In the last article: Conditions for establishing a foreign-invested language center in Vietnam, Inco Minh Anh Law Firm advised foreign investors on the conditions to establish a foreign language center. With foreign investment capital in Vietnam, in this article, we will guide investors through the process for establishing foreign-invested language center.
Step 1: Issuing Certificate of Investment Registration for Target Project Establishing a Foreign Language Center
Investors who want to establish a foreign language center by themselves, without joint ventures or association with Vietnamese individuals or organizations must first apply for an Investment Registration Certificate. In the process of applying for an investment registration certificate, the investment registration certificate-issuing agency must obtain appraisal opinions from the Department of Education and Training because it is related to the training program, network planning educational institution.
The list of dossiers is as prescribed in Article 31 of the Investment Law 2020. The contents of the dossier must satisfy all conditions for foreign-invested foreign language centers according to Decree 86/2018/ND- CP and Circular 21/2018/TT-BGDDT. For details, see the article: Conditions for establishing a foreign-invested language center in Vietnam.
Step 2: Establish a project management business Establish a foreign language center
The foreign investor shall submit an application to the Business Registration Office where the Foreign Language Center operates, the dossier includes:
- Business registration application form.
- Company rules.
- List of founding members/shareholders
- A copy of the individual’s legal papers, for members being an individual, the legal representative;
- A copy of the organization’s legal papers for members being an organization and the document appointing an authorized representative; legal papers of individuals for authorized representatives of members being organizations.
- A copy of the Investment Registration Certificate for foreign investors in accordance with the Law on Investment.
Step 3: Apply for a decision on permission for education and announce it on the website of the licensing agency
After a foreign investor has obtained an Investment Registration Certificate, an Enterprise Registration Certificate, fully meets the prescribed conditions and has a regulation on organization and operation of the Foreign Language Center, then apply for a decision to permit educational activities at the Department of Education and Training where its head office is located. List of records include:
- Application form for registration of educational activities
- Copy of IRC, BRC
- Regulations on organization and operation of educational institutions
- Report on the implementation of investment projects
- Explanatory report of eligibility
- Attached documents:
- List of principals (directors), vice-chancellors (deputies of directors), heads of faculties, departments, and chief accountants;
- List and personal curriculum vitae of officials, teachers, lecturers (organic, visiting);
- Description of education level, training level, training major;
- Curriculum, teaching plan, study materials, list of textbooks and key references;
- Enrollment subjects, regulations and enrollment time;
- Training regulations;
- Training scale (students);
- Regulations on tuition fees and related fees;
- Regulations on examination, assessment and recognition of completion of subject programs, modules, and training levels;
- Sample diplomas and certificates will be used.
In fact, it is very difficult for foreign investors to impliment Process for establishing foreign-invested language center in Vietnam by themselves. Inco Minh Anh Law Company Limited – Law firm specializing in Investment, enterprises are ready to guide and advise on investment-related issues, on behalf of foreign investors to carry out procedures with state agencies.
The Tax Services sectors (CPC 863) in the WTO Schedule of Commitments are better understood through their functions. Specifically: Tax consulting, tax planning, tax control, .. through regulations that are allowed by law but still must be based on the principles and conditions of establishment as a tax agent. Foreign investors need to comply with the conditions for tax service activities in Vietnam according to the conditions of the WTO and the provisions of Vietnamese law.
What occupations does the tax service cover?
According to the WTO Schedule of Commitments, tax services include the following activities:
Business tax planning and consulting services (CPC 86301)
A service that advises businesses on how they can handle their business in order to minimize the impact of corporate income tax on their profits by taking advantage of all the benefits provided by the permitted law.
Exclusion: Similar consulting services but including preparing or reviewing various incomes and reports for clients listed in subsection (business tax preparation and review services).
Business tax preparation and review services (CPC 86302)
Services include preparing, reviewing for businesses the earnings and reports necessary for compliance with income tax laws and regulations and protecting these results if required by tax authorities prove. This service may include tax planning and control.
Business tax preparation and review services for individuals (CPC 8630)
Services include advising individuals on measures to minimize the impact of corporate income tax on their profits by taking advantage of all rights permitted by law and/or Prepare tax returns and reports required to comply with tax laws and regulations.
Other tax related services (CPC 86309)
Services include assisting businesses in income tax planning and control and preparing all documents required by law.
Conditions for foreign investors providing tax services in Vietnam
According to the WTO Schedule of Commitments
Within 01 year from the date of accession, the licensing will be done on a case-by-case basis and the number of service providers will be decided by the Ministry of Finance depending on the needs and the development of the Vietnamese market, and foreign-invested tax service providers are only allowed to provide services to foreign-invested enterprises and projects with foreign funding in Vietnam.
Conditions for providing tax services under Vietnamese law
Tax services are classified as tax consulting activities, supporting tax procedures within the scope of activities of tax procedure service businesses, therefore, to participate in this service business. In Vietnam, foreign investors need to consider and pay attention to the following conditions in the Law on Tax Administration 2019.
Tax service organization (hereinafter referred to as tax agent) is an enterprise established and operating in accordance with the law on enterprises, performing services as agreed upon with taxpayers. Enterprises that are eligible to provide tax procedure service business shall register with the Tax Departments of provinces and centrally run cities for a certificate of eligibility to provide tax procedure services.
Conditions for issuance of a Certificate of eligibility for business in tax procedure services include:
- Being an enterprise established in accordance with the law.
- There are at least 02 people who are granted practice certificates of tax procedure service, working full-time at the enterprise.
Foreign individuals who want to do business, provide tax services in Vietnam or establish or work as an employee at a tax service provider in Vietnam must have a tax procedure service practice certificate issued by the General Department of Taxation is granted.
Conditions for granting a tax procedure service practice certificate:
- Being a Vietnamese or a foreigner who is allowed to reside in Vietnam for one (01) year or more fully meets the following conditions:
- Not falling into the categories specified in Clause 4 – Article 105 of the Law on Tax Administration 2019 about those who are not allowed to work as tax agents (cadres, civil servants, people who have lost their civil capacity acts, people who are prosecuted for criminal liability). criminal liability….)
- Possess a college degree or higher in economics, finance, accounting, auditing, law (specializing in economic law) and have worked in this field for two (02) years or more up to the date of application submission.
With many years of experience in providing legal advice to foreign enterprises, Inco Minh Anh Law Firm – Law Firm is ready to advise, on behalf of foreign investors to carry out procedures with state agencies to conduct tax service activities, contact us via:
Time is counted as hours of paid work according to the Labor Code 2019
Mid-hour breaks are counted into working hours when working in continuous shifts;
Take breaks according to the nature of the job;
Rest required during labor included in the labor norm for human physiological needs;
Take a 60-minute break every day for a female employee nursing a child under 12 months old;
Take a 30-minute break every day for female employees during menstruation;
The time to stop working is not due to the employee’s fault;
Training time for labor safety and hygiene;
Time of meeting, study, training is at the request of the employer or agreed by the employer;
Time for meetings, study and training sessions by the superior trade union summons part-time trade union officers according to the law provisions on trade union;
The duration of the employee’s health check-up and occupational disease check-up according to the provisions of law.
Time is considered the working time of the employee to calculate the number of annual leave days according to the Labor Code 2019
Apprenticeship period, if the employee continues to work for the employer after finishing the apprenticeship period.
The probationary period, if the employee continues to work for the employer under the labor contract after finishing the probation period.
Separate paid leave time according to Clause 1, Article 115 of the Labor Code 2019
The period of unpaid leave, if agreed by the employer, must not exceed 01 month.
The time of suspicion of labor accident or occupational disease but the cumulative time must not exceed 6 months.
The time off due to sickness but the cumulative time must not exceed 02 months.
The period of leave to enjoy the maternity benefits in accordance with the law on social insurance
Time off for union activities which is counted as working time in accordance with the law on trade union.
The time to stop working or resign is not due to the employee’s fault. Time off because of work suspension but not subject to labor discipline.
Time of being held in custody or temporary detention but being allowed to return to work due to conclusions of competent state agencies
Register Labor regulations
Enterprises with 10 or more employees must issue the Labor regulations in accordance with the law with the labor-specialized agency of the provincial People’s Committee or the labor-specialized agency under the district-level People’s Committee (authorized by the labor-specialized agency of the provincial People’s Committee). On the basis of the Labor Code 2019, the Ministry of Labor, Invalids and Social Affairs issued Decision 338 / QD-LĐTBXH dated March 17, 2021 providing the procedures for registration of the Labor regulations as follows:
Step 1: Submit the application to the specialized agency
Within 10 days from the date of issuance of the Labor regulations, the employer shall submit 01 set of dossier to the specialized agency where the employer has registered his business.
• Written request for registration of the Labor Regulation;
• Labor regulations;
• Written comments of the organization representing employees at the grassroots about where there is a representative organization for employees at the grassroots level;
• Documents of the employer that have provisions related to labor discipline and material liability (if any).
Process of submitting dossier:
• Submit through the specialist agency’s online Public Service Portal
• Submit directly to the specialized agency
• Submit the application by mail to the specialized agency.
Step 2: Handling dossier
Within 7 working days from the date of receipt of the dossier for registration of the Labor Regulation, if detecting that the Labor Regulation contains illegal provisions, the specialized agency shall notify and guide the employer. amending, supplementing and re-registering the Labor Regulation.
Your company needs advice and implementation of the provisions of the Labor Code 2019; or any other need for legal advice, real estate consulting please contact us directly:
Email: [email protected]
The covid-19 pandemic has been badly affecting the global economy, and Vietnam is no exception. Falling sales, stagnant production, delayed or even canceled orders have led to a financial burden for businesses, especially manufacturing enterprises – a group of enterprises with a lot of workers and employees (Hỗ trợ người lao động). As a result, businesses have difficulty in ensuring the lives of their employees while balancing their financial position.
In such difficult period, Resolution 42 / NQ-CP was issued in a timely manner, reassuring enterprises and reassuring workers to continue to feel secure in production and business. Accordingly, Resolution 42 has a very important content that both businesses and employees are interested in, that is: “Supporting employees who have their labor contracts suspended, unpaid leave at 1.8 million / person, maximum time of 03 months.”
However, the resolution was issued but there was no specific guidance, making localities stuck in the implementation of the resolution.
On April 25, Prime Minister Nguyen Xuan Phuc issued Decision No. 15/2020 / QD-TTg regulating the implementation of policies to support people facing difficulties due to COVID-19 epidemic.
Accordingly, the above content will be implemented as follows:
1. The employee who is entitled to the policy must meet the following requirements (Hỗ trợ người lao động)
+ Unpaid leave, postponement of employment contracts for 01 month or more in a row
+ Currently attending compulsory insurance
+ Working at a business with no revenue or no financial resources to pay salaries.
Therefore, in the condition of No. 3, enterprises will need to prove their financial difficulties through books and vouchers so that employees can enjoy this policy.
+Firstly: The enterprise makes a list of employees who meet the above conditions according to the form in Annex 1 issued with this decision, requesting the grassroots trade union to certify this list.
+ Secondly: The enterprise submits the list of above certifications to the social insurance agency in suspicion of certification within 3 days from the time of submission.
+ Thirdly: After receiving the confirmation from the social insurance agency, the enterprise submits the list and proofs mentioned above to the one-stop section of the district People’s Committee where the head office is located. Within 3 days, the district People’s Committee will carry out the procedures to approve the list and support budget, and direct the payment of support.
Thus, the policy is both a right and an obligation of the business. Enterprises implement procedures so that the new employees can enjoy the policy. Because the policy shares with businesses about taking care of the lives of workers during the epidemic. Since then, it helps workers feel more secure, accompanies businesses through difficulties. Later, when the epidemic is over, workers are ready to return to work to help businesses stabilize production and business.
If you need to use the service, please contact us:
INCO MINH ANH Co,.Ltd
Email: [email protected]
This is a remarkable point in Decree 41/2018 / ND-CP on sanctioning administrative violations in the field of accounting and auditing. Read More
The VAT policy is effective from 05/11/2017
This is the remarkable content mentioned in Circular 93/2017 / TT-BTC amending and supplementing Clause 3 and Clause 4, Article 12 of Circular No. 219/2013 / TT-BTC and annul Clause 7, Article 11 of the Circular. 156/2013 / TT-BTC. As follows: Read More
The Ministry of Labor, Invalids and Social Affairs has issued Circular No. 23/2017/TT-BLDTBXH, guiding the issuance of work permits to foreign employees working in Vietnam via the Internet. Accordingly, from October 2nd 2017, the issuance of work permits to foreign employees working in Vietnam and the re-issuance of permits will be made via the portal at http://dvc.vieclamvietnam.gov.vn.
Accordingly, at least 7 working days from the date the foreign worker intends to start working, the employer must declare the information in the application form and submit the application for a work permit via e-portal.
Within 5 working days after receiving the dossier, the licensing agency shall reply the result via email to the employer. Upon receipt of the result of notification of valid dossiers, the employers shall submit directly or by post the originals of the dossiers of application for permits to the licensing agency for inspection, comparison and archive. regulations.
Within a maximum of 8 working hours from the date of receipt of the original application, the licensing agency shall return the results to the employer.
Should you have any questions and need specific legal advice, please do not hesitate to contact us:
INCO MINH ANH CO., LTD
Email: [email protected]
Look forward to cooperate with you in future.
Under the Commercial Law, Korean traders can open their representative offices and branches in Vietnam and also establish Korean investment-funded enterprises in Vietnam. Then the Ministry of Planning and Investment is responsible for managing the issuance of licenses to allow Korean traders to invest in Vietnam. The Ministry of Industry and Trade is responsible for the issuance of licenses of establishing representative offices and branches of Korean traders in Vietnam. Read More
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- Having full civil act capacity as prescribed by law.
- Having good health in accordance with work requirements.
- Being managers, executives, experts or technical workers.
- Not a criminal offender or subject to criminal prosecution in accordance with Vietnamese and foreign laws;
- Approved in writing by a competent state agency on the employment of foreign workers.
Foreigners who have a work permit for a period of 12 months or more are entitled to temporary residence cards according to the regulations, the duration of the temporary residence card depends on the validity of the work permit. Read More