ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Sáu, 8 tháng 7, 2016

HOW FOREIGNERS COULD WORK IN VIETNAM LEGALLY

Foreigners working in business set-up in Vietnam are expatriates which are normally required work permit in Vietnam.



As the Vietnam law’s restrictions to encourage employment of local employee over foreign employee, normally, the employment of an expatriate is limited to a managerial position or to a position which Vietnamese employee are not yet qualified.
There are exemption of work permit in Vietnam as following cases:
A capital contributing member or owner of a limited liability company which is registered to operate in Vietnam;
A member of the Board of Management of a shareholding company which is registered to operate in Vietnam;
A chief of a representative office or of a project of an international organization or a non-governmental organization in Vietnam;
The foreigner enters Vietnam for less than three months to offer services;
The foreigner enters Vietnam to work for less than three months or to handle an emergency case and that cannot adequately be addressed within Vietnam;
A lawyer who has received a Certificate for the practice of law in Vietnam granted by the Ministry of Justice;
The foreigner is a student studying and working in Vietnam;
An intra-corporate transferee working in Vietnam;
The foreigner provides expert and technical consultancy services or undertakes other tasks with respect to research, formulation, evaluation, monitoring and assessment, management and implementation of a program or project using official development aid (“ODA”);
The foreigner has a media license issued by the MOFA;
The foreigner is appointed by a competent authority of a foreign country to teach at an international school which is managed by a foreign diplomatic office or an international organization in Vietnam;
The foreigner a volunteer;
The foreigner has a master’s degree or higher or similar qualifications and provides consultancy, teaching, or conducts scientific research at a university or vocational college for a period not exceeding thirty (30) days; or
The foreigner implements an international agreement signed by a Vietnamese government authority, a provincial body or a central socio-political organization.

In order for an expatriate to be exempted from a work permit, the employer must file an application with the provincial labor authority.  Chairman of the provincial People’s Committee will be consulted and if approval, he/she will issue a written consent to each employer regarding the employment of expatriate.
In order to ensure compliance in immigration, labor employment, foreign owned enterprises are suggested to consult with employment lawyers in Vietnam.  We at ANT Lawyers, a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City would be able to assist clients in employment matters and could be reached at email: ant@antlawyers.vn or office tel: +848 35202779.

ENTERPRISE ESTABLISHMENT SERVICE IN VIETNAM

ANT Lawyers provides enterprise establishment consulting service for domestic and foreign customers as the following services:



  • To consult to establish Joint Stock Company;
  • To consult to establish One member Limited liability company;
  • To consult to establish Limited liability Company with Two or more members;
  • To consult to establish Partnership company;
  • To consult to establish Private enterprises;
  • To consult to establish Sole trader;
  • To consult to establish foreign invested company;
  • To consult to establish the parent company, corporations.

Customers procedures established in the ANT Lawyers will enjoy some preferential services such as:
1. Contents of enterprise establishment consulting service:
  • To consult legal regulation related to the establishment, operation and management of enterprises;
  • To consult to set up personnel structure of the company;
  • To consult to select types of enterprises;
  • To consult to choose the name of company (lookup and select the appropriate name as the request of customers);
  • To consult about the head office of the enterprise;
  • To consult on capital, legal capital, investment capital;
  • To consult on business lines (lines requires legal capital , professional certification or other conditions);
  • To draft legal dossiers for setting up the company  (Request for business registration, charter, founders list and other documents as prescribed by law);
  • To consult for business on tax issues, financial obligations after the enterprise have been established and the process of production and business activities;
2. Our tasks in the enterprise establishment services:
ANTLawyers will on behalf of clients to perform the following tasks:
  • Drafting and preparation the enterprise establishment dossier as regulations;
  • To apply the dossier for business and tax codes registration in the Department of Planning and Investment;
  • To monitor progress and inform regularly results to clients;
  • To obtain the Investment Certificate from the DPI;
  • Filing and registration the seal for Company at the Police Department;
  • To obtain the seal and the certificate of the seal for the Company at the Police Department;
  • To guide the customers to follow procedures in the relevant state authority (as needed);
3. Documents required to provide by clients:
  • Information requested form of business;
  • A copy of ID / passport of members / founding shareholder who is individual (notarized) ;
  • A copy of business registration / establishment decisions of members / founding shareholders who is organization.
4. Client’s benefits after establishment:
  • To be consulted and offered free the activating annual  tax dossier, records and procedures for billing the enterprise;
  • To consult the necessary tasks  of the new enterprise;
  • To consult human resources management  , provide free labor contracts and the forms of management personnel;
  • To consult the procedures for salary scale registration, the social insurance registration of company;
  • To consult on tax matters, tax refund, tax credit;
Please contact us for free advice and use the best service.

HOW TO PREPARE AND FILE A LAWSUIT IN VIETNAM?

If two parties have a dispute over a commercial matter in Vietnam, they should try to resolve disputes through negotiation, or mediation before considering to file a lawsuit against the other at a court in Vietnam.


To implement their right to sue, the plaintiff must prepare and submit the claim at the competent court in Vietnam.  The dispute lawyers in Vietnam with experience and understanding the litigation process should be invited at the early stage to advise, represent and prepare to defend the client.  The claim filing should include the petition and the supporting documents.  The petition is the most important legal document for the court to review and resolve the claim of the plaintiff, as such it should be carefully prepared to meet the requirements of the form, authority, and further contain information about the plaintiff, defendant, summary of the case and the request of the plaintiff.
The contents of the petition must be presented in full, brief, clear, and in logic.  The plaintiff should provide all documents, and evidence to prove the merit of the claim including contract, purchase order, separate terms and conditions, appendixes (if any), minutes of meetings of negotiations, invoices, delivery proof, legal status of plaintiff and defendant, documents to determine the legal status of the representative of the plaintiff such as appointment decision, power of attorney.  In order for the document issued in foreign country to be valid in Vietnam, the documents presented have to be original or notarized, legalized and authenticated copy and translated into Vietnamese in accordance with Vietnam laws.
When the claim has been filed at the competent court in Vietnam provided all conditions of acceptance are met, the court will notify the plaintiff or its representative know the court fees. When the applicant advance the court fee, the case will be recorded and brought into the process for settlement.
At the trial preparation process, the case will be assigned to a judge whom after studying would request parties to present additional necessary papers and documents relating to the case.  Parties or their representative would then be requested to meet the judge to provide further information or testimony or attend reconciliation.  If the disputing parties resolve disputes with each other, the court will make a record to acknowledge the successful reconciliation and issue the decision to recognize the agreement of the parties. Where reconciliation fails, the court records that and shall issue the decision to bring the case to trial.
Disagreements or disputes arise when parties can not agree on issues related to contract provisions, expected outcome or performance starndards…There are cases when the dispute is over a debt obligations matters which a debt recovery law firm could assist at an early stage to manage the collection process pre litigations including negotitions and managing expectations of both sides.    
ANT Lawyers, a law firm in Vietnam will be available to assist the clients when required to handle dispute matters out of court, at court or through arbitration in Vietnam.