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10 Common legal issues for foreigners in Vietnam
Vietnam is now gradually becoming an attractive country for tourism as well as settlement for many foreigners around the world because of the safety, peace and friendliness that this country brings. However, to travel or live and work in Vietnam, foreigners need to pay attention to certain legal issues to avoid unnecessary risks.
Drugs
Vietnam enforces a strict anti-drug stance, implementing harsh punishments for violations. Possessing heroin can lead to the death penalty, and those convicted of drug trafficking face long prison terms. Drug-related offenses continue to be a serious issue, driving continuous government efforts to combat the problem. Foreigners should note that cannabis, weed, etc, are also banned substances, so be careful to use or bring any drugs to Vietnam.
Work Permit
While setting up a company in Vietnam is not too difficult, foreigners will quickly find the red tape obvious. You will need permits for almost every aspect of running a business, and it is illegal for foreigners to work or set up a business without a work permit. Foreigners working without a permit will be immediately deported; for employers, fines can be as high as VND75 million, with the possibility of suspension of operations for 1 to 3 months.
To learn about the process and issues surrounding the work permit, see the article “Obtaining a Work Permit In Vietnam”.
Buy Real Estate, Not Land
As a foreigner living in Vietnam, you can buy real estate or houses in the country. However, if you have ever thought about buying land and building your dream house on it, it is almost impossible. Land is a national asset, so you can only buy the construction on the land, not the land itself.
In other words, the house belongs to you, but the land on which the house is located does not, according to
As a property owner, you can enjoy the right to use the land for up to 50 years in the form of a land lease. The lease can be renewed without increasing the rent. The property is yours indefinitely as long as you lease the land.
Check out these articles to learn about real estate business opportunities in Vietnam: ” 6 most frequently asked questions about purchasing properties in Vietnam” and “Land Use Rights in Vietnam’s Real Estate Market”.
Capital needed to start a business
Apart from the start-up capital, there are no other financial requirements to apply for a license and start a business in Vietnam. However, you should be aware of the necessary costs to be best prepared.
Consider the costs mentioned in the following article: “Cost of company incorporation in Vietnam”
Temporary and permanent residence
- Temporary residence card (TRC)
A temporary residence card for foreigners allows foreigners to reside in Vietnam for a period of one to ten years, depending on the type of visa and their work or investment status.
A TRC offers many benefits, including simplified entry and exit without the need to renew the visa frequently.
The application process for a TRC requires the submission of documents such as a valid employment contract or investment certificate.
- Permanent residence (PR)
Foreigners who have lived in Vietnam for at least three years on a work visa or who have a family relationship with a Vietnamese citizen are eligible to apply for permanent residency.
Applicants must provide evidence of financial stability, a valid medical examination, and residency status.
Permanent residents enjoy many of the same benefits as Vietnamese citizens, including the right to work and reside in Vietnam without a visa.
Main types of visas for foreigners
Vietnam offers a number of visa types designed for different purposes. The most common ones include:
- Tourist visa: Suitable for short visits or initial exploration trips.
- Business visa: For foreigners who intend to explore business opportunities or attend meetings.
- Work visa: Issued to professionals who have been employed in Vietnam.
- Investment visa: For those who invest in local businesses or real estate.
- Student visa: For those studying at educational institutions.
Each visa has its own requirements and deadlines, and understanding these differences is important to ensure you apply for the correct visa.
Visa applications can be processed at Vietnamese embassies or consulates abroad. Some services also allow you to apply online but always verify the authenticity of the service provider. In Vietnam, immigration offices located in major cities handle visa extensions, renewals, and adjustments of visa status.
When should you start the visa application process?
It’s all about timing. Applying for a visa should begin at least a few months forward to the date of your planned trip. Early planning is essential for a seamless transition because administrative backlogs or the need for additional documentation may cause delays.
Your stay in Vietnam may be deemed unlawful if you do not have the proper visa, which might lead to fines, incarceration, or deportation. Furthermore, the correct visa protects your rights as a foreigner by guaranteeing that you have legal backing to work, study, or invest while in the nation.
Marriage with foreign elements in Vietnam
In Vietnam, both foreigners and Vietnamese citizens are allowed to marry under the laws of the country. Specifically for marriages between two foreigners, some additional requirements apply:
- Document verification: Both partners need a Certificate of No Impediment to Marriage, which must be legalized and translated into Vietnamese. Proof of residency in the district where the application is filed is also required.
- Embassy registration: Each partner should confirm whether their country requires additional registration steps to recognize a foreign marriage.
- Post-marriage updates: After registration, foreign couples may need to update their visas and passports to reflect their marital status, especially if they plan to reside in Vietnam long-term.
In some cases, foreigners may need to report their Vietnamese marriage to their home country. This may be necessary for recognition abroad and may involve other paperwork. Each country has different requirements, so checking with your country’s embassy or consulate in Vietnam can help clarify the steps and minimize complications later.
Refer this article to know more: “Marriage Registration in Vietnam”.
Divorce in Vietnam
Divorce in Vietnam can take anywhere from a few months to a few years, especially if there is a foreign element involved. The process includes filing in court, mediation, property division, and child custody. If both parties agree, the resolution will be quicker. Foreigners need to have a legal marriage registration to ensure their rights, especially when it comes to child custody.
Read the article ” Vietnam divorce procedure” to fully understand all aspects of divorce in Vietnam.
Some prohibited acts and occupations in Vietnam
(1) Trading in narcotics
(2) Trading in chemicals and minerals as prescribed
(3) Trading in specimens of endangered wild plants and animals from natural sources; specimens of endangered, precious, and rare forest plants, animals, and aquatic products.
Vietnam is a member of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The Government is making every effort to prevent illegal trafficking and prevent it from threatening the biological heritage of Vietnam and Southeast Asia. Therefore, you will face a prison sentence of up to 12 years and a fine of up to VND1.5 billion if convicted of hunting or trading endangered or protected species.
(4) Prostitution
Prostitution is illegal in Vietnam and is considered a crime under Vietnamese law. Foreigners should be aware that the government and police are actively conducting raids and crackdowns on sex trafficking and prostitution. Penalties for participating can include fines ranging from VND1 million to VND40 million, depending on the nature of the crime.
(5) Buying and selling people, tissues, corpses, human body parts, human fetuses
(6) Business activities related to human cloning
(7) Fireworks business
(8) Debt collection service business
(9) Business of buying and selling national treasures
It is not news that you cannot bring any antiques home from Vietnam. All antiques and cultural artifacts will need to be approved by the Vietnamese Ministry of Culture before they can leave the country. No matter how much you love an antique that you saw somewhere in Vietnam, it is illegal and there is no way for you to export antiques from Vietnam without a license.
(10) Exporting antiques and relics
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