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The birth of social housing helps make dreams of low income people a reality. When buying social housing in 2019, it is worth noting some important information below.

1 – Not everyone can buy social housing

• Other than commercial houses, social housing is only for certain subjects. According to Article 51 of the Housing Law 2014, subjects who are allowed to buy social housing are those who have no houses or houses that are too cramped;Having a household registration book in the locality where the house is located, if not yet having a household registration book, it must register for temporary residence for 1 year or more.
• In addition, the above-mentioned subjects must be low-income people, not subject to personal income tax or must be in the category of poor and near-poor households as prescribed.

2 – Apartment has floor area from 25m2 to 70m2

• The most popular type of social housing is an apartment. The standard of social housing area is an apartment building as stipulated in Article 7 of Decree 100/2015 / ND-CP. Accordingly, the apartment will be designed, built in a closed style, the minimum area is 25m2 of floor, maximum of 70m2 of floor.
• However, based on the specific situation of each locality, the provincial People’s Committee is adjusted to increase the maximum area of ​​the apartment but not exceeding 10% of the maximum

3 – Not to transfer social housing for 5 years

• This is a requirement of the Government in Article 19 of Decree 100/2015 / ND-CP. Accordingly, buyers of social housing are not allowed to mortgage (except in case of mortgage with the bank to buy the apartment itself) and not to transfer houses in any form for at least 05 years, since pay off the purchase amount under the signed contract.
• Homebuyers are only allowed to resell, mortgage or sublease after being granted a land use right certificate, ownership of houses and other assets attached to the land. If it is not enough for 5 years, after paying off the purchase money, the buyer who needs to resell social housing is only allowed to sell it to the State, to the investor or to subjects entitled to buy a communal house. Assembly as above.

4 – Borrow up to 80% of the house value with preferential interest rates

• According to Article 16 of Decree 100/2015 / ND-CP, purchasers of social social housing that meet the conditions will be entitled to borrow up to 80% of the value of social housing purchase contracts at the Social Policy Bank. Vietnam and other banks with preferential interest rates. There is no information on the interest rate for social housing loans in 2019.
• In 2018, the preferential interest rate at VBSP is 4.8% / year and at other banks is 5 % / year (according to Decision 370 / QD-TTg and Decision 117 / QD-TTg).

Above are some important information for social housing buyers in 2019. Besides, interested customers can refer to loan conditions, loan procedures, please kindly contact to us for more details.

Contact

For more information, please contact:

• Dong Du International Consulting Group HCM, Southeast Asia Business Consulting Network.
• Email: support.client01@japanvietnam.com.vn
• Office tel: 84 – 2 8 – 3 8208 545
• Home page: www.japanvietnam.com.vn/ dptc.edu.vn
• Facebook: Dong Du International Consulting Group / Dong Du Practical Training Center / Dong Du English Club

 

FOREIGN INDIVIDUALS ESTABLISH A COMPANY WITH BUSINESS FUNCTION OF RESTAUTANT AND BAR

According to Commercial Law 2005: Foreign traders are allowed to establish foreign-invested enterprises in Vietnam in the forms prescribed by Vietnamese law. In this case, foreign individuals may register to establish an enterprise in the form of a one member limited liability company.

A. Legal basis

1. • Commercial Law 2005;
   • Enterprise Law 2014;
   • 2014 Investment Law;
   • Decree No. 103/2009 / ND-CP
   • Decree No. 01/2012 / ND-CP
   • Decree 72/2009 / ND-CP
   • Decree 96/2016 / ND-CP

B. Interpretation of specialized laws

• Under the Commercial Law 2005 in Clause 2 Article 16: Foreign traders are allowed to establish in Vietnam foreign-invested enterprises in the forms prescribed by Vietnamese law. In this case, foreign individuals may register to establish an enterprise in the form of a one member limited liability company.
• According to Clause 1, Article 5 of the 2015 Investment Law: “Investors are entitled to conduct business and investment activities in industries and trades that are not prohibited by this Law.”
• According to Article 6, Article 7 and Annex 4 of this Law, restaurant and catering services are not included in the list of prohibited industries, not on the list of conditional business lines.
• According to Article 7 and Appendix 4 of this article, the business of dancing and karaoke services is on the list of conditional business lines. Accordingly, the conditions for disco service business are stipulated fully and specifically at the website https://dangkykinhdoanh.gov.vn/ under the Ministry of Planning and Investment and Development. Conditions for discotheque and karaoke service business are explained as follows.
• Discotheque business license

1. Cultural houses and cultural centers requesting the granting of a dancing business license must be legal entities;
2. The distance from 200m upwards measures according to the traffic route from the ballroom door to the school, hospital, religious and belief facilities, historical-cultural relics, state administrative agencies. That distance applies only in cases where schools, hospitals, religious and belief establishments, historical-cultural relics, state administrative agencies are available in advance, owners of business places register for business. or request for the following business license;
3. The sound coming out of the ballroom does not exceed the state regulations on the maximum noise level allowed to be measured at the outside of windows and doors of the ballroom;
4. Star-class or high-class tourist accommodation establishments, cultural houses and cultural centers with the status of dancing halls legal entities must meet the following conditions:
5. Ballrooms in dance halls must have an area of ​​80m2 or more, away from schools (including kindergartens, preschools, primary schools, junior high schools and high schools in the system) national education), hospitals, religious and belief establishments, historical-cultural relics, state administrative agencies (including state management agencies, political organizations and political organizations) – social levels at all levels, police and military camps, international organizations, embassies and consulates of different countries) from 200m upwards, ensuring the conditions for soundproofing and preventing fire and explosion;
6. Equipment and means of operation of the ballroom ensure sound and light standards;
7. In accordance with the planning of the dance hall of each locality.
8. Conditions on security and disco business order: Being registered, licensed or established in accordance with Vietnamese law. Persons responsible for security and order of business establishments must not fall.

          [ For Vietnameses ]

1. Have been criminally prosecuted by Vietnamese or foreign prosecuting bodies conducting investigation, prosecution, and adjudication.
2. Have a criminal record of crimes of infringing upon national security or other crimes due to intentional conviction of more than 3 years imprisonment or more that have not been removed from criminal records; in the time of being suspended from serving the imprisonment penalty; are serving non-custodial reforms; being under house arrest, banned from residence, banned from holding certain posts, banned from conducting business and investment lines subject to security and order conditions under court decisions.
3. Being subject to education measures at communes, wards and towns; decide to apply administrative handling measures pending the implementation of the decision; are addicted to drugs; being temporarily suspended or temporarily suspended from execution of the decision on sending to compulsory education establishments or putting them into compulsory detoxication establishments; having been subjected to administrative handling measures but not having enough time to be considered as having not been subject to administrative handling measures

         [ For overseas Vietnamese carrying passports and foreigners ]

Not yet authorized by Vietnamese authorities for residence permit.

• Eligible for fire prevention and fighting safety according to the law on fire prevention and fighting. There must be security and order plans, including:

1. Determining specific areas and areas, specific objectives need to be strengthened to ensure security and order;
2. Measures taken;
3. Regular service force;
4. Means of service;
5. Measures to organize and direct;
6. Measures to coordinate with the authorities and relevant authorities in the locality
7. Where the business operates;the case assumes that when there is an incident related to security, order occurs; mobilization of forces and means; handling measures.

Karaoke business license

• Conditions for Karaoke service business

1. Karaoke rooms must have a use area of ​​20m2 or more, excluding auxiliary works, ensuring soundproofing conditions, fire and explosion prevention and fighting;
2. Karaoke room doors must be colorless glass doors; outside see the whole room; if there are frames, no more than two vertical frames and three horizontal frames; frame area not exceeding 15% of door area;
3. Do not place internal locks or latches or set alarm devices to deal with inspection activities of competent state agencies;
4. The distance from 200m upwards measures according to the traffic route from the room door to the school, hospital, religious and belief facilities, historical-cultural relics, state administrative agencies. That distance applies only in cases where schools, hospitals, religious and belief establishments, historical-cultural relics, state administrative agencies are available in advance, owners of business places register for business. or request for the following business license;
5. Compliance with the planning on karaoke approved by competent agencies.

Conditions on security and karaoke business order: The person responsible for security and order of business establishments must not fall into one of the following cases: 

    a) For Vietnamese:

1. Having been criminally prosecuted by Vietnamese or foreign procedural agencies conducting investigation, prosecution and trial.
2. Having a criminal record of crimes of infringing upon national security or other crimes caused by an intentional conviction of more than 3 years of imprisonment or more, which have not yet been deleted; in the time of being suspended from serving the imprisonment penalty; are serving non-custodial reforms; being under house arrest, banned from residence, banned from holding certain posts, banned from conducting business and investment lines subject to security and order conditions under court decisions.
3. Being subject to education measures at communes, wards and townships; decide to apply administrative handling measures pending the implementation of the decision; are addicted to drugs; being temporarily suspended or temporarily suspended from execution of the decision on sending to compulsory education establishments or putting them into compulsory detoxication establishments; having been subjected to administrative handling measures but not having enough time to be considered as having not been subject to administrative handling measures;

b) For overseas Vietnamese carrying foreign passports and foreigners:

1. Not yet been granted a residence permit by a competent Vietnamese agency.
2. Eligible for fire prevention and fighting safety according to the law on fire prevention and fighting.

 

C. Process of implementation

a. Prepare documents: Documents (Article 23, Article 10 of Decree 78/2015 / ND-CP) include:

• Request for business registration
• Company rules
• Valid copy of personal certification for foreigners (foreign passport or valid passport for foreign passport)

b. Submit:

• How to do it: The person who set up the business or the person authorized to carry out the business registration procedure shall submit the business registration dossier directly at the Business Registration Office where the enterprise is headquartered or the representative According to the law, the enterprise registration dossier is electronically submitted according to the process on the National Information Registration Portal.
• Processing time: Within 03 (three) working days from the date of receipt of a complete and valid file.

D. Researching Team

• Dong Du business research and development center_ DBRDC
• My Nguyễn & Nhung Nguyễn – Corporate legal consultant
• Toni Tran – Director of DBDRC center

E. Contact

For more information, please contact: Dong Du International Consulting Group HCM, Southeast Asia Business Consulting Network.

• Email: support.client01@japanvietnam.com.vn
• Office tel: 84 – 2 8 – 3 8208 545
• Home page: www.japanvietnam.com.vn/ dptc.edu.vn
• Facebook: Dong Du International Consulting Group / Dong Du Practical Training Center / Dong Du English Club

Step 1: Making contracts and notarizing contracts

The Land Law 2013 stipulates that a contract for transfer of land use rights must be notarized. Therefore, the transferor and the transferee should establish a transfer contract and go to a notary office to notarize the contract. According to Clause 1, Article 40 of the 2014 Notary Law, documents and documents to be prepared include:

• The notarization request form;
• Draft contracts, transactions;
• Certificates of land use rights;
• Identification documents of both parties (ID card or passport or ID card …);
• Certificate of marital status if single or marriage registration certificate if married with both parties;
• Household registration book of both parties.

The fee for notarization of land use right transfer contract is based on Circular 08/2012 / TTLT-BTC-BTP, if the contract value is from VND 100 million to VND 1 billion, the fee is 0.1%; If from 01 billion to 3 billion, the fee is 01 million VND + 0.06% of the value exceeding 01 billion VND …

Step 2: Declare financial obligations at the District People’s Committee where the house and land are located.When declaring financial obligations, the two sides should prepare a dossier as follows:

• Registration fee declaration
• Personal income tax return
• Notarized transfer contract;
• Certificate of land ownership
• Copy of ID card, household registration book of both parties.

In particular, the payable personal income tax and registration fee are prescribed as follows:

• Personal income tax: Currently, according to the Personal Income Tax Law, the personal income tax payable when transferring land use rights is 2% of the selling price. As a rule, this is a tax that must be paid by the seller but in fact the two parties may agree on who must pay this tax.
• Registration fee: According to Decree 140/2016 / ND-CP, this fee is calculated by calculating the registration fee x Registration fee rate in percentage. In particular, the registration fee is 0.5%. Particularly for housing donations and inheritance, registration fees will be exempted, if there are records proving the donation or inheritance.

Step 3: Submit the application to the name at the district People’s Committee where the house and land are located. The profile includes:

• Application form;
• Household registration book, ID card of the buyer;
• Certificates of land use rights;
• Notarized transfer contract …

When submitting the application, the buyer must also pay some other fees such as: Cadastral fee; Appraisal fee; Red book issuance fee …. The time limit for implementing this procedure has now been shortened to a maximum of 10 working days (according to Decree No. 01/2017 / ND-CP).

After performing the above steps, the procedure for the Red Book name is considered complete. Hopefully with the above instructions of DDLC, Dong Du International Consulting Group HCMC, customers have more information before transferring land use rights.

Email:support.client01@japanvietnam.com.vn, Tel: 090 925 7602 Toni Tran

FOREIGN INVESTORS ESTABLISH TRAIDING COMPANIES IN VIETNAM

A. Legal basis

• Commercial Law 2005: Art 16.2;
• Law on Enterprises 2014: Art 28
• Investment Law 2014: Art 22, Art 33;
• Decree 118/2015/NĐ-CP: Art 29;
• Decree 09/2018/NĐ-CP: Art 5, Art 6 and Art 12.2.

B. Concerning legal matters

• According to Art 16.2 of Commercial Law 2005: Foreign traders are allowed to establish foreign-invested enterprises in Vietnam in the forms prescribed by Vietnamese law.
• Art 22.1 of Investment Law 2014 regulates that Investors may establish economic organizations in accordance with law.

In the case of establishing a trading company in Vietnam, the foreign investors should gain these three following certificates and documents from the Vietnamese competent authorities, which are:

• Investing License as pursuant to Art 22 Investment Law 2014;
• Business License as pursuant to Art 5 and 6 of Decree 09/2018/NĐ-CP;
• Business Registration Certificate for the trading and trading-related activities of foreign investors in the territory of Vietnam) as pursuant to Art 28 Law on Enterprises 2014.

C. Procedures for issuing the three above certificate

C.1. Required documents

• For Investing License: Art 33 Investment Law 2014,dossiers including:

1. Application for investment project implementation;
2. Copy of ID card, ID card or passport of investor;
3. Proposing investment projects including the following contents: investors implementing the project, objectives, capital, location, first time and schedule. investment, demand for labor…;
4. Copy of one of the documents to guarantee the financial capacity of investors;
5. A copy of the location lease agreement or other document certifying that the investor has the right to use the location to implement the investment project;

• For Business License: Art 12.2 Decree 09/2018/NĐ-CP, dossiers including:

1. Application for business license
2. A written explanation about:
3. Explanatory statement on the conditions for issuance of a business license corresponding to the provisions of Article 9 of this Decree;
4. Business plan: Describe the content and method of conducting business activities; present business plan and market development; demand for labor; assess the socio-economic impacts and efficiency of business plans;
5. Financial plan: Report on business results based on audited financial statements of the most recent year in case of being established in Vietnam for one year or more; explanation of capital, capital sources and capital mobilization plans; attached to financial documents;
6. The situation of trading activities of buying and selling goods and activities directly related to the purchase and sale of goods; the financial situation of foreign-invested economic organizations by the time of applying for business licenses.
7. Documents from Tax Department declaring no overdue tax debts;
8. Copies of the business registration certificate and the investment license.

• For Business Registration Certificate: Art 22 and Art 23 Law on Enterprises 2014,dossiers including:

1. Application for business registration
2. Company charter
3. List of company’s members/shareholders
4. Valid copies of:
5. Personal identification for individuals (foreign passport or equivalent documents)
6. Establishment decisions, enterprise registration certificates or other equivalent document of [founding shareholders and shareholders being foreign investors which are] organizations and powers of attorney; citizen’s identity cards, people’s identity cards, passports or other lawful personal identification of authorized representatives of the founding shareholders and shareholders being foreign investors which are organizations;
7. Investment License;
8. Other qualifying legal documents in case of conditional business lines.

Note: All these above documents if written in a foreign language must be translated into Vietnamese and be notarized.

C.2. Place to submit the dossiers

• Department of Planning and Investment where the investor places or plans to locate its head office: the registration of investment and business establishment (Art 29 Decree 118/2018/NĐ-CP)
• Department of Commerce: the registration of business (Point a Art 8.1 Decree 09/2018/NĐ-CP)

D. Preparer

• Dong Du Business Development & Researching Center , DBDRC
• Nguyen Thi Khanh Ngoc – Preparer – Legal Consultant
• Toni Tran – Center Director

E. Contact

For detailed information, please kindly contact us, Dong Du International Consulting Group HCMC, Southeast Asia Business Consulting Network.

• Email: support.client01@japanvietnam.com.vn
• Office tel: 84 – 2 8 – 3 8208 545
• Home page: www.japanvietnam.com.vn/ dptc.edu.vn
• Facebook: Dong Du International Consulting Group/ Dong Du Practical Training Center/ Dong Du English Club

 

Apply for a work permit for foreigners without a university degree.

1. Legal basis:

Decree 11/2016 / ND-CP has 4 groups eligible for issuance of a Work Permit including: Managers, Executive Directors, Professionals, Technical Laborers) who are nationals. no university degree.

2. Consulting contents:

For each target group, there are different requirements for work permit application. Not a target group. When applying for a Work Permit, it is also required. have a university degree. Many foreigners who do not have a university degree can still apply for a Labor Permit in Vietnam if they do business. Industry and guarantee organization determine the right position of the job they work for.

Only groups of foreigners who are in the position of a new Specialist group are prescribed the following conditions. Workers with a university degree or higher or equivalent and have at least 03 years of work experience. in specialized training suitable to the job position that the foreign worker is expected to work at. Vietnam. Special cases reviewed and decided by the Prime Minister.

For cases where foreign experts do not have a university degree, the law has flexibly stipulated other conditions. but if the employee meets, he / she will be granted a Work Permit as follows. The employee must have a written certification that is an expert of an agency, organization or enterprise in a foreign country.

3. Process of applying for a work permit

First, on the employer side: Enterprises and organizations wishing to apply for a work permit for foreigners need to have a business registration (notarized copy).

Secondly, towards foreign workers: Foreign workers want. Applying for a Work Permit for foreigners should have some necessary documents. They are :

• Health certificate (original) 1 of 2 types:

1. Foreign health certificate (must be consular legal)
2. Vietnam health certificate. In Ho Chi Minh City, workers can visit one of the hospitals according to the law.

• Legal record within 180 days from the date of issue to the filing date: Must have 1 of 2 types:

1. Foreign judicial record – issued by the local government (must be consular legal)
2. Vietnamese judicial record – issued by the Provincial / Municipal Justice Department

• Associated degree (This document must be a foreign document where the employee has studied and must be legalized).
• Confirm the experience of working time abroad (This document must be legal consular).
• Certified copy of Passport or equivalent papers.

 

Third, consular legalization is carried out depending on the nationality of the employee. (Some countries can do it in Vietnam but some do not).

Fourthly, the authority to apply for a Work Permit in Ho Chi Minh City

4. Ho Chi Minh City Department of Labor, War Invalids and Social Affairs.

• Address: 159 Pasteur, District 3, Ho Chi Minh City
• Phone: 08.8291302-8298964
• Fax: 8294032
• Website www.sldtbxh.hochimincity.gov.vn
• Email: delisa@hcm.fpt.vn

 

5.Time to apply for a Work Permit in the city in Chi Minh

• Step 1: Apply for a written approval of foreign labor demand: 15 working days
• Step 2: Apply for a work permit for foreigners: 7 working days

 

6. Consultation for obtaining a work permit for foreigners at Dong Du International Consulting Group HCMC

• Email: support.client01@japanvietnam.com.vn
• Office tel: 84 28 3820 8545
• Home page: www.japanvietnam.com.vn