Frequently Questions, Legislation
Legality of E-passport of Chinese in Vietnam
According to the law, when carrying out administrative procedures at a competent Vietnamese agency, Vietnamese citizens will have to present their identity card/citizen identity card, and foreigners will present it. passport. In the dossier submitted to the competent authority to carry out administrative procedures, it is always required to submit a copy of the foreigner’s passport. Foreign investors who want to carry out administrative procedures in Vietnam will have to make a copy or notarize a copy from the original passport.
However, when China grants citizens an electronic passport with a symbol starting with the letter E and in the passport there is a page with a cow’s tongue line, also known as a nine-dash line, which Vietnam does not recognize, so it will not be recognized by Vietnam. There are some problems when the Chinese carry out administrative procedures in Vietnam.
According to the provisions of Clause 1, Article 4 Investment Law 2020 , business investment activities in the territory of Vietnam shall comply with the provisions of the Investment Law and other relevant laws. Also according to Article 26 of the Law on Investment 2020 and the guidance at Point 3, Section 1, Official Letter 8909/BKHDT-PC, 2020, the application for “contribution of capital to economic organizations” (companies) in Vietnam must include copies of legal documents. management of individuals and organizations that contribute capital, purchase shares, purchase capital contributions and economic organizations with foreign investors contributing capital, buying shares or purchasing capital contributions.
Therefore, if the investor’s legal document is a passport that violates Vietnam’s sovereignty, it will not be able to carry out the procedures of “notary legalization” in Vietnam. Investments from China using passports printed with cow tongues will be illegal documents to carry out capital contribution procedures in Vietnam.
Investors have questions, please contact the lawyers of Inco Minh Anh Law Firm for advice and support
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