investor’s relatives will not be eligible for a temporary residence card to visit relatives.
10. What does the application for the temporary residence card to visit relatives include?[3]
– Document requesting temporary residence card (Form NA6 for agencies and organizations; form NA7 for individuals)
– Application form for temporary residence card for foreigners
– Documents evidencing the investors who is implementing the projects in Vietnam, like as investment certificates; business registration certificate; license to establish representative office in Vietnam;…
– Proof of relationship, such as: marriage certificate (for spouse relationship), birth certificate of children (for biological children), adoption papers (for adopted children),….
– Notarized copy of the investor’s temporary residence card; investor’s valid passport; Notarized copy or original confirmation of temporary residence registration in Vietnam
– Photo sized 2x3cm (01 photo glued to the declaration form and 01 separate photo)
Noted: Documents must be translated into Vietnamese and consular legalized as required, unless documents are exempt from consular legalization.
11. Agency, processing time and validity of temporary residence card to visit relatives[4]
– Submit the application to the Immigration Department where the investor invites and guarantees residence;
– Processing time: within 05 working days from the date of receiving complete documents;
– The duration of the TT temporary residence card will not exceed 03 years
12. What are the conditions for my child to transfer school to study in Vietnam?[5]
When your child under 18 years of age is granted the temporary residence card to visit relatives, you need to have these conditions to transfer school for your child
Firstly, certificate conditions. The investor must provide diplomas and graduation certificates with an educational level equivalent to the educational level in Vietnam
Secondly, healthy conditions. Before registering to study at school, your child will have a health check before enrolling. If your children suffer from dangerous social or infectious disease, they are returned to the home country. On the other hand, if your children have common diseases, they will be treated within 3 months. After the allowed time, if their health hasn’t recovered, they will be forced to return to your home country.
Thirdly, age conditions. When applying to study in Vietnam will be granted an extension of 3 years compared to the prescribed age for each level of education.
Finally, learning language. When enrolling the Vietnam school, your children will learn the subject by Vietnamese. If your children don’t know Vietnamese, they will have to go through the preparatory Vietnamese language training program. Preparatory study time is regulated based on the Vietnamese language proficiency requirements of each level and student, but doesn’t exceed 01 school year. When completing the program, they will their proficiency tested before entering the main course.
[1] Article 21 Law on investment 2020
[2] Article 18 Law on entry, exit, transit, and residence of foreigners in Vietnam 2014; Amending and supplementing Article 1.3.(h) Law on entry, exit, transit, and residence of foreigners in Vietnam amended in 2019
[3] Article 37.1 Law on entry, exist, transit, and residence of foreigners in Vietnam 2014
[4] Article 37,38 Law on entry, exit, transit, and residence of foreigners in Vietnam 2014;
[5] Chapter 4 Decision 51/2002/QĐ-BGDĐT
