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    Visa
    • What is Visa-on-Arrival?

      Visa-on-arrival means a simplified method of issuing visa (a permit to enter and leave a country) on arrival granted by a competent authority of the destination country.

    • What are benefits to apply Visa-on-Arrival?

      A number of benefits to apply visa-on-arrival including:
      (1) Legitimate: Visa-on-arrival is legitimately granted and approved by a government’s authorized agency, i.e. the Vietnam Department of Immigration;
      (2) Convenient: Visa-on-arrival is much easier than as it is method of online application. No need to send passport or photos, and no waiting or delays;
      (3) Cheap: lowest fee and best service; and (4) Fast: a VOA can be completed in two business days.

    • How many types of Vietnam Visa-on-Arrival are there?

      According to length of staying and number of entries, visa on arrival includes
      (a) 1-month single/multiple entry visa;
      (b) 3-month multiple/multiple entries visa; and
      (c) 6 months multiple entries visa.

      But, according to visiting purpose, visa-on-arrivals are categorized into business visa; tourist visa and others.

    • What is the Approval Letter?

      The visa Approval Letter is a letter issued by the Immigration Department of Vietnam allowing you to enter and exit Vietnam for a given period of time.

      With your Approval Letter, you can pick up your Visa on Arrival at one of three international airports in Vietnam: Hanoi, Da Nang, or Ho Chi Minh City.

      At the airport, the entry authority will verify the details of the Approval Letter based on your passport and travel documents. As long as you have entered the correct information on your visa application, you should have no problems being granted entry into Vietnam with your Approval Letter.

    • How long does it take to get the Visa-on-Arrival?

      The Approval Letter is processed and emailed to you within two (2) business days (excluding Saturday, Sunday, and national or international holidays).

      In urgent cases, you can receive an Approval Letter within the timeframes below:

      - Processed within 4 to 8 hours: +$20/applicant.
      - Processed within 1 business day: + $10/applicant.
      - For urgent processing on national or international holidays, please call us or contact us via email for details and assistance.

      Note: the above urgent processing times do not apply for Friday afternoons after 12pm or for Saturdays or Sundays. Also, please consider the time difference between Vietnam and your application location.

      The visa counters at Vietnam’s international airports are open 24/7. As long as you have your Approval Letter, you will still be able to get your visa on the weekend.

    • How do I receive my Approval Letter?

      A scanned color PDF file of your Approval Letter will be sent to you via email, so please be sure you have provided us with your correct email address. You will need the latest version of Adobe Acrobat Reader in order to open the file.

    • Can I enter Vietnam by sea or by land with my Approval Letter?

      Visa on Arrival is only valid for air travelers. Travelers entering Vietnam by land or by sea must visit a Vietnam Embassy to get their visa stamp. Your Approval Letter will be accepted at the three Vietnam international airports: Noi Bai International Airport (Hanoi); Tan Son Nhat International Airport (Ho Chi Minh City); and Danang Airport (Da Nang).

      Please kindly mindful that you cannot enter Vietnam by seaports or land crossing border with our approval letter. In this case, we recommend you should contact Vietnam Embassy to get visa stamped on your passport before your departure. Thele.blog arrange the visa for all who would like to get visa at the airports only.

    • Do thele.blog require a scan of my paspport?

      Visa on Arrival is only valid for air travelers. Travelers entering Vietnam by land or by sea must visit a Vietnam Embassy to get their visa stamp. Your Approval Letter will be accepted at the three Vietnam international airports: Noi Bai International Airport (Hanoi); Tan Son Nhat International Airport (Ho Chi Minh City); and Danang Airport (Da Nang).

      Please kindly mindful that you cannot enter Vietnam by seaports or land crossing border with our approval letter. In this case, we recommend you should contact Vietnam Embassy to get visa stamped on your passport before your departure. Thele.blog arrange the visa for all who would like to get visa at the airports only.

    • Can I enter Vietnam by sea or by land with my Approval Letter?

      Visa on Arrival is only valid for air travelers. Travelers entering Vietnam by land or by sea must visit a Vietnam Embassy to get their visa stamp. Your Approval Letter will be accepted at the three Vietnam international airports: Noi Bai International Airport (Hanoi); Tan Son Nhat International Airport (Ho Chi Minh City); and Danang Airport (Da Nang).

      Please kindly mindful that you cannot enter Vietnam by seaports or land crossing border with our approval letter. In this case, we recommend you should contact Vietnam Embassy to get visa stamped on your passport before your departure. Thele.blog arrange the visa for all who would like to get visa at the airports only.

    • Do you require a scan of my passport?

      A scan of your passport is not required for an online visa application.

    • Do I need a photo? If so, what size photo do I need?

      Photos are required upon arrival in Vietnam’s airports, so please remember to bring at least two standard photos of passport size (4cm x 6cm). NOTE: if you do not have time to prepare these photos before your departure, you can have them taken at a Vietnam airport for $2 USD or less per photo.

    • What are requirements of photos for Vietnam Visa on arrival?

      The requirements of photos should be matched with following conditions:

      Two photos are required for Vietnam Visa on Arrival. One is glued on the entry and exit form and the another is showed if officers need to check.
      Photos should be sized 4×6 cm as passport-size, especially taken NOT over 6 months.
      Both of color photos or black and white are accepted.
      Photos should be captured full of applicant’s face, front view in plain white background.
      Photos should be taken in normal view. If applicants wear a heading device, wig or similar things in abnormal view, they should wear consistently with the pictures upon arrival.
      Glasses without tinted lenses or any medical reasons are not acceptable.

    • What if my passport has expired?

      To apply for a visa to Vietnam, your passport must be valid for at least six months following your application. Therefore, if your passport is about to expire, please renew it before applying for a visa to Vietnam in order to avoid unwanted issues at the airport.

    • Should I provide you with the exact date of my arrival?

      The arrival date you provide should be the earliest you plan to arrive, but you can arrive after that date. The departure date you provide will be the last day you are permitted to be in the country unless you get a visa extension.

      For example, if you apply for a one-month visa and submit your arrival date as Jan. 1, 2016, your Approval Letter will be valid from Jan. 1—Feb. 1, 2016. You can arrive any time between January 1 and February 1, but you must leave the country by February 1, 2016.

    • What is the Stamping Fee?

      The Stamping Fee is the fee you are required to pay at a Vietnam airport in order to get the official visa stamped in your passport. The fee is $45 USD for a single-entry visa (1-3 months), and $90 USD for a multiple-entry visa (1-3 months). The Stamping Fee must be paid in cash (Vietnam dong or U.S. dollars). No credit cards are accepted.

    • Can I travel without an Approval Letter and still get a visa when I arrive?

      No, you cannot! In order to board the plane, you must show your Approval Letter to the airline. This letter is also compulsory in order to get a visa at a Vietnam airport. We strongly recommend that you apply for your visa before you leave for Vietnam in order to avoid having to delay or change your flight.

    • What if I change my flight and arrive at another airport in Vietnam?

      Visa on Arrival works at any of Vietnam’s four international airports: (1) Tan Son Nhat International Airport (Ho Chi Minh City); (2) Cam Ranh International Airport (Nha Trang); (3) Danang International Airport (Danang); (4) Noi Bai International Airport (Hanoi). There will be no problems with switching between these four airports.

    • Can I enter Vietnam earlier than the granted date in my approval letter?

      The answer is No, you are unable to enter Vietnam earlier than the date which state on your Vietnam visa approval letter. In this case, you must inform us then you need to pay the extra fee to process a new Visa with your correct arrival date.

      If you worry about this case, please do not hesitate to call us or email us, we will support you right away.

    • Who need visa when visiting Vietnam?

      1.1 Only the citizens of below countries are able to visit Vietnam without an entry visa:

      – Most citizens of ASEAN member-countries as Thailand, Indonesia, Singapore, Malaysia, Cambodia, and Laos do not need a Vietnam visa if they visit Vietnam within 30 days. The Philippine passport holders do not need a Vietnamese visa for 21 days and Myanmar do not need Visa within 14 days. The passport holders of Brunei are not required to get a visa to Vietnam for 15 days. They could apply for popular passport type with return tickets.

      – From July, 1st 2015 to next June 2016, Vietnam Government exempts Visas for nationals of 5 Western European countries as France, Germany, Spain, United Kingdom and Italy. They do not need a visa if staying in Vietnam less than 15 days regardless of their purpose or type of visas.

      – Citizens of and Timor-Leste is all required Visa Vietnam.

      – The Passport Holders from Korea, Japan, Russia and the Scandinavian nations (as Norway, Denmark, Sweden, and Finland) do not need a visa to Vietnam if they intend to stay in the country within 15 days. They could also apply for popular passport type with return tickets.

      – All other citizens are required to get a Vietnam entry visa (issued prior to departure by local consulates or embassies) or a pre-approved letter for picking up an entry visa (issued on arrival at Vietnam’s International Airports) at the airport. Both are supplied before arrival in the country.

      1.2 Some exceptions:

      – No visa is required for travel in Vietnam for less than 90 days or several visits within 6 months for citizens of France who holds valid diplomatic or official passports.

      – No visa is required for travel in Vietnam for less than 90 days or several visits within 6 months for citizens of Chile who holds valid diplomatic or official passports.

      – No visa is required for 60 days per time with APEC Business Travel Card (ABTC) Holders from Asia-Pacific Economic Cooperation (APEC) member economies.

      – Foreigners and Vietnamese are holding foreign passports who enter Vietnam through an international border gate to travel to Phu Quoc Island and stay there for less than 15 days will also be exempted from Vietnam visa application. Passports must be valid for at least 45 days. After arriving on Phu Quoc Island, the Vietnamese immigration department is responsible for issuing visas on the spot if visitors want to travel other localities or stay in the island for more than 15 days.

      – No visa required for Vietnamese overseas for less than 90 days staying if they are holding Vietnam visa exemption certificate.

    • Where do I get my Vietnam Visa Stamped on arrival at airport?

      – At the arrival hall inside the airports, there is a landing visa counter (cấp visa tai chổ), in front of the check-in point counter, You have to prepare some document to get visa stamp: 2 photos 4×6 cm, immigration form (you can download) and some cash in USD. (1 month, 3 months single: 45 USD, 1 month multiple is 65 USD, 3 months to less than 6 months is 95 USD and 6 months is 135 USD).

      – Vietnam visa on arrival at the airport is approved when you already have visa approval letter in advance. You will have to prepare some cash for stamping fee and 2 photos 4x6cm ( same size with passport picture) at the airport when you arrive. But this is not very important if you don’t have photos on your hand, you can take the picture when you arrive and you have to pay 5 USD for this case.

    • Which documents have I shown to get Vietnam Visa Stamp at the airport?

      In order to get your Vietnam Visa Stamp, you should prepare:

      Your passport
      Printed the approval letter visa
      Filled entry and exit form
      Two passport-sized photos
      Stamping fee for visa ( $45 USD for single entry or $95 USD for multiple entries).

    • How can I proceed Vietnamese visa on arrival?

      You can apply a Vietnamese visa on arrival by

      – Option 1: Filling the information in the Application for a Vietnamese visa form here. At the arrival hall inside the airports, there is a landing visa counter, in front of the check in point counter, You have to prepare some documents to get visa stamp: 2 photos 4×6 cm, immigration form (you can download here) and some cash in USD. (1 month, 3 months single: 45 USD, 1 month multiple is 65 USD, 3 months to less than 6 months is 95 USD and 6 months is 135 USD).
      – Option 2: If you find it difficult to fill in the information, you can provide us with necessary information stated in the form here.

      Fill in the information in our Vietnam visa on arrival at the airports is approved when you already have visa approval letter in advance. You will have to prepare some cash for stamping fee and 2 photos 4x6cm (same size with passport picture) at the airport when you arrive. But this is not very important if you don’t have photos on your hand, you can take picture when you arrive and you have to pay 5 USD for this case.

    • How can I extend my visa when I am in Vietnam?

      – When the expired day of your Vietnam visa comes up, please contact directly the Vietnam Immigration Office in which located at 40 Hang Bai street ( Hanoi); 161 Nguyen Du street ( Ho Chi Minh city) or any local Vietnam Immigration Offices where you stays in.

      – If you have no more time or cannot contact any travel agents to help extend your visa. Please scan your passport and visa, then send them to us via email hi@gate2v.com. We will advise you what should be done next.

      – In emergent case, please call our hotline (+84) 916 545 618 (Arthur Le).

    • Can I extend my expired passport in Vietnam?

      Unfortunately, you cannot extend your expired passport in Vietnam unless there is your country Embassy in Vietnam. So, please check the expired date of your passport carefully to ensure it is valid at least 6 months before applying Vietnam Visa. If not, you can not boarding the airplane and get Vietnam visa on arrival at the airport.

    • What does a Vietnam Visa Approval Letter look like?

      Here is an example of a Vietnam Visa Approval Letter.

    Work Permit
    thele.blog
    • Requirements for a Work Permit application

      In order to apply for a Work Permit, you must meet the following conditions:

      – Over 18 years old and have an adequate health condition to match the demand of the job.
      – High degree of specialized knowledge, qualification, and technology; experienced in management, business and other professions that the domestic labors cannot currently conduct efficiently.
      – If foreigners want to work in special jobs in education or health, they are required to meet all requirements of conducting health and education work of the Vietnamese authorities.
      – Have no criminal record in their living country, Vietnam or other countries; being not under any warrant of arrest or jailing by the Vietnamese or foreign policemen.

    • Who is exempt?

      Foreigners in Vietnam are required to have a valid work permit, except one of these circumstances:

      – Working in Vietnam for less than three months;
      – A member of a limited liability company with two or more members;
      – The owner of a limited liability company with only one member;
      – A member of the board of a joint stock company;
      – Coming to Vietnam to market products and services;
      – Coming to Vietnam for less than three months in order to resolve an emergency or technologically complex situation that could affect production which Vietnamese experts or foreign experts currently in Vietnam are unable to resolve;
      – Lawyers granted a professional permit in Vietnam;
      – Heads of representative offices, chiefs of project offices or someone working for foreign non-government organization in Vietnam;
      – Internally transferred within an enterprise which has a commercial presence in the committed service list of Vietnam with the World Trade Organization, including business service, information service, construction services, distribution service, education service, environment service, financial service, health service, tourism service, cultural and recreational services and transportation service;
      – Coming to Vietnam to supply consulting services on tasks serving to research, build, appraise, monitor and evaluate, manage and process programs and projects that use Official Development Assistance (ODA) in accordance with regulations or agreements in an international treaty on ODA signed between an authorized Vietnam agency and foreign agency.

    • How to get an exemption?

      An employer must present the necessary documents to the Ministry of Labor, War Invalids, and Social Welfare to get an exemption for their employees at least seven days prior to their beginning work.

      The documents must include:

      – A request to confirm a foreign worker is eligible for work permit exemption.
      – Detailed information about the employee, including name, age, gender, nationality, passport number, term on employment and job description.
      – Copies of papers to prove the employee is eligible for a work permit exemption must be translated into Vietnamese. In cases where copies of the above papers are submitted, such copies must be notarized or there must be the originals thereof for comparison.

      Within three days, the ministry will confirm a work permit exemption or state the reasons why the employee is ineligible.

      A work permit exemption is valid for two years.

    • Who needs a Work Permit?

      Any foreigner working in Vietnam (except in exemption cases) will need a work permit provided by the Ministry of Labor, War Invalids, and Social Welfare

    • What does on application dossier include?

      An application dossier for a work permit must include:

      – A request written by the employer for a work permits for the employee.
      – A medical certificate, issued by authorized agencies either abroad or in Vietnam and valid for 12 months.
      – Criminal record from the country of origin. If the employee has resided in Vietnam, he only needs to obtain this from the Vietnamese authorities.
      – Documents to support qualifications as managers, executives, professionals or technical workers. In other cases, these documents can be replaced by:
      + A certificate for traditional craft
      + An experience qualification for a soccer player.
      + An aircraft license issued by authorized agencies in Vietnam for foreign pilots.
      + An aircraft maintenance license issued by authorized agencies in Vietnam for foreign aircraft maintenance technicians.
      – Proof of employment with foreign companies that send staff to work in Vietnam.
      – Two color photos (size 4cm x 6cm, white background, looking forward, bareheaded, no colored glasses), taken within the last six months.
      – Notarized copy of passport.

      Documents provided by foreign companies and organizations must go through a process of consular notarization before being sent to the Ministry of Labor, War Invalids, & Social Welfare.

    • What are the procedures?

      The procedures include 3 main steps

      Step 1: Prepare the mandatory application dossier and submit it to the Department of Labor, War Invalids, and Social Welfare.

      Step 2: Department of Labor, War Invalids, and Social Welfare shall issue the work permit or state the reasons why the employee is ineligible.

      Step 3: After getting a work permit, the foreign employee and employer sign an employment contract and provide a copy of the contract to the ministry.

    • How does it take to obtain a Work Permit?

      It takes 7 working days for competent authorities to process the application and issue a work permit or notice that the employee is ineligible. A 3 days delay period is, however, anticipated.

      Note: Well-prepared documents are significantly important. Legal advice or legal assistance is highly recommended.

    • What if foreign employees work in Vietnam without a Work Permit?

      Expats working in Vietnam without work permits (except where they are exempted by the Ministry of Labor, War Invalids, & Social Welfare) will be expelled from the country.

    • In what circumstances a Work Permit might be terminated?

      A work permit may be terminated in the following circumstances:

      – Expiration of work permit;
      – Termination of labor contract;
      – The content of the labor contract is not consistent with the work permit granted;
      – If the foreign employee is fired by the foreign employer;
      – Withdrawal of work permit by authorized state agencies;
      – Termination of operation of the company, organization, and partners in Vietnam;
      – The foreigner is sentenced to prison, dies or is proclaimed missing by court.

    • What is Temporary Residential Card (TRC)?

      Foreigners who hold work permits valid for one year or more, as well as senior management, can be granted a Temporary Residential Card (TRC). A TRC is issued by the immigration agency under the Ministry of Public Security, and will be valid from 1 to 5 years. People granted a TRC can enter and exit Vietnam without a visa within the valid terms of their TRC.

    • Who are eligible to have a TRC?

      Holders of a B2, B3, or B4 visa are eligible for a Temporary Residence Card, as well as members of management boards, members of councils and boards of directors, heads of company branches and Chief Representatives of representative offices of foreign enterprises in Vietnam.

    Investment registration
    thele.blog
    • Is an Investment Registration Certificate an Enterprise Registration Certificate?

      False. An Investment Registration Certificate is not an Enterprise Registration Certificate.

      An Investment Registration Certificate is a document bearing information about foreign investors’ investment projects. This certificate shall contain some specific information: the Enterprise Registration Certificate code, the investor’s information, and the information of the investment project (name, scale, objectives, location, capital investment…)

    • The jurisdiction to issue the Investment Registration Certificate?

      It depends on the scale and the nature of the project (whether it is required to ask for a decision on investment guidelines or not) that the competent authorities issuing the investment certificate would be different, namely: The Department of Planning and Investment; The industrial park, export processing zone, hi-tech zone, or economic zone management boards; The investment registration authority.

    • In what case shall the investors request for the Investment Registration Certificate?

      A business organization is established and operates pursuant to Vietnam’s laws. Business organizations include enterprises, cooperatives, cooperatives unions and other organizations that carry out business investment activities.
      Before establishing a business organization (establishing an enterprise with more than 50% foreign capital), the foreign investor shall have an investment project and follow the procedures for the issuance of an investment registration certificate in accordance with the law. Hence, the first and foremost condition for the foreign investors to make an investment in Viet Nam is that they shall have an investment project; then they must follow the procedures for issuance of an Investment Registration Certificate to establish an enterprise.

    • Can the Investment Registration Certificate be adjusted or changed?

      It can be.

      In the process of operating the project, if there is any change in the content of the Investment Registration Certificate, you shall carry out the procedure of adjustment of the Investment Registration Certificate.

    • Does the Investment Registration Certificate have a term?

      The term of the Investment Registration Certificate depends on the term of the investment project. Accordingly, the term of the Investment Registration Certificate must not exceed the term of the investment project, which usually lasts from 50 to 70 years.

    • Can the Investment Registration Certificate be extended when it expires?

      The Investment Registration Certificate is attached to the investment project. Therefore, the Investment Project must be extended to extend the Investment Registration Certificate. When the term of the Investment Project expires and the Investor needs to continue implementing the investment project and this meets the legal conditions, the Investor has the right to apply for an extension of the investment project and the Investment Registration Certificate.

    Corporate
    thele.blog - Corporate
    • Who has the right to establish a company?

      All individuals and organizations have the right to establish enterprises, except in the following cases:

      - State agencies and units of the People's Armed Forces using State assets to establish enterprises for their benefit;
      - Cadres, civil servants, and public employees as prescribed by the Law on Cadres and Civil Servants and the Law on Public Employees;
      - Officers, non-commissioned officers, professional soldiers, workers,s and national defense officials in agencies and units of the Vietnam People's Army; officers, professional non-commissioned officers, police workers in agencies and units of the Vietnam People's Public Security, except for those appointed as authorized representatives to manage the State's capital contribution in enterprises or to manage state-owned enterprises;
      - Professional leaders and managers in state-owned enterprises, except for those appointed as authorized representatives to manage the State's capital contribution in other enterprises;
      - Minors; persons with limited civil act capacity; persons who have lost civil act capacity; persons with difficulty in cognition and behavior control; organizations without legal status;
      - Persons who are being prosecuted for criminal liability, detained, serving a prison sentence, serving an administrative measure at a compulsory drug rehabilitation facility, a compulsory education facility, or who are prohibited by the Court from holding a position, practicing a profession, or doing certain work; other cases as prescribed by the Bankruptcy Law and the Law on Anti-Corruption.
      - The organization is a commercial legal entity prohibited from doing business and operating in certain fields according to the provisions of the Penal Code.

    • What information is required when registering to establish a company?

      To complete the business registration dossier, the enterprise needs to prepare the following documents:

      - Application for business establishment;
      - Draft company charter;
      - Authorization letter for the person submitting the dossier if he/she is not the legal representative;
      - List of shareholders for a joint stock company or list of members for a limited liability company with 2 or more members;
      - Notarized copies of ID cards/Passports/Citizen identification cards are not older than 6 months and are still valid for the legal representative and capital contributors/shareholders;
      - Some other documents depending on the case.

    • Where to apply to company establishment?

      The business owner will apply for business registration at the Business Registration Office where the head office is located.

    • Is it necessary to have a permanent residence registration to establish a company?

      The person establishing the company does not need to have a permanent residence registration in the locality where the business is to be established. The business owner can establish the company in any province or city that suits his or her business conditions.

    • How many days does it take to set up a company?

      The time to set up a company is usually about 3-5 days to apply for a business registration certificate and a business license from the Department of Planning and Investment.

    • Can one person represent multiple companies at the same time?

      Yes. The law does not prohibit one person from representing multiple companies.

    • How much capital is needed to establish a company?

      The amount of charter capital depends on the financial conditions of each business owner and the industry in which the business will operate. However, for some business lines that require a legal capital level, the minimum capital must be equal to the legal capital and there is no limit on the maximum capital.

    • Can I register for multiple industries?

      Currently, the law does not limit the number of industries that a business can register for. However, foreign-invested companies are limited to industries that do not have a WTO or are regulated by the WTO.
      In addition, businesses are required to register a main industry when registering for business.

    • What are the basic taxes that must be declared and paid after establishing a company?

      After establishing a company, the enterprise must declare and pay taxes according to regulations. Specifically:
      - Business license fee;
      - Corporate income tax (CIT);
      - Value-added tax (VAT);
      - Personal income tax (PIT);
      - Import and export tax;
      - Resource tax;
      - Special consumption tax.

    Family
    thele.blog - Family
    • How is the common property of spouses during marriage regulated?

      The common property of husband and wife during marriage includes:
      - Property created by the husband and wife, income from labor, production, and business activities
      - Profits and income arising from separate property (except for the case where profits and income are divided as separate property of the husband and wife)
      - Other legal income during the marriage
      - Property that the husband and wife jointly inherit or are jointly gifted
      - Other property that the husband and wife agree is common property

    • How is the separate property of spouses during marriage regulated?

      The separate property of husband and wife includes:
      - Property that each person had before marriage
      - Property inherited separately or given separately during the marriage
      - Property divided separately between husband and wife according to the law
      - Property serving the essential needs of husband and wife and other property as prescribed by law as the separate property of husband and wife
      - Property formed from the separate property of husband and wife
      - Profits and income arising from separate property during the marriage after division of common property

    • Is property created before marriage considered joint property or separate property of the spouses?

      Property created before marriage is the separate property of the spouses.

      In case the spouses agree to include that property in the joint property of the spouses according to the law or there is no evidence to prove that the property was created before marriage, then that property is the joint property of the spouses.

    • How are the rights of foreign spouses to common property and separate property in Vietnam regulated?

      Foreign spouses still have the right to possess, use, and dispose of their own or common property according to the provisions of law. However, foreigners are limited in their ownership of the following types of property:
      - Land use rights and property attached to land
      - Housing located outside of commercial housing construction investment projects and in areas ensuring national defense and security or exceeding the number of houses allowed to be purchased according to the provisions of Vietnamese law

      For movable property that does not need to be registered, foreigners have the right to legal ownership through civil transactions. For movable property that requires registration, it is implemented by relevant legal provisions.

    • Can a foreign spouse receive a gift of joint property during the marriage?

      Yes. A foreign spouse still has the right to receive property from others as a gift to the couple during the marriage or to receive a gift of the Vietnamese spouse's portion of the joint property, but must ensure that the foreigner has ownership of the gifted property according to the law.

      Note that the contract for gifting real estate between husband and wife must be made in writing and notarized by a competent authority.

    • Is it illegal for a husband or wife to sell joint property without consent?

      Yes. The sale of joint property must be agreed upon by both husband and wife. However, a husband and wife may sell joint property without consent if the sale is to meet the family's essential needs. If one party sells property without the consent of the other party or if it does not meet the family's essential needs, the other party may request the Court to declare the transaction invalid in accordance with the law.

    • Can a couple get a divorce if they cannot resolve the division of property?

      Yes, it depends on the Court's consideration. The couple can agree to divide the property themselves or request the Court to divide the property according to the agreement or request right in the divorce petition. In case after the divorce, the couple has not divided the common property, both spouses still have the right to jointly own that property until they agree to divide it.

      Thus, dividing the property is not a mandatory condition for the Court to resolve the divorce relationship.

    • Will the couple's common property be divided in half when divorce?

      The joint property upon divorce can be divided by agreement.

      If no agreement is reached, the Court will resolve by dividing it in half, but will take into account the following factors:
      - The circumstances of the family and the husband and wife, such as health status and working capacity.
      - The contributions of the husband and wife to the creation, maintenance, and development of this joint property.
      - Protecting the legitimate interests of each party.
      - The fault of each party in violating the rights and obligations of the husband and wife.
      - The legitimate rights and interests of the wife, minor children, and adult children who have lost their civil act capacity or are unable to work or have property to support themselves.

    • Can I claim property division after many years of divorce?

      The division of marital property is the right of both spouses. Both spouses can do it by agreement or request the Court to resolve it. Therefore, if there is a request, even after many years of divorce, they still have the right to request the Court to divorce.

    • Do children get a share of the common property of their parents?

      The division of property upon divorce is only carried out with the property of both spouses and according to the agreement of both spouses (if any). Therefore, upon divorce, the husband and wife divide the common property which is not related to the property of the children and the children will not participate in the process of dividing the property of their parents.

    Properties
    thele.blog - Property
    • Can foreigners buy real estate in Vietnam?

      Yes. Vietnam regulations allow foreigners to buy real estate as long as they have a valid visa to enter the country. However, it is important to note that foreigners can only own the house itself and do not have ownership rights over the land on which the house is built.

    • What Are the Requirements for Foreigners to Purchase Houses in Vietnam?

      The requirements are relatively straightforward. Foreign purchaseers need the following:
      - A valid passport with an entry stamp from Vietnam’s immigration authority.
      - They must not be entitled to diplomatic or consular immunity per Vietnamese regulations.

    • Types of Houses Foreigners Can Own

      Foreigners are permitted to own houses within commercial housing development projects. These include:
      - Apartment buildings in housing construction investment projects
      - Detached houses in housing construction investment projects
      - Houses invested in and built by foreigners according to projects in Vietnam

    • How long does it take for a foreigner to buy a house in Vietnam?

      The sale process can take from 2-10 days depending on the property and the situation.

    • Is There a Time Limit on Property Ownership for Foreigners?

      Yes, foreign ownership of houses in Vietnam is subject to a time limit of up to 50 years. This can be extended once by another 50 years.

      Notice:
      This limitation does not apply to foreigners married to Vietnamese citizens or overseas Vietnamese.

      If the owner does not renew, sell, or transfer the property before expiration, the house will revert to state ownership.

    • Are There Limits on the Number of Houses Foreigners Can Purchase?

      Yes, restrictions exist regarding the number of properties a foreigner can own, depending on the specific project or area. Details of these limits vary per development.

    • When transferring real estate, is it necessary to carry out the procedure of changing the owner's name on the Land Use Right Certificate?

      Yes. The transferee must carry out the procedure of changing the owner's name on the Land Use Right Certificate (Land Change Registration) within 30 days from the effective date of the contract to transfer the land use rights and house ownership rights on the land.

      If the procedure of changing the owner's name is not carried out, the transferee will be fined from 1 million VND to 10 million VND.

    • Can a notarized real estate transfer contract be canceled?

      Yes. A notarized real estate transfer contract can be canceled if the parties have a written agreement/commitment.

      The cancellation of a notarized real estate transfer contract will be performed by a notary at the Notary Office where the previous notarization was performed. The notarization procedure for canceling a notarized contract is the same as the notarization procedure for a contract.

    • Can mortgaged real estate be transferred?

      The answer is yes. Mortgaged real estate can be transferred to another person, however, the transferor must obtain the consent of the mortgage bank before transferring.

    • Can a property be leased out while it is still under construction?

      Yes. An individual or legal entity may lease out a property before construction if all the conditions for putting the property into business before construction are met.

    • Does a lease need to be notarized?

      No, it does not need to be. A lease does not need to be notarized unless requested by the parties.