QUANG NGAI PROVINCE INFORMATION SYSTEM TO HANDLE ADMINISTRATIVE PROCEDURES
Administrative Service
Exchange of foreign driving license
1. Order of implementation:
a) Filing dossier of administrative procedures: The holder of a foreign driver’s license shall submit an application for exchange of a foreign driving license to the Quang Ngai Center for Service and Control of administrative procedures, located at 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province (place of registration of residence, temporary residence, or permanent residency).
b) Handling administrative procedures
+ The Department of Transport receives the application, reviews it, issues the driver's license, and returns the dossier of exchange of driver’s license to the holder.
+ If the driving license-issuing agency has any doubts about the passport, identity card, citizen identification card, or diplomatic identity card, it must send a written request to the Ministry of Foreign Affairs, the Department of Management Immigration, which is under the Ministry of Public Security, and the Immigration Department of the Police Department of provinces and centrally-run cities to verify.
(When submitting an application, the driver is photographed directly by the driver's license agency at the Quang Ngai Center for Service and Control of administrative procedures and presents the original documents for comparison, except originals that have already been sent.)
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. Method of implementation: Submit the dossier directly or send it through the public postal service to the Quang Ngai Center for Service and Control of administrative procedures.
3. Composition and number of dossiers
a) Composition of dossiers:
- Application form for exchange of driver’s licence
- Copy of passport (passport number, full name and photo of the issued person, expiry date and entry visa page to Vietnam), identity card or citizen identification card, foreign identity card assignment or official duty issued by the Ministry of Foreign Affairs of Vietnam or a copy of the residence card, temporary residence card, permanent residence card, papers verifying long-term residence in Vietnam for foreigners;
- The translation of the foreign driver's license into Vietnamese is guaranteed by the translation quality of the Notary Public or the Embassy or Consulate in Vietnam where the translator works, stamped adjacent to the copy of the driver's license; Vietnamese people present consularly legalized foreign driver's licenses in accordance with the law on consular certification and legalization, except for cases exempted under the provisions of law.
b) Number of dossiers: 01 set.
4. Time limit for settlement: Within 03 working days after receiving the complete and valid dossiers.
5. Entities carrying out administrative procedures: Vietnamese people residing abroad; foreigners.
6. Agency implementing administrative procedures:
- The authorized agency for decision: Department of Transport
- Authority authorized or decentralized to perform: None;
- The agency directly implementing administrative procedures: Department of Transport.
- The coordinating agency: None.
7. Results of implementation of administrative procedures: Driving license
8. Fees and charges:
Driver's license renewal fee: 135,000 VND per time.
9. Application form and declaration: An application for exchange of driver’s license for foreigners according to the form specified in Appendix 20 issued with Circular No. 12/2017/TT-BGTVT dated April 15, 2017.
10. Requirements and conditions for administrative procedures:
- Foreigners residing, working or studying in Vietnam, possessing a diplomatic identity card, official identity card, temporary residence card, residence card, or permanent residence card with a validity period of 03 months or more, must have a valid national driving license.
- The foreign driver's license must not be erased or torn; it must still have all the necessary elements to change the driver's license or there is no difference in identity.
11. Legal basis:
- Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on driver training, driving tests and issuance of driving licenses for road motor vehicles;
- Circular No. 38/2019/TT-BGTVT dated October 8, 2019 of the Minister of Transport amending and supplementing a number of articles of Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on driver training, driving tests and issuance of driving licenses for road motor vehicles;
- Circular No. 188/2016/TT-BTC dated November 8, 2016 of the Ministry of Finance regulating collection rates and regime for collection, payment, management and use of fees and charges of driving examination; issuance fees of driving license, operation certificate and fees of registration, granting plate of special-use vehicles.
* Attachments:
I. Allowance for organization of a foreign press conference
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Quang Ngai Center for Service and Control of administrative procedures, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it through using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Administrative procedure settlement
- If the dossier is complete and valid, the public postal staff at the Quang Ngai Center for Service and Control of administrative procedures checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In case the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Quang Ngai Center for Service and Control of administrative procedures.
- The public postal staff of the Quang Ngai Center for Service and Control of administrative procedures returns the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. Method of implementation
Submit the dossier directly or send it through the public postal service to the Quang Ngai Center for Service and Control of administrative procedures, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or through Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers: Press conference application form
b) Number of dossiers: 01 set.
4. Time limit for settlement: Within 02 working days after receiving the complete and valid dossiers
5. Entities carrying out administrative procedures: Organizations, associations.
6. Agency implementing administrative procedures:
- The authorized agency: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications.
- The coordinating agency: None.
7. Results of administrative procedures: Written approval
8. Fees and charges: None
9. Application form and declaration: Form No. 02 (issued together with Circular No. 04/2014/TT-BTTTT dated March 19, 2014 of the Ministry of Information and Communications).
10. Requirements and conditions for implementation of administrative procedures:
- The content of the press conference must match the content of the written approval of the state management agency in charge of the press. In case there is no written response, it must be true to the content notified to the state management agency in charge of the press.
- The content of the press conference does not contain the information specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 of Article 9 of the Law on Press.
11. Legal basis:
- The Law on Press No. 103/2016/QH13 was passed by the National Assembly of the Socialist Republic of Vietnam on April 5, 2016 and is effective from January 1, 2017.
- The Government’s Decree No. 88/2012/ND-CP dated October 23, 2012, on information and press activities of the foreign press, foreign representative agencies, and foreign organizations in Vietnam.
- The Ministry of Information and Communications’ Circular No. 04/2014/TT-BTTTT dated March 19, 2014 on detailing and guiding the implementation of a number of articles of Decree No. 88/2012/ND-CP dated October 23, 2012 of the Government on information and press activities of foreign press, foreign representative agencies, and foreign organizations in Vietnam.
* Attachments:
II. GRANT OF LICENSE FOR IMPORT NON-COMMERCIAL PUBLICATIONS (LOCAL LEVEL)
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Handling administrative procedures
- If the dossier is complete and valid, the public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In the event that the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Service Center-Controlling administrative procedures of Quang Ngai province.
- The public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province return the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00.
2. How to do it
Submit the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or done on the Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers:
- Application for a license to import non-commercial publications
- List of non-commercial imported publications
b) Number of dossiers: 01 set.
4. Processing time: Within 07 working days after receiving the complete and valid dossiers
5. Subjects to carry out administrative procedures:
- Enterprise
- Organizations, associations.
6. The bodies implementing administrative procedures:
- The authorized agency for decision: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications
- The coordinating agency: None.
7. Results of implementation of administrative procedures: License to import non-commercial publications
8. Fees: 50,000 dong per dossier (According to the provisions of Circular No. 214/2016/TT-BTC dated November 10, 2016 of the Ministry of Finance).
9. Name of form, form of declaration:
- List of non-commercial imported publications
- Application for a license to import non-commercial publications
10. Requirements and conditions for implementation of administrative procedures: None
11. Legal basis of administrative procedures:
- Law on Publication No. 19/2012/QH13 passed by the 13th National Assembly of the Socialist Republic of Vietnam on November 20, 2012
- Decree No. 195/2013/ND-CP dated November 21, 2013 of the Government detailing a number of articles and measures to implement the Law on Publication
- Circular No. 214/2016 / TT-BTC dated November 10, 2016 of the Ministry of Finance regulating the rates, the collection, payment, management and use of fees for verifying content of non-commercial documents for giving publishing license, fee for granting of non-commercial publishing permits, and registration fee for import of publications for business
- Circular No. 01/2020/TT-BTTTT dated February 7, 2020 of the Minister of Information and Communications detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement the Publication Law.
* Attachments:
III. Granting licenses to print and process publications for foreign countries (local level)
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Handling administrative procedures
- If the dossier is complete and valid, the public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In the event that the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Service Center-Controlling administrative procedures of Quang Ngai province.
- The public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province return the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. How to do it
Submit the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or done on the Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers:
- An application for a license to print and process publications for foreign countries;
- Two copies of publications to order;
- A certified copy of the license to print publications;
- A certified copy of the contract for printing and processing publications for foreign organizations/individuals; if the contract is in a foreign language, the Vietnamese translation must be attached;
- A copy of the valid passport of the person ordering the printing or the power of attorney, the identity card of the person authorized to order the printing.
b) Number of dossiers: 01 set.
4. Processing time: Within 07 working days after receiving the complete and valid dossiers
5. Subjects to carry out administrative procedures:
- Business and administrative offices
- Enterprises
- Individual business households
- Co-operative
- Foreign organizations
- Organizations, associations
6. The bodies implementing administrative procedures:
- The authorized agency for decision: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications
- The coordinating agency: None.
7. Results of implementation of administrative procedures: License to print and process publications for foreign countries
8. Fees: None
9. Name of form, form of declaration: Application for a license to print and process publications for foreign countries
10. Requirements and conditions for implementation of administrative procedures: The printing establishment has a license to print publications.
11. Legal basis of administrative procedures:
- Law on Publication No. 19/2012/QH13 passed by the 13th National Assembly of the Socialist Republic of Vietnam on November 20, 2012
- Decree No. 195/2013/ND-CP dated November 21, 2013 of the Government detailing a number of articles and measures to implement the Law on Publication
- Circular No. 01/2020/TT-BTTTT dated February 7, 2020 of the Minister of Information and Communications detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement the Publication Law.
* Attachments:
IV. Grant of registration to receive foreign television signals directly from satellites
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Handling administrative procedures
- If the dossier is complete and valid, the public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In the event that the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Service Center-Controlling administrative procedures of Quang Ngai province.
- The public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province return the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. How to do it
Submit the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or done on the Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers:
- Registration declaration according to the form prescribed by the Ministry of Information and Communications
- The certified copies or copies enclosed with the originals for comparison of the following documents: Establishment license or equivalent legal document for organizations specified in Clause 2, Article 29 of the Government’s Decree No. 06/2016/ND-CP dated January 18, 2016; Certificate of business registration, Certificate of investment registration (if any) for organizations, Permanent residence card or equivalent legal document for foreign households/individuals specified in Clause 3, Article 29 of the Government’s Decree No. 06/2016/ND-CP dated January 18, 2016; The document registering the operation of the hotel specified at Point b, Clause 4, Article 29 of the Government’s Decree No. 06/2016/ND-CP dated January 18, 2016; License to provide pay radio and television services for enterprises specified in Clause 6, Article 29 of the Government’s Decree No. 06/2016/ND-CP dated January 18, 2016.
- The certified copies or copies enclosed with the originals for comparison of documents on lease or loan of equipment installation location in case the equipment is not installed at the location stated in the Establishment license, Certificate of investment registration, Certificate of business registration, Permanent residence card, License to provide pay radio and television services.
b) Number of dossiers: 01 set (original).
4. Processing time: Within 07 working days after receiving the complete and valid dossiers
5. Subjects to carry out administrative procedures:
- Organizations, associations.
- Foreign organizations
6. The bodies implementing administrative procedures:
- The authorized agency for decision: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications
- The coordinating agency: None.
7. Results of implementation of administrative procedures: Certificate of registration to receive foreign television signals directly from satellite
8. Fees: None
9. Name of form, form of declaration: Declaration of registration to receive foreign television signals directly from satellites (Form No. 07/DVTHTT issued together with Circular No. 19/2016/TT-BTTTT dated June 30, 2016 of the Ministry of Information and Communications)
10. Requirements and conditions for implementation of administrative procedures:
- As a Vietnamese enterprise. Foreign-invested enterprises must be approved by the Prime Minister’s policy;
- Having a service provision plan consistent with the master plan on the development of radio and television services, the master plan on radio and television transmission, and other master plans in the field of radio, television, and electrical information;
- Having a license to establish a telecommunications network or having an agreement to lease and use a telecommunications network that meets the technical requirements for service transmission to subscribers connected to that telecommunications network for the services specified at Points a, b, c, d, Clause 1, Article 4 of Decree No. 06/2016/ND-CP; having a confirmation of registration of a domain name “.vn” or a definite Internet address to provide services to subscribers for the services specified at Point đ, Clause 1, Article 4 of Decree No. 06/2016/ND-CP;
- There are options: Allocating human resources; investment in technical equipment; service market forecast and analysis; business plan and service charges, investment cost estimates and operating expenses for at least the first 2 (two) years; documents proving charter capital or documents of equivalent value satisfying the requirements of service provision according to the estimate;
- Having a plan to set up a transceiver center for all domestic and foreign program channels to be concentrated in one location, except for program channels on the list of program channels serving political and informational tasks essential to local propaganda, including: technical design of signal processing equipment system, equipment connected to transmission network, equipment for service management, subscriber management, and content protection;
- Having a plan to apply modern technical technology in accordance with the State's regulations on standards and technical regulations to ensure service quality and information safety; handle technical problems as soon as possible to ensure service continuity and subscriber interests;
- Having an expected list of domestic program channels (except for program channels specified in Clause 4, Article 13 of Decree No. 06/2016/ND-CP), foreign program channels, on-demand content, and price content added value will be provided on pay radio and television services with the written approval of content providers;
- Having a written agreement on the receiving point for the appropriate program channels specified at Point c, Clause 1, Article 14 of Decree No. 06/2016/ND-CP.
11. Legal basis of administrative procedures:
- Decree No.06/2016/ND-CP dated January 18, 2016 of Government on management, provision and utilization of radio and television services.
- Circular No. 19/2016/TT-BTTTT dated June 30, 2016 of the Ministry of Information and Communications regulating the forms of registration declarations, applications for licenses, certificates, permits, and business reports as prescribed in Decree No. 06/2016/ND-CP dated January 18, 2016 of the Government on management, provision and utilization of radio and television services.
* Attachments:
V. Grant of registration for amendment and supplementation of the certificate of registration for reception of foreign television signals directly from satellites
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Handling administrative procedures
- If the dossier is complete and valid, the public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In the event that the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Service Center-Controlling administrative procedures of Quang Ngai province.
- The public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province return the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. How to do it
Submit the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or done on the Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers:
- The written request specifies the content that needs to be changed or supplemented..
- When changing the installation location, a certified copy of the document establishing ownership, lease, or loan of the new location is necessary.
b) Number of dossiers: 01 set (original).
4. Processing time: Within 07 working days after receiving the complete and valid dossiers
5. Subjects to carry out administrative procedures:
- Organizations, associations.
- Foreign organization.
6. The bodies implementing administrative procedures:
- The authorized agency for decision: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications
- The coordinating agency: None.
7. Results of implementation of administrative procedures: Certificate of registration for reception of foreign television signals directly from satellites
8. Fees: None
9. Name of form, form of declaration: None
10. Requirements and conditions for implementation of administrative procedures:
- As a Vietnamese enterprise. Foreign-invested enterprises must be approved by the Prime Minister’s policy;
- Having a service provision plan consistent with the master plan on the development of radio and television services, the master plan on radio and television transmission, and other master plans in the field of radio, television, and electrical information;
- Having a license to establish a telecommunications network or having an agreement to lease and use a telecommunications network that meets the technical requirements for service transmission to subscribers connected to that telecommunications network for the services specified at Points a, b, c, d, Clause 1, Article 4 of Decree No. 06/2016/ND-CP; having a confirmation of registration of a domain name “.vn” or a definite Internet address to provide services to subscribers for the services specified at Point đ, Clause 1, Article 4 of Decree No. 06/2016/ND-CP;
- There are options: Allocating human resources; investment in technical equipment; service market forecast and analysis; business plan and service charges, investment cost estimates and operating expenses for at least the first 2 (two) years; documents proving charter capital or documents of equivalent value satisfying the requirements of service provision according to the estimate;
- Having a plan to set up a transceiver center for all domestic and foreign program channels to be concentrated in one location, except for program channels on the list of program channels serving political and informational tasks essential to local propaganda, including: technical design of signal processing equipment system, equipment connected to transmission network, equipment for service management, subscriber management, and content protection;
- Having a plan to apply modern technical technology in accordance with the State's regulations on standards and technical regulations to ensure service quality and information safety; handle technical problems as soon as possible to ensure service continuity and subscriber interests;
- Having an expected list of domestic program channels (except for program channels specified in Clause 4, Article 13 of Decree No. 06/2016/ND-CP), foreign program channels, on-demand content, and price content added value will be provided on pay radio and television services with the written approval of content providers;
- Having a written agreement on the receiving point for the appropriate program channels specified at Point c, Clause 1, Article 14 of Decree No. 06/2016/ND-CP.
11. Legal basis of administrative procedures:
- Decree No.06/2016/ND-CP dated January 18, 2016 of Government on management, provision and utilization of radio and television services.
- Circular No. 19/2016/TT-BTTTT dated June 30, 2016 of the Ministry of Information and Communications regulating the forms of registration declarations, applications for licenses, certificates, permits, and business reports as prescribed in Decree No. 06/2016/ND-CP dated January 18, 2016 of the Government on management, provision and utilization of radio and television services.
Allowing domestic and overseas individuals to provide humanitarian medical examination and treatment at medical examination and treatment establishments under the Department of Health.
I. Order of implementation
Step 1. Individuals requesting humanitarian medical examination and treatment shall submit dossiers to the Department of Health
Step 2. The Department of Health sends the requesting individual the application receipt form according to regulations
If the application dossier for permission to conduct humanitarian medical examination and treatment is incomplete, a written notice must be sent to the individual requesting humanitarian medical examination and treatment within 10 working days to complete the dossier, which must specify documents that need to be supplemented or amended.
Step 3. The Department of Health must issue a written authorization to conduct humanitarian medical examination and treatment within 10 days of receiving valid dossiers as stated on the Receipt Form.
If humanitarian medical examination and treatment is not permitted, the reason must be stated in written document.
II. Method of implementation
Submit dossiers, receive settlement results at the Center for Service and Control of administrative procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through the following ways:
- Direct.
- Via postal service.
III. Composition and number of dossiers1
1. Composition of dossiers:
- An application form for permission for humanitarian medical examination and treatment as prescribed in Appendix 01 issued with Circular No. 30/2014/TT-BYT;
- A certified copy of the practice certificate for the practitioner only;
- A plan on organization of humanitarian medical examination and treatment according to the form specified in Appendix 03 issued with Circular No. 30/2014/TT-BYT;
- The written permission of the medical examination and treatment establishment or the head of the place where the individual intends to provide humanitarian medical examination and treatment activities;
- Documents evidencing stable financial resources for humanitarian medical examination and treatment activities.
2. Number of dossiers: 01 set
IV. Time limit for settlement 2
Within 10 working days after receiving the complete and valid dossiers
V. Entities carrying out administrative procedures: Individual
VI. Agency implementing administrative procedures: Department of Health
VII. Results of implementation of administrative procedures: Official letter authorizing medical examination and treatment
VIII. Fees and charges (if any): No regulations
IX: Application form and declaration (Attached this procedure)
- Application for permission to organize humanitarian medical examination and treatment according to Appendix 1 of Circular No. 30/2014/TT-BYT dated August 28, 2014 of the Minister of Health.
- A plan on organization of humanitarian medical examination and treatment according to the form specified in Appendix 03 issued with Circular No. 30/2014/TT-BYT dated August 28, 2014 of the Minister of Health
X. Requirements and conditions for implementation of administrative procedures (if any)
Article 7 of Circular No. 30/2014/TT-BYT dated August 28, 2014: “Conditions for allowing domestic and foreign individuals to provide humanitarian healthcare”
1. Infrastructure conditions:
a) Regulations laid down in Point a Clause 1 Article 5 hereof shall be complied with;
b) If a domestic or foreign individual provides humanitarian healthcare at a place other than the healthcare facility, the place where healthcare is provided must:
- To have a patient reception area, specialized examination rooms or injection and dressing change rooms in the case of injection and dressing change services;
- To satisfy conditions for bacterial contamination control, radiation safety, medical waste management and fire safety;
- To ensure sufficient supply of electricity and water and satisfy other conditions to serve humanitarian healthcare.
2. Personnel conditions:
Individuals who conduct humanitarian medical examinations and treatments, whether domestic or foreign, must have a medical examination and treatment practice certificate issued by the Ministry of Health or the Department of Health, or a medical examination and treatment practice certificate approved by the Government of Vietnam recognized according to the provisions of Article 22 of the Law on Medical Examination and Treatment; know Vietnamese fluently or register the language used in medical examination and treatment; and comply with the provisions of Article 23 of the Law on medical examination and treatment.
3. Conditions for medical equipment and drugs:
a) Having adequate medical equipment, anti-shock drugs, emergency drugs, and curative drugs appropriate to the scope of professional activities for which domestic and foreign individuals register for humanitarian medical examination and treatment.
b) Equipment must have a clear origin, and drugs used for humanitarian medical examination and treatment must be on the list of drugs allowed to circulate in Vietnam and have an expiry date.
4. Scope of professional activities:
Perform medical examination and treatment according to the scope of professional activities in the issued practice certificate and in accordance with the list of professional and technical subjects that domestic and foreign individuals are permitted by competent state agencies for humanitarian medical examination and treatment.
5. If a domestic or foreign individual conducts a humanitarian medical examination and treatment at a medical examination and treatment establishment, the written consent of such medical examination and treatment establishment must be obtained.
6. If a domestic or foreign individual conducts a humanitarian medical examination and treatment at a location other than the medical examination and treatment establishment, the written consent of the People's Committee of the commune, ward or township where the humanitarian medical examination and treatment is performed must be obtained.
XI. Legal basis:
1. Law No.11/2008/QH12 on Red-cross Activities
2. Law No. 40/2009/QH12 on medical examination and treatment
3. Decree No. 03/2011/ND-CP dated January 7, 2011 of the Government detailing and implementing measures for the Law on Red-cross activities
4. Circular No. 30/2014/TT-BYT dated August 28, 2014 of the Ministry of Health providing for humanitarian medical examination and treatment
* Attachments:
Issuance of work permits for foreign employees working in Vietnam
1.1. Order of execution
- Determining the need of foreign employees use:
+ Employers (except contractors) are responsible for determining the need of using foreign employees for each position that Vietnamese employees have not yet met and report to the Chairman of the Province People's Committee where the foreign employees are expected to work. During the implementation process, if there is any change in the demand for using foreign employees, the employer must report to the Chairman of the Provincial People's Committee.
+ In case foreign employees specified in Clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code and Article 7 of Decree No. 152/2020/ND-CP, The employer is not required to determine the demand for using foreign employees.
- The Provincial People's Committee shall give an approval letter to the employer for the use of foreign employees for each job position.
Step 1: At least before 15 working days, from the date the foreign employees are expected to start working for the employer, the employer must submit application of issuance of work permits to the Department of Labor, Invalids and Social Affairs where the foreign employees are expected to work.
In case the foreign employees do not have the full time to work for the employer in a province or a city under Central, the application of granting work permits shall be submitted to the Department of Labor, Invalids and Social Affairs where the employer's head office is located.
Employers send applications of granting work permits for foreign employees to work in Quang Ngai to the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or submit it by post.
- Submit the applications online and pay fees online at: http://dichvucong.quangngai.gov.vn
Step 2: The civil servant receives and checks the legality and content of the application:
- If the application is valid, the civil servant shall write a receipt for the applicant and transfer the application to the Division of Labor, Employment and Vocational Education.
- If the application is not valid, the civil servant shall guide the applicant to complete the application.
Step 3: Department of Labor - Invalids and Social Affairs issues work permits to foreigners. In case of refusal, there must be a written reply clearly stating the reason.
Step 4: Delivering results at the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submitting receipt.
- Receiving results.
- Time to receive and deliver results: From 07:00 to 11:30 in the mornings. And from 13:30 to 17:00 in the afternoons (except Saturday, Sunday, the National holidays and The Tet holidays)
After the foreign employee is granted a work permit, the employer and the foreign employee must sign a written labor contract in accordance with Vietnamese labor law before the expected working date.
Within 05 working days, from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, Invalids and Social Affairs where the work permit has been issued.
1.2. Method of Implementation: Submit the applications directly to the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submit the applications online and pay fees online at: http://dichvucong.quangngai.gov.vn
1.3. Components and number of the dossier:
a) Components of the dossier:
- An official document request for a work permit of the employer (Form 11/PLI: Decree No. 152/2020/ND-CP on 30 December 2020 of the Ministry of Labor, Invalids and Social Affairs).
- A Health Certificate or Health Check Certificate issued by the foreign or Vietnamese authorized health organizations or agencies is taken effect within 12 months from the date of signing the health conclusion to the date of submitting the applications or Health Certificate as prescribed by the Minister of Health.
- A criminal record or a document certifying that the foreign employees is not a person who is serving a sentence or has not yet been remitted or is being examined for criminal liability by a foreign country or issued by Vietnam.
A criminal record or a document certifying that the foreign employees is not a person who is serving a sentence or has not yet been remitted or is being examined for criminal liability, issued within 06 months, from the date of issue to the date of submitting the applications.
- Documents proving that they are managers, CEO, experts, technical employees and a number of occupations and jobs are prescribed as follows:
+ Documents proving that they are managers, CEO as prescribed in Clauses 4 and 5, Article 3 of this Decree;
+ Documents proving that they are experts or technical workers as prescribed in Clauses 3 and 6, Article 3 of this Decree, including: diplomas, certificates, written certification of the agency, organization or enterprise in the foreign countries on the number of years of experience of the expert or technical worker;
+ Documents proving the experience of a foreign football player or an international transfer certificate (ITC) issued to a foreign football player or a document from the Vietnam Football Federation confirming temporary or official registration for players of the club of the Vietnam Football Federation;
+ Pilot license issued by a competent authority of Vietnam or by a competent agency of a foreign country and recognized by competent authority of Vietnam for foreign pilots or professional certificates permitted to work on airplane issued by the Ministry of Transportation for flight attendants;
+ Certificate of professional qualifications in the field of airplane maintenance industry, issued by an competent authority of Vietnam or issued by an competent agency of a foreign country and recognized by competent authority of Vietnam for foreign employees engaged in airplane maintenance industry;
+ Certificate of professional ability or a written confirmation of professional certificate issued by a competent authority of Vietnam to foreign seafarers;
+ Certificate of high achievement in the field of sports and certified by the Ministry of Culture, Sports and Tourism for sports coaches or having at least one of the qualifications such as: Certificate B in football coach issued by the Asian Football Confederation (AFC) or the Certificate level 1 in goalkeeper issued by the AFC or the Certificate level 1 in fitness coach issued by the AFC or the Certificate level 1 in Futsal coach issued by the AFC or any equivalent coaching qualification issued by a foreign agency recognized by the AFC;
+ Diplomas granted by competent agencies meet the requirements on qualifications and standard qualifications under the Law on Education, the Law on Higher Education, the Law on Vocational Education and the Regulation on organization and operation of foreign languages, informatics centers promulgated by the Minister of Education and Training.
- 02 color photos (4cm x 6cm, white background, frontal face, bare head, no colored glasses) that taken within 06 months from the date of application submission.
- Written approval of using foreign employees need, except for cases which do not require to determine the need of using foreign employees.
- Certified copy of valid passport as prescribed by law.
- Documents related to foreign employees:
+ For foreign employees specified at Point b, Clause 1, Article 2 of this Decree, there must be a document sent by the foreign enterprise to work at the commercial presence of such foreign enterprise in the Vietnamese territory and documents proving that they have been employed by such foreign enterprise for at least 12 consecutive months before being appointed to work in Vietnam;
+ For foreign employees specified at Point c, Clause 1, Article 2 of this Decree, there must be a contract or agreement signed between the Vietnamese partner and the foreign partner, including the agreements on sending foreign employees to work in Vietnam;
+ For foreign employees specified at Point d, Clause 1, Article 2 of this Decree, there must be a service supply contract signed between the Vietnamese partner and the foreign partner and a document proving that the foreign has worked for the foreign enterprise without a commercial presence in Vietnam for least 02 years;
+ For foreign employees specified at Point d, Clause 1, Article 2 of this Decree, there must be a document made by the service provider proving that foreign employees are appointed to Vietnam to negotiate service supply.
+ For foreign employees specified at Point e, Clause 1, Article 2 of this Decree, there must be a document made by the agency or organization proving that foreign employees are appointed to work for a foreign non-governmental organization or international organizations in Vietnam, except for the case specified at Point a, Clause 1, Article 2 of this Decree and the operation licenses of foreign non-governmental organizations and international organizations in Vietnam in accordance with law;
+ For foreign employees specified at Point i, Clause 1, Article 2 of this Decree, there must be a document made by the foreign enterprise, agency or organization proving that the foreign employees are appointed to work in Vietnam and suitable for the intended work position.
- Applications for a work permit for some special cases:
+ For foreign employees who have been granted a valid work permit and wish to work for another employer in the same job position and the same job title stated in the work permit; The application for a new work permit includes: the previous employer's confirmation that the employee is currently working, and the documents specified in Clauses 1, 5, 6, 7 and 8 of this Article and a certified copy of the issued work permit;
+ For foreign employees who have been granted a valid work permit but change their job position or job title or the form of work stated in the work permit as prescribed by law, but do not change the employer, The application for a new work permit includes specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article and the Work permit or a certified copy of issued Work permit.
- Consular legalization and certification of documents:
The papers specified in Clauses 2, 3, 4, 6 and 8 of this Article are originals or certified copies, if such papers are issued abroad, they must be consularly legalized, except for cases of exemption from the consular legalization as regulated in the international treaties to which the Socialist Republic of Vietnam and relevant foreign country are signatories or in the principle of reciprocity or as prescribed by law; translated into Vietnamese and certified in accordance with Vietnamese law.
1.4. Time limit for settlement: Within 3 working days from the date of receipt of complete and valid applications
1.5. Entities carrying out administrative procedures: Foreign employers.
1.6. Agency carrying out administrative procedures:
- Competent authority to decide: Department of Labor - Invalids and Social Affairs
- Authority or person authorized or decentralized to perform (if any): Not available
- The agency directly handling administrative procedures: Department of Labor, Invalids and Social Affairs
- Coordinating agency to implement administrative procedures: Not available
1.7. Results of administrative procedures: Work permit for foreign employees working in Vietnam.
1.8. Fees and charges: 600,000 VND/ 01 work permit
1.9. Application form and declaration: A written request for a work permit for foreign employees (Form 11/PLI issued with Decree No. 152/2020/ND-CP).
1.10. Requirements and conditions for administrative procedures implementation: Foreign employees working in Vietnam must fully meet the following conditions:
- Having full civil act capacity as prescribed by law.
- Have good health suitable to job requirements.
- Foreign employee who is transferred intra-company means a manager, executive, expert or technical worker of a foreign company which has established a commercial presence in Vietnam’s territory, temporarily transferred within the company to the commercial presence in Vietnam’s territory and has been recruited by the foreign company at least 12 consecutive months prior to the transfer date.
- Volunteer means an unpaid foreign employee who voluntarily works in Vietnam to implement an international treaty to which the Socialist Republic of Vietnam is a signatory.
- Experts are foreign workers in one of the following cases:
+ Having a written certification of being an expert of a foreign agency, organization or enterprise;
+ Obtaining at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training field in corresponding with the job position/job assignment that he/she will be appointed in Vietnam; special cases shall be considered and decided by the Prime Minister.
- The manager or CEO is a foreign employee in one of the following cases:
+ Manager means a person in charge of management of an enterprise as prescribed in clause 24 Article 4 of the Law on Enterprises or the head or deputy head of an agency or organization.
+ CEO is the person who heads and directly manages the units under agencies, organizations or enterprises.
- Technical employee means a person who has been trained in a technical or other major for at least 1 year and has worked for at least 3 years in the trained field.
- Foreign employees who practice medical examination and treatment, directly provide medical examination and treatment in Vietnam, or work in the field of education, training and vocational training must fully satisfy the conditions prescribed by Vietnamese law on medical examination, treatment, education, training and vocational training.
- Not being a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws.
- Have the written approval of the competent state agency on the employment of foreign workers.
1.11. Legal basis:
- Labor Code 2019 (from Article 151 to Article 157).
- Decree No.152/2020/ND-CP dated December 30, 2020 of the Government on regulations on foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for working for foreign organizations and individuals in Vietnam
- Resolution No.17/2021/NQ-HDND dated July 21, 2021 of the Provincial People's Council stipulating the fee rate, collection, payment and management of fees for issuance and re- issuance of work permits for foreigners working at enterprises, agencies and organizations operating in Quang Ngai province.
* Attachments:
. Re-issuance of work permits for foreign employees working in Vietnam
2.1. Order of execution
Step 1: The applicant submits application for a work permit re-issuance directly at Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submit the application online and pay fees online at: http://dichvucong.quangngai.gov.vn
Step 2: The civil servant receives and checks the legality and content of the application:
- If the application is valid, the civil servant shall write a receipt for the applicant and transfer the application to the Division of Labor, Employment and Vocational Education.
- If the application is not valid, the civil servant shall guide the applicant to complete the application.
Step 3: Department of Labor - Invalids and Social Affairs re-issues work permits to foreigners. In case of refusal to re-issue a work permit, the Department of Labor - Invalids and Social Affairs will give a letter stating the reason clearly.
Step 4: Delivering results at the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submitting receipt.
- Receiving results.
- Time to receive and deliver results: From 07:00 to 11:30 in the mornings. And from 13:30 to 17:00 in the afternoon (except Saturday, Sunday, the National holidays and The Tet holidays)
After the foreign employee is re-issued a work permit, the employer and the foreign employee must sign a written labor contract in accordance with Vietnamese labor law before the expected working date.
Within 05 working days, from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, Invalids and Social Affairs where the work permit has been re-issued.
2.2. Method of implementation: Employers must submit an application for re-issuance of a work permit at:
- The Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post;
- Submit the applications online and pay fees online at: http://dichvucong.quangngai.gov.vn
2.3. Components and number of the dossier:
a) Components of the dossier:
- A written request for re-issuance of a work permit according to (Form No. 11/PLI Decree No. 152/2020/ND-CP on December 30, 2020).
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application;
+ In case the work permit is lost as prescribed in Clause 1, Article 12 of this Decree, it must be certified by the commune-level public security where the foreigner resides or competent authority of foreign rights as prescribed by law;
+ In case of a change of contents written on the work permit, there must be proof.
- Written approval of the need to employ foreign employees, except for cases where the need to employ foreign workers is not required.
- Papers specified in Clauses 3 and 4 of this Article are originals or certified copies, except for the cases specified in Clause 1, Article 12 of this Decree. If they are written by foreign language, they must be consular legalized and translated into Vietnamese language except for cases of exemption from consular legalization under international treaties to which the Socialist Republic of Vietnam and related foreign countries are contracting parties or on the principle of reciprocity or under the provisions of law.
2.4. Time limit for settlement: Within 02 working days from the date of receipt of complete and valid applications
2.5. Entities carrying out administrative procedures: Employers of foreign employees.
2.6. Agency carrying out administrative procedures:
- Competent authority to decide: Department of Labor - Invalids and Social Affairs
- Authority or person authorized or decentralized to perform (if any): Not available
- The agency directly handling administrative procedures: Department of Labor, Invalids and Social Affairs
- Coordinating agency to handle administrative procedures: Not available
2.7. Results of administrative procedures: Work permit is re-issued for foreign employees working in Vietnam.
2.8. Fees and charges: 450,000 VND/01 re-issued work permit
2.9. Application form and declaration:
A written request for re-issuance of a work permit (Form 11/PLI issued together with Decree No. 152/2020/ND-CP dated December 30, 2020).
2.10. Requirements and conditions for administrative procedures implementation: Foreign employees must fully meet the following conditions:
The work permit is lost, damaged, or the contents of the work permit are changed such as full name; date of birth; nationality; passport; Working place
2.11. Legal basis:
- Labor Code 2019 (from Article 151 to Article 157);
- Decree No. 152/2020/ND-CP on December 30, 2020 of the Government;
- Resolution No. 17/2021/NQ-HDND on July 21, 2021 of the Provincial People's Council stipulating the rate of collection, collection, payment and management of fees for Issuance, re-issuance of work permits for foreigners working at enterprises, agencies and organizations operating in Quang Ngai province.
* Attachments:
. Extension of work permits for foreign employees working in Vietnam
3.1. Order of execution
Step1:
The applicant submits the application for a work permit extension online via the Provincial Public Service Portal at: dichvucong.quangngai.gov.vn or directly at Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province.
Step2: The civil servant receives and checks the legality and content of the application:
- If the application is valid, the civil servant will write a receipt for the applicant and transfer the application to the Division of Labor, Employment and Vocational Education.
- If the application is not valid, the civil servant will guide the applicant to complete the application.
Step 3: The Department of Labor, Invalids and Social Affairs will extend the work permit. In case the work permit is not extended, the Department of Labor - Invalids and Social Affairs will give a letter stating the reason clearly.
Step 4: Delivering results at the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submitting receipt.
- Receiving results
- Time to receive and deliver results: From 07:00 to 11:30 in the mornings. And from 13:30 to 17:00 in the afternoon (except Saturday, Sunday, the National holidays and The Tet holidays)
After the foreign employee is extended work permit, the employer and the foreign employees must sign a written labor contract in accordance with Vietnamese labor law before the expected working date.
Within 05 working days, from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, Invalids and Social Affairs where the work permit has been extended.
3.2. Method of implementation: Employers must submit an application for Extension of work permit at:
- The Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submit the applications online and pay fees online at: http://dichvucong.quangngai.gov.vn
3.3. Components and number of the dossier:
a) Components of the dossier:
- A written request for extension of work permit according to (Form No. 11/PLI Decree No. 152/2020/ND-CP on December 30, 2020);
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application;
- The valid granted work permit;
- Written approval of the need to employ foreign employees, except for cases where the need to employ foreign workers is not required.
- A certified true copy of the valid passport as prescribed by law;
- A Health Certificate or Health Check Certificate issued by the foreign or Vietnamese authorized health organizations or agencies is take effect within 12 months from the date of signing the health conclusion to the date of submitting the applications or Health Certificate as prescribed by the Minister of Health;
- One of the documents proving that the foreign worker continues to work for the employer according to the content of the issued work permit, including:
+ For foreign employees moving within an enterprise, there must be a document of the foreign enterprise sending to work at the commercial presence of that foreign enterprise in the Vietnamese territory and documents proving that the foreign employees have been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months.
+ For foreign employees who have signed various types of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education and vocational education In the case of industry and healthcare, there must be a contract or agreement signed between the Vietnamese side and the foreign side, in which there must be an agreement on the foreign employees working in Vietnam.
+ For foreign employees who are service providers under a contract, there must be a service provision contract signed between the Vietnamese side and the foreign side and a document proving that the foreign employee has worked for a foreign enterprise without a commercial presence in Vietnam for at least 02 years.
+ For foreign employees offering services for sale, there must be a document from the service provider sending foreign employees into Vietnam to negotiate service provision.
+ For foreign employees working for foreign non-governmental organizations (NGOs) or international organizations in Vietnam that are permitted to operate under Vietnamese law, there must be a document documents of agencies or organizations sending foreign employees to work for foreign NGOs or international organizations in Vietnam except for the case of working under labor contracts and operating permits of foreign NGOs, international organizations in Vietnam in accordance with the law.
+ For foreign employees who are managers, CEO, experts or technical workers, there must be a document of the foreign enterprise, agency or organization sending the foreign employees to work in Vietnam and suitable for intended working position.
- Written approval of the need to employ foreign employees, except for cases where the need to employ foreign workers is not required.
- The papers specified at Points 3, 4, 6 and 7 as mentioned above are originals or certified copies. If the above mentioned documents, they must be consularly legalized, except for cases of exemption from the consular legalization as regulated in the international treaties to which the Socialist Republic of Vietnam and relevant foreign country are signatories or in the principle of reciprocity or as prescribed by law; translated into Vietnamese and certified in accordance with Vietnamese law.
3.4. Time limit for settlement: Within 05 working days from the date of receipt of complete and valid applications
3.5. Entities carrying out administrative procedures: Employers of foreign employees
3.6. Agencies carrying out administrative procedures:
- Competent authority to decide: Department of Labor - Invalids and Social Affairs
- Authority or person authorized or decentralized to perform (if any): Not available
- The agency directly handling administrative procedures: Department of Labor, Invalids and Social Affairs
- Coordinating agency to handle administrative procedures: Nil
3.7. Results of administrative procedures: Work permit is extended for foreign employees.
3.8. Fees and charges: 450,000 VND/01 extension of work permit
3.9. Application form and declaration:
A written request for extension of a work permit (Form 11/PLI issued together with Decree No. 152/2020/ND-CP on December 30, 2020).
3.10. Requirements and conditions for administrative procedures implementation: Foreign employees must fully meet the following conditions
- The work permit is valid for at least 5 days but not more than 45 days.
- Get approval from the competent authority for the need to employ foreign employees.
- Documents proving that the foreign employee continues to work for the employer according to the contents of the issued work permit.
3.11. Legal basis:
- Labor Code 2019 (from Article 151 to Article 157);
- Decree No. 152/2020/ND-CP on December 30, 2020 of the Government;
- Resolution No. 17/2021/NQ-HDND on July 21, 2021 of the Provincial People's Council stipulating the rate of collection, collection, payment and management of fees for Issuance, re-issuance of work permits for foreigners working at enterprises, agencies and organizations operating in Quang Ngai province.
* Attachments:
. Certifying foreign employees who are not granted work permits
4.1. Order of execution
Step1: The employer sends the application for confirmation that the foreign employees who are exempted from work permits to:
- Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city or by post
- Submitting the application that the foreign employees who are exempted from work permits via the Provincial Public Service Portal at: dichvucong.quangngai.gov.vn.
Step 2: The civil servant receives and checks the legality and content of the application:
- If the application is valid, the civil servant shall write a receipt for the applicant and transfer the application to the Division of Labor, Employment and Vocational Education.
- If the application is not valid, the civil servant shall guide the applicant to complete the application.
Step 3: The Department of Labor, Invalids and Social Affairs shall confirm that the foreign employees who are exempted from work permits according to Form No. 10/PLI Decree 152/2020/ND-CP, the Department of Labor - Invalids and Social Affairs will give a letter stating the reason clearly.
Step 4: Delivering results at the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submitting receipt.
- Receiving results
- Time to receive and deliver results: From 07:00 to 11:30 in the mornings. And from 13:30 to 17:00 in the afternoon (except Saturday, Sunday, the National holidays and The Tet holidays)
4.2. Method of implementation:
- Submit the application directly to the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submit the application online at: http://dichvucong.quangngai.gov.vn
4.3. Components and number of the dossier:
a) Components of the dossier:
- A written request for confirmation that the foreign employees who are exempted from work permits according to Form No. 09/PLI, Appendix I Attached to this Decree;
- Health certificate as prescribed in Clause 2, Article 9 of this Decree;
- Written approval of the need to employ foreign employees, except for cases where the need to employ foreign workers is not required.
- A certified true copy of the valid passport as prescribed by law;
- Documents to prove that the foreign employees who are exempted from work permits;
- Documents specified at points b, c and d of this clause are originals or certified copies. If such papers are issued abroad, they must be consular legalized, translated into Vietnamese and certified, except for cases of exemption from the consular legalization as regulated in the international treaties to which the Socialist Republic of Vietnam and relevant foreign country are signatories or in the principle of reciprocity or as prescribed by law.
- Within 02 working days from the date of receiving a complete application for confirmation that the foreign employees who are exempted from work permits, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs shall issue a written to confirm that the foreign employees who are exempted from work permits according to Form No. 10/PLI, Appendix I attached this Decree. In case of non-confirmation, there is a written reply clearly stating the reason.
b) Number of application: 01 set.
4.4. Time limit for settlement: Within 02 working days from the date of reveiving complete and valid applications
4.5. Entities carrying out administrative procedures: Employers of foreign employees
4.6. Agencies carrying out administrative procedures:
- Competent authority: Department of Labor - Invalids and Social Affairs
- Authority or person authorized or decentralized to perform (if any): Not available
- The agency directly handling administrative procedures: Department of Labor, Invalids and Social Affairs
- Coordinating agency to implement administrative procedures: Not available
4.7. Results of administrative procedures: A document to confirm that the foreign employees who are exempted from work permits.
4.8. Fee and charges: None
4.9. Application form and declaration: Written request for confirmation that foreign employees who are exempted from work permits (Form No. 09/PLI, Appendix I attached to the Decree No. 152/2020/ND-CP).
4.10. Requirements and conditions for administrative procedures implementation: Foreign employees who meet one of the following conditions are exempted from work permits
- Being a capital contributing member or owner of a limited company.
- Being a member of the Management Board of a joint-stock company.
- Head of representative offices and projects of international organizations and NGOs in Vietnam.
- Coming to Vietnam with a term of less than 3 months to offering services for sale
- Coming to Vietnam with a term of less than 3 months to handle arisen complicated technical and technological problems that affect or threaten to affect production and business that cannot be handled by Vietnamese and foreign experts in Vietnam.
- Being foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
- According to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.
- Being a student studying in Vietnam, working in Vietnam, but the employer must notify the provincial labor authority 07 days in advance.
- Moving within enterprises within 11 service industries in Vietnam's service commitment schedule with the World Trade Organization, including: business; information; construction; distribution; education; environment; finance; medical; travel; entertainment culture and transport.
- Entering Vietnam to provide professional and technical consulting services or perform other tasks for research, development, appraisal, monitoring and evaluation, program management and implementation, projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent authorities of Vietnam and foreign countries.
- To be granted a Permit Press Activities in Vietnam by the Ministry of Foreign Affairs according to the provisions of law;
- Teachers of foreign agencies and organizations who are sent to Vietnam by competent agencies of that country to teach at international schools under the management of foreign diplomatic missions or international organizations in Vietnam
- Volunteers;
- Persons with master's degree or higher or equivalent shall conduct consultancy, teaching and scientific research at higher education institutions, college-level vocational training institutions for a period not exceeding 30 days;
- Foreign employees entering Vietnam to comply with international agreements signed by central state agencies, provincial agencies and central socio-political organizations according to the provisions of law;
- Other cases decided by the Prime Minister at the request of central state agencies.
4.11. Legal basis:
- Labor Code 2019 (from Article 151 to Article 157);
- Decree No.152/2020/ND-CP dated December 30, 2020 of the Government on regulations on foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for working for foreign organizations and individuals in Vietnam.
* Attachments:
Procedures applying for permission and organizing international conferences and seminars under the authority of the Prime Minister
1. Order of execution:
Step 1: The organizing unit shall submit an application for permission and organizing international conference and seminar at the dossier - receiving and result - delivering section of the Department of Foreign Affairs in the Centre of Public Services - Administrative Procedure Control of Quang Ngai Province. The submission deadline is at least 40 days before the tentative organizing date.
Step 2: After receiving the eligible application, the Department of Foreign Affairs shall appraise and submit advisory for the Chairman of the Provincial People's Committee to send enquiry forms to the Ministry of Foreign Affairs, the Ministry of Public Security, the relevant agencies and local authorities. The Department of Foreign Affairs shall classify responses and submit to the Chairman of Provincial People's Committee after receiving complete written responses from the Ministry of Foreign Affairs, the Ministry of Public Security, the relevant agencies and local authorities.
The enquired agencies and local authorities shall send written responses within 15 days from the date on which the enquiry form is received;
Step 3: After receiving the advisory from Department of Foreign Affairs, the chairman of Quang Ngai Provincial People's Committee shall submit the application to the Prime Minister for approval.
Step 4: After obtaining permission from the Prime Minister, the chairman of Provincial People's Committee shall conduct the Department of Foreign Affairs for advising the written document responding to the organizing unit, as well as the Ministry of Foreign Affairs, the Ministry of Public Security, relevant agencies and local authorities.
2. Method of implementation: Submitting the application directly or via postal systems or via online public services at https://motcua.quangngai.gov.vn.
3. Recipient location: The Centre of Public Services – Administrative Procedure Control of Quang Ngai Province, Address: 54 Hung Vuong, Nguyen Nghiem Ward, Quang Ngai City
4. Components of the dossier:
(1) An application form;
(2) An organization plan, which is made using the Form No.01 hereof according to the Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
(3) Written opinions of concerned agencies if required by other regulations of law;
(4) A written consent on the guideline for organizing the international conference or seminar (if any).
5. Number of application: One (01) set.
6. Time limit for settlement:
- The total time of resolving and submitting documents for the Prime Minister of the relevant agencies and authorities of Quang Ngai province and the enquired agencies: Within 16 working days, of which:
+ The Ministry of Foreign Affairs, the Ministry of Public Security, the enquired agencies and local authorities: Within 15 days (11 working days);
+ The Provincial People's Committee: 02 working days;
+ The Department of Foreign Affairs: 03 working day
- After obtaining permission from the Prime Minister, sending written responses to the organizing unit within 7 working days:
+ The Provincial People's Committee: 04 working days
+ The Department of Foreign Affairs: 03 working days
7. Entities carrying out administrative procedures: The Vietnamese and foreign organizations
8. Agency carrying out administrative procedures:
- Advisory agency: The Quang Ngai Department of Foreign Affairs
- Competent agencies requesting the Prime Minister to permit the organization of international conference and seminar: The Quang Ngai Provincial People’s Committee
- Competent agencies for approval: The Prime Minister
9. Results of administrative procedures: Send written responses to the organizer regarding to organizing international conferences and seminars.
10. Fees and charges: None
11. Name of form and declaration form: An organization plan, which is made using the Form No. 01 hereof according to the Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam.
12. Requirements and conditions for administrative procedures: International conferences and seminars under permission of the Prime Minister mentioned at the Article 3.1, Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam, including:
+ The international conferences and seminars to be attended by heads or ministerial officials or the equivalent of higher of other countries, territories or international organizations.
+ The international conferences and seminars whose topics and contents are related to national sovereignty, security, national defense, ethnic groups, religion, human rights or classified as state secrets in accordance with the law on protection of state secrets.
13. Legal basis
- The Decision No. 06/2020/QD-TTg dated 21st February 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
- The Official Dispatch No.825/BNG-CNV dated 03 October 2020 of the Ministry of Foreign Affairs on correcting the Decision 06/2020/QĐ-TTg dated 21st February 2020 of the Prime Minister;
- The Decision No. 729/QĐ-BNG dated 04 October 2020 of the Ministry of Foreign Affairs on declaring administrative procedures organization and management of international conferences and seminars in Vietnam;
- The Decision No.541/QĐ-UBND dated 04 September 2021 of the Quang Ngai Provincial People’s Committee on authorizing the director of Department of Foreign Affairs to permit international conferences and seminars organization in Quang Ngai province.
* Attachments:
Applying for permission and organizing international conferences and seminars not under the authority of the Prime Minister
1. Order of execution:
Step 1: The organizing unit shall submit an application for permission and organizing international conferences and seminars at the dossier - receiving and result - delivering section of the Department of Foreign Affairs in the Centre of Public Services - Administrative Procedure Control of Quang Ngai Province. The submission deadline is at least 20 days before the tentative hosting date.
Step 2: After receiving the eligible application, the Department of Foreign Affairs shall appraise and send enquiry to relevant agencies and local authorities.
The enquired agencies and local authorities shall send written responses within 05 working days from the date on which the enquiry form is received.
Step 3: After receiving written responses from the enquired agencies and local authorities, the Department of Foreign Affairs shall collect opinions of concerned agencies and perform the following cases:
- Case 1: If the international conference and seminar is under the deciding competence of the chairman of the Provincial People’s Committee, the Department of Foreign Affairs shall advise and submit the application to the chairman of Provincial People's Committee for approval; and send written responses to the organizing unit, relevant agencies and local authorities.
- Case 1: If the international conference and seminar is under the authority of the director of the Department of Foreign Affairs, the director of the Department of Foreign Affairs shall consider, decide and send the written responses to the organizing unit, relevant agencies and local authorities.
2. Processing method: Submitting the application directly or via postal systems or via online public services at https://motcua.quangngai.gov.vn.
3. Recipient location: The Centre of Public Services – Administrative Procedure Control of Quang Ngai Province, Address: 54 Hung Vuong, Nguyen Nghiem Ward, Quang Ngai City
4. Components of the dossier:
(1) An application form;
(2) An organization plan, which is made using the Form No.01 hereof according to the Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
(3) Written opinions of concerned agencies if required by other regulations of law;
(4) A written consent on the guideline for organizing the international conference or seminar (if any).
5. Number of application: One (01) set.
6. Time limit for settlement: Within 10 working days, of which:
+ The Provincial People's Committee: 02 working days;
+ The Department of Foreign Affairs: 03 working day;
+ The enquired agencies and local authorities: 05 working days.
7. The entities carrying out administrative procedure: The Vietnamese and foreign organizations
8. Agencies carrying out administrative procedure:
- Advisory agency: The Quang Ngai Department of Foreign Affairs.
- Competent agencies for approval: The chairman of the Provincial People’s Committee, the Department of Foreign Affairs.
9. Results of administrative procedures: Send written responses to the organizer regarding to organizing international conference and seminar.
10. Fees and charges: None
11. Application form and declaration: An organization plan, which is made using the Form No. 01 hereof according to the Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam.
12. Requirements and conditions for administrative procedures: International conferences and seminars are not under the authority of the Prime Minister mentioned at the Article 3.1, Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam, including:
+ The international conferences and seminars to be attended by heads or ministerial officials or the equivalent of higher of other countries, territories or international organizations.
+ The international conferences and seminars whose topics and contents are related to national sovereignty, security, national defense, ethnic groups, religion, human rights or classified as state secrets in accordance with the law on protection of state secrets.
13. Legal basis
- The Decision No. 06/2020/QD-TTg dated 21st February 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
- The Official Dispatch No.825/BNG-CNV dated 03 October 2020 of the Ministry of Foreign Affairs on correcting the Decision 06/2020/QĐ-TTg dated 21st February 2020 of the Prime Minister;
- The Decision No. 729/QĐ-BNG dated 04 October 2020 of the Ministry of Foreign Affairs on declaring administrative procedures organization and management of international conferences and seminars in Vietnam;
- The Decision No.541/QĐ-UBND dated 04 September 2021 of the Quang Ngai Provincial People’s Committee on authorizing the director of Department of Foreign Affairs to permit international conferences and seminars organization in Quang Ngai province.
* Attachments:
Applying for permission and organizing international conferences and seminars under the authority of the Prime Minister
1. Order of execution:
Step 1: The organizing unit shall apply for permission and organizing international conference and seminar at the dossier - receiving and result - delivering section of the Department of Foreign Affairs in the Centre of Public Services - Administrative Procedure Control of Quang Ngai Province.
Step 2: After receiving the eligible application, the Department of Foreign Affairs shall appraise the documents and submit advisory for the Chairman of the Provincial People's Committee to send enquiry forms to the Ministry of Foreign Affairs, the Ministry of Public Security, the relevant agencies and local authorities. The Department of Foreign Affairs shall classify opinions and submit the application to the Chairman of Provincial People's Committee after receiving written responses from the Ministry of Foreign Affairs, the Ministry of Public Security, the relevant agencies and local authorities.
The enquired agencies and local authorities shall send written responses within 15 working days from the date on which the enquiry form is received;
Step 3: After receiving the advisory documents from Department of Foreign Affairs, the chairman of Quang Ngai Provincial People's Committee shall submit the application to the Prime Minister for approval.
Step 4: After obtaining permission from the Prime Minister, the Provincial People's Committee shall send written document responding to the organizing unit, as well as the Ministry of Foreign Affairs, the Ministry of Public Security, relevant agencies and local authorities.
2. Processing method: Submitting the application directly or via postal systems or via online public services at https://motcua.quangngai.gov.vn.
3. Recipient location: The Centre of Public Services – Administrative Procedure Control of Quang Ngai Province, Address: 54 Hung Vuong, Nguyen Nghiem Ward, Quang Ngai City
4. Components of the dossier:
The written request clearly states the reasons, purposes, topics, expected participants and funding sources.
5. Number of application: One (01) set.
6. Time limit for settlement:
- The total time of resolving and submitting documents for the Prime Minister of the relevant agencies and authorities of Quang Ngai province and the enquired agencies: Within 16 working days, of which:
+ The Ministry of Foreign Affairs, the Ministry of Public Security, the enquired agencies and local authorities: Within 15 days (11 working days);
+ The Provincial People's Committee: 02 working days;
+ The Department of Foreign Affairs: 03 working day
- After obtaining permission from the Prime Minister, sending written responses to the organizing unit within 07 working days:
+ The Provincial People's Committee: 04 working days
+ The Department of Foreign Affairs: 03 working days
7. Entities carrying out administrative procedure: The Vietnamese organizations and foreign organizations
8. Agencies carrying out administrative procedure:
- Advisory agency: The Quang Ngai Department of Foreign Affairs
- Competent agency requesting the Prime Minister for approval: The Quang Ngai Provincial People’s Committee
- Competent agency for approval: The Prime Minister
9. Results of administrative procedures: Send written responses to the organizer regarding to organizing international conference and seminar.
10. Fees and charges: None
11. Application form and declaration: None
12. Requirements and conditions for administrative procedures: International conferences and seminars under permission of the Prime Minister mentioned at the Article 3.1, Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam, including:
+ The international conferences and seminars to be attended by heads or ministerial officials or the equivalent of higher of other countries, territories or international organizations.
+ The international conferences and seminars whose topics and contents are related to national sovereignty, security, national defense, ethnic groups, religion, human rights or classified as state secrets in accordance with the law on protection of state secrets.
13. Legal basis
- The Decision No. 06/2020/QD-TTg dated 21st February 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
- The Official Dispatch No.825/BNG-CNV dated 03 October 2020 of the Ministry of Foreign Affairs on correcting the Decision 06/2020/QĐ-TTg dated 21st February 2020 of the Prime Minister;
- The Decision No. 729/QĐ-BNG dated 04 October 2020 of the Ministry of Foreign Affairs on declaring administrative procedures organization and management of international conferences and seminars in Vietnam;
- The Decision No.23/2016/QĐ-UBND dated 23 May 2016 of the Quang Ngai Provincial People’s Committee promulgating regulations on functions, tasks, powers and organizational structure of the Department of Foreign Affairs of Quang Ngai province;
- The Decision No.541/QĐ-UBND dated 04 September 2021 of the Quang Ngai Provincial People’s Committee on authorizing the director of Department of Foreign Affairs to permit to organize international conferences and seminars in Quang Ngai province.
* Note:
- The application for permission and organizing international conferences and seminars depends on the needs of the organizer unit, not a mandatory process that needs to be done before applying for permission to organize international conferences and seminars.
- After receiving permission on the guideline for organizing international conferences and seminars, the organizing unit is responsible for developing an organization plan and applying for permission from the competent person on the organization of the international conference or seminar international regulations.
Applying for permission and organizing international conferences and seminars not under the authority of the Prime Minister
1. Order of execution:
Step 1: The organizing unit shall apply permission and organizing international conferences and seminars at the dossier - receiving and result - delivering section of the Department of Foreign Affairs in the Centre of Public Services - Administrative Procedure Control of Quang Ngai Province.
Step 2: After receiving the eligible application, the Department of Foreign Affairs shall appraise the documents and send enquiry forms to relevant agencies and local authorities.
The enquired agencies and local authorities shall send written responses within 05 working days from the date on which the enquiry form is received;
Step 3: After receiving written responses from enquired agencies and local authorities, the Department of Foreign Affairs shall summarize opinions of concerned agencies and perform the following cases:
- Case 1: If the international conference and seminar is under the authority of the chairman of the Provincial People’s Committee, the Department of Foreign Affairs shall advise and submit the application to the chairman of Provincial People's Committee for approval for the guideline; and send written responses to the organizing unit, relevant agencies and local authorities.
- Case 2: If the international conference and seminar is under the authority of the director of Department of Foreign Affairs, the director of the Department of Foreign Affairs shall consider for approval for the guideline and send the written responses to the organizing unit as well as the relevant agencies and local authorities.
2. Method of implementation: Submitting the application directly or via postal systems or via online public services at https://motcua.quangngai.gov.vn.
3. Recipient location: The Centre of Public Services – Administrative Procedure Control of Quang Ngai Province, Address: 54 Hung Vuong, Nguyen Nghiem Ward, Quang Ngai City
4. Components of the dossier: The written request clearly states the reasons, purposes, topics, expected participants and funding sources.
5. Number of application: One (01) set.
6. Time limit for settlement: Within 10 working days, of which:
+ The Provincial People's Committee: 02 working days;
+ The Department of Foreign Affairs: 03 working day;
+ The enquired agencies and local authorities: 05 working days
7. Entities carrying out administrative procedure: The Vietnamese and foreign organizations
8. Agencies carrying out administrative procedure:
- Advisory agency: The Quang Ngai Department of Foreign Affairs
- Competent agency for approval: The Quang Ngai Provincial People’s Committee, the Department of Foreign Affairs.
9. Results of administrative procedures: Send written responses to the organizer regarding to organizing international conferences and seminars.
10. Fees and charges: None
11. Application form and declaration: None
12. Requirements and conditions for administrative procedures: International conferences and seminars are not under the authority of the Prime Minister mentioned at the Article 3.1, Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam, including:
+ The international conferences and seminars to be attended by heads or ministerial officials or the equivalent of higher of other countries, territories or international organizations.
+ The international conferences and seminars whose topics and contents are related to national sovereignty, security, national defense, ethnic groups, religion, human rights or classified as state secrets in accordance with the law on protection of state secrets.
13. Legal basis
- The Decision No. 06/2020/QD-TTg dated 21 February 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
- The Official Dispatch No.825/BNG-CNV dated 03 October 2020 of the Ministry of Foreign Affairs on correcting the Decision 06/2020/QĐ-TTg dated 21st February 2020 of the Prime Minister;
- The Decision No. 729/QĐ-BNG dated 04 October 2020 of the Ministry of Foreign Affairs on declaring administrative procedures organization and management of international conferences and seminars in Vietnam;
- The Decision No.541/QĐ-UBND dated 04 September 2021 of the Quang Ngai Provincial People’s Committee on authorizing the director of Department of Foreign Affairs to permit to host international conferences and seminars in Quang Ngai province.
* Note:
- The application for permission and organizing international conferences and seminars depends on the needs of the organizing unit, not a mandatory process that needs to be done before applying for permission to organize international conferences and seminars.
- After receiving permission on the guideline for organizing international conferences and seminars, the organizing unit is responsible for developing an organization plan and applying for permission from the competent person on the organization of the international conference or seminar international regulations.
. Procedures for registration of operations of foreign law branches or firms
Order of execution:
Within 60 days after being granted establishment license, a foreign law branch or firm shall register its operations at the Department of Justice of the locality where its head office is located.
Within 10 working days after receiving a complete and valid dossier, the Department of Justice shall grant an operation registration certificate to the foreign law branch or firm.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- A copy of the establishment license of foreign law branch or firm;
- Proof of head office address.
Quantity of dossier: 01 set.
Time limit for settlement: Within ten working days from the date of receiving the complete and valid dossier, the Department of Justice will grant an operation registration certificate to the foreign law branch or firm.
Entities carrying out the administrative procedure: Organizations.
Agency carrying out the administrative procedure: Department of Justice.
Results of the administrative procedure: Operation registration certificate of the foreign law branch or firm in Vietnam.
Fees and charges: 2,000,000 VND/dossier.
Application and declaration forms: Nil
Requirements and conditions for the administrative procedure: Nil
Legal basis for the administrative procedure:
- Law on Lawyers No. 65/2006/QH11 dated June 29, 2006; Law on amending and supplementing a number of articles of Law on Lawyers No. 20/2012/QH13 dated November 20, 2012.
- Circular No. 220/2016/TT-BTC dated November 10, 2016 by the Minister of Finance providing guidance on the rate, collection, submission, administration and use of the charges and fees for the practice of law.
Procedures for change of contents of operation registration certificates of foreign law branches or firms
Order of execution:
Within 30 days from the date of receipt of written approval of changing in contents of the establishment license, a foreign law branch or firm shall register such changes at the provincial-level Department of Justice of the locality where its head office is located.
Within five working days from the date of receiving a complete and valid dossier, the Department of Justice shall register the changed contents of the operation registration certificate by re-granting a new operation registration certificate to the foreign law branch or firm.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for changing the operation registration certificate of foreign law branch or firm;
- A copy of the establishment license of foreign law branch or firm;
- Written approval for changes in contents of establishment license from the Ministry of Justice.
Quantity of dossier: 01 set.
Time limit for settlement:
Within 05 working days from the date of receiving the complete and valid dossier, the Department of Justice shall change contents of operation registration certificate by re-granting a new operation registration certificate to foreign law branch or firm.
Entities carrying out the administrative procedure: Organizations.
Agency carrying out the administrative procedure: Department of Justice.
Results of the administrative procedure: Operation registration certificate of a foreign law branch or firm in Vietnam (changed contents)
Fees and charges: 1,000,000 VND/dossier.
Application and declaration forms: Nil
Requirements and conditions for the administrative procedure: None.
Legal bases for the administrative procedure:
Law on Lawyers No. 65/2006/QH11 dated June 29, 2006; Law amending and supplementing a number of articles of Law on Lawyers No. 20/2012/QH13 dated November 20, 2012.
Decree No. 123/2013/ND-CP dated 14 October 2013 by the Government detailing a number of articles and measures for enforcement of the Law on Lawyers;
Circular No. 220/2016/TT-BTC dated November 10, 2016 of the Minister of Finance stipulating the rate, collection, payment and management of fees and charges in the field of lawyer activities.
. Procedures for registration of operation of Vietnamese law firms transformed from foreign law firms
Order of execution:
Within 15 days after obtaining the written approval of the Ministry of Justice, the Vietnamese law firm shall carry out procedures for registering the transformation at the Department of Justice of the province or central city where the foreign law firm register for operation.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for transformation;
- Written approval of the Ministry of Justice;
- Draft charter of the Vietnamese law firm.
Quantity of dossier: 01 set.
Time limit for settlement:
07 working days from the date of receipt of a complete and valid dossier.
Entities carrying out the administrative procedure: Foreign law firms to be transformed.
Agency carrying out the administrative procedure: Department of Justice.
Results of the administrative procedure: Operation registration certificate of the transformed Vietnamese law firm.
Fees and charges: 50,000 VND.
Application and declaration forms: None
Requirements and conditions for the administrative procedure:
Names of Vietnamese law firms shall comply with Clause 5, Article 34 of the Law on Lawyers and must not match with names of transformed foreign law firms.
Legal bases for the administrative procedure:
- Decree No. 123/2013/ND-CP dated 14 October 2013 by the Government detailing a number of articles of and measures for implementation of the Law on Lawyers;
- Circular No. 220/2016/TT-BTC dated November 10, 2016 of the Minister of Finance stipulating the rate, collection, payment and management of fees and charges in the field of lawyer activities.
- Circular No. 47/2019/TT-BTC dated August 5, 2019 by the Minister of Finance stipulating on amounts, collection, payment, management, and use of fees for providing information about enterprises, charges for business registration.
. Procedures for registration of operation of branches of foreign law firms in Vietnam
Order of execution:
A foreign law firm shall submit an application for registration of operation for its branch at the Department of Justice of province/city where its branch is located.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for registration of operation of a branch of a foreign law firm.
- A copy of the establishment license of the branch of the foreign law firm in Vietnam;
- Papers proving the head office of the branch of the foreign law firm in Vietnam.
Quantity of dossiers: 01 set.
Time limit for settlement: Within 07 working days from the date of receipt of a complete and valid dossier.
Entities carrying out the administrative procedure: Foreign law firms in Vietnam
Agency carrying out the administrative procedure: Department of Justice.
Results of the administrative procedure: Operation registration certificate for a branch of a foreign law firm in Vietnam.
Fees and charges: 600,000 VND/dossier
Application and declaration forms: Form TP-LS-17 issued together with Circular No. 02/2015/TT-BTP dated January 16, 2015 by the Ministry of Justice on forms related to lawyers and law practice.
Requirements and conditions for the procedure: Nil
Legal basis for the administrative procedure:
- Decree No. 123/2013/ND-CP dated 14 October 2013 by the Government detailing a number of articles and measures for implementation of the Law on Lawyers;
- Circular No. 02/2015/TT-BTP dated January 16, 2015 by the Ministry of Justice on forms related to lawyers and law practice.
- Circular No. 220/2016/TT-BTC dated November 10, 2016 of the Minister of Finance stipulating the rate, collection, payment and management of fees and charges in the field of lawyer activities.
* Attachments:
Procedures for re-issue of operation registration certificates of foreign law branches or firms in Vietnam
Order of execution:
- In case the operation registration certificate of a foreign law branch or firm is lost, torn, burned or other reasons unintentionally, such foreign law branch or firm shall submit an application for re-granting the operation registration certificate to the Department of Justice where its head office is located.
- Within ten working days from the date of receipt of a complete and valid dossiers, the Department of Justice shall re-grant the operation registration certificate to the foreign law branch or firm.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for re-granting the operation registration certificate of the foreign law branch or firm, clearly stating the reason and number of the operation registration certificate;
- Documents as prescribed in Article 79 of the Law on Lawyers.
Quantity of dossiers: 01 set.
Time limit for settlement: Within ten working days from the date of receipt of a complete and valid dossier.
Agency carrying out the administrative procedure: Department of Justice.
Entities carrying out the administrative procedure: Organizations.
Application and declaration forms: Nil
Fees and charges: 2,000,000 VND/dossier.
Results of the administrative procedure: Operation registration certificate of the foreign law branch or firm.
Requirements and conditions for the administrative procedure: None.
Legal basis for the administrative procedure:
- Law on Lawyers No. 65/2006/QH11 dated June 29, 2006; Law amending and supplementing a number of articles of Law on Lawyers No. 20/2012/QH13 dated November 20, 2012.
- Circular No. 17/2011/TT-BTP dated October 14, 2011 by the Ministry of Justice guiding the Law on lawyers and the Decree detailing and guiding a number of articles of the Law on lawyers, and the Decree guiding the Law on lawyers regarding lawyers’ socio-professional organizations.
- Circular No. 220/2016/TT-BTC dated November 10, 2016 by the Minister of Finance stipulating the rate, collection, payment and management of fees and charges in the field of lawyer activities.
* Attachments:
Change operation registration certificates of foreign arbitration centers, of branches of foreign arbitration institutions in Vietnam
Order of execution:
A foreign arbitration center or a branch of a foreign arbitration institution in Vietnam shall complete the required dossier and submit it to the Department of Justice of the locality where it is located.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for changing contents of the operation registration certificate of the foreign arbitration center/branch of the foreign arbitration institution in Vietnam (Form No. 10/TP-TTTM);
- The original copy of the operation registration certificate of the foreign arbitration center, branch of the foreign arbitration institution in Vietnam;
- A certified copy of the establishment license of the foreign arbitration center; if a copy is submitted, the original shall be enclosed for comparison purposes; A certified copy of establishment license of the branch of a foreign arbitration center in Vietnam; if a copy is submitted, the original should be enclosed for comparison purposes;
Quantity of dossier: 01 set.
Time limit for settlement: Within 15 working days.
Agency carrying out the administrative procedure: The Department of Justice.
Entities carrying out the administrative procedure: Arbitration centers; branches of foreign arbitration institutions in Vietnam
Application and declaration forms: Application for changing in contents of the operation registration certificate of an arbitration center/branch of a foreign arbitration institution in Vietnam (Form No. 10/TP-TTTM);
Fees and charges:
Results of the administrative procedure: Record the changes in the operation registration certificate of the arbitration center, the operation registration certificate of the branch of the foreign arbitration institution in Vietnam.
Requirements and conditions for the administrative procedure: None.
Legal bases of the administrative procedure:
- Law on Commercial Arbitration 2010 No. 54/2010/QH12 by the 12th National Assembly;
- Decree No. 63/2011/ND-CP dated July 28, 2011 by the Government providing detailed regulations and guidelines for implementation of the law on commercial arbitration.
- Decree No. 124/2018/ND-CP dated September 19, 2018 by the Government amending and supplementing a number of articles of the Government's Decree No. 63/2011/ND-CP dated July 28, 2011 providing detailed regulations and guidelines for implementation of the law on commercial arbitration;
- Circular No. 12/2012/TT-BTP dated November 7, 2012 by the Ministry of Justice promulgating a number of forms on the organization and operation of commercial arbitration.
- Circular No. 222/2016/TT-BTC dated November 10, 2016 by the Ministry of Finance stipulating the collection levels, regime of collection, remittance, management of fees in the field of commercial arbitration operation.
* Attachments:
Registration of operation of a branch of a foreign arbitration institution in Vietnam after granted the establishment license by the Ministry of Justice; of a foreign arbitration institution in Vietnam in the case of relocation of its head office to another province/city
Method of implementation: The dossier can be submitted in person or sent by postal services.
Dossier components:
- Application for registration of operation of a branch of an arbitration center/branch of a foreign arbitration institution in Vietnam (Form No. 05/TP-TTTM);
- A certified true copy of the branch establishment license; if a copy is submitted, the original must be enclosed for the comparison purpose;
Quantity of dossier: 01 set.
Processing time : Within 10 working days from the date of receiving complete and valid dossiers.
Agency carrying out the administrative procedure: Department of Justice where the branch is located.
Entities carrying out the administrative procedure: Branches of foreign arbitration institutions in Vietnam.
Application and declaration forms: Application for registration of operation of a branch of an arbitration center/a foreign arbitration institution in Vietnam (Form No. 05/TP-TTTM).
Fees and charges: 5,000,000 VND (Five million VND).
Results of the administrative procedure: The operation registration certificate issued to the branch of the foreign arbitration institution in Vietnam.
Requirements and conditions for the administrative procedure: None.
Legal bases of the administrative procedure:
- Law on Commercial Arbitration 2010 No. 54/2010/QH12 by the 12th National Assembly;
- Decree No. 63/2011/ND-CP dated July 28, 2011 by the Government providing detailed regulations and guidelines for implementation of the law on commercial arbitration.
- Decree No. 124/2018/ND-CP dated September 19, 2018 by the Government amending and supplementing a number of articles of the Government's Decree No. 63/2011/ND-CP dated July 28, 2011 providing detailed regulations and guidelines for implementation of the law on commercial arbitration;
- Circular No. 12/2012/TT-BTP dated November 7, 2012 by the Ministry of Justice promulgating a number of forms on the organization and operation of commercial arbitration.
- Circular No. 222/2016/TT-BTC dated November 10, 2016 by the Ministry of Finance stipulating the collection levels, regime of collection, remittance, management of fees in the field of commercial arbitration operation.
* Attachments:
Re-issue of operation registration certificates of arbitration centers, branches of arbitration centers, branches of foreign arbitration institutions in Vietnam:
- If the operation registration certificate of a foreign arbitration center or its branch, or of the branch of a foreign arbitration institution in Vietnam is lost, torn, damaged, burnt or destroyed, then an application file may be sent to the Department of Justice which issued such certificate requesting that it be re-issued.
- The Department of Justice where the operation registration certificate has been granted shall consider re-granting it within 5 working days from the date of receipt of an application for re-issue.
Method of implementation: The dossier can be submitted in person or via postal services.
Dossier components:
- Application for re-issue of the operation registration certificate of foreign arbitration center/branch of a foreign arbitration center/branch of a foreign arbitration institution in Vietnam (Form No. 12/TP-TTTM);
- Document confirming loss of such certificate provided by the commune level Public Security of the locality where it was lost (in case of loss).
Quantity of dossiers: 01 set.
Time limit for settlement: Within 15 days from the date of receipt of a valid and complete dossier
Agency carrying out the administrative procedure: Department of Justice.
Entities carrying out the administrative procedure: Arbitration centers, branches of arbitration centers; branches of foreign arbitration institutions in Vietnam.
Application and declaration forms: Application for re-grant of operation registration certificate of arbitration center/branch of an arbitration center/branch of a foreign arbitration institution in Vietnam (Form No. 12/TP-TTTM);
Fees and charges:
- Operation registration certificate of the arbitration center: 1,500,000 VND (One million five hundred thousand Vietnam dongs).
- Operation registration certificate of the branch of the arbitration center: 1,000,000 VND (One million dong).
- Operation registration certificate of the branch of the foreign arbitration institution in Vietnam: 5,000,000 VND (five million dong).
Results of the administrative procedure: Operation registration certificate of an arbitration center/branch of an arbitration center/branch of a foreign arbitration institution in Vietnam
Requirements and conditions for the administrative procedure: Nil
Legal basis for the administrative procedure:
- Law on Commercial Arbitration 2010 No. 54/2010/QH12 by the 12th National Assembly;
- Decree No. 63/2011/ND-CP dated July 28, 2011 by the Government providing detailed regulations and guidelines for implementation of the law on commercial arbitration.
- Circular No. 12/2012/TT-BTP dated November 7, 2012 by the Ministry of Justice promulgating a number of forms on the organization and operation of commercial arbitration.
- Circular No. 222/2016/TT-BTC dated November 10, 2016 by the Ministry of Finance stipulating the collection levels, regime of collection, remittance, management of fees in the field of commercial arbitration operation.
* Attachments:
Procedures for granting criminal record certificates to Vietnamese citizens and foreigners currently residing in Vietnam
- Order of execution:
+ Submitting dossiers at the Department of Justice:
A Vietnamese citizen shall submit the application dossier for granting criminal record certificate to the Department of Justice in the permanent place of residence; or temporary place of residence in case there is no permanent residence. In case of residence abroad, the dossier shall be submitted at the place of residence before leaving the country
Foreigners residing in Vietnam shall submit their dossiers to the Department of Justice where they reside.
+ Get results at the place of application.
- Method of implementation: Submit the application at the Department of Justice.
- Dossier components:
+ An application for granting criminal record certificate according to the prescribed form (Form No. 03/2013/TT-LLTP; Form No. 04/2013/TT-LLTP).
+ A scan of the identity card or citizen identity card or passport of the applicant for criminal record certificate (If a scan is submitted, the original shall be presented for comparison; or a certified copy as prescribed by law if without the original).
+ Power of attorney in case the applicant will authorize a third party to carry out his application dossier for Criminal Record Certificate No. 1 on his behalf (in case the authorized person is a parent, spouse and child of the applicant for criminal record certificate, no authorization documents are required). The letter of authorization must be notarized or authenticated according to the provisions of Vietnamese law.
Individuals who request the issuance of Criminal Record Certificate No. 2 may not authorize other persons to carry out procedures for issuance of such Certificate.
In addition, the applicants for Criminal record certificate who are exempt or reduced fees and charges must present documents to prove it.
- Number of dossiers: 01 set.
- Time limit for settlement:
+ Within 10 days from the date of receipt of a complete and valid dossier.
+ In cases, the applicant for criminal record certificate is (1) a Vietnamese citizen residing in many places or abroad, (20 a foreigner, (3) subjected to verification of default conditions for removing previous criminal convictions, the time limit for settlement shall not exceed 15 days.
- Agency directly handling the administrative procedure: the Department of Justice.
- Coordinating agencies:
+ Public Security agency: Within 7 working days after receiving the request for judicial record verification, the provincial-level Police Department shall search for information on the previous criminal conviction status of the applicant and send the results to the provincial Department of Justice. In case search for information have to be conducted in the file and record system of the Ministry of Public Security, that time limit must not exceed 9 working days.
+ Court agency: In case judicial record information on previous criminal convictions searched at a court is insufficient to serve as a ground for making a conclusion or the previous criminal conviction status of an applicant remains unclear or contains insufficient details for confirming whether or not the applicant has a previous criminal conviction.
In case, after looking up judicial record information at the police office, there are still not enough grounds to conclude or the content of the criminal record status of the involved party has unclear and incomplete points enough to confirm that the litigant has a criminal record or has no criminal record.
+ Competent agencies of the Ministry of National Defense: In case of granting a criminal record certificate to a person who once was an officer, noncommissioned officer, solider or professional army man, or national defense worker.
+ The National Centre for Criminal Record: In cases the applicant is a Vietnamese citizen residing in many provinces and cities directly under the central government or abroad; a foreigner residing in Vietnam since 01 July 2010.
+ The commune-level People's Committee, agencies, organizations; relevant procedure-conducting agencies: cases of verification of the condition on automatic remission of the previous criminal conviction.
- Entities carrying out the administrative procedure: Individuals.
- Application and declaration forms:
+ An application for granting criminal record certificate according to the prescribed form (Form No. 03/2013/TT-LLTP);
+ An application for granting criminal record certificate (For individuals in case of authorization to request issuance of criminal record certificates number 1 and individuals who are parents of juveniles requesting issuance of criminal record certificates number 2) (Form No. 04/2013/TT-LLTP).
- Fees and charges:
+ Fee for issuance of criminal record certificates: VND 200,000/time/person.
+ Fee for issuance of criminal record certificates for pupils, students, individuals contributed to the revolution or martyrs’ relatives: VND 100,000/time/person
The following cases are exempt from fees for application for issuance of criminal record certificate: Children as defined in the Law on Child Protection, Care and Education; elderly people according to the provisions of the Elderly Law; people with disabilities under the Law on People with disabilities; people belonging to poor families according to the Decision No. 59/2015/QD-TTg dated 19/11/2015 promulgating the multi-dimensional approach poverty lines applicable to the 2016-2020 period; residents of extremely difficult communes, ethnic minorities in communes with exceptionally difficult socio-economic conditions, border communes or communes in safety zones as prescribed by law.
In case the person who is issued with the criminal record card requests to issue more than 2 copies at a time, from the 3rd copy onwards, the additional cost is VND 5,000/copy (to cover necessary expenses for printing the form of the criminal record certificate)
- Results of administrative procedures: Criminal record certificate No. 1, Criminal record certificates No. 2.
- Requirements for administrative procedures (if any): No.
- Legal bases for administrative procedures :
+ Law on Criminal Records No. 28/2009/QH12.
+ Law on entry into, exit from, transit through, and residence of foreigners in Vietnam No. 51/2019/QH14.
+ Law on Citizenship Identification 2014.
+ Law on Residence No. 68/2020/QH14 dated 13/11/2020.
+ Decree No. 111/2010/ND-CP dated November 23, 2010 by the Government detailing and guiding the implementation of a number of articles of the Law on Criminal Records.
+ Circular No. 13/2011/TT-BTP dated June 27, 2011 by the Ministry of Justice on promulgating and guiding the use of forms and books of criminal records.
+ Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP dated May 10, 2012, by the Ministry of Justice, Supreme People's Court, Supreme People's Procuracy, Ministry of Public Security, Ministry of National Defense, guide the order and procedures for searching, verifying, exchanging and providing criminal record information.
+ Circular No.16/2013/TT-BTP dated November 11, 2013 by the Ministry of Justice amending and supplementing several articles of Circular No. 13/2011/TT-BTP dated June 27, 2011 promulgating and guiding the use of forms and books of criminal records.
+ Circular No. 244/2016/TT-BTC dated November 11, 2016 by the Ministry of Finance stipulating the collection rate, mode of collection, payment, management and use of fees and charges for providing criminal record information.
* Attachments:
Procedures for certification of Vietnamese origin
Order of execution:
- When a person wishes to apply for certification of Vietnamese origin, he/she shall submit the application in person or via postal service to the overseas Vietnamese representative missions (If he/she is in a country without Vietnamese representative mission, he shall submit dossiers to and receive replies from Vietnamese representative missions which are convenient to him/her) or to the State Committee for Overseas Vietnamese Affairs, the Ministry of Foreign Affairs; or the provincial-level Justice Department of the locality where he/she resides.
Within 5 working days from the date of receipt of complete application for certification of Vietnamese origin, the dossier-receiving agency shall consider and check the relevant documents presented by the applicant and the database related to nationality (if any), if considering that there are sufficient grounds to confirm that the applicant is a person of Vietnamese origin, then shall issue a written certification of the applicant's Vietnamese origin according to the set form.
If there are not sufficient grounds to confirm that the applicant has Vietnamese origin, the application-receiving agency shall notify in writing the applicant thereof.
Method of implementation:
The dossier can be submitted in person or sent via postal service to the overseas Vietnamese representative missions (if currently residing abroad) or the State Committee for Overseas Vietnamese Affairs, the Ministry of Foreign Affairs; or the provincial Justice Department (if residing in the country).
Dossier components:
- Application for certification of Vietnamese origin according to the set form; two 4x6 photos.
- Copies of ID, passport or valid substitute papers;
- Copies, attaching the original for comparison or certified true copies of documents proving that a person who used to have Vietnamese nationality which had been determined at the time of his/her birth on the consanguinity principle or his/her father or mother, paternal grandfather or grandmother, maternal grandfather or grandmother is a person who used to have Vietnamese nationality on the consanguinity principle.
- Other papers for reference, including:
+ Papers on personal identity, civil status and nationality granted before 30 April 1975 by the former (copies enclosed with the originals for comparison or certified copies);
+ A guarantee issued by an overseas Vietnamese Association from the country of the applicant’s residence, certifying the applicant as Vietnamese origin;
+ A guarantee from a Vietnamese citizen, certifying the applicant as Vietnamese origin;
+ Papers issued by foreign competent authorities, indicating the applicant’s Vietnamese nationality or Vietnamese origin (copies enclosed with the originals for comparison or certified copies);
+ Papers issued by competent foreign agencies in which Vietnamese nationality or original Vietnamese nationality is written (a copy enclosed with the original for comparison or a certified copy).
Quantity of dossier: 01 set
Time limit for settlement: Within 5 working days from the date of receiving the complete and valid dossier.
Entities carrying out the administrative procedure: Individuals
Agency carrying out the administrative procedure:
- At the central level: overseas Vietnamese representative missions; the State Committee for Overseas Vietnamese Affairs, the Ministry of Foreign Affairs;
- At the provincial level: the Department of Justice.
Results of the administrative procedure: Certificate of Vietnamese origin.
Fees and charges:
- If applying at an overseas Vietnamese representative mission: No fee
- If applying at the State Committee for Overseas Vietnamese Affairs, the Ministry of Foreign Affairs or the Department of Justice: 100,000 VND.
Exemption of fees for migrants from Laos who are allowed to reside and apply for certification of Vietnamese origin in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party; overseas Vietnamese living in neighboring countries sharing the border with Vietnam with difficult economic circumstances, certified by the People's Committee of the commune.
Application and declaration forms: Application for certificate of Vietnamese origin (Form TP/QT-2013-TKXNCQTVN).
Requirements and conditions for the administrative procedure: None
Legal bases for the aadministrative procedure:
- Law on Vietnamese Nationality 2008.
- Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government on detailing and guiding a number of articles of the Law on Vietnamese Nationality 2008.
- Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010 by the Ministries of Justice, Foreign Affairs and Public Security on guiding the implementation of Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government.
- Joint Circular No. 05/2013/TTLT/BTP-BNG-BCA dated January 31, 2013 the Ministries of Justice, Foreign Affairs and Public Security on amending and supplementing Article 13 of Joint Circular No. 05/2010 /TTLT/BTP-BNG-BCA dated March 1, 2010 by the Ministries of Justice, Foreign Affairs and Public Security on guiding the implementation of Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government .
- Circular No. 281/2016/TT-BTC dated November 14, 2016 by the Ministry of Finance on regulating rates and regimes for collection, payment, administration and use of fees for exploitation and use of information from the database on civil status, fees for confirmation of Vietnamese nationality, certification of Vietnamese origin, fees for nationality.
* Attachments:
Procedures for naturalization in Vietnam
Order of execution:
- Foreigners and stateless persons permanently residing in Vietnam submit dossiers of application for naturalization of Vietnam at the Department of Justice where they reside.
- The dossier-receiving agency is responsible for checking the entire dossier file. In case the dossier is incomplete or invalid, the dossier-receiving agency shall immediately notify the applicant thereof for supplementation and completion of the dossier. If the dossier is complete and valid, it shall be recorded in the record book of dossiers of application for naturalization in Vietnam. At the same time, the dossier-receiving agency shall issue to the dossier submitter a receipt which is made according to the set form and affixed with the seal of the Department of Justice.
- Within 5 working days after the receipt of a complete and valid dossier, the Department of Justice shall send to the provincial Department of Public Security a request for verification of the applicant’s identity.
- Within 30 days after the receipt of a request from the Department of Justice, the provincial Department of Public Security shall conduct verification and send verification results to the Department of Justice. During this period, the Department of Justice shall examine papers in the dossier of application for naturalization in Vietnam.
- Within 10 working days from the date of receipt of verification results, the Department of Justice shall complete the dossier and submit it to the Chairman of the Provincial People's Committee.
- Within 10 working days from the date of receipt of a request from the Department of Justice, the Chairman of the Provincial People's Committee shall consider, make conclusion and send his/her proposal to the Ministry of Justice.
- Within 20 working days after receiving the written proposal from Chairman of the provincial People’s Committee, the Ministry of Justice shall re-examine the dossier, if finding that all conditions for naturalization of Vietnam are satisfied, the Ministry shall send a written notification to the applicant in order to carry out procedures for renunciation of his/her foreign nationality, except for cases in which the applicant wishes to retain his/her foreign nationality or is a stateless person.
Within 10 working days from the date of receiving the certificate of renunciation of foreign nationality of the applicant for naturalization in Vietnam, the Minister of Justice, authorized by the Prime Minister, shall submit a proposal to the State President for consideration and decision.
- In case the applicant wishes to retain his/her foreign nationality or is a stateless person, within 20 days after the receipt of the proposal from the provincial People’s Committee president, the Ministry of Justice shall re-examine the dossier, if finding that the applicant is eligible for naturalization in Vietnam, the Ministry, authorized by the Prime Minister, shall submit a proposal to the State President for consideration and decision.
- Within 30 days after receiving the Prime Minister’s proposal, the State President shall consider and decide.
- After a decision on permitting the naturalization in Vietnam issued by the State President, it shall be published in the Official Gazette by the State President's Office, and updated on the Ministry of Justice's website and within 10 days the Ministry of Justice should send a copy of the Decision together with the extract of the list of persons who are naturalized and at the same time send one copy to the provincial People's Committee which receives the dossier for monitoring, managing, collecting statistics on settling nationality. The Ministry of Justice shall also notify the provincial Department of Justice which the birth registration of the person permitting the naturalization in Vietnam (if the birth registered in the country) or the agency which archives birth registers of the former regime for the latter to take notes in the birth register. The contents of the note include: decision number; date, month and year of issuing the decision; the contents of the Decision. The officer who takes notes shall sign, write his/her full name and the date of taking notes.
Method of implementation: The applicant for naturalization in Vietnam submits the application directly at the Department of Justice where he/she resides.
Dossier components:
- An application for naturalization in Vietnam;
- A copy of the birth certificate, passport or other valid substitute papers;
- A Curriculum vitae;
- A judicial record issued by a competent Vietnamese authority for the period the applicant resides in Vietnam and a judicial record issued by a competent foreign authority for the period of the applicant’s residence in the foreign country. Judicial records must be issued within 90 days before the date of filing the dossier;
- Papers proving the applicant’s Vietnamese language proficiency (including one of the following papers: copies of graduation diploma of postgraduate, university, college, vocational secondary school, upper secondary school or secondary school of Vietnam; copies of the diploma or certificate of Vietnamese proficiency granted by the Vietnamese language training center of Vietnam).
In cases in which a person applying for Vietnamese nationality makes declaration in Vietnamese in order to integrate into the Vietnamese community but does not have one of the above papers, the provincial Department of Justice shall conduct a direct interview for examining Vietnamese language of the applicant. Interview results must be in writing; The interviewer, based on the criteria specified in Clause 1, Article 5 of Decree No. 78/2009/ND-CP (knowing Vietnamese sufficiently to integrate into the Vietnamese community of the applicant to be evaluated based on his/her skills of communication in Vietnamese with Vietnamese citizens, taking account of his/her living and working environment, shall propose opinions and take responsibility for his/her suggestions;
- Papers proving the applicant’s place and period of residence in Vietnam;
- Documents proving the applicant’s ability to make livelihood in Vietnam (including one of the following documents: proof of ownership of the property, certificate of salary or income by his/her employers, a certificate of taxable income from a tax agency, a document proving the guarantee of an organization or individual in Vietnam, a written certification of his/her ability to make livelihood in Vietnam by the commune-level People's Committee of the locality where the applicant resides).
For a minor child applying for Vietnamese nationality together with his/her parents, the dossier includes a copy of the birth certificate of such child or other papers proving the parent-child relationship. If only one parent is naturalized in Vietnam but the minor children living with that person acquire Vietnamese nationality according to their parents, the parents' written agreement on naturalization in Vietnam for their children must also be submitted.
Notes: Those who are exempted from certain conditions for naturalization in Vietnam shall be exempt from the papers corresponding to the exempted conditions but must submit the following papers to prove the exemption conditions, namely:
- The person whose spouse is a Vietnamese citizen must submit a copy of the Marriage Certificate proving the marriage relationship;
- Persons who are fathers, mothers or biological children of Vietnamese citizens must submit copies of birth certificates or other valid papers evidencing their paternity or mother-child relations;
- Persons who are biological fathers, natural mothers or biological children of Vietnamese citizens must submit a copy of the birth certificate or other valid papers proving the parent-child relationship;
- Persons who have made special meritorious contributions to Vietnam’s national construction and defense shall have to submit copies of medals, certificates of other noble titles or written certifications by authority agencies or organizations.
- Persons whose naturalization in Vietnam is helpful to the State of the Socialist Republic of Vietnam (persons who have talents in scientific, technological, cultural, social, art and sport domains) must submit the certificates certified by their employing agencies or organizations and ministerial-level state management agencies or provincial-level People’s Committees that their naturalization in Vietnam will contribute to the development of these domains.
Quantity of dossiers: 03 sets
Time limit for settlement: 115 days (actual time to process dossiers at competent agencies)
Entities carrying out the administrative procedure: Individuals
Competent agencies: the Department of Justice, the Ministry of Justice.
Results of the administrative procedure: Decision on permitting the naturalization in Vietnam issued by the State President.
Fees and charges: 3,000,000 VND.
The following cases are exempted from fees for naturalization in Vietnam:
+ Those who have made special meritorious contributions to Vietnam’s national construction and defense (as those who have been awarded orders, medals or other honorable titles by the State of Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam or have their special meritorious contribution certified by competent Vietnamese agencies).
+ Stateless people with difficult economic circumstances, certified by the People's Committee of the commune where they reside.
Application and declaration forms:
- Application for naturalization in Vietnam (Form TP/QT-2010-ĐXNQT);
- Curriculum vitae (Form TP/QT-2010 - TKLL)
Requirements and conditions for the administrative procedure:
Foreign nationals and stateless persons permanently residing in Vietnam who file applications for Vietnamese nationality may be permitted for naturalization in Vietnam if they satisfy the following conditions:
+ Having the full civil act capacity as prescribed by Vietnam’s laws;
+ Obeying the Constitution and laws of Vietnam; respecting the traditions, customs and practices of the Vietnamese nation;
+ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;
+ Having resided in Vietnam for 5 years or more by the time of application for naturalization;
+ Being capable of making their livelihood in Vietnam.
- The applicant for naturalization in Vietnam, if falling into one of the following cases: being the wife, husband, biological father, mother or natural child of a Vietnamese citizen; having special meritorious contributions to Vietnam’s national construction and defense (as those who have been awarded orders, medals or other honorable titles by the State of Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam or have their special meritorious contribution certified by competent Vietnamese agencies); being helpful to the State of the Socialist Republic of Vietnam (those who have talents in scientific, technological, cultural, social, art and sport domains and are certified by their employing agencies or organizations and ministerial-level state management agencies or provincial-level People’s Committees that their naturalization in Vietnam will contribute to the development of these domains), may be permitted for naturalization in Vietnam without having to fully meet the following conditions:
+ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;
+ Having resided in Vietnam for 5 years or more by the time of application for naturalization;
+ Being capable of making their livelihood in Vietnam.
- Persons naturalized in Vietnam shall renounce their foreign nationality, except for the following persons, in special cases, if so permitted by the President:
+ As spouses, natural parents or natural offsprings of Vietnamese citizens;
+ Having made meritorious contributions to Vietnam’s national construction and defense;
+ Being helpful to the State of the Socialist Republic of Vietnam.
- Persons applying for Vietnamese nationality must have Vietnamese names. These names may be selected by the applicants and written in the decisions on naturalization in Vietnam.
- Persons applying for Vietnamese nationality may not be permitted for naturalization if such naturalization is detrimental to Vietnam’s national interests.
Legal bases for the administrative procedure:
- Law on Vietnamese Nationality 2008.
- Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government on detailing and guiding a number of articles of the Law on Vietnamese Nationality 2008.
- Decree No. 97/2014/ND-CP dated October 17, 2014 by the Government amending and supplementing a number of articles of Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government on detailing and guiding a number of articles of the Law on Vietnamese Nationality 2008.
- Circular No. 08/2010/TT-BTP dated March 25, 2010 by the Minister of Justice guiding forms of nationality related papers and registries of nationality-related matters.
- Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010 by the Ministries of Justice, Foreign Affairs and Public Security on guiding the implementation of Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government.
- Circular No. 281/2016/TT-BTC dated November 14, 2016 by the Ministry of Finance on regulating rates and regimes for collection, payment, administration and use of fees for exploitation and use of information from the database on civil status, fees for confirmation of Vietnamese nationality, certification of Vietnamese origin, fees for nationality.
* Attachments:
Procedures for adoption involving foreign elements for children living in Nurturing centers/institutions
Order of execution:
i) Preparing dossiers for child to be adopted
Nurturing centers make assessment on the child's need of being adopted, preparing the child's dossier, consulting the managing agency (which is the agency directly managing the nurturing center, depending on each case, may be the Department of Labor - War Invalids and Social Affairs, District People's Committee, Red Cross Association, Sponsoring Association for People with Disabilities and Orphans ...). The managing agency shall send its opinions to the Department of Justice enclosed with the child's dossier.
ii) Finding prospective adoptive parents
- When receiving a child's dossier, if a Vietnamese citizen permanently residing in the province registers the need to adopt a child, the Department of Justice shall deliver 01 set of child dossier to the adopter and introduce he/she to the commune-level People's Committee where the fostering center is located for consideration and settlement in accordance with law.
- If there is no Vietnamese citizen permanently residing in the country registering to adopt a child:
*) For disabled children, children suffering from fatal diseases defined in Clause 1, Article 3 of Decree No. 19/2011/ND-CP (amended and supplemented under Decree No. 24/2019/ND- CP) to be specific adopted, the Department of Justice certifies that a child is eligible to be adopted and sends the child's dossier to the Department of Adoption to find a specific adopting person.
The Department of Adoption requests the foreign adoption offices to find a specific adopter who is suitable for taking care and nurturing of the identified child.
*) For children not defined in Clause 1, Article 3 of Decree No. 19/2011/ND-CP (amended and supplemented under Decree No. 24/2019/ND-CP):
+) The Department of Justice announces to find people in the country to adopt children. If there is no Vietnamese citizen permanently residing in the country registering to adopt a child, the Department of Justice shall deliver the child's dossier to the Department of Adoption to notify at the central level.
+) Department of Adoption announces to find adopting people in the country. If there is a person who wishes to adopt a child, that person shall contact the People's Committee of the commune where the nurturing center is located for consideration and settlement. If there is no Vietnamese permanently residing in the country registering to adopt the child, the Department of Adoption shall notify such to the Department of Justice.
iii) Certifying children's eligibility for to be overseas adopted
+) The Department of Justice shall examine the legitimacy of dossier and compare with the regulations on objects, age of child to be adopted, the case of specific adopting, the cases of through introduction’s procedure; dossiers must have enough duly legal papers.
+) For abandoned children, the Department of Justice requests the Provincial Department of Public Security to verify the child's origin. The Provincial Department of Public Security shall have a clear written verification and conclusion about the origin of abandoned children, and that the child’s natural parent(s) is (are) not identified.
In case of an abandoned child whose natural parent(s) is(are) identified by the Provincial Department of Public Security and the Department of Justice can contact him/her, the Department of Justice shall obtain the consent of the parent(s) with respect to the child adoption before determining the child’s eligibility for adoption.
In case where the Department of Justice cannot contact the natural parent(s), the Department shall post a notice in its office within 60 days as of the date of receiving the verification results, and at the same time shall request in writing the commune-level People’s Committee in the area of last residence of the natural parent(s) to post a notice of the child waiting for the adoption in the Committee’s office. The posting shall take place within 60 days as of the date of receiving the written request of the Department of Justice.
+) The Department of Justice collects the consent of the natural parents; If the father or mother is dead, missing, having lost the civil act capacity or unidentifiable, the consent of the other person is required; If both biological parents are dead, missing, having lost civil act capacity or unidentifiable, the consent of the guardian is required; Adopting a child aged full 09 years or older also requires the consent of that child; If the child is living at a nurturing center/institution, there must be a written opinion of the director of the nurturing center on the adoption of the child.
While collecting concerned, judicial officers must:
*) consult to help children continue be cared for, nurtured, educated which are suitable with the families’ conditions and real capabilities.
**) fully consult for the natural parents or guardians about adoption’s purpose; rights and obligations arising between adoptive parents and adopted children after adoption registering; the natural parents no longer have the rights and obligations to care for nurture, provide financial support for, represent at law, pay damages for, manage and dispose of personal property of, their child already adopted unless otherwise agreed upon between the natural and adoptive parents.
***) Explain to the concerned people about the right to change their consent within 30 days from the date of being asked for their ideas: Within this time limit, if concerned persons (except for director of the nurturing center) have not awarded fully, understood clearly about the consulted matters or influenced by psychology, health element had agreed to allow their children to be adopted, then wanted to change their decision after rethinking, they must inform in writing to the Provincial Department of Justice, adoption dossier-handling agency. If this period is terminated, the concerned persons may not change their ideas for allowing children to be adopted.
+) Department of Justice confirms that a child is eligible for inter-country adoption, sending the Department of Adoption a document certifying that the child is eligible to be adopted, a written verification of the Provincial Public Security Agency for a child abandoned, written opinions of birth parents or guardians and consent of children aged full nine years or older regarding child adoption; in case the child is living at a nurturing center, there must be a written opinion of the center’s director allowing the child to be adopted so that the Department of Adoption transfers the adopting person's dossier to request the introduction children.
+) The Department of Justice confirms that a child is eligible for inter-country adoption, sending the confirmation to the Department of Adoption, a written verification of the Provincial Department of Public Security for a child abandoned, written opinions of natural parents or guardians and consent of children aged full nine years or older regarding child adoption; a written consent from the nurturing center’s director allowing the child to be adopted in case the child is living at a nurturing center/institution.
iv) Submission, examination and assessment of dossiers of adopting persons
- The foreign adoption office submits dossiers of adopting persons to the Department of Adoption; a foreigner who currently working or studying in Vietnam for at least 1 year shall submit his/her adopting dossiers and dossiers of children up for adoption to the Department of Adoption.
- Based on the number of children eligible for foreign adoption, the Department of Adoption receives the adopter's dossier.
- The Department of Adoption examines and evaluates the dossier of adopting person. In case of approval, the Department of Adoption proceeds with the next procedures. In case of disapproval, the Department of Adoption returns the dossier and clearly state the reason in writing.
v) Introduction of children for inter-country adoption:
+) The Department of Adoption transfers dossiers of adopting persons to the Department of Justice based on the number of children qualified to be inter-country adopted and the number of dossiers of adopting persons has been approved.
+) The Department of Justice shall introduce a child for adoption and report it to the Provincial People's Committee for approval.
Before considering and introducing a child for intercountry adoption, if there is a citizenship seeking to adopt a child, he/she should contact the People's Committee of the commune where the nurturing center is located for consideration and settlement. Once the adoption is completed, the commune-level People's Committee shall report to the Department of Justice to terminate the introduction of the child for intercountry adoption.
Within 30 days after receiving the dossier of the adopting person, the provincial-level Justice Department shall consider and introduce a child for adoption on the basis of ensuring the grounds provided in Article 35 of this Law and report it to the provincial-level People's Committee. Within 10 days after receiving the dossier from the provincial-level Justice Department, if approving the dossier, the provincial-level People's Committee shall notify it to the provincial-level Justice Department for carrying out procedures for forwarding the dossier to the Ministry of Justice; if disapproving the dossier, it shall issue a written reply clearly stating the reason.
Before the provincial-level Justice Department considers and introduces a child for intercountry adoption, if a person seeks to adopt the child, he/she shall contact the commune-level People's Committee of the place in which the child permanently resides for consideration and settlement; once the adoption completes, the commune-level People's Committee shall report it to the provincial-level Justice Department for terminating the introduction of the child for intercountry adoption.
+) In case the provincial People's Committee approves the dossier, the Departments of Justice forward to the Department of Adoption a set of child’s dossier enclosing with agreement written of the Provincial People’s Committee. If disapproval, the provincial People's Committee shall written clearly notify the reason to the Department of Justice to implement reintroduction. In case the Department of Justice could not introduce the child, it returns the adopting person's dossier to the Department of Child Adoption, enclosing with written stating clearly the reason. If the Department of Justice could not introduce, it must return dossiers of adopting persons to the Department of Adoption with written stating clearly the reason.
vi) Inspecting and notifying the results of the settlement of foreign adoptions
- The Department of Adoption inspects the results of settlement of foreign adoptions according to the provisions of Points d and đ, Clause 2, Article 28, and Clause 3, Article 36 of the Law on Adoption, Article 20 of Decree No. 19/2011/ND-CP amended and supplemented under Decree No. 24/2019/ND-CP. If necessary, the Department of Adoption consults with experts in the fields of psychology, health, family and society.
- If a child being eligible for intercountry adoption, the introduction of child to be adopted ensuring to comply with orders, procedures as provisions and meeting child’s best benefits, the Department of Adoption shall notify in writing to the adopting persons, concerned foreign Central Agencies for adoption enclosing with a set of dossier comprising of a report on assessment of a child’s eligibility for intercountry adoption; written opinions of parents, guardians and opinions of children aged full nine or older on consent to child adoption; written opinions of the director of the nurturing center about the adoption of a child.
In case the child has not enough conditions for intercountry adoption, the introduction of children to be adopted not comply with order, procedures as provisions and not meet child’s best benefits, the Department of Adoption shall notify the Department of Justice.
- Foreign adoption offices/concerned foreign adoption agencies/adopters send the Department of Adoption a written consent of adopting persons about the introduced child and the written consent of relevant foreign competent authorities certifying that a child is admitted to and permanently resides in the country where the child is adopted.
- The Department of Adoption notifies the provincial Department of Justice the consent of the foreign competent agencies, adopting person's opinion. For the adoption of disabled children, children with dangerous diseases, the Department of Adoption informs and transfers dossiers of adopting persons.
vii) Decision to allow children to be adopted by foreigners and organization of the delivery and receipt of adopted children
- The provincial Department of Justice shall request to the provincial People's Committee to issue a decision on adoption with foreign elements.
- The Provincial People's Committees shall issue a decision to allow the child's intercountry adoption.
- After the decision is issued by the provincial People's Committee, the Department of Justice shall notify the adopter to come to Vietnam for receiving the child.
- The Department of Justice registers the adoption and organizes an adoption ceremony. At the adoption ceremony, the Department of Justice assigns the adoptive parents 01 set of the child's dossier, including papers specified in Clause 1, Article 32 of the Law on Adoption and the written opinion of the birth father (or mother) or guardians and opinions of children aged full nine years or older with respect to the child adoption; In case the child is living in a nurturing center, a written opinion of the director of the center on allowing the child to be adopted is required.
- The Ministry of Justice shall issue a Certificate of Adoption with foreign elements in accordance with the Hague Convention (if required).
Method of implementation:
- Dossier of the person to be adopted: Nurturing centers prepare and send the dossiers to their governing agency for opinions, then the dossiers shall be sent to the Department of Justice, enclosed with a written opinions.
- Dossier of the adopter: can be submitted in person or sent via postal services to the Department of Adoption.
In case of non specific child adoption, the adopter permanently residing in the country is contracting party of a treaty on coordinating adoption with Vietnam applies dossiers to the Department of Adoption via such country adoption agencies granted license for operating in Vietnam; If such country has not got adoption agencies granted license for operating in Vietnam, the adopter applies dossiers to the Department of Adoption via the diplomatic representative agencies or the Consular agency of such country in Vietnam.
Dossier components:
The dossier of a adopter includes:
- Application for Vietnamese child intercountry adoption (Used for adoption of a child living in nurturing institution);
- Copy of passport or a valid substitute document;
- A written permission to adopt a child in Vietnam;
- Psychological and family survey;
- Written confirmation of health status;
- Written confirmation of income and assets;
- Judicial record;
- Written certification of marital status:
+ In case the adopter is married: Marriage certificate.
+ In case the adopter is a single: Certificate of marital status.
- A certificate of the People's Committee or the police station of the commune where he/she resides in Vietnam and other papers and documents to prove that the adopter is a foreigner who is working and studying continuously in Vietnam during the period for a period of at least 01 year, up to the date of filing at the Department of Adoption (for a foreigner working or studying in Vietnam for at least 01 year).
Notes: Papers and documents prepared and issued by competent foreign agencies must be:
*) consularly legalized by the Consular Departments, the Ministry of Foreign Affairs of Vietnam, the Diplomatic Mission or the Consular Office of Vietnam abroad, except for cases exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party or on the reciprocity principle.
*) Translate into Vietnamese and the translation must be authenticated by the signature of the translator in accordance with the provisions of Vietnamese law on signature authentication.
The dossier of a child to be adopted includes:
- Birth certificate;
- A health certificate issued by a district-or higher-level health agency;
- Two photos of the whole body looking straight, taken within 6 months;
- A record of certification made by the commune-level People's Committee or police of the place in which the child is abandoned, for abandoned children; the death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans; a court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing; a court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity;
- The receipt decision, for children in a nurturing institution;
- Documents on the remarkable characteristics, hobbies and habits of the child;
- A document evidencing the failure of finding a domestic substitute family, for children subject to introduction procedures.
- In case of a child as a sibling of a previous adopted child: A copy of the decision of the competent Vietnamese authority for the adopter to adopt the such child and papers and documents to prove that he/she and the adopted child are siblings.
- Quantity of dossiers submitted to the Department of Adoption by the adopting person:
The dossier of adopting person: 02 sets.
The dossier of child to be adopted: 03 sets to be submitted to the Department of Justice and 01 photocopy of the dossier submitting at the Department of Adoption (for a foreigner working, studying in Vietnam for at least 01 year and adopting Vietnamese children).
Time limit for settlement:
- For the managing agency to give opinions and send them to the Department of Justice: 05 working days from the date of receipt of a complete and valid dossier.
- The Department of Justice examining the dossier and conducting from relevant persons: 20 days from the date of receipt of a complete and valid dossier.
- For concerned people to change their consent on the child adoption: 30 days from the date of collection of opinions.
- Provincial police offices to verify the origin of children for abandoned children: 30 days from the date of receipt of the request of the Department of Justice.
+) For abandoned children, the Department of Justice requests the Provincial Department of Public Security to verify the child's origin. The Provincial Department of Public Security shall have a clear written verification and conclusion about the origin of abandoned children, and that the child’s natural parent(s) is (are) not identified.
In case of an abandoned child whose birth parent(s) is(are) identified by the Provincial Department of Public Security and the Department of Justice can contact his/her parent(s), the Department of Justice shall obtain the consent of the parent(s) with respect to the child adoption before determining the child’s eligibility for adoption.
In case where the Department of Justice cannot contact the natural parent(s), the Department shall post a notice in its office within 60 days as of the date of receiving the verification results, and at the same time shall request in writing the commune-level People’s Committee in the area of last residence of the natural parent(s) to post a notice of the child waiting for the adoption in the Committee’s office. The posting shall take place within 60 days as of the date of receiving the written request of the Department of Justice.
In case the provincial police have verified information about the biological parents of abandoned children but cannot contact, the period for the Department of Justice and the commune-level People's Committee in the area of last residence of the natural parent(s) to post a notice of the child waiting for the adoption in the Committee’s office: 60 days from the date of receipt of verification results (for the Department of Justice) and 60 days from the date of receipt of written request from the Department of Justice (for the commune-level People's Committee of the last place of residence of the biological parents).
- The period for the Department of Adoption to examine and appraise the dossier of a foreigner adopting Vietnamese children: 15 days from the date of receipt of complete and valid dossiers, the application fee has been paid.
- The period for the Department of Justice to introduce the child for adoption: 30 days from the date of receipt of the adopter's application.
- The period for the Provincial People's Committee to give opinions on the introduction of a child for adoption (for a child subject to the introduction procedure): 10 days from the date of receipt of the dossier submitted by the Department of Justice.
- Time for the Department of Adoption to check the results of adoption settlement according to the provisions at Points d and đ, Clause 2, Article 28 and Clause 3, Article 36 of the Law on Adoption: 30 days from the date of receipt of the report on the results of adoption by the Department of Justice.
- Time for the Department of Adoption to notify the Department of Justice: 15 days from the date of receipt of a written notice from the competent authority of the country where the adopter permanently resides, stating that the adopter agrees the adoption, the adopted child is allowed to enter and permanently reside in the country where the child is adopted.
- Time for the provincial People's Committee to issue a decision for the child to be adopted by a foreigner: 15 days from the date of receipt of the dossier submitted by the Department of Justice.
- The time the adopter being present in Vietnam to directly adopt the child: 60 days from the date of receipt of the notification of the Department of Justice or no more than 90 days if with an appropriate reason for failure of time-limit of 60 days.
Entities carrying out the administrative procedure:
Foreign adoption offices, foreigners permanently residing abroad, Vietnamese residing abroad and foreigners working and studying in Vietnam for at least 01 year of submitting the application of the adoption, fees and expenses (if any) when carrying out administrative procedures.
Child nurturing centers/institutions submit the application of the child to be introduced for adoption.
Authority to decide: The Provincial People's Committee where the person to be adopted permanently resides.
Agencies carrying out the administrative procedure: the Department of Adoption under the Ministry of Justice; the Provincial People's Committee; the Provincial Department of Justice.
Coordinating agencies: The managing agency of the nurturing centers/institutions (depending on each case, may be the Department of Labor - War Invalids and Social Affairs, District People's Committee, Red Cross Association, Sponsoring Association for People with Disabilities and Orphans ...); the Provincial Department of Public Security; The commune-level People's Committee of the place where the biological parents of the child last resides, in the case of abandoned children, the Provincial Department of Public Security has verified the biological parents' information but has not been able to contact them.
Results of the administrative procedure: decision to allow the child's intercountry adoption.
Fees and charges:
In case a foreigner permanently residing abroad or an overseas Vietnamese submits an application for adoption of a Vietnamese child through a foreign child adoption office, fees and expenses shall be paid through this office.
+) Fees: 9,000,000 VND/case
For those who adopt two or more siblings, the fee is reduced by 50% from the second child onward. Meanwhile, cases of registration of de facto adoptions and adoption re-registration are eligible for fee exemption.
+) Expenses for intercountry adoption settlement: VND 50 million per case
Those who adopt children with disabilities or a dangerous diseases are exempt from this expense.
+) For fees: after the Department of Adoption receiving and issuing the application number of the adopting person.
+) For expenses: after the adopter agreeing to the child referral result.
Application and declaration forms:
- Application for Vietnamese child intercountry adoption (Used for adoption of a child living in nurturing centers/institution)
- Documents on the remarkable characteristics, hobbies and habits of the adopted child.
Requirements and conditions for the administrative procedure:
- Adopting persons meet the following conditions:
+) Satisfying the conditions prescribed by the laws of the country where adopting persons permanently reside;
+) Satisfying the conditions specified in Article 14 of the Law on Adoption, including:
i) Having full civil act capacity;
ii) Being 20 years or more older than the to-be-adopted child;
iii) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child;
iv) Having good ethical qualities;
v) Not falling into one of the following cases that are not allowed to adopt a child:
+ Having some of the parental rights over a minor child restricted:
+ Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
+ Currently serving an imprisonment penalty:
+ Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
- Adopted persons meet the following conditions:
+) Children under 16 years;
+ Children are orphans, abandoned and in other disadvantaged circumstances living in nurturing centers;
+) A person may be adopted by only one single person or two persons being husband and wife.
Legal bases for the administrative procedure:
- Law on Adoption;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 24/2019/ND-CP dated March 5, 2019 by the Government amending and supplementing a number of articles of the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 114/2016/ND-CP dated July 8, 2016 by the Government on adoption registration fee and fee for grant of operation licenses of foreign adoption organizations.
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Joint Circular No. 146/2012/TTLT-BTC-BTP dated 7 September 2012 by the Ministry of Finance and the Ministry of Justice stipulating the estimation, management, use and settlement of funds for specialized and professional activities in the adoption from collected fees for adoption registration, grant, extension and modification of licenses of foreign adoption organizations and expenses for inter-country adoption processing.
- Circular No. 21/2011/TT-BTP dated November 21, 2011 by the Ministry of Justice on the management of foreign adoption offices in Vietnam;
- Circular No. 267/2016/TT-BTC dated November 14, 2016 by the Minister of Finance stipulating the estimation, management, use and settlement of state funds for adoption and for grant, extension and modification of licenses of foreign adoption organizations in Vietnam.
* Attachments:
Procedures for adoption involving foreign elements in cases the stepfather or stepmother adopts a stepchild; a natural aunt or uncle adopts a nephew or cousin
Order of execution:
i) Preparing dossiers for child to be adopted
The natural parents or guardians shall compile a dossier of the to-be-adopted child and send it to the Department of Justice where the to-be-adopted child permanently resides.
The Department of Justice shall examine the dossier and gather opinions from relevant parties after receiving a complete and valid dossier.
- After completing the examination and verification, if seeing that the child is eligible for intercountry adoption, the provincial Department of Justice shall issue a certificate to this effect and send it to the applicant and the Department of Adoption, attaching to the child's dossier, written consents for child adoption of natural parents or guardians and child aged full nine years or older.
ii) Adopter apply his/her dossier and of to-be-adopted child (scan) to the Department of Adoption.
- The Department of Adoption shall examine and appraise the dossiers of the adopter and to-be-adopted child. In the case of refusal, it shall return the dossier to the adopter and provide a written answer specifying reasons for such refusal.
In case of application approval:
+) For cases of adopters residing in a countries which have not yet signed agreements on child adoption with Vietnam within the framework of the Hague Convention: The Department of Adoption shall transfer the dossiers of application for adoption to the Department of Justice of the locality where the to-be-adopted child permanently resides to submit to the Provincial People's Committee for consideration and decision.
+) For cases of adopters residing in the countries which have signed agreements on child adoption cooperation with Vietnam within the framework of the Hague Convention: The Department of Adoption shall notify in writing the adopter and the central adoption agency of the country in which he/she permanently resides, attaching to the assessment report on the child eligible for adoption abroad and the written consent for adoption of the natural father, mother or guardians and children aged full nine years or older.
- After receiving a document of the competent agency of the country in which the adopter permanently resides certifying that the child will be allowed to enter and permanently reside in the country in which child is adopted, the Department of Adoption shall transfer the application dossier of the adopter to the Department of Justice of the locality where the to-be-adopted child permanently resides for submission to the Provincial People's Committee for consideration and decision of adoption abroad. In the case of such entry and permanent residence is refused, the Department of Adoption returns the dossier and clearly states the reason in writing to the adopter and informs the Department of Justice.
- After the decision of the Provincial People's Committee is issued, the Department of Justice shall notify the adopter to come to Vietnam for receiving the child.
- The Department of Justice shall register the adoption and organize an adoption ceremony. At the adoption ceremony, the Department of Justice assigns the adoptive parents 01 set of the child's dossier, the written opinion of the natural father (or mother) or guardians and opinions of children aged full nine years or older with respect to the child adoption.
- The Ministry of Justice shall issue a Certificate of Adoption with foreign elements in accordance with the Hague Convention (if required).
Method of implementation:
- Dossier of the person to be adopted shall be submit at the Department of Justice.
- Dossier of the adopting person: shall be submitted at the Department of Adoption in person; or authorize in writing a relative or relative permanently residing in Vietnam to submit the dossier at the Department of Adoption or sent via postal services to the Department of Adoption.
Dossier components:
The dossier of an adopter includes:
- Application for Vietnamese child intercountry adoption (Used for adoption of a step – child or biological niece/nephew)
- Copy of Passport or a valid substitute document;
- A written permission to adopt a child in Vietnam;
- Psychological and family survey;
- Written confirmation of health status;
- Written confirmation of income and assets;
- Criminal record certificate;
- Written certification of marital status:
+ In case the adopter is married: Marriage certificate.
+ In case the adopter is a single: Certificate of marital status.
- Documents proving that the applicant belonging the case of adoption of a specific child, including:
+ A copy of the marriage certificate of the stepfather/stepmother with the biological mother/father of the adopted person.
+ Papers and documents to prove that the applicant is the aunt, uncle of the adopted person.
Notes: Papers and documents prepared and issued by competent foreign agencies must be:
* consularly legalized by the Consular Department, the Ministry of Foreign Affairs of Vietnam, the Diplomatic Mission or the Consular Office of Vietnam abroad, except for cases exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party or on the reciprocity principle.
* Translate into Vietnamese and the translation must be authenticated by the signature of the translator in accordance with the provisions of Vietnamese law on signature authentication.
The dossier of a child to be adopted includes:
- Birth certificate;
- A health certificate issued by a district-or higher-level health agency;
- Two photos of the whole body looking straight, taken within 6 months;
- The death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans; a court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing; a court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity;
- The written consent for adoption by natural parents, guardians and child aged 9 years and over;
- A document from the Department of Justice certifying that the child is eligible for foreign adoption.
- Documents on the remarkable characteristics, hobbies and habits of the child (for the case the aunt, uncle, aunt, uncle or aunt adopts the child).
- In case of a child as a sibling of a previous adopted child: A copy of the decision of the competent Vietnamese authority for the adopter to adopt the such child and papers and documents to prove that he/she and the adopted child are siblings.
- Quantity of dossiers submitted to the Department of Adoption by the adopting person:
The dossier of adopting person: 02 sets.
The dossier of child to be adopted: 03 sets to be submitted to the Department of Justice and 01 scan of the dossier submitting at the Department of Adoption.
Time limit for settlement:
- The Department of Justice inspecting documents, gathering ideas from relevant parties and certifying the child is eligible for foreign adoption: 20 days from the date of receipt of a complete and valid dossier.
- For concerned people to change their consent on the child adoption: 30 days from the date of obtaining of opinions.
- For the cases of children being adopted in countries which have not yet signed agreements on adoption cooperation with Vietnam: Time limit for the Department of Adoption to examine and appraise the dossier of the adopter and the to-be-adopted child and forward the dossier to the Department of Justice: 15 days from the date of receipt of a complete and valid dossier, fees paid as prescribed.
- For the cases of children being adopted in countries which have signed agreements on adoption cooperation with Vietnam:
+ Time limit for the Department of Adoption to examine and appraise the dossier of the adopter and the to-be-adopted child and notify the competent agency of the country in which the adopter permanently resides: 15 days from the date of receipt of a complete and valid dossier, fees paid as prescribed.
+ Time for the Department of Adoption to notify the Provincial Department of Justice: 15 days after receiving a document of the competent agency of the country in which the adopting person permanently resides certifying that the child will be allowed to enter and permanently reside in the country in which child is adopted.
- The time limit for the provincial People's Committee to issue a decision for the child to be adopted by a foreigner: 15 days from the date of receipt of the dossier submitted by the Provincial Department of Justice.
- The time the adopter being present in Vietnam to directly adopt the child: 60 days from the date of receipt of the notification of the Department of Justice or no more than 90 days if with an appropriate reason for failure of time-limit of 60 days.
Competent authority to decide: The Provincial People's Committee where the to-be-adopted child permanently resides.
Agencies directly carrying out the administrative procedure: the Provincial Department of Justice, the Department of Adoption under the Ministry of Justice.
Entities carrying out the administrative procedure:
Adopters residing abroad are stepfather/stepmother adopts a stepchild; a natural aunt or uncle adopts a nephew or cousin of to-be-adopted children.
- The biological parents or guardians shall compile dossiers of the to-be-adopted children.
Application and declaration forms:
- Application for Vietnamese child intercountry adoption (Used for adoption of a step – child or biological niece/nephew)
- Documents on the remarkable characteristics, hobbies and habits of the adopted child (Used for adoption of a step – child or biological niece/nephew)
Fees and charges:
Form of fee payment: transfer or directly pay at Ba Dinh State Treasury.
- Fees:
+ Apply 50% reduction of foreign adoption registration fees: VND 4,500,000/case of adopting 01 child.
+ In case two or more children are adopted as siblings at the same time: they can choose to apply the above fee reduction or apply the 50% reduction of the registration fee for foreign adoption from children. second or later to be adopted (the fee has not been reduced: VND 9,000,000/case).
- Expenses: not specified
- Deadline for payment of fees: after the Department of Adoption receiving and issuing the application number of the adopting person.
Results of the administrative procedure: decision to allow the child's intercountry adoption.
Requirements and conditions for the administrative procedure:
- Adopters must meet the following conditions:
+ Satisfying the conditions prescribed by the laws of the country where adopters permanently reside;
+ Satisfying the conditions specified in Article 14 of the Law on Adoption, including:
i) Having full civil act capacity;
ii) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child;
iii) Having good ethical qualities;
iv) Not falling into one of the following cases that are not allowed to adopt a child:
+ Having some of the parental rights over a minor child restricted:
+ Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
+ Currently serving an imprisonment penalty:
+ Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
ii) Being 20 years or more older than the to-be-adopted child;
According to Clause 3, Article 14 of the Law on Adoption, this procedure does not apply the following conditions: the adopter being 20 years or more older than the to-be-adopted child and having health, financial and accommodation conditions for assuring the care for and nurture and education of the to-be-adopted child.
- To-be-adopted persons meet the following conditions:
+ Children under 18 years;
+ A person may be adopted by only one single person or two persons being husband and wife.
Legal bases for the administrative procedure:
- Law on Adoption;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 24/2019/ND-CP dated March 5, 2019 by the Government amending and supplementing a number of articles of the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 114/2016/ND-CP dated July 8, 2016 by the Government on adoption registration fee and fee for grant of operation licenses of foreign adoption organizations.
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Joint Circular No. 146/2012/TTLT-BTC-BTP dated 7 September 2012 by the Ministry of Finance and the Ministry of Justice stipulating the estimation, management, use and settlement of funds for specialized and professional activities in the adoption from collected fees for adoption registration, grant, extension and modification of licenses of foreign adoption organizations and expenses for inter-country adoption processing.
- Circular No. 21/2011/TT-BTP dated November 21, 2011 by the Ministry of Justice on the management of foreign adoption offices in Vietnam;
- Circular No. 267/2016/TT-BTC dated November 14, 2016 by the Minister of Finance stipulating the estimation, management, use and settlement of state funds for adoption and for grant, extension and modification of licenses of foreign adoption organizations in Vietnam.
* Attachments:
Re-registration of adoption involving foreign elements
Order of execution:
- Applicants for adoption re-registration prepares dossiers as required and submit them at the Department of Justice in which adoptive parents and adopted children permanently residing or of place registered adoption.
The Department of Justice shall submit to the Provincial People's Committee to issue a Decision on the adoption of Vietnamese child abroad for granting to the applicant for re-registration.
Method of implementation: The dossier be submitted in person at the Department of Justice.
Dossier components:
The application for re-registration of adoption. In case re-registration at the Department of Justice in which are not the places formerly registered adoption, the application must have commitment by the applicant for re-registration for the faith of formerly registered adoption and having signatures of at least two witnesses.
Time limit for settlement: Within five working days from the date of receiving the complete and valid dossiers
Authority to decide: The Provincial People’s Committee
Agency directly carrying out the administrative procedure: the Provincial Department of Justice
Coordinating agencies: None
Entities carrying out the administrative procedure: Individuals who have demand for re-registration of adoption.
Form and templates[1]: Application for re-registration of adoption.
Fees and charges: None.
Results of the administrative procedure: Decision on child adoption involving foreign elements.
Requirements and conditions carrying out the administrative procedure (if any):
- Adoption registered at competent state agencies of Vietnam but both civil status book and the original adoption registration certificate lost or ruined so that they are unused;
- Both adoptive parents and adopted children still alive at the time of re-registration.
Legal bases for the administrative procedure:
- Law on Adoption;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 114/2016/ND-CP dated July 8, 2016 by the Government on adoption registration fee and fee for grant of operation licenses of foreign adoption organizations.
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Circular No. 267/2016/TT-BTC dated November 14, 2016 by the Minister of Finance stipulating the estimation, management, use and settlement of state funds for adoption and for grant, extension and modification of licenses of foreign adoption organizations in Vietnam.
[1] The application form is changed in accordance with the Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
* Attachments:
Resolving the adoption of Vietnamese children by foreigners permanently residing in Vietnam
Order of execution:
- Foreigners permanently residing in Vietnam who adopt children submit their dossiers and those of the to-be-adopted children at the Department of Justice in which the person introduced for adoption permanently resides;
- The Department of Justice shall examine the dossier and gather opinions from relevant persons:
+ Governmental officials shall receive and inspect dossiers. While inspecting dossiers, the officials must research, study the concerned persons’ innermost feelings, aspiration and circumstance. In case the adopted persons have natural parents still alive, the official inspect if the natural parents and adopting parents have agreement to keep rights, obligations toward their children and the method to carried out such rights, obligations after children were allowed to be adopted.
+ Governmental officials collect opinions from relevant people:
When collecting opinions from relevant people, the officials must:
i) consult to help children continue be cared for, nurtured, educated which are suitable with the families’ conditions and real capabilities.
ii) fully consult for concerned persons about adoption’s purpose; rights and obligations arising between adoptive parents and adopted children after adoption registering; the natural parents no longer have rights and obligations to care for nurture, provide financial support for, represent at law, pay damages for, manage and dispose of personal property of, their child already adopted unless otherwise agreed upon between the natural and adoptive parents.
iii) Explain to concerned persons the right to change their consent within 15 days from the date of being asked for their ideas. If this time is terminated, the concerned persons may not change their ideas for allowing children to be adopted.
- The Department of Justice submits to the Provincial People's Committee for consideration and decision;
- The People's Committee issues a decision on the adoption of Vietnamese children by foreigners;
- The Department of Justice shall register the adoption according to the law provisions on civil status registration and organize the child adoption ceremony at the office of the Department of Justice.
- In the case of refusal, the Department of Justice shall reply in writing, specifying the reasons thereof.
- The Department of Justice shall submit to the Provincial People's
Method of implementation: The dossier shall be directly submitted at the Department of Justice.
Dossier components::
Profile of the adopter:
- Application for Vietnamese child;
- Copy of passport or ID Card or a valid substitute paper;
- Criminal record certificate;
- Written certification of marital status:
+ In case the adopter is married: Marriage certificate.
+ In case the adopter is a single: Certificate of marital status.
- Written confirmation of health status;
- A health certificate granted by a district-or higher-level health agency;
- A written certification of family circumstances and housing and economic conditions granted by the commune-level People's Committee of the place in which the adopting person permanently resides.
Profile of person to be adopted:
- Birth certificate;
- A health certificate issued by a district-or higher-level health agency;
- Two photos of the whole body looking straight, taken within the past 6 months;
- A minutes of certification made by the commune-level People's Committee or police of the place in which the child is abandoned, for abandoned children; the death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans; a court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing; a court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity;
- The admission decision for children in nurturing centers.
Quantity of dossiers: 01 set.
Time limit for settlement:
- The Department of Justice examines the dossier and collects opinions: 20 days from the date of receipt of a complete and valid dossier;
- Time limit for concerned persons to change their consent to the child to be adopted abroad: 15 days from the date of being asked for their ideas.
- The Provincial People's Committee shall issue a decision: 15 days from the date of receipt of the dossier submitted by the Provincial Department of Justice.
Authority competent to decide: the Provincial People's Committee where the child to be adopted permanently resides.
Agency directly carrying out administrative procedures: Department of Justice of the place in which the child to be adopted permanently resides.
Coordinating agency: No.
Entities carrying out the administrative procedure: Foreigners permanently residing in Vietnam who adopt Vietnamese children.
Application and declaration forms:
- Application for adoption of Vietnamese children abroad;
- Application for adoption of Vietnamese children as foreign children (used for adoption of stepchildren and biological grandchildren).
Fees: 4,500,000 VND/case.
Results of the administrative procedure: The adoption decision with foreign elements.
Requirements and conditions for carrying out the administrative procedure:
An adopter must fully satisfy the following conditions:
- Having full civil act capacity;
- Being 20 years or more older than the adopted person. This condition does not apply for the case of a step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin.
- Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child. This condition does not apply for the case of a step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin.
- Having good ethical qualities.
The following persons may not adopt a child:
- Having some of the parental rights over a minor child restricted:
- Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
- Currently serving an imprisonment penalty:
- Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in fraudulently swapping or appropriating children, which has not been remitted yet.
Children to be adopted must meet the following conditions:
- Children under 16 years. Children aged between full 16 years and under 18 years falling into the cases of to be adopted by the step father or step mother; or a natural aunt or uncle.
- A child may be adopted by only one single person or two persons being husband and wife.
Legal bases for the administrative procedure:
- Law on Adoption;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 114/2016/ND-CP dated July 8, 2016 by the Government on adoption registration fee and fee for grant of operation licenses of foreign adoption organizations.
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Circular No. 267/2016/TT-BTC dated November 14, 2016 by the Minister of Finance stipulating the estimation, management, use and settlement of state funds for adoption and for grant, extension and modification of licenses of foreign adoption organizations in Vietnam.
* Attachments:
Recording the child adoption already processed by the foreign competent authority in the adoption registration book
Order of execution:
- The applicant for recording the child adoption already processed by the foreign competent authority in the adoption registration book shall complete the required dossier and submit it at the district-level People's Committee.
- The recipient shall inspect the dossier, comparing the information in the application and the validity of the papers in the dossier submitted and presented by the applicant.
- For the dossier is complete, the recipient shall write a dossier receipt, specifying the date and time to return the results. If dossier is incomplete, the applicant shall be guided to supplement and complete the application as prescribed; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, specifying documents to be supplemented, completed as prescribed.
If finding that the request for recording the child adoption already processed by the foreign competent authority in the adoption registration book fully meets the requirements of law, the Justice Division shall report to the Chairman of the district-level People's Committee. In case of consent, the Chairman of the district-level People's Committee shall issue an extract to the applicant for recording the child adoption already processed by the foreign competent authority in the adoption registration book; then official in charge of adoption registration shall record such adoption in the adoption registration book according to regulations.
Method of implementation:
- The applicant can directly perform or authorize another person to perform;
- The dossier can be submitted in person at the competent district-level People's Committee or sent via the postal system.
Dossier components:
Documents to be presented:
- Passport/ID card/citizen identity card/another papers containing photo and personal information that has been issued by a competent authority and remaining valid for the identity verification purpose.
- Papers proving the place of residence to determine the competence record the adoption settled at a foreign competent agency.
In case the application is sent via a postal service, it must be enclosed with certified copies of the presented papers as mentioned above.
Papers to be submitted:
- An application for recording the child adoption in the civil status book;
- Certified copies of papers proving that the child adoption already processed by the foreign competent authority.
- The power of attorney (certified) as prescribed by law in case of the applicant will authorize a third party to carry out his/her application. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the authorizing person, the power of attorney is not required to be authenticated.
- A certificate of conformity issued by the foreign competent authority stating that the adoption has been processed in accordance with the international treaty (in case where the adoption has been processed in accordance with an international agreement of which Vietnam and the adoption-processing country are members.)
Notes for papers:
- If the applicant submits copies issued from the master register or certified from originals, the receiving person may not require the presentation of the originals; if the applicant submits copies and present their originals, the receiving person shall collate them and bear signatures in the copies to certify that these documents have been collated, not require any other copies of these documents.
- For papers presented for civil status registration, the receiving person is responsible for checking and comparing with the information in the declaration, photocopying or recording information to save in the dossier and return them to the presenter, may not be required to submit copies or photocopies of such papers.
Papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consularly legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party.
Any document written in foreign language shall be translated to Vietnamese; the translation shall be notarized or the translator's signature shall be certified as prescribed by law.
Quantity of dossier sets: 01 set.
Time limit for settlement:
- On the very day of receiving the application.
- In case of necessity to verify, the time limit for settlement shall not exceed 03 working days.
The competent authority to decide: The People's Committee of the district where the Vietnamese citizen resides.
The agency directly carrying out the administrative procedure: district-level Division of Justice.
Coordinating agency: Department of Adoption under the Ministry of Justice, the Provincial Department of Justice.
Entities carrying out the administrative procedure: Individuals who request for recording the adoption settled at the foreign competent agencies .
Application and declaration forms: Declaration for recording in the Civil status book of the adoption.
Fees and charges:
According to the fee rate set by the provincial People's Councils. Exemption of fees for people from families with meritorious services to the revolution; poor households; the disabled.
Results of administrative procedures: The extract recorded in the Civil status book of the adoption registered at a competent authorities of foreign countries.
Requirements and conditions for carrying out administrative procedures:
Adoptions between Vietnamese citizens or between Vietnamese citizens and foreigners, which have been already processed by competent authorities in foreign countries, shall be recorded in the adoption registration books, if the adoptions fall under one of the following circumstances:
- The adoption has been processed in accordance with an international agreement of which Vietnam and the adoption-processing country are members.
- The adoption has been processed in accordance with foreign law, unless the adoption processing constitutes a violation of fundamental principles of the law of the Socialist Republic of Vietnam.
Legal bases for the administrative procedure:
- Law on civil status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing a number of articles of the Law on Adoption;
- Decree No. 24/2019/ND-CP dated March 5, 2019 by the Government amending and supplementing a number of articles of Decree No. 19/2011/NDCP by the Government dated 21 March 2011 providing in detail for the implementation of a number of articles of the Law on Adoption;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 by the Minister of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on civil status;
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Circular 85/2019/TT-BTC dated November 29, 2019 by the Minister of Finance guiding on fees and charges falling under the decision-making authority of the People’s Councils of provinces and centrally run cities.
* Attachments:
Procedures for birth registration involving foreign elements
Order of execution:
- An applicant for birth registration shall submit the birth registration dossiers at the competent district-level People's Committees.
- The recipient shall inspect the entire dossier, compare if documents are appropriate to the application form and they are all valid.
In case of sufficient and satisfactory application, the recipient shall make a receipt note specifying an appointment to give processing results.
In case of insufficient application, the applicant shall be instructed on how to revise the application as per regulations.
In case the applicant cannot revise the application immediately, the recipient shall draw up an instructional document specifying the documents/contents needing to be added and put the recipient’s signature and full name to the document.
Immediately after receiving full papers, if finding that the birth registration information is complete and proper, the Justice Division shall report to the Chairman of the district-level People's Committee to grant a birth certificate to the person whose birth is registered. Then, the registrar shall record the birth registration information in the birth registration book. When announcing the civil registration result, the registrar shall instruct the applicant to check the contents of the birth certificate and the birth registration book. The registrar and birth declarant shall together sign in the book and an original birth certificate shall be issued to the person whose birth is registered.
In case a parent chooses Vietnamese nationality for their child, the registrar shall update birth information according to the instructions to obtain a personal identification number.
Mode of implementation:
- An applicant for birth registration shall directly perform or authorize other persons to register for birth.
- The dossier for birth registration can be submitted in person at the competent district-level People's Committees or sent via the postal system or through the online civil status registration system.
Dossier components:
Papers to be presented:
- Passport/ID card/citizen identity card/another papers containing photo and personal information that has been issued by a competent authority and remaining valid for the applicant’s identity verification purpose.
- Papers proving the place of residence to determine the competence to make birth registration.
- A Marriage certificate if parents have registered their marriage.
- In case a child whose parents either is or parents both are Vietnamese citizen(s) was born abroad but has not have birth registered and taken to reside in Vietnam, it is required to present documents proving the child's lawful entry into Vietnam (such as passports, papers valid international travel with entry certification stamp by the immigration authority) and a written certification by competent public security to the effect that the child is residing in Vietnam.
In case the application is sent via a postal service, it must be enclosed with certified copies of the presented papers as mentioned above.
Papers to be submitted:
- An application form for birth registration as prescribed;
- A certificate of live birth;
If having no certificate of live birth, a document of a witness certifying the birth shall be submitted; if there is no witness, there must be a written pledge of the birth.
- A certificate of live birth or live birth certificate substitute document issued by the foreign competent authority certifying that the child was born abroad and mother-child relationship (if any) in case the child was born abroad.
- An agreement on selection of child’s nationality in case where one child’s parent is a Vietnamese citizen and the other is a foreign citizen.
- In case the child’s parent chooses a foreign citizenship for the child upon birth registration, besides the written consent to such choosing, a confirmation that such choosing conforms to the foreign country's law from the competent authority of the foreign country is required.
- The power of attorney (certified) as prescribed by law in case of authorization to carry out birth registration.
* Notes:
- For documents submitted and presented:
+ For Vietnamese citizens, proof of residence and marriage certificate are only presented during the period when the National Population Database and the National Electronic Civil Status Database have not been completed and uniformly implemented nationwide (transitional phase).
+ For documents presented for civil registration, the recipient shall inspect and compare them with information in the application, copy or record information for retention purpose and return the documents to the person presenting them, and shall not request copies or photocopies of such documents to be submitted.
+ Civil registration applicants may submit certified copies or copies issued from the master registers or photocopies together with their originals for comparison. In case an applicant submits photocopies and present their originals, the application recipient shall inspect and compare the photocopies with their original and countersign and shall not request the applicant to submit these copies.
+ Papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consularly legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party. Any document written in foreign language shall be translated to Vietnamese; the translation shall be notarized or the translator's signature shall be certified as prescribed by law.
+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law.
+ In case the applicant for birth registration of a child is his/her grandparent or another relative, the authorization letter from the child’s parent(s) is not required but the child’s parent(s) must agree on the contents of the birth certificate.
- For determining the last name, ethnicity and name of the child:
+ The last name, ethnicity and full name of the child must be determined in compliance with regulations of laws and in a manner that honors national identity and fine traditions and customs of Vietnam; the name shall not be too long or hard to use.
+ In case the parents fail to reach an agreement on the last name, ethnicity and native place of their child upon birth registration, the last name, ethnicity and native place of the child shall be determined according to customs but the child must take on the last name, ethnicity and native place of the mother or the father.
Quantity of dossier: 01 set.
Time limit for settlement: On the very day of receiving the application. In case the application is received after 15h00 and cannot be resolved immediately, the results will be returned in the next working day.
Entities carrying out the administrative procedure: Individuals.
The competent authority to decide:
- District-level People’s Committees of places of residence of fathers or mothers shall register birth for children born in Vietnam in the following cases:
+ Having a parent being a Vietnamese citizen and the other being a foreigner or a stateless person;
+ Having a parent being a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;
+ Having both parents being Vietnamese citizens residing abroad;
+ Having both parents being foreigners or stateless persons.
- District-level People’s Committees of places of residence of a child whose father or mother or both parents are Vietnamese citizens shall register birth for a child born abroad but no have birth registered and taking to reside in Vietnam.
The agency directly carrying out the administrative procedure: District-level Division of Justice shall receive the dossier and advise the district-level People's Committee chairperson to consider and decide.
Coordinating agency: None
Results of administrative procedures: The birth certificate (original)
Fees and charges:
According to the fee rate set by the provincial People's Councils. Exemption of fees for people from families with meritorious services to the revolution; poor households; the disabled.
Application and declaration forms: Application for birth registration
Legal bases for the administrative procedure:
- Law on civil status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 by the Minister of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on civil status;
- Circular 85/2019/TT-BTC dated November 29, 2019 by the Minister of Finance guiding on fees and charges falling under the decision-making authority of the People’s Councils of provinces and centrally run cities.
* Attachments:
Procedures for marriage registration involving foreign elements
Order of execution:
- An applicant for marriage registration shall submit the marriage registration dossiers at the competent district-level People's Committees.
- The recipient shall inspect the entire dossier, compare if documents are appropriate to the application form and they are all valid.
In case of sufficient and satisfactory application, the recipient shall make a receipt note specifying an appointment to give processing results.
In case of insufficient application, the applicant shall be instructed on how to revise the application as per regulations.
In case the applicant cannot revise the application immediately, the recipient shall draw up an instructional document specifying the documents/contents needing to be added and put the recipient’s signature and full name to the document.
The district-level Division of Justice shall review and appraise the application for marriage registration. If there is any complaint or denunciation that the marriage conditions have not been fulfilled according to regulations in the Law on Marriage and Family or it is deemed that some issue concerning the record of the male or female partner or a document in the application needs to be clarified, the district-level Division of Justice shall cooperate with relevant authorities in verification.
During the investigation and verification process, if necessary, the district-level Division of Justice may meet the parties in person to clarify their records, whether they enter into the marriage voluntarily and the marriage purpose.
- If the application is considered satisfactory, and both partners meet conditions for marriage as prescribed in the Law on marriage and family and are not subject to refusal cases prescribed in the Law, the Division of Justice shall request the Chairman of district-level People’s Committee to sign 2 originals of marriage certificate.
- Division of Justice shall grant marriage certificates to the partners in person.
- Upon marriage registration, both male and female partners must be present at the head office of the People’s Committee, the registrar shall ask for opinions of the male and female partners. If seeing that they voluntarily marry each other, the registrar shall record the marriage in the civil status book. The registrar shall guide the two parties to check the contents of the marriage certificate and the marriage registration book. If both male and female partners deem the contents correct and consistent with the application, then they and the registrar shall sign in the civil status book. The male and female partners shall both sign in the marriage certificate.
If either or both partner(s) cannot present to receive marriage certificate(s), the Division of Justice shall, upon their request in writing, give an extension of granting period providing not exceeding 60 days, from the date on which the Chairman of People’s Committee of district signs marriage certificates. Upon expiration of such 60-day period, if both partners fail to present and receive marriage certificates, the District Division of Justice shall request the Chairman of People’s Committee of district to cancel the signed marriage certificates.
If the partners still wish to get married thereafter, they shall follow the procedures for marriage registration from the beginning.
Mode of implementation:
Applicants for marriage registration directly submit the application dossier at the competent district-level People's Committee (the male or female party can directly submit the application without the written authorization of the other party).
Dossier components:
Papers to be presented:
- Passport/ID card/citizen identity card/another papers containing photo and personal information that has been issued by a competent authority and remaining valid for the applicant’s identity verification purpose.
- A foreigners is required to present the original passport for his/her identity verification purpose; In case of without a passport to present, he/she can present an international travel document or a residence card.
- Papers proving the place of residence to determine the competence to make marriage registration.
* Papers to be submitted
- Application forms for marriage registration using the form as prescribed; the two partners may fill out a single application form;
- A certificate from a competent Vietnamese or foreign medical organization certifying that the both applicants have no mental issue or other diseases which prevents their act control;
- A certificate of marital status of a foreigner which is issued by a foreign competent authority, remains valid, and certifies that the holder is being single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the competent authority of the country where such persons reside, certifying the person is eligible for marriage as prescribed in law of such country is required.
The validity of foreigner’s certificate of marital status shall be determined according to the duration stated on such paper. In case the certificate of marital status does not indicate the expiry date, it and the certificate issued by the health facility is only valid for 06 months from the date of issue.
- Foreigners and Vietnamese citizens residing abroad must submit a copy of their passport/other valid substitute papers.
- Certificate of marital status of Vietnamese citizens residing in the country (only applicable for the transitional period).
* In addition to the above documents, depending on each case, the male and female parties must submit or present the following corresponding documents:
- A Vietnamese citizen who obtained divorce or granted marriage annulment at a the foreign competent authority, he/she shall submit a copy of vital records about such divorce or unlawful marriage annulment (documenting divorce record).
- A Vietnamese citizen who is an official/public employee or an armed force official, he/she shall also submit a document issued by the authority certifying that his/her marriage to the foreigner is conformable with regulations of such sector
- If the applicant for marriage registration has been going on business, studying, working under a definite term abroad, he/she must submit a certificate of marital status issued by the Vietnamese diplomatic missions, or consular agents overseas.
* Notes:
- For documents submitted and presented:
+ If the applicant submits copies issued from the master register or certified from originals, the recipient may not require the presentation of the originals; if the applicant submits copies and present their originals, the recipient shall collate them and bear signatures in the copies to certify. The recipient may not require any other copies of these documents.
+ For documents presented for civil registration, the recipient shall inspect and compare them with information in the application, copy or record information for retention purpose and return the documents to the person presenting them, and shall not request copies or photocopies of such documents to be submitted.
+ Civil registration applicants may submit certified copies or copies issued from the master registers or photocopies together with their originals for comparison. In case an applicant submits photocopies and present their originals, the application recipient shall inspect and compare the photocopies with their original and countersign and shall not request the applicant to submit these copies.
+ Papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consularly legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party. Any document written in foreign language shall be translated to Vietnamese; the translation shall be notarized or the translator's signature shall be certified as prescribed by law.
+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law.
Quantity of dossier: 01 set.
Time limit for settlement: 15 days.
Entities carrying out the administrative procedure: Individuals.
The competent authority to decide:
- District-level People’s Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.
- In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People’s Committee of the place of residence of either partner shall register the marriage.
The agency directly carrying out the administrative procedure: District-level Division of Justice shall receive the dossier and advise the district-level People's Committee chairperson to consider and decide.
Coordinating agency: relevant agencies
Results of administrative procedures: The marriage certificate (two originals,
Fees and charges:
According to the fee rate set by the provincial People's Councils. Exemption of fees for people from families with meritorious services to the revolution; poor households; the disabled.
Application and declaration forms: Application form for marriage registration
Requirements and conditions for carrying out the procedure
- The man is full 20 years or older, The woman is full 18 years or older;
- The marriage is voluntarily decided by the man and woman;
- The man and woman do not lose the civil act capacity;
- Vietnamese people residing abroad must have a permanent residence permit issued by competent foreign authorities.
- The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of Law on Marriage and Family, including:
+ Sham marriage;
+ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
+ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
+ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
* The State shall not recognize marriage between persons of the same sex.
Legal bases for the administrative procedure:
- Law on Marriage and Family 2014;
- Law on civil status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 by the Minister of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on civil status;
- Circular 85/2019/TT-BTC dated November 29, 2019 by the Minister of Finance guiding on fees and charges falling under the decision-making authority of the People’s Councils of provinces and centrally run cities.
* Attachments:
Procedures for death registration involving foreign elements
Order of execution:
- An applicant for death registration shall submit the death registration dossiers at the competent district-level People's Committees.
- The recipient shall inspect the entire dossier, compare if documents are appropriate to the application form and they are all valid.
In case of sufficient and satisfactory application, the recipient shall make a receipt note specifying an appointment to give processing results.
In case of insufficient application, the applicant shall be instructed on how to revise the application as per regulations.
In case the applicant cannot revise the application immediately, the recipient shall draw up an instructional document specifying the documents/contents needing to be added and put the recipient’s signature and full name to the document.
Immediately after receiving full papers, if finding that the death registration information is complete and proper, the Justice Division shall report to the Chairman of the district-level People's Committee to grant a Death Certificate Extract to the applicant. Then, the registrar shall record the death registration information in the death registration book. When announcing the civil registration result, the registrar shall instruct the applicant to check the contents of the death certificate and the death registration book. The registrar and applicant shall together sign in the book.
After death registration, the District Division of Justice shall advise Chairman of District People’s Committee to issue a written notice enclosed with the death certificate extract (copy) to the Ministry of Foreign Affairs for notification to the competent agency of the country of which the deceased person is a citizen.
Mode of implementation:
- An applicant for death registration shall directly perform the application dossier at the competent district-level People's Committee
- The person requesting the death registration shall directly perform or authorize another person to perform the death registration;
Dossier of death registration can be submitted in person at the competent district-level People's Committee or sent via the postal system or through the online civil status registration system.
Dossier components:
Papers to be presented:
- Passport/ID card/citizen identity card/another papers containing photo and personal information that has been issued by a competent authority and remaining valid for the applicant’s identity verification purpose.
- Papers proving the last place of residence of a deceased person to determine the competence to register death (only applicable for the transitional stage). In case it is impossible to identify the last place of residence of a deceased person, it is required to present documents proving of the place where such person dies or his/her body is found.
In case the application is sent via a postal service, it must be enclosed with certified copies of the presented papers as mentioned above.
* Papers to be submitted
- An application form for death registration using the form as prescribed
- A death notice or a death notice substitute paper issued by competent authorities.
- Documents/evidences issued by the competent authorities or a valid confirmation of the death for registration of a death that happened a long time ago without a death notice or a death notice substitute paper.
- The power of attorney (certified) as prescribed by law in case of authorization to carry out the death registration. Such certification is not required if the authorized person is a biological sibling, grandparent, parent, child or spouse of the authorizing person.
* Notes:
- For documents submitted and presented:
+ If the applicant submits copies issued from the master register or certified from originals, the recipient may not require the presentation of the originals; if the applicant submits copies and present their originals, the recipient shall collate them and bear signatures in the copies to certify. The recipient may not require any other copies of these documents.
+ Documents presented for civil registration, the recipient shall inspect and compare them with information in the application, copy or record information for retention purpose and return the documents to the person presenting them, and shall not request copies or photocopies of such documents to be submitted.
+ Papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consularly legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party. Any document written in foreign language shall be translated to Vietnamese; the translation shall be notarized or the translator's signature shall be certified as prescribed by law.
+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law.
Quantity of dossier: 01 set.
Time limit for settlement: On the very day of receiving the application. In case the application is received after 15h00 and cannot be resolved immediately, the results will be returned in the next working day. In case of necessity to verify, the time limit for settlement shall not exceed 03 working days.
Entities carrying out the administrative procedure: Individuals.
The competent authority to decide:
- District-level People’s Committees of last places of residence of deceased persons shall register death for foreigners or Vietnamese citizens residing abroad who die in Vietnam.
- In case it is impossible to identify the last place of residence of a deceased person, the district-level People’s Committee of the place where such person dies or his/her body is found shall register his/her death.
The agency directly carrying out the administrative procedure: District-level Division of Justice shall receive the dossier and advise the district-level People's Committee chairperson to consider and decide.
Coordinating agency: None
Results of the administrative procedure: The extract of death certificate (original)
Fees and charges
According to the fee rate set by the provincial People's Councils. Exemption of fees for people from families with meritorious services to the revolution; poor households; the disabled.
Application and declaration forms: Application for death registration
Legal bases for the administrative procedure:
- Law on civil status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 by the Minister of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on civil status;
- Circular 85/2019/TT-BTC dated November 29, 2019 by the Minister of Finance guiding on fees and charges falling under the decision-making authority of the People’s Councils of provinces and centrally run cities.
* Attachments:
Registration to recognize parents and children with foreign elements
Order of execution
- The applicant shall submit dossiers to competent district People's Committees.
- The registrar is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, the applicant shall immediately instruct the applicant to supplement and complete the application according to regulations. In case it is not possible to supplement or complete the dossier immediately, the registrar must make a guiding document, clearly stating the types of papers and contents to be supplemented, completed, signed, and clearly written with the full name, middle name and first name of the registrar.
- The registrar shall verify and post up the recognition of father, mother and child at the headquarters of the district People's Committee for 07 consecutive days, and at the same time send a written request to the Commune People's Committee. The permanent residence of the person recognized as the father, mother or child shall be posted up for a period of 07 consecutive days at the headquarters of the Commune People's Committee.
- If the recognition of father, mother and child is correct and there is no dispute, the Justice Division shall report to the Chairman of the district People's Committee. In case the Chairman of the People's Committee agrees to the settlement, then sign the Extract of registration for recognition of father, mother and child issued to the parties.
- When registering for recognition of father, mother and child, the parties must be present, the registrar shall record in the register of recognition of father, mother and child; instruct the requester to check the contents of the extract for registration of father, mother, child and the register for recognition of father, mother and child, together with the parties to sign in the book.
Method of implementation:
Persons who request registration to recognize parents, children (one or both parties) shall directly submit dossiers to the competent district People's Committees.
Component of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photos and personal information issued by competent authorities, still valid for use to prove the identity of Vietnamese citizens.
- Documents proving the place of residence to determine the authority to register the recognition of parents and children (during the transition period).
* Documents to be submitted
- Declaration for registration of recognition of father, mother and child according to the form.
- Evidence to prove the father-child relationship or the mother-child relationship includes one of the following papers and documents:
+ A document from a medical agency, assessment agency or other competent agency or organization in the country or abroad certifying the paternity and mother-child relationship.
+ In case there is no evidence to prove the father-child relationship or mother-child relationship mentioned above, there must be a written undertaking by the parties to recognize the father, mother and child, and at least two witnesses to witness the father-child relationship or mother-child relationship.
- In case of registration for recognition of father, mother and child between Vietnamese citizens and foreigners or between foreigners, the foreigner must submit a copy of his passport or a valid document in lieu of a passport to prove his identity.
* Notes:
- For documents submitted and presented:
+ In case the person requesting to submit a document as a copy granted from the original book or a certified copy from the original, the registrar is not required to present the original; In case the applicant submits a photocopy enclosed with the original of the document, the registrar is responsible for checking and comparing the photocopy with the original and signing for certification.
+ For documents presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not be required to submit a copy or photocopy of such document.
Documents issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law to be submitted.
- In case the applicant is allowed to make a written commitment on the contents of the civil status registration request, the civil status registration agency must clearly explain the responsibilities and consequences of the untruthful delaration.
The civil status registration agency shall refuse to settle or request the competent agency to cancel the civil status registration result, if there are grounds to determine that the contents are untrue.
Number of application: 01 set.
Time limit for settlement: 15 days.
Entities carrying out administrative procedures: Individuals.
Competent authorities:
The district People's Committee of the place where the registrar is a father, mother or child shall register the recognition of father, mother and child between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between Vietnamese citizens concurrently bearing foreign nationality and Vietnamese citizens or foreigners; between foreigners and one or both parties permanently residing in Vietnam.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the district People's Committee Chairman to consider and decide.
Coordinating agencies: The Commune People's Committee of the place where the people are received a father, mother or child.
Results of administrative procedures: Extract of registration for recognition of father, mother and child (original).
Fees and charges:
According to the fee rates set-out by the provincial People's Councils. Fee exemption for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Declaration for registration of recognition of father, mother and child.
Requirements and conditions for carrying out administrative procedures:
- The receiving party and the received party are father, mother, and child are still alive;
- The recognition of father, mother and child is not disputed.
Legal basis:
- Law on Marriage and Family 2014;
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on Civil Status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges that are decided by the People's Councils of provinces and cities.
* Attachments:
Birth registration combined with registration for recognition of father, mother, and child with foreign elements
Order of execution
- The applicant requesting birth registration and recognition of the father, mother and child shall submit dossiers to competent district People's Committees.
- The registrar is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a guiding document must be made, clearly stating the types of papers and contents that need to be supplemented, completed, signed, and clearly written the full name, middle name, and name of the registrar.
- The registrar shall verify and post up the recognition of father, mother and child at the headquarters of the district People's Committee for 07 consecutive days, and at the same time send a written request to the commune People's Committee. The permanent residence of the person recognized as the father, mother or child shall be posted up for a period of 07 consecutive days at the headquarters of the commune People's Committee.
If it is found that the recognition of father, mother and child is correct, there is no dispute; complete and appropriate birth information, the Justice Division shall report to the Chairman of the district People's Committee. In case the Chairman of the district People's Committee agrees to settle, then signs the extract of registration for recognition of father, mother and child and the birth certificate issued to the applicant. In case parents choose Vietnamese nationality for their children, the registrar shall update birth information according to the instructions to obtain personal identification numbers.
When registering to recognize father, mother and child, the parties must be present, the registrar shall record in the registration book of recognition of father, mother, child, birth registration book; instruct the applicant to check the contents of the birth certificate, the extract for the registration of father, mother, child, the birth registration book and the registration book for the recognition of father, mother and child, together with the parties to sign the Book.
Method of implementation:
Persons who request birth registration and recognition of the father, mother and child (one or two parties) shall submit their application directly at the competent district People's Committee.
Components of the dosier:
* Documents to be presented:
- The passport or identity card or citizen identification card or other papers with photo and personal information attached by a competent authority, still valid for use to prove the identity of the applicant for birth registration and recognition of the father, mother and child;
- Papers proving the residence place to determine the authority to register birth, recognize the father/ mother and child (during the transition period).
- In case the child is born abroad, one of his/her parents as a Vietnamese citizen, or the father and mother are both Vietnamese citizens, whose birth has not yet been registered in a foreign country, and residing in Vietnam, present documents proving the children's lawful entry into Vietnam (such as passports, papers with international travel value stamped by the Immigration Department) and written confirmation receipt from a competent Public Security in Vietnam where the child is residing.
* Documents to be submitted
- Declaration of birth registration according to the form;
- Declaration for registration of recognition of the father, mother and child according to the form.
- Birth certificate.
+ If the birth certificate is not available, the witness's document certifying the birth shall be submitted; if there is no written testimony of the witness, there must be a certificate of birth.
+ In case the child is born in a foreign country, submit a birth certificate or other paper issued by a foreign competent authority certifying that the child was born abroad and the mother-child relationship (if any);
- In case the father or mother or both parents are foreigners, the written agreement of the parents on the selection of nationality for the child must be submitted. In case a parent chooses a foreign nationality for their child, in addition to the written agreement on nationality selection, there must also be a certification from the competent authority of the country of which the child is chosen to bear the nationality that the child has a suitable nationality accordance with the laws of that country.
- The evidence to prove the father-child relationship or the mother-child relationship includes one of the following papers and documents:
+ A document from a medical agency, assessment agency or other competent agency in the country or abroad certifying the father-child relationship and mother-child relationship.
+ In case there is no evidence to prove the father-child relationship and mother-child mentioned above, there must be a written undertaking by the parties to recognize the father, mother and child, and at least two witnesses to witness the father-child relationship and mother-child relationship.
- In case of registration for recognition of father, mother and child between Vietnamese citizens and foreigners or between foreigners, the foreigner must submit a copy of his passport or a valid document in lieu of a passport to prove his identity.
* Notes:
- For documents submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the dossier-receiving person is not required to produce the original; if the requester only submits a photocopy and presents the original, the person receiving the dossier shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared. ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the recipient is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter. , may not be required to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties. Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law to be submitted. .
- In case the civil status registration requester is allowed to make a written commitment on the contents of the civil status registration request, the civil status registration agency must clearly explain to the person making the written commitment about the responsibilities and consequences of the civil status registration request. the legality of untruthful undertakings.
The civil status registration agency shall refuse to settle or request the competent agency to cancel the civil status registration result, if there are grounds to determine that the contents are untrue.
Number of application: 01 set
Time limit for settlement: 15 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
The district People's Committee of the place where the father or mother is a Vietnamese citizen shall register the birth of the child in combination with the recognition of the father, mother and child that one of the requesting parties is a foreigner or Vietnamese citizen residing abroad.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the district-level People's Committee chairperson to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Birth certificate, Extract of registration for recognition of father, mother and child (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Birth registration declaration form, Declaration of registration of father, mother and child recognition
Requirements and conditions for carrying out administrative procedures
- The receiving party and the received party a father, mother, and children are still alive;
- The recognition of father, mother and child is not disputed.
Legal basis:
- Law on Marriage and Family 2014;
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15/ 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Procedures for guardianship registration with foreign elements
Order of execution
- Persons requesting guardianship registration shall submit dossiers to competent district-level People's Committees.
- The recipient is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the person. receive.
- If the conditions are satisfied as prescribed by law, the Justice Division shall report to the Chairman of the district-level People's Committee. In case the chairperson of the district-level People's Committee agrees to settle the case, he/she shall sign an extract for guardianship registration to the requester; civil status officers shall record in the guardianship registration book, guide the guardian registrant to check the contents of the guardianship registration extract and the guardianship registration book, and sign the guardian registrant together with the guardian registrant.
Method of implementation:
- The person requesting guardianship registration directly performs or authorizes another person to carry out the guardianship registration;
- Persons carrying out guardianship registration can submit dossiers directly at the competent district People's Committees or send dossiers via the postal system or submit dossiers through the online civil status registration system.
Components of the dossier:
* Documents to be presented:
- Passport or people's identity card or citizen identification card or other papers with photo and personal information attached by a competent authority, still valid for use to prove the identity of the lover guardian registration request.
- Documents proving the place of residence to determine the guardianship registration authority (during the transition period).
In case the application is sent through the postal system, it must be enclosed with a certified true copy of the above-presented papers.
* Documents to be submitted
- Guardianship registration declaration form.
- A document appointing a guardian according to the provisions of the Civil Code in case of registration of guardian appointment; papers proving the natural guardianship conditions as prescribed by the Civil Code in the case of natural guardian registration. In case there are more than one person eligible to act as natural guardian, an additional written agreement on appointing one person to act as natural guardian shall be submitted.
- Power of attorney (certified) as prescribed by law in case of authorization to carry out guardianship registration. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the principal, the Power of attorney is not required to be authenticated.
* Notes:
- For documents submitted and presented:
+ In case the applicant submits a document as a copy granted from the original book or a certified copy from the original, the registrar is not required to presnet the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared. ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not be required to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member. The documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement: 05 working days for appointment guardian registration, 03 working days for natural guardian registration.
Entities carrying out administrative procedures: Individuals, legal authorities.
Competent authorities:
The district People's Committee of the place of residence of the ward or guardian shall register the guardianship between a Vietnamese citizen and a foreigner residing in Vietnam.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extract of guardianship registration (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Guardianship registration declaration.
Requirements and conditions for carrying out administrative procedures
- The guardianship between Vietnamese citizens and foreigners residing in Vietnam.
- Individuals who fully meet the following conditions may act as guardians:
Having full civil act capacity.
+ Having good moral character and necessary conditions to exercise the rights and obligations of the guardian.
+ Not being a person who is being examined for penal liability or a person who has been convicted but has not yet had his or her criminal record cleared for one of the crimes of intentionally infringing upon the life, health, honor, dignity or property of another person. .
+ Not being the person whose rights have been restricted by the Court.
- A legal person that fully meets the following conditions may act as a guardian:
+ Having civil legal capacity suitable for guardianship.
+ Having necessary conditions to carry out the rights and obligations of the guardian.
Legal basis:
- Civil Code;
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15/ 2015 of the Government detailing some articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Registration of guardianship termination with foreign elements
Order of execution
- Persons requesting registration of guardianship termination shall submit dossiers to the competent district People's Committee.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name of the registrar.
- If the conditions are satisfied as prescribed by law, the Justice Division shall report to the Chairman of the district People's Committee. If the Chairman agrees to the settle, the applicant shall sign an extract for registration of guardianship termination; registrar shall record in the guardianship termination registration book, guide the applicant to check the contents of the guardianship termination registration extract and the guardianship termination registration book and they together sign the Book.
Method of implementation:
- The person requesting registration for guardianship termination directly performs or authorizes another person to submit the guardianship termination registration dossier;
- The applicant for registration of guardianship termination may submit it directly at the competent district People's Committee, or send the dossier via the postal system or submit it through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the people who requests for registration of termination of guardianship.
In case the application is sent through the postal system, it must be enclosed with a certified true copy of the above-presented papers.
* Documents to be submitted
- A form of registration for guardianship termination.
- Papers used as a basis for guardianship termination according to the provisions of the Civil Code.
- The Power of attorney (certified) as prescribed by law in case of authorization to register for guardianship termination. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the Power of attorney is not required to be authenticated.
* Notes:
- For papers to be submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registrar is not required to produce the original; if the requester only submits a photocopy and presents the original, the registra shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared and ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not be required to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement: 02 working days.
Entities carrying out administrative procedures: Individuals, legal authorities.
Competent authorities:
The district People's Committee where the guardianship has been registered shall register the guardianship termination.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extract of guardianship termination registration (original).
Fees and charges: According to the fee rates set by the provincial People's Councils.
Exemption of fees for people from families with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Guardianship termination registration declaration.
Legal basis:
- Civil Code.
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing some articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of some articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15/ 2015 of the Government detailing some articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Change, correction and supplementation of civil status information, re-determination of ethnicity
Order of execution
- Persons requesting change, correction or supplementation of civil status information or ethnicity re-determination shall submit dossiers to competent district People's Committees.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registration.
- If it is found that the change, correction or supplementation of civil status information or ethnicity re-determination is grounded and in accordance with the provisions of civil law and relevant laws, the Justice Division shall report to Chairman of district People's Committee. In case the Chairman of district People's Committee agrees to settle, he/she shall the corresponding extract of change/correction/supplementation of civil status information or ethnicity re-determination; the registrar shall record the changes, corrections and additions of civil status information, ethnicity re-determination; guide the applicant to check the contents of the extract of changes/correction/addition of civil status information/ethnicity re-determination and sign in the Book.
Method of implementation:
- Persons who request registration of change, correction or addition of civil status information or ethnicity re-determination directly or authorize others to do;
- Persons who register for changes, corrections or additions of civil status information or ethnicity re-determination may submit dossiers directly at the competent district People's Committees or send dossiers via the postal system or send it through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the lover request for registration of changes, corrections and supplementation of civil status information, ethnicity re-determination.
- Papers proving the place of residence to determine the competence to register in the case of civil status correction or supplementation, or ethnicity re-determination, which is not at the district People's Committee where the civil status registration was previously registered during the transition period).
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- Declaration for registration of change, correction or supplementation of civil status information, ethnicity re-determination according to the form.
- Documents related to the change, correction or supplementation of civil status information, ethnicity re-determination.
- A written authorization (certified) as prescribed by law in case of authorization to perform the registration of change, correction or addition of civil status information, ethnicity re-determination. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the power of attorney is not required to be authenticated.
* Notes:
- For papers to be submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registrar is not required to produce the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter, may not be required to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member. Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement:
- In the working day for civil status information supplementation, in case of receiving dossiers after 15 hours and not being able to resolve them immediately, the results shall be returned within the next working day.
- 03 working days for civil status change or correction, ethnicity re-determination. In case verification is required, the time limit may be extended for no more than 06 working days.
Subjects carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the civil status has been previously registered or the foreigner's place of residence shall handle the correction and supplementation of civil status information of the foreigner who has registered his/her civil status at a competent agency of Vietnam.
- The People's Committee of the district where the civil status has been previously registered shall handle the change, correction and addition of civil status information and ethnicity re-determination for overseas Vietnamese.
- The People's Committee of the district where the civil status has been registered before or the place of residence of the individual shall handle the change or correction of civil status for Vietnamese citizens aged full 14 years or older residing in the country; redefine the nation.
- The People's Committee of the district where the death was previously registered shall correct the content of the death registration in the Death Declaration Extract or Death Certificate.
- In case of changing, correcting or supplementing civil status information, or re-defining ethnicity, where the civil status work was previously registered at the Justice Division, the settlement competence shall be determined as follows:
+ In case the requester is a Vietnamese citizen residing abroad, the district-level People's Committee of the place of residence before leaving the country shall change, correct and supplement civil status information, re-determine ethnicity;
+ In case the requester is a foreigner residing in Vietnam, the People's Committee of the district where he/she resides shall correct and supplement civil status information.
+ In case the requester is a foreigner who does not reside in Vietnam, the district People's Committee of the locality where the Justice Division has registered the previous civil status shall correct and supplement civil status information.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies: None
Results of administrative procedures: Extract of change/correction/addition of civil status information/ethnicity re-determination (original).
Fees: According to the fee rates set by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form, declaration form: Declaration for registration of change, correction or addition of civil status information, ethnicity re-determination
Requirements and conditions for carrying out administrative procedures
+ The civil status correction shall only be settled after it is determined that there are errors in civil status registration; do not correct the contents of validly issued civil status papers in order to legitimize information on other personal documents and records.
+ The civil status papers are validly issued since January 0, 2016 and the missing civil status information shall be supplemented, if there are papers and documents validly evidenced by competent agencies or organizations.
The request for additional recording of Vietnamese nationality is only applied to civil status papers issued from January 1, 2016, after it is determined that the requester is holding Vietnamese nationality in accordance with the Laws in Vietnam.
Legal basis:
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15/ 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Recording in the civil status Book the marriage of a Vietnamese citizen who has been settled at a competent foreign agency
Order of execution
- The applicant requesting to record in the civil status book the marriage that has been settled at a competent foreign agency (hereinafter referred to as the marriage note) shall submit a dossier at the competent district People's Committee.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- If the request for a marriage record is eligible and does not fall into the case of refusal to record in the marriage record as prescribed, the Justice Division shall report it to the Chairman of the district People's Committee for consideration and decision. If the Chairman of the People's Committee agrees to settle, then sign the extract of the marriage note issued to the applicant; the registrar shall record in the marriage registration Book.
Method of implementation:
- The person requesting the marriage note directly performs or authorizes another person to make the marriage note;
- The person who makes the marriage note can submit the application directly at the competent district People's Committee, or send the application through the postal system or submit the application through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the person requesting the marriage note (identity document);
- Document showing the residence to determine jurisdiction (during the transition period).
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- The Declaration of marriage notes according to the form;
- A copy of the marriage certificate issued by a foreign competent authority;
- If a Vietnamese citizen has divorced or canceled his marriage at a foreign competent authority, he/she must submit an extract of the divorce or annulment recorded in the civil status book).
- The Power of attorney (certified) as prescribed by law in case of authorization to make marriage notes. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the power of attorney is not required to be authenticated.
* Notes:
+ In case the applicant submit a document as a copy granted from the orginal book or a certified copy from the original, the registrar may not require to produce the original; if the applicant only submit a photocopy and presents the original, registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared and ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not be required to submit a copy or photocopy of such document.
The papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement: 12 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
The People's Committee of the district where the Vietnamese citizen is residing.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the district People's Committee Chairman to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extract of marriage notes (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Marriage note declaration form
Requirements and conditions for carrying out administrative procedures:
- Marriages between Vietnamese citizens or foreigners that have been settled at a competent foreign agency shall be recorded in the civil status book if at the time of marriage, the parties satisfy all requirements, conditions for marriage and does not violate the prohibition under the provisions of the Law on Marriage and Family of Vietnam.
- If at the time of registration at a foreign competent authority, the marriage does not meet the conditions for marriage, but does not violate the prohibition prescribed by the Law on Marriage and Family, but at the time of request if the marriage is recorded in the civil status book, the consequences have been overcome or the marriage record is to protect the interests of Vietnamese citizens and children, the marriage is also recorded in the civil status Book.
* Yêu cầu ghi chú kết hôn bị từ chối trong các trường hợp sau:
- Việc kết hôn vi phạm điều cấm theo quy định của Luật Hôn nhân và gia đình.
- Công dân Việt Nam kết hôn với người nước ngoài tại cơ quan đại diện ngoại giao, cơ quan đại diện lãnh sự nước ngoài tại Việt Nam.
Căn cứ pháp lý:
- Luật Hôn nhân và gia đình;
- Luật Hộ tịch năm 2014;
- Nghị định số 123/2015/NĐ-CP ngày 15/11/2015 của Chính phủ quy định chi tiết một số điều và biện pháp thi hành Luật Hộ tịch;
- Thông tư số 04/2020/TT-BTP ngày 28/5/2020 của Bộ Tư pháp hướng dẫn thi hành một số điều của Luật Hộ tịch và Nghị định số 123/2015/NĐ-CP ngày 15/11/2015 của Chính phủ quy định chi tiết một số điều và biện pháp thi hành Luật Hộ tịch;
- Thông tư số 85/2019/TT-BTC ngày 29/11/2019 của Bộ Tài chính hướng dẫn về phí và lệ phí thuộc thẩm quyền quyết định của Hội đồng nhân dân tỉnh, thành phố trực thuộc Trung ương.
* Marriage note request is denied in the following cases:
- The marriage violates the prohibition under the provisions of the Law on Marriage and Family.
- Vietnamese citizens marrying foreigners at diplomatic missions, foreign consular missions in Vietnam.
Legal basis:
- Law on Marriage and Family;
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Ministry of Justice. The Government shall detail a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Recording in the civil status Book the divorce or marriage annulment of Vietnamese citizens that have been settled at a competent foreign agency.
Order of execution
- The person who requests to record in the civil status book the divorce or marriage annulment that has been settled at a competent foreign agency (hereinafter referred to as the divorce note) shall submit a dossier at the competent district People's Committee.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- If it is found that the request for divorce notes is in accordance with the law, the divorce or marriage annulment is not in the case of a petition for enforcement in Vietnam or a petition for non-recognition in Vietnam posted on the website of the Ministry of Justice, the Justice Division shall report to the Chairman of district People's Committee for consideration and decision. In case the Chairman of the People's Committee agrees to settle, then sign the extract of divorce notes issued to the petitioner; the registrar shall record in the Divorce Book.
Method of implementation:
- The person requesting the divorce note directly performs or authorizes another person to make the divorce note;
- The person who makes the divorce notes can submit the dossier directly at the competent district People's Committee or send the dossier via the postal system or submit the dossier through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or citizen identification card or other papers with photo and personal information attached by a competent authority, still valid for use to prove the identity of the lover Divorce note request.
- Papers proving the place of residence to determine the jurisdiction in case Vietnamese citizens from abroad return to permanently reside in Vietnam request divorce notes, Vietnamese citizens who do not permanently reside in Vietnam request divorce records. divorce at the district-level People's Committee of the place of residence before leaving the country (during the transition period).
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- Declaration of divorce notes according to the form;
- A copy of the legally effective divorce judgment, decision on divorce or marriage annulment, divorce agreement or other document recognizing the divorce issued by a competent foreign agency.
- Power of attorney (certified) as prescribed by law in case of authorization to make divorce notes. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the power of attorney is not required to be authenticated.
* Notes:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registra is not required to produce the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter, may not require to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement: 12 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the marriage has been registered or recorded in the civil status book of the previous marriage shall make a divorce note.
In case the marriage or recording of previous marriage is done at the Justice Division, the divorce record is made by the People's Committee of the district where the Vietnamese citizen resides.
In case the previous marriage was registered at the commune People's Committee, the divorce record shall be made by the district People's Committee.
In case a Vietnamese citizen does not permanently reside in Vietnam, the divorce record shall be made by the People's Committee of the district where the Vietnamese citizen resides before leaving the country.
- Vietnamese citizens returning from abroad to permanently reside in Vietnam request a divorce note but the previous marriage was registered at a representative mission or at a foreign competent authority, the divorce record implemented by the People's Committee of the district where the Vietnamese citizen permanently resides.
- Vietnamese citizens residing abroad who request divorce notes for a new marriage but the previous marriage was registered at a representative mission or at a foreign competent authority, the divorce record by the People's Committee of the district where the new marriage application is received.
- In case a Vietnamese citizen who does not permanently reside in Vietnam requests to record a divorce in the civil status book to carry out procedures for new marriage registration at a competent Vietnamese agency, it shall be done at the People's Committee of Vietnam. the people of the district where the marriage was registered before or the place where the new marriage was registered.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the Chairman of district People's Committee to consider and decide.
Coordinating agency: None.
Results of administrative procedures: Extract of divorce notes (original).
Fees and charges: According to the fee rates set by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Divorce note declaration form
Requirements and conditions for carrying out administrative procedures:
- The legally effective judgment or decision on divorce or marriage annulment, a legally effective divorce agreement or another document recognizing the divorce issued by a competent foreign authority does not violate the provisions of Law of Marriage and Family.
- The divorce or marriage annulment of Vietnamese citizens is handled by a foreign competent authority that is not subject to a petition for enforcement in Vietnam or a petition for non-recognition in Vietnam.
- Vietnamese citizens who have divorced, canceled their marriage abroad, and then returned to their home country to reside permanently or carry out procedures for new marriage registration at a competent Vietnamese agency must make a divorce note. In case of multiple divorces or annulment of marriage, only the procedures for noting the most recent divorce or marriage annulment shall be carried out.
Legal basis:
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Ministry of Justice. The Government shall detail a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Recording in civil status Book the other civil status of Vietnamese citizens that have been settled at a competent foreign authority (birth registration; guardianship; receiving a father, mother, child; identification of a father and mother, child; adoption; death declaration; change of civil status).
Order of execution
- The applicant recording in the civil status book the birth registration; guardian; receiving a father, mother, child; identify a father, mother, child; adoption; death declaration; civil status changes that have been settled at a competent foreign agency (hereinafter referred to as recording in the civil status book and other civil status matters) shall submit a dossier to the competent district People's Committee.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name of the registrar.
- If it is found that the request for recording in the civil status book is fully qualified and in accordance with law, the Justice Division shall report the Chairmant of the district People's Committee. If the Chairman of the People's Committee agrees to settle, the corresponding civil status extract shall be issued to the applicant; the registrar shall write notes in the civil status Book as prescribed.
Method of implementation:
- The person who requests to record in the civil status book the other civil status acts directly or authorizes another person to make notes;
- The person who makes the notes can submit the dossier directly at the competent district People's Committee or send the dossier via the postal system or submit the dossier through the online civil status registration system.
Components of the dossier:
* Documents to be presented:
- The passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the request a note on civil status change with foreign elements;
- The documents proving the place of residence to determine the authority to note changes of civil status with foreign elements (during the transition period).
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- The declaration recorded in the civil status Book the Birth Certificate/Declaration to record in the civil status Book the Death Certificate/Declaration to record in the civil status book the adoption/Declaration to record in the civil status Book the guardianship and recognition of a father, mother, child/Declaration to record in the civil status Book the other civil status according to the prescribed form.
- Copies of papers proving that civil status has been settled at a competent foreign agency.
- The Power of Attorney (certified) as prescribed by law in case of authorization to make notes. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the Power of Attorney is not required to be authenticated.
* Notes:
+ In case the applicant requesting to submit the documents as copies granted from the original book or a certified copy from the original, the registrar is not required to present the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For documents presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, the copies of such document may not be required to submit.
The documents issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law.
Number of application: 01 set
Duration for settlement: on the day of receiving the application, in case the application is received after 15 hours and cannot be resolved immediately, the result will be returned in the next working day. In case of verification, the duration for settlement shall not exceed 3 working days.
Subjects carrying out administrative procedures: Individuals
Competent authority:
- The People's Committee of the district where the Vietnamese citizen resides shall record his birth in the civil status book; guardian; accept father, mother, child; identify father, mother, child; adoption; civil status change has been settled at a competent authority of a foreign country.
- The district People's Committee of the place of residence of the person responsible for death declaration shall record in the civil status book that the death declaration has been settled at a competent foreign agency.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the Chairman of district People's Committee to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extracts recording in the civil status book of birth registration/Extracts recording in the civil status book for other civil status affairs (original).
Fees and charges: According to the fee rates set by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: The declaration to record in the civil status book of the birth; The declaration to recordin the civil status book of the death declaration; The declaration to record in the civil status book of child adoption; The declaration to record in the civil status book of guardianship and recognition of father, mother and child; The declaration to record in the civil status book for other civil status affairs.
Legal basis:
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Ministry of Justice. The Government shall detail a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the decision of the People's Councils of provinces and cities.
* Attachments:
Re-registration of births with foreign elements
Order of execution
- The applicant shall submit the dossier to competent district People's Committees.
- The registrar is responsible for checking the whole dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- The Justice Department examines and verifies the dossier.
In case the previous birth registration was done at the commune People's Committee or the Department of Justice, the Justice Division shall send a written request to the commune People's Committee/Department of Justice where the birth registration is performed previously to check and verify the keeping of civil status books.
After receiving the written request, the People's Committee/Department of Justice that has previously registered the birth registration shall check, verify and reply in writing about the civil status book that is still kept or cannot be kept.
In case the birth certificate re-registration papers do not contain information proving the father-child relationship, mother-child relationship, the civil status registration agency shall request in writing the competent police agency for verification. In case the police agency answers that there is no information, the civil status registration agency for shall make a written commitment to the information of the father and mother and determine the birth registration contents.
- After receiving the verification result that the civil status book can no longer be kept at the place where the birth is registered, or after 20 days from the date of sending the written request for verification, no reply has been received. If the dossier is found to be complete, accurate and in accordance with the law, the Justice Division shall report it to the Chairman of the district People's Committee for consideration and decision. If the Chairman of the People's Committee agrees to the settle, he/she shall sign and issue a birth certificate to the applicant. When returning civil status registration results, the registrar shall guide the applicant to check the contents of the birth certificate and the birth registration book; together with theapplicant sign in the Book, issue 01 original birth certificate to the person who is re-registered.
Method of implementation:
- The applicant directly or authorizes another person to perform the re-registration of birth registration;
- The applicant can directly submit their dossiers at the competent district People's Committees or send them through the postal system or submit them through the online civil status registration system.
Components of the dossier:
* Documents to be presented
Passport or ID card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the requester birth re-registration.
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- A birth registration re-registration declaration, made according to the form, which contains the claimant's commitment that all existing papers have been submitted.
- A copy of all dossiers and papers of the applicant or other dossiers, papers and documents containing information related to birth registration contents, including:
+ A valid copy of the birth certificate issued by a competent Vietnamese authority (certified copy from the original, a copy issued from the birth registration book); originals or copies of valid papers to replace Birth certificates issued before 1945 in the North and before 1975 in the South.
+ In case the applicant does not have the above-mentioned documents, he/she must submit a valid copy of the paper issued by a competent Vietnamese agency, such as: ID card or passport; Household registration book, temporary residence book, proof of residence; Diplomas, Certificates, Academic Records issued or certified by a competent authority; Other papers with information about the individual's full name, date of birth.
The applicant for re-registration of birth registration is responsible for submitting all copies of the above-mentioned papers (if any) and must ensure that they have submitted all the papers they have; responsible for the consequences of making false promises.
- A written authorization in accordance with the law in case of authorization to re-register the birth. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the principal, the Power of attorney is not required to be authenticated.
* Notes:
- For documents submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registrar may not require to present the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared. ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not require to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
- In case the civil status registration requester is allowed to make a written commitment on the contents of the civil status registration request, the civil status registration agency must clearly explain to the person making the written commitment about the responsibilities and consequences of the civil status registration request. the legality of untruthful undertakings.
The civil status registration agency shall refuse to settle or request the competent agency to cancel the civil status registration result, if there are grounds to determine that the contents are untrue.
Number of application: 01 set
Time limit for settlement: 05 working days.
In case a written verification is required, the time limit for settlement shall not exceed 25 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the birth was previously registered shall re-register the birth.
- In case the birth registration was previously registered at the commune People's Committee, the re-registration of birth registration shall be carried out by the superior district-level People's Committee.
- In case the birth registration was previously registered at the People's Committee of the province or the Department of Division, the re-registration of birth registration shall be carried out by the People's Committee of the district where the applicant resides; if such person does not reside in Vietnam, it shall be done by the district People's Committee where the Department of Justice's current headquarters is located.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies: Commune People's Committee/Department of Justice where the person requesting re-registration of birth has previously registered his/her birth; Competent police agency.
Results of administrative procedures: Birth certificate (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Birth re-registration declaration form
Requirements and conditions for carrying out administrative procedures
- Vietnamese citizens residing abroad or foreigners who have registered their birth at a competent Vietnamese agency before January 01, 2016 but both the birth registration book and the original birth certificate are lost.
- The applicant is still alive at the time of request for birth re-registration.
- The applicant is responsible for submitting full copies of papers and documents with contents related to birth re-registration.
Legal basis:
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15/ 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Procedures for birth registration with foreign elements for those who already have personal documents and records
Order of execution
- The applicant shall submit dossiers to competent district People's Committee.
- The registrar is responsible for checking the whole dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the contents need to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- The Justice Division shall send a written request to the Commune People's where the applicant resides before leaving the country to examine and verify the applicant's birth registration and the keeping of civil status books.
After receiving the written request, the People's Committee where the verification request is received shall examine, verify and reply in writing whether the applicant has been registered for birth or not; keeping or failing to keep civil status books.
In case the papers do not contain information proving the father-child relatiónhip, mother-children relationship, the civil status registration agency shall make a written request to the competent police agency for verification. In case the police agency answers that there is no information, the civil status registration agency shall make a written commitment about the information of the father and mother and determine the birth registration contents according to the written commitment.
After receiving the verification results or after 20 days from the date of sending the written request for verification without receiving a reply, if the application is found to be complete, accurate and in accordance with the law, the Division of Justice shall report to the Chairman of the district People's Committee for consideration and decision. If the Chairman of the People's Committee agrees to the settlement, he/she shall sign the birth certificate issued to the applicant; the registrar records birth registration information in the birth registration book, guides the applicant to check the contents of the birth certificate and birth registration book, and together sign in the Book.
Method of implementation:
- The applicant directly performs or authorizes another person to perform birth registration;
- The registrar can submit the application directly at the competent district People's Committee, or send the application through the postal system or submit the application through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the relationship of the applicant (identity document).
- Documents proving the place of residence before exiting to determine the birth registration authority.
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- The Declaration of birth registration according to the form.
- A written commitment that the birth certificate has not been registered.
- A copy of all dossiers and papers of the applicant or other dossiers, papers and documents containing information related to birth registration contents, including: ID card or Passport; Household registration book, temporary residence book, proof of residence; Diplomas, Certificates, Academic Records issued or certified by a competent authority; Other papers with information about the individual's full name, date of birth.
The applicant for birth registration is responsible for submitting all copies of the above-mentioned papers (if any) and must ensure that they have submitted all the papers they have; responsible for the consequences of making false promises.
- The Power of attorney (certified) as prescribed by law in case of authorization to carry out birth registration. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the Power of attorney is not required to be authenticated.
* Notes:
- For documents submitted and presented:
+ In case the applicant requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registrar is not required to present the original; if the requester only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter, may not require to submit a copy or photocopy of such document.
The papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit. .
- In case the civil status registration requester is allowed to make a written commitment on the contents of the civil status registration request, the civil status registration agency must clearly explain to the person making the written commitment about the responsibilities and consequences of the civil status registration request. the legality of untruthful undertakings.
The civil status registration agency shall refuse to settle or request the competent agency to cancel the civil status registration result, if there are grounds to determine that the contents are untrue.
Number of records: 01 set
Time limit of settlement: 05 working days; In case verification is required, the duration shall not exceed 25 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
District People's Committee of the place of residence before exiting Vietnam for residing abroad.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies:
The People's Committee of the commune where the applicant for birth registration resides before leaving the country; Competent police agency.
Results of administrative procedures: Birth certificate (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Birth registration declaration form
Requirements and conditions for carrying out administrative procedures
Vietnamese residing abroad, who have not yet registered their birth certificates at a Vietnamese competent authority, have a personal profile and papers (original or a duly certified copy) such as: identity document; Household Registration book; Temporary Residence Book; other papers issued by competent Vietnamese state agencies, including the place of birth in Vietnam.
Legal basis:
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Procedures for marriage re-registration with foreign elements
Order of execution
- Persons who request marriage re-registration shall submit dossiers to competent district People's Committees.
- The registrar is responsible for immediately checking the entire dossier, determining the validity of the papers in the dossier submitted or presented by the requester; compare the information in the declaration with the documents in the dossier.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, it shall immediately guide the applicant to supplement and complete the application according to regulations; in case it is not possible to supplement or complete the dossier immediately, the registrar must make a guiding document, clearly stating the types of papers and contents to be supplemented, completed, signed, and clearly written the full name of the registrar.
- After receiving the dossier, the Justice Department examines and verifies the dossier.
In case the previous marriage registration was done at the commune People's Committee or the Department of Justice, the Justice Division shall request in writing the commune People's Committee/Department of Justice where the marriage was previously registered to check, verify the keeping of civil status books.
After receiving the written request, the Department of Justice/commune People's Committee shall examine, verify and reply in writing whether the civil status book is still kept or cannot be kept.
After receiving the verification result that the civil status book can no longer be kept at the place where the marriage is registered, or after 20 days from the date of sending the written request for verification without receiving a written reply, If the dossier is found to be complete, accurate and in accordance with the law, the Justice Division shall report it to the Chairman of the district People's Committee for consideration and decision. In case the Chairman of the People's Committee agrees to settle, then sign 02 marriage certificates issued to the applicant.
- The Justice Department organizes the awarding of marriage certificates to both male and female parties; The registrar records the marriage in the marriage register, the registrar guides the male and female parties to check the contents of the marriage certificate and the marriage register, if both parties find that the content is correct and consistent with the marriage registration dossier, the registrar together with the male and female parties shall sign in the Book; both male and female parties sign the Marriage Certificate.
* Notes:
- For documents submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the dossier-receiving person is not required to produce the original; if the requester only submits a photocopy and presents the original, the person receiving the dossier shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not require to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Method of implementation:
The person who requests for marriage re-registration must directly submit the dossier at the competent district People's Committee (the male or female party can directly submit the dossier without the written authorization of the other party).
Components of profile:
* Documents to be presented
Passport or ID card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of both parties requesting re-registration of marriage.
* Documents to be submitted
- Marriage re-registration declaration form;
- Copy of previously issued Marriage Certificate. If a copy of the marriage certificate is not available, a copy of the profile and personal papers with information related to the content of the marriage registration shall be submitted.
Number of application: 01 set
Time limit for settlement: 05 working days; In case verification is required, the duration for settlement shall not exceed 25 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the marriage was previously registered.
- In case the previous marriage was registered at the communel People's Committee, the re-registration shall be carried out by the district People's Committee.
- In case the previous marriage was registered at the People's Committee of the province or the Department of Justice, the re-registration shall be carried out by the People's Committee of the district where the applicant resides; if such person does not reside in Vietnam, it shall be done by the district People's Committee where the Department of Justice is located.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the Chairman of district People's Committee to consider and decide.
Coordinating agencies: Commune People's Committee/Department of Justice where the marriage was previously registered.
Results of administrative procedures: Marriage certificate (original), 1 copy for each spouse.
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Marriage re-registration declaration
Requirements and conditions for administrative procedures:
- The marriage was registered at a competent authority of Vietnam before January 01, 2016 but the marriage registration book and the original marriage certificate are lost.
- Both parties requesting re-registration of marriage are alive at the time of request for re-registration of marriage.
Legal basis:
- Law on Family and Mariage;
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15/ 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the decision of the People's Councils of provinces and cities.
* Attachments:
Re-registration of death declarations with foreign elements
Order of execution:
- Persons requesting re-registration of death declarations shall submit dossiers to the competent district People's Committees.
- The registrar is responsible for immediately checking the whole dossier, determining the validity of the papers in the dossier submitted or presented by the applicant; compare the information in the declaration with the documents in the dossier.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- After receiving the dossier, the Justice Department examines the dossier and conducts verification (if necessary).
- After checking and verifying, if the death declaration information is found to be complete and accurate, and the re-registration is in accordance with the law, the Justice Division shall report it to the Chairman of the districtl People's Committee for consideration and decision. In case the Chairman of the district People's Committee agrees to the settlement, the death declaration extract shall be issued to the applicant; the registrar shall record in the death registration book, guides the applicant to check the contents of the death declaration extract and the death registration book, and jointly sign the death declaration with the re-registrant. .Method of implementation:
- The person requests the re-registration of death directly or authorizes another person to re-register the death;
- Persons who carry out the re-registration of death declarations can directly submit dossiers at the competent district People's Committees or send them through the postal system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, valid for use to prove the relationship of person for re-registration of death.
In case the application is sent via the postal system, it must be enclosed with a certified true copy of the above-mentioned documents.
* Documents to be submitted
- Declaration of re-registration of death according to the form;
- A valid copy of the previously issued Death Certificate. If there is no valid copy of the previously issued death certificate, a copy of relevant dossiers and papers with contents proving the death event shall be submitted.
- A written authorization as prescribed by law in case of authorization to re-register the death. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the Power of Attorney is not required to be authenticated.
* Notes:
- For documents submitted and presented:
+ In case the applicant submit a document is a copy granted from the originalr book or a certified copy from the original, the registrar may not require to present the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared. ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter, may not require to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require the applicant to submit additional papers.
Number of application: 01 set
Time limit for settlement: 05 working days; in case verification must be carried out, the durationshall not exceed 10 working days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the death declaration is registered for foreigners or Vietnamese citizens residing abroad previously shall re-register the death;
- In case the previous death registration was carried out at the commune People's Committee, the district People's Committee shall re-register the death;
- Where the previous death registration was done at the People's Committee of the province or the Department of Justice, the People's Committee of the district where the applicant resides shall perform; if the petitioner does not reside in Vietnam, the district People's Committee of the place where the Department of Justice's current headquarters is located shall re-register the death.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the district People's Committee chairperson to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extract of death declaration (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form, declaration form: Death re-registration declaration form
Requirements and conditions for carrying out administrative procedures:
The death declaration of a Vietnamese citizen residing abroad or of a foreigner registered at a competent Vietnamese agency before January 01, 2016 but the death registration book and the original death certificate are both lost.
Legal basis:
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2020. 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Issuance of copies of civil status extracts
Order of execution:
- Persons who request for issuance of copies of civil status extracts shall submit dossiers to competent civil status database management agencies.
Where a competent agency or organization requests the grant of a copy of an individual's civil status extract, a written request clearly stating the reason shall be sent to the civil status database management agency.
- The receiver is responsible for checking and comparing the information in the declaration and the validity of the papers presented or submitted by the requester.
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the application is incomplete or incomplete, the applicant shall be instructed to supplement and complete the application according to regulations; in case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the types of papers and contents to be supplemented, completed, signed, clearly stating the full name of the recipient.
- Immediately after receiving the dossier, if the dossier is found to be complete and appropriate, the civil status officer shall base on the civil status database, record the contents of a copy of the civil status extract, and report it to the head. The agency managing the civil status database shall sign and issue a copy of the civil status extract to the requester.
Method of implementation:
- The applicant directly submit or authorizes another person to perform the request for the grant of a copy of the civil status extract;
- The applicant can directly submit the application; Agencies and organizations that request the issuance of a copy of civil status extracts may directly submit a written request at the competent civil status database management agency or send a request file or request via the postal system.
Components of the dossier:
* Documents to be presented:
- Passport or ID card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the applicant.
In case the application is sent through the postal system, it must be enclosed with a certified true copy of the above-presented papers.
* Documents to be submitted
- A declaration for issuance of a copy of the civil status extract, made according to the form, in case the requester is an individual.
- A written request for issuance of a copy of civil status extract, clearly stating the reason in case the applicant is an agency or organization.
- A written authorization as prescribed by law in case of authorization to make a request for a copy of civil status extract. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the authorizing other person, the Power of Attorney is not required to be authenticated.
* Notes:
+ In case the applicant submits a document as a copy issued from the original book or a certified copy from the original, the registrar may not require to present the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, asked the applicant to submit a copy of that document.
+ Where the law requires the presentation of papers upon civil status registration, the registrar is responsible for checking the presented papers, comparing them with the information in the declaration, and returning them to the presenter, unsolicited, the applicant shall submit additional copies of such papers. The registrar can take 01 copy of the presented paper or record the information of the presented paper for record keeping.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require to submit additional papers which are not required by civil status law to be submitted.
Number of application: 01 set
Time limit for settlement: on the day of receiving the application; In case the application is received after 15 hours and cannot be resolved immediately, the results will be returned in the next working day.
Entities carrying out administrative procedures: Individuals.
Agency carrying out administrative procedures: Civil status database management agency.
Results of administrative procedures: Copy of civil status extract
Fees and charges: 8,000 VND/copy of Registered civil status extract/event
Application form and declaration: Declaration for issuance of a copy of civil status extract
Legal basis:
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular 04/2020/TT-BTP detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Civil Status Law;
- Circular No. 281/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance stipulating the collection rate, mode of collection, payment, management and use of fees for exploitation and use of information in the Database civil status, fee for confirmation of Vietnamese nationality, fee for certification of Vietnamese origin, fee for nationality.
* Attachments:
Procedures to issue Investment Registration Certificate for projects not subject to approval of investment policy.
a) Order of execution:
- Step1: The investor shall submit a complete application for issuing the Investment Registration Certificate specified in Clause 1, Article 33 of the Law on Investment to the Department of Planning and Investment. In case the investment project to be implemented in 02 or more provincial-level administrative units, the investor shall submit the dossier to the Department of Planning and Investment of a province/city directly under the central government where the investor plans to set up an executive office in order to apply for the Investment Registration Certificate for the project.
* In case of online submission on the National Investment Information System: the investor shall register an account on the National Investment Information System; declare information, download digitally signed electronic documents on the National Investment Information System; then complete the dossier on the National Investment Information System (according to the announcement of the Department of Planning and Investment);
Step 2:
- The Department of Planning and Investment issue an Investment Registration Certificate.
b) Method of implementation:
- Submitting in person at the Department of Planning and Investment .
- Submitting online at the National Information System on investment.
c) Dossier components:
- An application for investment project implementation, including a commitment to bear all costs and risks if the project is not approved;
- Relevant papers on the investor’s legal entity;
- Proof of the investor’s financial capacity, including at least one of the following documents: financial reports in the two latest years; parent company’s commitment of financial support; commitment of financial support from a financial organization; guarantee of financial capacity of the investor; other documents proving financial capacity of the investor;
- Investment project proposal including the following information: investor or investor selection modality, investment objective, investment scale, capital and capital mobilization option, location, timeframe, progress, land use status of the project location and proposed land use need (if any), demand on labor force, proposed investment incentive, impact, social-economic effect, preliminary environmental impact assessment (if any) as per the environment protection law.
In case the construction law requires a pre-feasibility study, the investor is entitled to submit the pre-feasibility study instead of the investment project proposal.
- If the investment project does not require land allocation, land lease, or change of land use status, it is requested to attach a copy of land use right or other documents confirming the use of the location for the investment project;
- Statement of technology used in the investment project should it be required to technology verification or consultation, by law on technology transfer;
- Business Cooperation Contract for the investment project under BCC;
- Other documents related to the investment project, conditions and capacity of the investor as per laws (if any).
(*) For those projects in implementation progress, the investor shall submit dossier as specified Clause 1 Article 36 Decree No. 31/2021/NĐ-CP, in which, the investment project proposal is replaced by an investment project implementation report, from the beginning to the time requesting for an Investment Registration Certificate.
d) Quantity of dossiers: 01 set.
đ) Time limit for settlement: 15 days.
Within 15 days from the date of receipt of a valid dossier and the project sufficiently meets the conditions specified in Clause 3, Article 36 of Decree No. 31/2021/ND-CP, the Department of Planning and Investment shall issue an Investment Registration Certificate.
e) Agency carrying out administrative procedures The Department of Planning and Investment receives the dossier and issues Investment Registration Certificate.
g) Entities carrying out administrative procedures:
- Domestic investors with demand of Investment Registration Certificates;
- Foreign investors;
- Economic organizations with foreign capitals as specified in Point a, b and c Clause 1 Article 23 of the Law on Investment.
h) Results of administrative procedures:
Investment Registration Certificate as per Form A.II.8 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fees and charges: Nil.
k) Templates and forms:
- Application for investment project implementation as per Form A.I.6 enclosed with Circular 03/2021/TT-BKHĐT.
- Investment project proposal as per Form A.I.4 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for the procedures:
- Investment projects are not subject to approval of investment policy
- Not belong to industries or sectors banned from investment and business as prescribed in Article 6 of the Law on Investment and international treaties on investment;
- Having a location for implementation of an investment project, determined on the basis of a valid copy of the land use right document or a valid copy of the location lease agreement or other document determining the right to use the site to carry out investment projects;
- Investment projects are in line with plans as regulated in Clause 7 Article 31 of Decree 31/2021/NĐ-CP;
- Meeting the conditions on investment unit cost on a land area prescribed by the Provincial People's Committee based on the actual conditions of the province and approved by the Standing Provincial People's Council (if any), the number of employees employed (if any);
- Meeting the conditions accessing the market in case of foreign investors.
m) Legal basis for procedures:
- Law on Investment No. 61/2020/QH14 dated 17 June 2020.
- Decree No. 31/2001/NĐ-CP dated 26 March 2021
- Circular No. 03/2021/TT-BKHĐT dated 09 April 2021
* Attachments:
Procedures for investment in forms of capital contribution/share purchase/purchase of contributed capital by foreign investors.
a) Order of execution:
- Step 1: Foreign-invested economic organization investing in the form of capital contribution, share purchase or purchase of contributed capital in the cases specified in Clause 2, Article 26 of the Law on Investment shall submit 01 dossier for registration of capital contribution or share or capital contribution purchase to the Department of Planning and Investment of the locality where the head office of the concerned economic organization is located.
- Step 2: The Department of Planning and Investment shall consider the satisfaction of conditions for capital contribution, share purchase or capital contribution as prescribed in Clause 2 Article 24 of the Law on Investment, Clause 4 Article 65 of Decree No. 31/2021/NĐ-CP and then notify the investors, except for the cases specified in Clause 4 Article 66 of Decree No. 31/2021/NĐ-CP. Written notices shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.
In case an economic organization has a foreign investor contributing capital, buying shares or buying a contributed capital portion having certificates of land use on islands, communes, wards that border or coastal communes, wards or other townships affecting national defense and security, the Department of Planning and Investment shall carry out the following procedures:
- Step 3: The Department of Planning and Investment shall consult the Ministry of National Defense and the Ministry of Public Security on the reply to conditions specified at point b clause 4 Article 65 of Decree No. 31/2021/NĐ-CP;
- Step 4: The Ministry of National Defense and the Ministry of Public Security shall give opinions on the satisfaction of conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions; If the request is not made within the time limit, it shall be deemed to have agreed to meet the conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase shares capital;
- Step 5: The Department of Planning and Investment shall consider the satisfaction of conditions for capital contribution, share purchase or capital contribution as prescribed in Clause 2 Article 24 of the Law on Investment, Clause 4 Article 65 of Decree No. 31/2021/NĐ-CP and based on the opinions of the Ministry of National Defense and the Ministry of Public Security to notify the investors. Written notices shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.
b) Method of implementation:
- Submitting in person at the Department of Planning and Investment.
- Submitting via post office.
c) Dossier components:
- A written registration for capital contribution, share purchase or capital contribution purchase includes the following: information on enterprise registration of the economic organization which foreign investor intends to contribute capital, purchase shares, or purchase capital contribution; business sector; list of owners, members, founding shareholders, list of foreign owners, members, shareholders (if any); ratio of ownership of charter capital of foreign investors before and after capital contribution, share purchase, purchase of capital contribution; expected transaction value of the contract of capital contribution, share purchase, purchase of capital contribution; information on investment projects of economic organizations (if any);
- Copies of legal papers of individuals, organizations contributing capital, buying shares, purchasing capital contributions and economic organizations with foreign investors contributing capital, buying shares, purchasing capital contributions;
- Written agreement in principle on capital contribution, share purchase, purchase of capital contribution between foreign investors and economic organizations which foreign investors contribute capital, purchase shares, purchase capital contribution, or between foreign investors with shareholders or members of that economic organization;
- A copy of land use rights certificate of the economic organization with foreign investors contribute capital, purchase shares or purchase capital contributions (for the case specified at Point b, Clause 4, Article 65 of Decree No. 31/ 2021/ND-CP).
d) Quantity of dossier: 01 set.
đ) Time limit for settlement: 15 days.
- Within 15 days after receiving valid applications, the Department of Planning and Investment shall consider the satisfaction of conditions for capital contribution, share purchase or capital contribution as prescribed in Clause 2 Article 24 of the Law on Investment, Clause 4 Article 65 of Decree No. 31/2021/NĐ-CP and based on the opinions of the Ministry of National Defense and the Ministry of Public Security to notify the investors. Written notices shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.
- In case an economic organization has a foreign investor contributing capital, buying shares or buying a contributed capital portion having certificates of land use on islands, communes, wards that border or coastal communes, wards or other townships affecting national defense and security, the Department of Planning and Investment shall carry out the following Time limit for settlement:
+ Within 03 working days from the date of receiving valid documents as prescribed in Clause 2 of this Article, the Department of Planning and Investment shall consult the Ministry of National Defense and the Ministry of Public Security on the reply to conditions specified at point b clause 4 Article 65 of Decree No. 31/2021/NĐ-CP;
+ Within 07 working days from the date of receipt of the written request from the Department of Planning and Investment, the Ministry of National Defense and the Ministry of Public Security shall give opinions on the satisfaction of conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions; If the request is not made within the time limit, it shall be deemed to have agreed to meet the conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions;
+ Within 15 days after receiving valid applications, the Department of Planning and Investment shall consider the satisfaction of conditions for capital contribution, share purchase or capital contribution as prescribed in Clause 2 Article 24 of the Law on Investment, Clause 4 Article 65 of Decree No. 31/2021/NĐ-CP and based on the opinions of the Ministry of National Defense and the Ministry of Public Security to notify the investors. Written notices shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.
e) Agency carrying out administrative procedures:
The Department of Planning and Investment receives the application, informs the foreign investor and economic organizations with foreign investor contributing capital, buying share, buying capital contributions.
g) Entities carrying out administrative procedures:
- Economic organizations with foreign investors, economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment contribute capital, purchase shares, purchase capital contributions.
- Foreign investor, economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment contribute capital, purchase shares, purchase capital contributions to the economic organizations.
h) Results of administrative procedures:
Notice on the satisfaction of conditions for contributing capital, purchasing shares, purchasing capital contributions of foreign investors as Form A.II.20 enclosed with Circular No. 03/2021/TT-BKHĐT.
i) Fees and charges: Nil.
k) Templates and forms:
Application for capital contribution, share purchase, purchase of contributed capital by foreign investors as Form A.I.7 enclosed with Circular No. 03/2021/TT-BKHĐT.
l) Requirements and conditions for administrative procedures:
- The contribution of capital, purchase of shares, purchase of contributed capital increases the foreign investor’s ownership ratio in economic organizations engaged in business lines with conditional market access for foreign investors;
- The contribution of capital, purchase of shares, purchase of contributed capital leads to the fact that foreign investors and economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment hold more than 50% of the charter capital of economic organizations in the following cases: increasing the foreign ownership ratio of the charter capital from less than or equal to 50% to over 50%; increase the foreign ownership ratio of charter capital when foreign investors already own more than 50% of charter capital in economic organizations.
- Foreign investors contribute capital, purchase shares or purchase capital contributions from economic organizations with land use right certificates in islands and border communes, wards and townships; coastal communes, wards and towns; other areas affecting national defense and security, except for economic organizations implementing investment projects in industrial parks, export-processing zones, hi-tech zones and economic zones established under the Government's regulations.
m) Legal basis for procedures:
- Law on Investment No. 61/2020/QH14 dated 17 June 2020.
- Decree No. 31/2001/NĐ-CP dated 26 March 2021
- Circular No. 03/2021/TT-BKHĐT dated 09 April 2021
* Attachments:
Procedures for establishment of executive offices by a foreign investor in a Business Cooperation Contract (BCC).
a) Order of execution:
- Step 1: The foreign investor in a Business Cooperation Contract shall submit a complete application for establishment of executive office to the Department of Planning and Investment of the locality where the investor plans to set up an executive office.
- Step 2: Within 15 days from the date receiving the application, the Department of Planning and Investment grants Operation Registration Certificate for the Executive Office for the foreign investor in BCC.
b) Method of implementation:
- Submitting in person at the Department of Planning and Investment.
- Submitting via post office.
c) Dossier components:
- The application for establishment of executive office shall include: name and address of the representative office in Vietnam (if any) of the foreign investor in BCC; name and address of executive office; operation content, duration and scope of the executive office; full name, resident address, identification card number or passport of the head of the executive office;
- Decision of the foreign investor in BCC regarding the establishment of executive office;
- A copy of decision appointing the head of the executive office;
- A copy of BCC.
d) Quantity of dossier: 01 set.
đ) Time limit for settlement: 15 days.
Within 15 days from the date receiving the application, the Department of Planning and Investment grants an Operation Registration Certificate for the Executive Office for the foreign investor in BCC.
e) Agency carrying out administrative procedures:
The Department of Planning and Investment where the executive office is located will grant the Operation Registration Certificate for the Executive Office for the foreign investor in BCC.
g) Entities carrying out administrative procedures: Foreign investors.
h) Results of administrative procedures:
Operation Registration Certificate for the Executive Office as Form A.II.12 enclosed with Circular No. 03/2021/TT-BKHĐT.
i) Fees and charges: Nil.
k) Templates and forms:
Application for establishment of Executive Office for the foreign investor in a business cooperation contract as Form A.I.8 enclosed with Circular No. 03/2021/TT-BKHĐT.
l) Requirements and conditions for administrative procedures:
The BCC is signed between a domestic investor and a foreign investor or between foreign investors who carry out procedures for grant of an Investment Registration Certificate according to Article 38 of the Law on Investment.
m) Legal basis for administrative procedures:
- Law on Investment No. 61/2020/QH14 dated 17 June 2020.
- Circular No. 03/2021/TT-BKHĐT dated 09 April 2021.
* Attachments:
Procedures to terminate the operation of executive offices of foreign investors in BCC.
a) Order of execution:
- Step 1: The foreign investor shall send notification dossiers to the Department of Planning and Investment where the executive office is located.
- Step 2: The Department of Planning and Investment decides to revoke the Operation Registration Certificate for the Executive Office.
b) Method of implementation:
- Submitting in person at the Department of Planning and Investment.
- Submitting via post office.
c) Dossier components:
- A decision to terminate the operation of the executive office in case the office shuts down before due;
- List of creditors and the debt paid;
- The list of employees, their rights and interests settled;
- Confirmation by the Department of Tax on the completion of tax duties;
- Confirmation by social insurance agency on the completion of social insurance duties;
- Certificate for the registration of executive office;
- A copy of Investment Registration Certificate;
- A copy of business cooperation contract.
d) Quantity of dossier: 01 set.
đ) Time limit for settlement: 15 days.
Within 07 working days from the date of issuance of the decision to terminate the operation of the executive office, the foreign investor shall send a notification dossier to the Department of Planning and Investment where the executive office is located.
Within 15 days from the date receiving the application, the Department of Planning and Investment decides to revoke the Operation Registration Certificate for the Executive Office.
e) Agency carrying out administrative procedures: The Department of Planning and Investment decides to revoke the Operation Registration Certificate for the Executive Office.
g) Entities carrying out administrative procedures:
Foreign investors.
h) Results of administrative procedures:
A Decision on revocation of Operation Registration Certificate for the Executive Office as Form A.II.13 enclosed with Circular No. 03/2021/TT-BKHĐT.
i) Fees and charges: Nil.
k) Templates and forms:
Notice of termination of the operation of executive offices of foreign investors in a business cooperation contract as Form A.I.10 enclosed with Circular No. 03/2021/TT-BKHĐT.
l) Requirements and conditions for administrative procedures:
Foreign investors request the termination of operation of the executive offices.
m) Legal bases of administrative procedures:
- Law on Investment No. 61/2020/QH14 dated 17 June 2020.
- Circular No. 03/2021/TT-BKHĐT dated 09 April 2021.
* Attachments:
Issuance of a license to establish a representative office of a foreign trader in Vietnam
a. Order of execution:
- Step 1: Foreign traders wishing to issue a representative office establishment license prepare dossiers as prescribed.
- Step 2:
+ Traders submit dossiers at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
+ Officials receiving and checking dossiers:
If the application is complete and valid, a receipt shall be written and delivered to the trader.
In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to fully supplement the dossier as prescribed.
- Step 3: Traders receive the results at the Provincial Center for Service and Control of Administrative Procedures of the province, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct methods or postal services.
b. Method of implementation:
- Documents submitted at the Provincial Center for Service and Control of administrative procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct method or via postal service.
- Return the results at the Center for Service and Control of administrative procedures of the province, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province through direct method or via postal service.
- Time for submission: during office hours on working days from Monday to Friday of the week (morning: from 7:15 to 11:15, afternoon: from 13:30 to 16:30).
c. Components of the dossier:
1. An application form for isuance of a license to establish a representative office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
2. A copy of the foreign trader's business registration certificate or paper of equivalent value;
3. The document of the foreign trader appointing the head of the representative office;
4. A copy of the audited financial statement or a written certification of the fulfillment of tax or financial obligations in the latest fiscal year or a paper of equivalent value issued by a competent agency or organization in the locality that established foreign traders grant or certify and prove the existence and operation of foreign traders in the latest fiscal year;
5. Copy of passport or identity card or citizen identification card (if Vietnamese) or passport copy (if foreigner) of the head of the representative office;
6. Documents on the proposed location of the representative office's headquarters, including:
- A copy of the memorandum of understanding or agreement to rent the location or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;
- A copy of the document on the proposed location of the representative office of the foreign trader must conform to the provisions of Vietnamese law on security, order, occupational safety and health conditions and other conditions as prescribed by law; Representative offices are not allowed to lend or sublease their headquarters.
7. Documents specified at Point b, Point c, Point d and Point đ (for the case that the passport copy of the head of the representative office is a foreigner) in Section 4.1 must be translated into Vietnamese and certified accordance with the provisions of Vietnamese law. A copy of the business registration certificate or equivalent document of the foreign trader, which must be certified or legalized by a diplomatic mission or consular office of Vietnam abroad in accordance with regulations of Vietnamese law.
d. Number of application: 01 set.
đ. Time limit for settlement
1. Within 03 working days from the date of receipt of the application, the agency granting license shall examine and request supplementation if the application is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
2. Except for the case specified at Point 3, within 05 working days from the date of receipt of complete and valid dossiers, the licensing agency shall grant or refuse to grant a license to establish a representative office for the foreign trader. In case of refusal, there must be a written explanation clearly stating the reason.
3. In case the operation contents of the representative office do not conform to the commitments of Vietnam or the foreign trader is not a member of a country or territory participating in an international treaty to which Vietnam is a contracting party and the case if the establishment of a representative office has not been prescribed in specialized legal documents, the licensing agency shall send a written request to the specialized management ministry within 03 working days from the date of receipt of valid documents. Within 05 working days from the date of receipt of the written request for opinions from the licensing agency, the Ministries of specialized management shall issue a written document stating their agreement or disagreement with the licensing of establishment of a representative office. Within 5 working days from the date of receipt of opinions from the specialized management ministry, the licensing agency shall grant or refuse to grant a license to establish a representative office for the foreign trader. In case of refusal, there must be a written explanation clearly stating the reason.
e. Entities carrying out administrative procedures: Foreign traders.
g. Agency carrying out administrative procedures:
- Competent authority to decide: Department of Industry and Trade.
- The agency directly implementing administrative procedures: Department of Industry and Trade.
h. Result of administrative procedures: License.
i. Fees and charges: 3,000,000 VND/license
k. Application form and declaration:
An application for granting or re-granting of a representative office establishment license, made according to Form MD-1 of the Appendix issued with Circular No. 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade.
l. Requirements and conditions for carrying out administrative procedures:
Foreign traders may be granted a representative office establishment license when fully meeting the following conditions:
- Foreign traders may establish and register their business in accordance with the laws of countries or territories participating in international treaties to which Vietnam is a contracting party or recognized by the laws of these countries and territories;
- Foreign traders have operated for at least 01 year from the date of establishment or registration;
- In case the foreign trader's business registration certificate or paper of equivalent validity stipulates the operation term, time limit must be at least 01 year from the date of application submission.
- The operation contents of the representative office must be consistent with Vietnam's commitments in international treaties to which Vietnam is a contracting party;
- In case the operation contents of the representative office do not conform to the commitments of Vietnam or the foreign trader is not a member of a country or territory participating in an international treaty to which Vietnam is a contracting party, the establishment of Representative offices must be approved by ministers or heads of ministerial-level agencies in charge of specialized management (collectively referred to as Ministers of specialized management).
m. Legal basis:
- Commercial Law 2005;
- Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam;
- Circular No. 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade regulating the form of implementation of Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing Commercial Law on Representative Offices and Branches of Foreign Traders in Vietnam;
- Circular No. 143/2016/TT-BTC dated September 26, 2016 of the Ministry of Finance stipulating the rate, collection and payment of fees for licensing the establishment of representative offices of foreign trade promotion organizations, foreign traders in Vietnam.
* Attachments:
Re-issuance of the License for Establishment of Representative Offices of Foreign Traders in Vietnam
a. Order of execution:
- Step 1: Foreign traders wishing to re-grant a representative office establishment license prepare dossiers as prescribed.
- Step 2:
+ Traders submit dossiers at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
+ Officials receiving and checking dossiers:
If the application is complete and valid, a receipt shall be written and delivered to the trader.
In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to fully supplement the dossier as prescribed.
- Step 3: Traders receive the results at the Center for Service and Control of administrative procedures of the province, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct methods or through postal services.
b. Method of implementation:
- Documents submitted at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct method or via postal service.
- Return the results at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province through direct method or via postal service.
- Time to receive documents: at office hours on working days from Monday to Friday of the week (morning from 7:15 to 11:15, afternoon 13:30 to 16:30).
c. Components of the dossier:
1. In case of re-issuance of a representative office establishment license in case the representative office is relocated from a province, centrally-run city, or geographical area under its management a Management Board to another province, centrally-run city or geographical area under the management of another Management Board, a dossier includes:
- An application form for re-grant of a representative office establishment license, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
- Notice of termination of operation of a representative office, made according to the form of the Ministry of Industry and Trade, deposited by a competent representative of the foreign trader to the License-issuing agency of the place where it is relocated, unless it is revoked the License for establishment of representative office.
- A copy of the granted representative office establishment license.
- Documents on the proposed location of the representative office to move to, including:
+ A copy of the memorandum of understanding or agreement to rent the location or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;
+ A copy of the document on the proposed location for the head office of the representative office of the foreign trader must conform to the provisions of Vietnamese law on security, order, occupational safety and health conditions and other requirements as prescribed by law; Representative offices are not allowed to lend or sublease their headquarters.
2. In case of re-issuance of a representative office establishment license in case the representative office establishment license is lost, destroyed, damaged in any form, the application shall include: request for re-issuance of the License for the establishment of a Representative Office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
d. Number of application: 01 set
đ. Time limit for settlement:
- Within 03 working days from the date of receipt of the dossier, the licensing agency shall examine and request supplementation if the dossier is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
- Within 03 working days from the date of receipt of complete and valid dossiers, the licensing agency shall re-issue the representative office establishment license. In case of refusal to re-grant, a written explanation must be clearly stated.
e. Entities of administrative procedures: Foreign traders
g. Agency carrying out administrative procedures:
- Competent authority to decide: Department of Industry and Trade
- The agency directly carrying out administrative procedures: Department of Industry and Trade
h. Result of administrative procedures: License
i. Fee: 1,500,000 VND/license
k. Application form and declaration:
- Form MĐ-1. An application for re-issuance of a representative office establishment license of the Appendix issued together with Circular No. 11/2016/TT-BCT.
- An application form for re-issuance of a representative office establishment license according to Form MD-2 of the Appendix issued together with Circular No. 11/2016/TT-BCT.
l. Requirements and conditions for carrying out administrative procedures: Foreign traders carry out procedures for re-issuance of a representative office establishment license in case the representative office establishment license is lost, destroyed or damaged or destroyed in any way; in case the location of the representative office is moved from a province or city directly under the Central Government, or a geographical area under the management of a Management Board to an another province or city directly under the Central Government or geographical area under the management of another Management Board.
m. Legal basis:
- Commercial Law 2005;
- Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam;
- Circular No. 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade stipulating the form of implementation of Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing Commercial Law on Representative Offices and Branches of Foreign Traders in Vietnam;
- Circular No. 143/2016/TT-BTC dated September 26, 2016 of the Ministry of Finance stipulating the rate, collection and payment of fees for licensing the establishment of representative offices of foreign trade promotion organizations, foreign traders in Vietnam.
* Attachments:
Extension of the License for Establishment of Representative Offices of Foreign Traders in Vietnam
a. Order of execution:
- Step 1: Foreign traders wishing to extend the License for Establishment of Representative Offices prepare documents according to regulations.
- Step 2:
+ Traders submit dossiers at the Center for Service and Control of Administrative Procedures of the province, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province;
+ Officials receiving and checking dossiers:
If the application is complete and valid, a receipt shall be written and delivered to the trader.
In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to fully supplement the dossier as prescribed.
- Step 3: Traders receive the results at the Center for Service and Control of administrative procedures of the province, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct methods or postal services.
b. Method of implementation:
- Documents submitted at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct method or via postal service.
- Return the results at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province through direct method or via postal service.
- Time to receive documents: at office hours on working days from Monday to Friday of the week (morning from 7:15 to 11:15, afternoon 13:30 to 16:30).
c. Components of the dossier:
1. An application form for extension of the license to establish a representative office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
2. A copy of the foreign trader's business registration certificate or paper of equivalent value;
3. A copy of the audited financial statement or the document certifying the fulfillment of tax or financial obligations in the latest fiscal year or a paper of equivalent value issued by a competent agency or organization in the locality that established foreign traders grant or certify and prove the existence and operation of foreign traders in the latest fiscal year;
4. A copy of the granted representative office establishment license;
5. Documents specified at Point 2 must be translated into Vietnamese and certified or consularly legalized by Vietnam's diplomatic missions or consular offices abroad in accordance with Vietnamese law. Documents specified at Point 3 must be translated into Vietnamese and authenticated in accordance with Vietnamese law.
d. Number of application: 01 set.
đ. Time limit for settlement:
1. Within 03 working days from the date of receipt of the application, the licensing agency shall examine and request supplementation if the application is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
2. Within 03 working days from the date of receipt of complete and valid dossiers, the licensing agency shall extend the license to establish a representative office for the foreign trader. In case of non-renewal, a written explanation must be clearly stated.
3. If the extension of a representative office establishment license has not been specified in a specialized legal document, the licensing agency shall send a written request for opinions from the specialized management ministry within 03 working days from the date of receipt of complete and valid dossiers. Within 05 working days from the date of receipt of the document from the licensing agency, the specialized management ministry shall issue a written statement stating its agreement or disagreement with the extension of the representative office establishment license. Within 05 working days from the date of receipt of comments from the Ministry of specialized management, the licensing agency shall renew or not renew the License to establish a representative office for the foreign trader. In case of refusal, there must be a written explanation clearly stating the reason.
e. Entities carrying out administrative procedures: Foreign traders
g. Agencies carrying out administrative procedures:
- Competent Authority to decide: Department of Industry and Trade
- The agency directly carrying out administrative procedures: Department of Industry and Trade
h. Result of administrative procedures: License
i. Fees and charges: 1,500,000 VND/license
k. Application form and declaration: An application for extension of a representative office establishment license is provided on Form MD-4 of the Appendix issued together with Circular No. 11/2016/TT-BCT.
l. Requirements and conditions for carrying out administrative procedures: Foreign traders may have their representative office establishment licenses extended after the expiry of the duration specified in the license, except for cases of violations in the following cases that the License to establish a Representative Office has been revoked, such as: No operation for 1 year and no transactions with the licensing agency; failing to report on the operation of the Representative Office for 2 consecutive years; failing to send reports as prescribed to the licensing agency within 06 months from the deadline for sending reports or requesting in writing; other cases as prescribed by law.
m. Legal basis:
- Commercial Law 2005;
- Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam;
- Circular No. 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade regulating the form of implementation of Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing Commercial Law on Representative Offices and Branches of Foreign Traders in Vietnam;
- Circular No. 143/2016/TT-BTC dated September 26, 2016 of the Ministry of Finance stipulating the rate, collection and payment of fees for licensing the establishment of representative offices of foreign trade promotion organizations, foreign traders in Vietnam.
* Attachments:
Amendments to the establishment license of a representative office of a foreign trader in Vietnam
a. Order of execution:
- Step 1: Foreign traders wishing to amend the License for Establishment of Representative Offices prepare documents according to regulations.
- Step 2:
+ Traders submit dossiers at the Center for Service and Control of administrative procedures of the province, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
+ Officials receiving and checking dossiers:
If the application is complete and valid, a receipt shall be written and delivered to the trader.
In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to fully supplement the dossier as prescribed.
- Step 3: Traders receive the results at the Center for Service and Control of administrative procedures of the province, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct methods or postal services.
b. Method of implementation:
- Documents submitted at Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct method or via postal service.
- Return the results at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province through direct method or via postal service.
- Time to receive documents: at office hours on working days from Monday to Friday of the week (morning from 7:15 to 11:15, afternoon 13:30 to 16:30).
c. Components of the dossier:
1. In case of change of head of representative office:
- An application form for adjustment of the license to establish a representative office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader.
- Documents proving the content of the change, specifically:
+ The document of the foreign trader appointing the new head of the representative office.
+ Copy of passport or identity card or citizen identification card (if Vietnamese) or passport copy (if foreigner) of the new head of the Representative Office.
+ Papers proving that the former head of the representative office has fulfilled the personal income tax obligations up to the time of change.
- Original License for establishment of representative office.
- Documents evidencing the changes (for the case of foreign traders' documents appointing the new head of the Representative Office in a foreign language and a copy of the passport of the new head of the representative office in a foreign language). Representative offices are foreigners must translate into Vietnamese and authenticate according to the provisions of Vietnamese law.
2. In case of changing the address of the representative office's head office within a province or centrally-run city or in a geographical area under the management of a Management Board:
- An application form for adjustment of the license to establish a representative office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader.
- Documents proving the content of the change, specifically:
+ A copy of the memorandum of understanding or agreement to rent the location or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;
+ A copy of the document on the proposed location for the representative office of the foreign trader must conform to the provisions of Vietnamese law on security, order, occupational safety and health conditions and other requirements as prescribed by law; representative offices may not lend or sub-lease their headquarters;
- Original License for establishment of representative office.
3. In case of change of name or address of the head office of a foreign trader:
- An application form for adjustment of the license to establish a representative office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader.
- Documents evidencing the change, specifically: A copy of the legal document issued by a competent authority evidencing the change in the name or address of the foreign trader's head office.
- Original License for establishment of representative office.
- Documents proving the changed content must be translated into Vietnamese and authenticated in accordance with Vietnamese law. Documents evidencing the change must be certified by a diplomatic mission or consular office of Vietnam abroad or consularly legalized in accordance with Vietnamese law.
d. Number of the dossier: 01 set.
đ. Time limit for settlement:
1. Within 03 working days from the date of receipt of the application, the licensing agency shall examine and request supplementation if the application is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
2. Except for the case specified at Point 3, within 05 working days from the date of receipt of complete and valid dossiers, the licensing agency shall adjust or not adjust the representative office establishment license. In case of non-adjustment, a written explanation must be clearly stated.
3. In case the operation contents of the representative office are inconsistent with Vietnam's commitments or the foreign trader is not a member of a country or territory participating in an international treaty to which Vietnam is a contracting party, the establishment of a representative office must be approved by the minister, the head of the ministerial-level agency in charge of specialized management, and in case the adjustment of the operation contents of the representative office has not been prescribed in legal documents, within 03 working days from the date of receipt of complete and valid dossiers, the licensing agency shall send a written request for opinions from the specialized management ministry. Within 05 working days from the date of receipt of the written request for opinions from the licensing agency, the specialized management ministry shall issue a written document stating its agreement or disagreement with the adjustment of the the representative office establishment license. Within 05 working days from the date of receipt of comments from the specialized management ministry, the licensing agency shall adjust or not adjust the license to establish a representative office for the foreign trader. In case of non-adjustment, a written explanation must be clearly stated.
e. Entities carrying out administrative procedures: Foreign traders.
g. Agencies carrying out administrative procedures:
- Competent Authority to decide: Department of Industry and Trade
- The agency directly carrying out administrative procedures: Department of Industry and Trade.
h. Result of administrative procedures: License
i. Fees and charges: 1,500,000 VND/license.
k. Application form and declaration: Form MD-3. Application form for adjustment of representative office establishment license... (attached form)
l. Requirements and conditions for carrying out administrative procedures: Foreign traders must carry out procedures for adjusting the License for establishment of a representative office in case of changing the head of the representative office….within 60 days working from the date of the change. (Clause 1, Article 17 Decree 07).
m. Legal basis:
- Commercial Law 2005;
- Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam;
- Circular No. 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade regulating the form of implementation of Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing Commercial Law on Representative Offices and Branches of Foreign Traders in Vietnam;
- Circular No. 143/2016/TT-BTC dated September 26, 2016 of the Ministry of Finance stipulating the rate, collection and payment of fees for licensing the establishment of representative offices of foreign trade promotion organizations, foreign traders in Vietnam.
* Attachments:
Termination of operation of representative offices of foreign traders in Vietnam
a. The order of execution:
- Step 1: Foreign traders wishing to notify the termination of operation of representative offices prepare dossiers as prescribed.
- Step 2:
+ Traders submit dossiers at the Center for Service - Control of administrative procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province via direct method or via postal service;
+ Officials receiving and checking dossiers:
If the application is complete and valid, a receipt shall be written and delivered to the trader.
In case the dossier is incomplete or invalid, the receiving official shall guide the trader to fully supplement the dossier as prescribed.
b. Method of implementation:
- Documents submitted at the Center for Service - Control of administrative procedures of the province, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct method or via postal service
- Time to receive documents: at office hours on working days from Monday to Friday of the week (morning from 7:15 to 11:15, afternoon 13:30 to 16:30).
c. Components of the dossier:
1. Notice of termination of operation of a representative office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader, unless the license to establish a representative office is revoked according to regulations in Article 44 of Decree No. 07/2016/NĐ-CP.
2. A copy of the document of the licensing agency not to renew the representative office establishment license (for the case where the operation period under the license for setting up the representative office expires without being licensed by the licensing agency for the extension) or a copy of the decision on revocation of the representative office establishment license of the licensing agency (in case the representative office establishment license is revoked as prescribed in Article 44 of the Decree No. No. 07/2016/ND-CP).
3. List of creditors and unpaid debts, including tax debts and social insurance debts.
4. List of employees and current corresponding benefits of employees.
5. Original License for establishment of representative office.
6. In case a representative office terminates its operation in a province or centrally run city or a geographical area under the management of a Management Board to move the location of its headquarters, representative office to another province, centrally-run city or geographical area under the management of another Management Board, the application for termination of operation of a representative office includes only the documents specified at Point 1 and Point 5.
d. Number of records: 01 set
đ. Time limit for settlement:
1. Within 03 working days from the date of receipt of the application, the licensing agency shall examine and request supplementation if the application is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
2. Within 05 working days from the date of receipt of complete and valid dossiers, the licensing agency shall have to announce on its website the termination of operation of the representative office.
e. Entities carrying out administrative procedures: Foreign traders
g. Agencies carrying out administrative procedures:
- Competent Authority to decide: Department of Industry and Trade
- The agency directly carrying out administrative procedures: Department of Industry and Trade
h. Result of administrative procedures: Notice document
i. Fees and charges: None
k.Application form and declaration: Form TB. Notice of termination of operation of representative office.
l. Requirements and conditions for carrying out administrative procedures: A representative office shall terminate its operation in the following cases:
1. At the request of foreign traders.
2. When a foreign trader terminates its operation under the laws of the country or territory where trader establishes or registers its business.
3. The term of operation under the License for Establishment of a Representative Office expires but the foreign trader does not request an extension.
4. Expiry of the operation term under the representative office establishment license without the approval of the licensing agency to extend.
5. The establishment license of a representative office is revoked according to the provisions of Article 44 of Decree No. 07/2016/ND-CP.
6. Foreign traders no longer satisfy one of the conditions specified in Article 7 of Decree No. 07/2016/ND-CP.
m. Legal basis:
- Commercial Law 2005;
- Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam;
- Circular No. 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade stipulating the form of implementation of Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing Commercial Law on Representative Offices and Branches of Foreign Traders in Vietnam.
* Attachments:
Granting business licenses to foreign-invested economic organizations to exercise the right to retail distribution of goods
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit them at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province by direct method or by postal service; Time to receive dossiers at office hours on working days from Monday to Friday of the week (7:15 am to 11:15 am, 13:30 pm to 16:30 pm).
Step 2: Officials receive and check the documents:
+ If the application is complete and valid, a receipt shall be written to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete the dossier as prescribed.
- Step 3: The specialized division receives the application and considers its completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The time to complete the application is not included in the business license granting time.
+ Within 10 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of licensing conditions.
In case the conditions are not met, the Department of Industry and Trade shall reply in writing and clearly state the reason.
In case the conditions are satisfied, the Department of Industry and Trade shall grant a business license in case foreign investors belong to a country or territory that is a party to an international treaty to which Vietnam is a contracting party and commits to opening the market to purchase and sale of goods, and activities directly related to purchase and sale of goods or send a dossier together relevant documents to take written opinion of the Ministry of Industry and Trade in case the foreign investor does not belong to the country or territory to international treaties to which Vietnam is a contracting party.
+ Within 15 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall consider the corresponding contents specified in Article 10 of Decree No. 09/2018/ND-CP dated January 15, 2018 to issue a written document of business license agreement; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 03 working days from the date of receiving the written approval from the Ministry of Industry and Trade, the Department of Industry and Trade issues the business license. In case the Ministry of Industry and Trade has a written refusal, the Department of Industry and Trade shall reply in writing and clearly state the reasons.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, come to receive the results of administrative procedures at the Provincial Center for Service and Control of Administrative Procedures.
In case of submitting dossiers via online public services and receiving results directly at the provincial Center for Service and Control of administrative procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper records) when arriving to receive results. The Division of receiving and returning the result inspects and compares the original dossier with the dossier of the foreign-invested economic organization sent on the online public service of the Department of Industry and Trade, if compatible and full components as prescribed, the results will be returned to the enterprise; if it is not compatible and does not have enough components as prescribed, it has the right to refuse to return the results.
b) Method of implementation:
Dossier shall be submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province via direct method or by postal service or via online public service at: motcua.quangngai.gov.vn
c) Composition of dossiers:
Profile composition:
(1) An application for a business license (Form No. 01 in the Appendix issued with Decree No. 09/2018/ND-CP);
(2) An explanation with the content specified in Clause 2, Article 12 of Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government;
(3) Documents from the tax authority proving that there is no overdue tax debt;
(4) A copy of the Business Registration Certificate;
(5) A copy of the Certificate of investment registration for the project of goods trading and activities directly related to the purchase and sale of goods (if any).
- Number of application:
+ 01 (one) set in case foreign investors belong to a country or territory that is a contracting party to an international treaty to which Vietnam is a member, and commits to opening the market for purchase and sale of goods and trading activities directly related to the purchase and sale of goods;
+ 02 (two) sets, in case the foreign investor does not belong to a country or territory participating in an international treaty to which Vietnam is a member.
d) Time limit for handling:
+ In case a foreign investor belongs to a country or territory that is a contracting party to an international treaty to which Vietnam is a member, there is a commitment to open the market for purchase and sale of goods activities and activities directly related to the purchase and sale of goods: 10 (ten) working days from the date of receipt of complete and valid dossiers.
+ In case the foreign investor does not belong to a country or territory acceding to an international treaty to which Vietnam is member: 28 working days from the date of receipt of a complete and valid dossier (in which, the processing time at the Department of Industry and Trade is 13 working days, at the Ministry of Industry and Trade is 15 working days), excluding the time for transferring documents between agencies.
e) Entities carrying out administrative procedures: Foreign-invested economic organizations.
f) Agency carrying out administrative procedures: Department of Industry and Trade where the foreign-invested economic organization's head office is located.
g) Results of administrative procedures: Business license.
h) Fees and charges: None
i) Name of application form and declaration:
An application form for a business license, made according to Form No. 01 in the Appendix issued with Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government.
j) Requirements and conditions for administrative procedures:
- In case a foreign investor belongs to a country or territory that is a contracting party to an international treaty to which Vietnam is a member, there is a commitment to open the market for purchase and sale of goods activities and activities directly related to the purchase and sale of goods.
+ Satisfying conditions on market access in international treaties to which Vietnam is a contracting party;
+ Having a financial plan to carry out the activities requested for a business license;
+ No more overdue tax debt in case it has been established in Vietnam for 01 year or more.
- In case the foreign investor does not belong to a country or territory participating in an international treaty to which Vietnam is a contracting party:
+ Have a financial plan to carry out the activities of applying for a business license
+ No more overdue tax debt in case it has been established in Vietnam for 01 year or more
+ Satisfying the following criteria: Conform to the provisions of specialized laws; Consistent with the level of competition of domestic enterprises in the same field of operation; Ability to create jobs for domestic workers; Ability and level of contribution to the state budget.
k) Legal basis:
- Commercial Law dated June 14, 2005;
- Law on Foreign Trade Management dated June 12, 2017;
- Law on Investment dated November 26, 2014;
- Law amending and supplementing Article 6 and Appendix 4 on the List of conditional investment and business lines of the Investment Law dated November 22, 2016;
- Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government detailing the Commercial Law and the Law on Foreign Trade Management on purchase and sale of goods and activities directly related to the purchase and sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Granting business licenses to foreign-invested economic organizations to exercise the right to import and wholesale distribution of lubricating oils and greases
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit them at the Center for Service and Control of Administrative Procedures of the province, address: No. 54 St. Hung Vuong, Quang Ngai city, Quang Ngai province by direct means or by postal service; Time to receive dossiers is at office hours on working days from Monday to Friday of the week (7:15 am to 11:15 am, 13:30 pm to 16:30 pm).
- Step 2: The officer receives and checks the dossier:
+ If the application is complete and valid, a receipt shall be written to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete the dossier as prescribed.
- Step 3: The specialized division receives the application and considers its completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The time for completing the application is not included in the business license issuance time;
+ Within 10 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of licensing conditions. In case the conditions are not satisfied, the Department of Industry and Trade shall reply in writing and clearly state the reason. In case the conditions are satisfied, the Department of Industry and Trade shall send the dossier enclosed to take written opinion of the Ministry of Industry and Trade;
+ Within 15 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall consider the corresponding contents specified in Article 10 of Decree No. 09/2018/ND-CP dated January 15, 2018 to issue a written document on business license approval; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 3 working days after receiving the written approval from the Ministry of Industry and Trade, the Department of Industry and Trade shall issue a business license. In case the Ministry of Industry and Trade has a written refusal, the Department of Industry and Trade shall reply in writing and clearly state the reason.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, come to receive the results of administrative procedures at the Center for Service and Control of administrative procedures in the province.
In case of submitting dossiers via online public services and receiving results directly at the Center for Service and Control of administrative procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper records) upon arrival to receive results. The Department receives and returns the inspection results, compares the original dossier with the dossier of the foreign-invested economic organization sent on the online public service of the Department of Industry and Trade, if compatible and complete components as prescribed, the results will be returned to the enterprise; if it is not compatible and does not have enough components as prescribed, it has the right to refuse to return the results.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province through direct method or postal service or by online public service at: motcua.quangngai.gov.vn
c) Composition and number of dossiers:
Profile composition:
(1) An application for a business license (Form No. 01 in the Appendix issued with Decree No. 09/2018/ND-CP);
(2) An explanation with the content specified in Clause 2, Article 12 of Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government;
(3) Documents from the tax authority proving that there is no overdue tax debt;
(4) A copy of the Business Registration Certificate,
(5) A copy of the Certificate of investment registration for the project of goods trading and activities directly related to the purchase and sale of goods (if any).
- Number of dossiers: 02 (two) sets
d) Time limit for settlement: 28 working days from the date of receipt of complete and valid dossiers (In which, the processing time at the Department of Industry and Trade is 13 working days, the Ministry of Industry and Trade is 15 working days), not including the time to transfer records between agencies.
e) Entities carrying out administrative procedures: Foreign-invested economic organizations.
f) Agency carrying out administrative procedures: Department of Industry and Trade where the foreign-invested economic organization's head office is located.
g) Results of administrative procedures: Business license.
h) Fees and charges: None
i) Application form and declaration:
- An application form for a business license, made according to Form No. 01 in the Appendix issued with Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government.
j) Requirements and conditions for administrative procedures:
- Have a financial plan to carry out the activities of applying for a business license
- No more overdue tax debt in case it has been established in Vietnam for 01 year or more
- Meet the following criteria:
+ Comply with the provisions of specialized laws;
+ Matching the level of competition of domestic enterprises in the same field of operation;
+ Ability to create jobs for domestic workers;
+ Ability and level of contribution to the state budget.
- Foreign-invested economic organizations performing one of the following activities:
+ Producing lubricating oil and grease in Vietnam;
+ Producing or being allowed to distribute in Vietnam machinery, equipment and goods using special type of lubricating oil and grease.
k) Legal basis:
- Commercial Law dated June 14, 2005;
- Law on Foreign Trade Management dated June 12, 2017;
- Law on Investment dated November 26, 2014;
- Law amending and supplementing Article 6 and Appendix 4 on the List of conditional investment and business lines of the Investment Law dated November 22, 2016;
- Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government detailing the Commercial Law and the Law on Foreign Trade Management on purchase and sale of goods and activities directly related to the purchase and sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Granting a business license to foreign-invested economic organizations to exercise the right to retail distribution of goods: rice; sugar; recorded items; books, newspapers and magazines
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit them at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post; Time for submission: office hours are 7:15 am to 11:15 am, 13:30 pm to 16:30 pm, Monday through Friday.
- Step 2: The officer receives and checks the dossier:
+ If the application is complete and valid, a receipt shall be written to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete the dossier as prescribed.
- Step 3: The specialized division receives the application and considers its completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The period of time for completing the application is not included in the business license issuance time;
+ Within 10 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of licensing conditions. In case the conditions are not met, the Department of Industry and Trade shall reply in writing and clearly state the reason. In case the conditions are satisfied, the Department of Industry and Trade shall send the dossier together with a document for consultation to the Ministry of Industry and Trade and the line management ministries;
+ Within 15 working days from the date of receipt of the dossier, the Ministry of Industry and Trade and the line management ministries shall consider the corresponding contents specified in Article 10 of Decree No. 09/2018/ND-CP dated January 15, 2018 to get a written approval for the issuance of a business license; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 3 working days after receiving the written approval from the Ministry of Industry and Trade and the line management ministries, the Department of Industry and Trade issues the business license. In case the Ministry of Industry and Trade or the line management ministries have a written refusal, the Department of Industry and Trade shall reply in writing and clearly state the reasons therefor.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, receive the results of administrative procedures at the Provincial Center for Service and Control of Administrative Procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper records) when they receive results. The dossier-receiving and result-delivering section check and compare the original dossier with the dossier of the foreign-invested economic organization sent on the online public service of the Department of Industry and Trade, if they are compatible and complete as prescribed, the results will be delivered to the enterprise; if they are not compatible and does not have enough components as prescribed, the Department has the right to refuse to deliver the results.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier:
- An application shall include:
(1) An application form for a business license (Form No. 01 of Appendix enclosed in Decree No. 09/2018/ND-CP).
(2) A representation with the contents specified in Clause 2, Article 12 of Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government;
(3) A document justifying that the enterprise incurs no overdue tax issued by the tax authority;
(4) A copy of the business registration certificate;
(5) A copy of certificate of investment registration for commodity trading projects and other operations directly related to commodity sale and purchase (if any).
- Number of application: 03 (three) sets
d) Time limit for settlement: 28 working days from the date of receipt of complete and valid dossiers, (In which, the processing time at the Department of Industry and Trade is 13 working days, this time of Ministry of Industry and Trade and the line management ministries is 15 working days), excluding the time to transfer dossiers between agencies.
e) Entities carrying out administrative procedures: Foreign-invested economic organizations.
f) Agency carrying out administrative procedures: Department of Industry and Trade where the foreign-invested economic organization's head office is located.
g) Results of administrative procedures: Business license.
h) Fees and charges: None
i) Application form and declaration:
- An application form for a business license according to Form No. 01 of Appendix enclosed in Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government.
j) Requirements and conditions for administrative procedures:
- Acquire a financial plan deemed qualified to apply for a business license;
- Incur no overdue tax in a case where it has been established in Vietnam for at least 1 year;
- Meet the criteria below:
+ In accordance with special law;
+ In conformity with the extent of competitiveness of domestic enterprises within the same sector;
+ Employment creation for domestic workers;
+ Contributions to the State budget;
- A foreign-invested business entity has retail outlets in forms of supermarkets, mini supermarket, convenience stores to sell above goods.
k) Legal basis:
- Law on Commerce dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment dated November 22th, 2016;
- Decree No. 09/2018/ND-CP dated January 15th, 2018 of the Government on guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Issuance of a business license to foreign-invested economic organizations to exercise the right to perform the services specified at Points d, đ, e, g, h, i, Clause 1, Article 5 of Decree No. 09/2018 /ND-CP
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit them at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post; Time for submission: office hours are 7:15 am to 11:15 am, 13:30 pm to 16:30 pm, Monday through Friday.
- Step 2: The officer receives and checks the dossier:
+ If the application is complete and valid, a receipt shall be written to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete the dossier as prescribed.
- Step 3: The specialized division receives the application and considers its completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The period of time for completing the application is not included in the business license issuance time;
+ Within 10 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of licensing conditions. In case the conditions are not met, the Department of Industry and Trade shall reply in writing and clearly state the reason. In case the conditions are satisfied, the Department of Industry and Trade shall send the dossier together with a document for consultation to the Ministry of Industry and Trade;
+ Within 15 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall consider the corresponding contents specified in Article 10 of Decree No. 09/2018/ND-CP dated January 15, 2018 to get a written approval for the issuance of a business license; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 3 working days after receiving the written approval from the Ministry of Industry and Trade, the Department of Industry and Trade issues the business license. In case the Ministry of Industry and Trade has a written refusal, the Department of Industry and Trade shall reply in writing and clearly state the reasons therefor.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, receive the results of administrative procedures at the Provincial Center for Service and Control of Administrative Procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper records) when they receive results. The dossier-receiving and result-delivering section check and compare the original dossier with the dossier of the foreign-invested economic organization sent on the online public service of the Department of Industry and Trade, if they are compatible and complete as prescribed, the results will be delivered to the enterprise; if they are not compatible and does not have enough components as prescribed, the Department has the right to refuse to deliver the results.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier:
- An application shall include:
(1) An application form for a business license (Form No. 01 of Appendix enclosed in Decree No. 09/2018/ND-CP);
(2) A representation with the contents specified in Clause 2, Article 12 of Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government;
(3) A document justifying that the enterprise incurs no overdue tax issued by the tax authority;
(4) A copy of the business registration certificate;
(5) A copy of certificate of investment registration for commodity trading projects and other operations directly related to commodity sale and purchase (if any).
- Number of application: 02 (two) sets
d) Time limit for settlement: 28 working days from the date of receipt of complete and valid dossiers, (In which, the processing time of the Department of Industry and Trade is 13 working days and this time of Ministry of Industry and Trade is 15 working days), excluding the time to transfer dossiers between agencies.
e) Entities carrying out administrative procedures: Foreign-invested economic organizations.
f) Agency carrying out administrative procedures: Department of Industry and Trade where the foreign-invested economic organization's head office is located.
g) Results of administrative procedures: Business license.
h) Fees and charges: None
i) Application form and declaration:
- An application form for a business license according to Form No. 01 of Appendix enclosed in Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government.
j) Requirements and conditions for administrative procedures:
- In case of a foreign investor from a country or territory which has acceded to a treaty to which Vietnam is a signatory, there is a commitment to open the market for sale of goods and other activities directly related to sale of goods
+ Satisfy the conditions on market access in international treaties to which Vietnam is a signatory;
+ Acquire a financial plan deemed qualified to apply for a business license;
+ Incur no overdue tax in a case where it has been established in Vietnam for at least 1 year;
- In case of a foreign investor not from a country or territory which has acceded to a treaty to which Vietnam is a signatory; In case business services have not been committed to market opening in international treaties to which Vietnam is a signatory:
+ Acquire a financial plan deemed qualified to apply for a business license;
+ Incur no overdue tax in a case where it has been established in Vietnam for at least 1 year;
+ Meet the following criteria: In accordance with special law; In conformity with the extent of competitiveness of domestic enterprises within the same sector; Employment creation for domestic workers; Contributions to the State budget;
k) Legal basis:
- Law on Commerce dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment dated November 22th, 2016;
- Decree No. 09/2018/ND-CP dated January 15th, 2018 of the Government on guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Reissuance of a business license to a foreign-invested economic organization
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit them at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post; Time for submission: office hours are 7:15 am to 11:15 am, 13:30 pm to 16:30 pm, Monday through Friday.
- Step 2: The officer receives and checks the dossier:
+ If the application is complete and valid, a receipt shall be written to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete the dossier as prescribed.
- Step 3: The specialized division receives the application and considers its completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The period of time for completing the application is not included in the business license issuance time;
+ Within 05 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall re-issues the business license. In case the Ministry of Industry and Trade has a written refusal, the Department shall reply in writing and clearly state the reasons therefor. The Department of Industry and Trade shall re-issue the business license specified in Clause 1, Article 17 of Decree 09/2018/ND-CP; a copy of the business license shall be sent to the Department of Industry and Trade where it is moved from to update it on the Database system.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, receive the results of administrative procedures at the Provincial Center for Service and Control of Administrative Procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper records) when they receive results. The dossier-receiving and result-delivering section check and compare the original dossier with the dossier of the foreign-invested economic organization sent on the online public service of the Department of Industry and Trade, if they are compatible and complete as prescribed, the results will be delivered to the enterprise; if they are not compatible and does not have enough components as prescribed, the Department has the right to refuse to deliver the results.
- Step 5: Within 05 working days from the date of re-issuance of the business license, the foreign-invested economic organization specified in Clause 1, Article 17 of Decree No. 09/2018/ND -CP is responsible for returning the previously issued business license to the Department of Industry and Trade where it moved from.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier:
- An application shall include:
(1) An application form for reissuance of a business license (Form No. 03 of Appendix enclosed Decree No.09/2018/ND-CP).
(2) A copy of business registration certificate (For reissuance of business license by relocating the headquarters of foreign-invested economic organizations from one province/city directly under the Central Government to another province/ city directly under the Central Government).
- Number of application: 01 (one) sets.
d) Time limit for settlement: 05 working days from the date of receipt of complete and valid dossiers.
e) Entities carrying out administrative procedures: Foreign-invested economic organizations.
f) Agency carrying out administrative procedures: Department of Industry and Trade where the foreign-invested economic organization's head office is located.
g) Results of administrative procedures: Business license.
h) Fees and charges: None
i) Application form and declaration:
- An application form for reissuance of business license according to Form No. 03 of Appendix enclosed Decree No.09/2018/ND-CP dated January 15, 2018 of the Government;
j) Requirements and conditions for administrative procedures:
- General conditions: Satisfying the conditions specified in Article 9 of Decree No. 09/2018/ND-CP of January 15th, 2018 corresponding to the contents of request for issuance.
- Specific conditions:
+ Business license is re-issued in case foreign-invested economic organizations relocate its head office from one province/city directly under the Central Government to another province/ city directly under the Central Government. The dossier shall sent to the Department of Trade (the place of transfer) within 10 working days after receiving the enterprise registration certificate recording the content of relocating the head office from a province/city directly under the Central Government to another province/city;
+ The business license is lost or damaged.
k) Legal basis:
- Law on Commerce dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment dated November 22th, 2016;
- Decree No. 09/2018/ND-CP dated January 15th, 2018 of the Government on guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Issuance of amendment of business licenses for foreign-invested economic organizations
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit them at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post; Time for submission: office hours are 7:15 am to 11:15 am, 13:30 pm to 16:30 pm, Monday through Friday.
- Step 2: The officer receives and checks the dossier:
+ If the application is complete and valid, a receipt shall be written to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete the dossier as prescribed.
- Step 3: The specialized division receives the application and considers its completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The period of time for completing the application is not included in the business license issuance time;
+ Within 10 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of licensing conditions.
In case the conditions are not met, the Department of Industry and Trade shall reply in writing and clearly state the reason.
In case the conditions are satisfied, the Department of Industry and Trade shall amend the business license (for the case of amendment of the business license specified at Point a, Clause 1, Article 5 of Decree No. 09/2018/ND- CP) or send the dossier together with a document for consultation to the Ministry of Industry and Trade (for the case of amendment of the business license specified at Points b, d, đ, e, g, h, i, Clause 1, Article 5 of Decree No. 09/2018/ND-CP) or send the dossier together with a document for consultation to the Ministry of Industry and Trade and the line management ministries (for the case of amendment of the business license specified at Point c, Clause 1, Article 5 of Decree No. 09/2018/ND-CP).
+ Within 15 working days from the date of receipt of the dossier, the Ministry of Industry and Trade and the line management ministries shall consider the corresponding contents specified in Article 10 of Decree No. 09/2018/ND-CP dated January 15, 2018 to get a written approval for the amendment of a business license; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 3 working days after receiving the written approval from the Ministry of Industry and Trade and the line management ministries, the Department of Industry and Trade shall amend the business license. In case the Ministry of Industry and Trade and the line management ministries have a written refusal, the Department of Industry and Trade shall reply in writing and clearly state the reasons therefor.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, receive the results of administrative procedures at the Provincial Center for Service and Control of Administrative Procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper records) when they receive results. The dossier-receiving and result-delivering section check and compare the original dossier with the dossier of the foreign-invested economic organization sent on the online public service of the Department of Industry and Trade, if they are compatible and complete as prescribed, the results will be delivered to the enterprise; if they are not compatible and does not have enough components as prescribed, the Department has the right to refuse to deliver the results.
- Step 5: Within 05 working days from the date of receipt of the amended business license, the foreign-invested economic organization shall return the previously issued business license to the Department of Industry and Trade.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier
- An application shall include:
(1) An application form for amendment of business licenses (Form No. 02 of Appendix enclosed Decree No.09/2018/ND-CP).
(2) In case of amendment specified at Point a, Clause 1, Article 11 of Decree No. 09/2018/ND-CP dated January 15, 2018, except for the case of relocation of the head office specified at Clause 1, Article 17 of the Decree No. 09/2018/ND-CP dated January 15, 2018: A copy of business registration certificate recording the amended content.
(3) In case of amendment specified at specified at Points b, c, d and đ Clause 1 Article 11 of Decree 09/2018/ND-CP dated January 15, 2018:
- A representation with the contents specified in Clause 2, Article 12 of Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government;
- A document justifying that the enterprise incurs no overdue tax issued by the tax authority;
- A copy of the business registration certificate; a copy of certificate of investment registration for commodity trading projects and other operations directly related to commodity sale and purchase (if any).
- Number of application:
+ 01 (one) set for the case of amending the business license to carry out the activities specified at Point a, Clause 1, Article 5 of Decree No. 09/2018/ND-CP;
+ 02 (two) sets for the case of amending the business license to carry out the activities specified at Points b, d, đ, e, g, h, i, Clause 1, Article 5 of Decree No. 09/2018/ND -CP;
+ 03 (three) sets for the case of amending the business license to carry out the activities specified at Point c, Clause 1, Article 5 of Decree No. 09/2018/ND-CP.
d) Time limit for settlement:
- In case of amending the business license to carry out the activities specified at Point a, Clause 1, Article 5 of Decree No. 09/2018/ND-CP: 10 working days from the date of receipt of a complete and valid dossiers.
- In case of amending the business license, which requires consultation of the Ministry of Industry and Trade and the line management ministries: 28 working days from the date of receipt of a complete and valid dossiers (of which, the processing time of the Department of Industry and Trade is 13 working days, this time of Ministry of Industry and Trade and the line management ministries is 15 working days), excluding the time to transfer dossiers between agencies.
e) Entities carrying out administrative procedures: Foreign-invested economic organizations.
f) Agency carrying out administrative procedures: Department of Industry and Trade where the foreign-invested economic organization's head office is located.
g) Results of administrative procedures: Amended business license.
h) Fees and charges: None
i) Application form and declaration:
- An application form for amendment of business license according to Form No. 02 of Appendix enclosed Decree No.09/2018/ND-CP dated January 15, 2018 of the Government;
j) Requirements and conditions for administrative procedures:
- General conditions: Satisfying the conditions specified in Article 9 of Decree No. 09/2018/ND-CP of January 15th, 2018 corresponding to the contents of request for amendment.
- Specific conditions: there is one of the changes in the Business License as follows:
+ Name, enterprise ID’s code, head office address and legal representative;
+ Owners, stakeholder, founding shareholders;
+ Distributing goods;
+ Activities directly related to the purchase and sale of goods;
+ Other content;
- Dossier for amendment of business license shall be sent to the Department of Industry and Trade within 10 working days from the date of issuance of the Certificate of Business Registration, which has the content of amendment in name, enterprise ID’s code, head office address, legal representative; owners, stakeholder, founding shareholders.
k) Legal basis:
- Law on Commerce dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment dated November 22th, 2016;
- Decree No. 09/2018/ND-CP dated January 15th, 2018 of the Government on guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Issuance of a business license concurrently with the license for establishment of the first retail outlet specified in Article 20 of Decree No. 09/2018/ND-CP
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit them at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post; Time for submission: office hours are 7:15 am to 11:15 am, 13:30 pm to 16:30 pm, Monday through Friday.
- Step 2: The officer receives and checks the dossier:
+ If the application is complete and valid, a receipt shall be written to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete the dossier as prescribed.
- Step 3: The specialized division receives the application and considers its completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The period of time for completing the application is not included in the business license issuance time;
+ Within 10 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of conditions specified in Article 9 and Clause 1, Article 22 of Decree No. 09/2018/ND-CP.
In case the conditions are not met, the Department of Industry and Trade shall reply in writing and clearly state the reason.
In case the conditions are satisfied, the Department of Industry and Trade shall send the dossier together with a document for consultation to the Ministry of Industry and Trade.
+ Within 07 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall consider the corresponding contents specified in Article 25 of Decree No. 09/2018/ND-CP to get a written approval for the issuance of the license for establishment of the retail outlet; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 3 working days after receiving the written approval from the Ministry of Industry and Trade, the Department of Industry and Trade shall issue the business license and the license for establishment of the retail outlet. In case the Ministry of Industry and Trade has a written refusal, the Department of Industry and Trade shall reply in writing and clearly state the reasons therefor.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, receive the results of administrative procedures at the Provincial Center for Service and Control of Administrative Procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper records) when they receive results. The dossier-receiving and result-delivering section check and compare the original dossier with the dossier of the foreign-invested economic organization sent on the online public service of the Department of Industry and Trade, if they are compatible and complete as prescribed, the results will be delivered to the enterprise; if they are not compatible and does not have enough components as prescribed, the Department has the right to refuse to deliver the results.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier
- An application shall include:
(1) An application form for a business license (Form No. 01 of Appendix enclosed in Decree No. 09/2018/ND-CP).
(2) A representation with the contents specified in Clause 2, Article 12 of Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government;
(3) A document justifying that the enterprise incurs no overdue tax issued by the tax authority;
(4) A copy of the business registration certificate;
(5) A copy of certificate of investment registration for commodity trading projects and other operations directly related to commodity sale and purchase (if any).
(6) An application form for the license for establishment of the retail outlet (Form No. 04 of Appendix enclosed in Decree No. 09/2018/ND-CP).
(7) A representation with the contents as follow:
+ Location of retail outlet: address of retail outlet; a description of the general, relevant area and the area used for retail outlet; A representation of the satisfaction of the conditions specified at Point c, Clause 1, Article 22 of Decree No. 09/2018/ND-CP; enclosed with documents on the location of the retail outlet;
+ Business plan of retail outlet: presenting the business plan and market development; labor demand; evaluating the socio-economic impact and efficiency of the business plan;
+ Financial plan of retail outlet: report on business results on the basis of the last audited financial statements if the enterprise has been established in Vietnam for at least 01 year; a representation of capital, capital sources and capital mobilization plans; accompanied by financial documents;
(8) Certificate of investment registration for establishment of the retail outlet (if any)
- Number of application: 02 (two) sets
d) Time limit for settlement:
20 working days from the date of receipt of complete and valid dossiers, (In which, the processing time at the Department of Industry and Trade is 13 working days, this time of Ministry of Industry and Trade is 07 working days), excluding the time to transfer dossiers between agencies.
e) Entities carrying out administrative procedures: Foreign-invested economic organizations apply for business license with the license for establishment of the first retail outlet.
f) Agency carrying out administrative procedures: Department of Industry and Trade where the foreign-invested economic organization's head office is located and establishes the first retail outlet.
g) Results of administrative procedures: Business license and the license for establishment of the retail outlet.
h) Fees and charges: None
i) Application form and declaration:
- An application form for a business license according to Form No. 01 of Appendix enclosed in Decree No. 09/2018/ND-CP dated January 15, 2018.
- An application form for a license for establishment of the retail outlet according to Form No. 04 of Appendix enclosed in Decree No. 09/2018/ND-CP dated January 15, 2018.
j) Requirements and conditions for administrative procedures:
- General conditions: Satisfying the general conditions specified in Article 9 and Article 22 of Decree No. 09/2018/ND-CP.
- Specific conditions: The location of the first retail outlet is in the same province/city directly under the Central Government as the head office of the foreign-invested economic organization.
k) Legal basis:
- Law on Commerce dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment dated November 22th, 2016;
- Decree No. 09/2018/ND-CP dated January 15th, 2018 of the Government on guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
A license for establishment of the first retail outlet or the second and subsequent retail outlets is issued which is not subject to an economic needs test (ENT) criteria
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit them at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post; Time for submission: office hours are 7:15 am to 11:15 am, 13:30 pm to 16:30 pm, Monday through Friday.
- Step 2: The officer receives and checks the dossier:
+ If the application is complete and valid, a receipt shall be written to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete the dossier as prescribed.
- Step 3: The specialized division receives the application and considers its completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The period of time for completing the application is not included in the business license issuance time;
+ Within 10 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of conditions specified at Clause 1, Article 22 of Decree No. 09/2018/ND-CP. In case the conditions are not met, the Department of Industry and Trade shall reply in writing and clearly state the reason. In case the conditions are satisfied, the Department of Industry and Trade shall send the dossier together with a document for consultation to the Ministry of Industry and Trade.
+ Within 07 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall consider the corresponding contents specified in Article 25 of Decree No. 09/2018/ND-CP to get a written approval for the issuance of the license for establishment of the retail outlet; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 3 working days after receiving the written approval from the Ministry of Industry and Trade, the Department of Industry and Trade shall issue the license for establishment of the retail outlet. In case the Ministry of Industry and Trade has a written refusal, the Department of Industry and Trade shall reply in writing and clearly state the reasons therefor.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, receive the results of administrative procedures at the Provincial Center for Service and Control of Administrative Procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper records) when they receive results. The dossier-receiving and result-delivering section check and compare the original dossier with the dossier of the foreign-invested economic organization sent on the online public service of the Department of Industry and Trade, if they are compatible and complete as prescribed, the results will be delivered to the enterprise; if they are not compatible and does not have enough components as prescribed, the Department has the right to refuse to deliver the results.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier
- An application shall include:
(1) An application form for the license for establishment of the retail outlet (Form No. 04 of Appendix enclosed in Decree No. 09/2018/ND-CP).
(2) A representation with the contents as follow:
+ Location of retail outlet: address of retail outlet; a description of the general, relevant area and the area used for retail outlet; A representation of the satisfaction of the conditions specified at Point c, Clause 1, Article 22 of Decree No. 09/2018/ND-CP; enclosed with documents on the location of the retail outlet;
+ Business plan of retail outlet: presenting the business plan and market development; labor demand; evaluating the socio-economic impact and efficiency of the business plan;
+ Financial plan of retail outlet: report on business results on the basis of the last audited financial statements if the enterprise has been established in Vietnam for at least 01 year; a representation of capital, capital sources and capital mobilization plans; accompanied by financial documents;
(3) A document justifying that the enterprise incurs no overdue tax issued by the tax authority;
(4) Copies of the business registration certificate, certificate of investment registration for retail outlet (if any), business license.
- Number of application: 02 (two) sets
d) Time limit for settlement:
20 working days from the date of receipt of complete and valid dossiers, (In which, the processing time at the Department of Industry and Trade is 13 working days, this time of Ministry of Industry and Trade is 07 working days), excluding the time to transfer dossiers between agencies.
e) Entities of administrative procedures: Foreign-invested economic organizations establish the retail outlet.
f) Agency carrying out administrative procedures: Department of Industry and Trade.
g) Results of administrative procedures: The license for establishment of the retail outlet.
h) Fees and charges: None
i) Application form and declaration:
- An application form for a license for establishment of the retail outlet according to Form No. 04 of Appendix enclosed in Decree No. 09/2018/ND-CP dated January 15, 2018.
j) Requirements and conditions for administrative procedures:
- Having a financial plan to establish a retail outlet;
- No overdue tax debt in case it has been established in Vietnam for at least 01 year;
- The location of the retail outlet should comply with the relevant planning schemes in the geographical market area.
k) Legal basis:
- Law on Commerce dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment dated November 22th, 2016;
- Decree No. 09/2018/ND-CP dated January 15th, 2018 of the Government on guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
A license for establishment of the second and subsequent retail outlets is issued which is subject to an economic needs test (ENT) criteria
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit them at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post; Time for submission: office hours are 7:15 am to 11:15 am, 13:30 pm to 16:30 pm, Monday through Friday.
- Step 2: The officer receives and checks the dossier:
+ If the application is complete and valid, a receipt shall be written to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete the dossier as prescribed.
- Step 3: The specialized division receives the application and considers its completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The period of time for completing the application is not included in the business license issuance time;
+ Within 05 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of conditions specified at Clause 1, Article 22 of Decree No. 09/2018/ND-CP. In case the conditions are not met, the Department of Industry and Trade shall reply in writing and clearly state the reason. In case the conditions are satisfied, the Department of Industry and Trade shall propose to establish the ENT Committee specified at Clauses 1 and 2, Article 24 of Decree No. 09/2018/ND-CP.
+ Within 07 working days from the date of receiving the request for establishment of the ENT Committee, the Provincial People's Committee shall establish the ENT Committee.
+ Within 30 days from the date of establishment, the ENT Committee shall evaluate the ENT criteria specified at Clause 2, Article 23 of Decree No. 09/2018/ND-CP so that the Chairman of the ENT Committee shall make a written proposal conclusion.
+ Within 3 working days after receiving the written proposal conclusion from the Chairman of the ENT Committee: In case this conclusion is refused, the Department of Industry and Trade shall reply in writing and clearly state the reason. In case this conclusion is approved, the Department of Industry and Trade shall send the dossier together with a document for consultation to the Ministry of Industry and Trade as prescribed at Point c, Clause 3, Article 8 of Decree No. 09/2018/ND-CP.
+ Within 10 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall consider the corresponding contents specified in Article 25 of Decree No. 09/2018/ND-CP to get a written approval for the issuance of a license for establishment of the retail outlet; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 3 working days after receiving the written approval from the Ministry of Industry and Trade, the Department of Industry and Trade issues a license for establishment of the retail outlet. In case the Ministry of Iadustry and Trade has a written refusal, the Department of Industry and Trade shall reply in writing and clearly state the reasons therefor.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, receive the results of administrative procedures at the Provincial Center for Service and Control of Administrative Procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper records) when they receive results. The dossier-receiving and result-delivering section check and compare the original dossier with the dossier of the foreign-invested economic organization sent on the online public service of the Department of Industry and Trade, if they are compatible and complete as prescribed, the results will be delivered to the enterprise; if they are not compatible and does not have enough components as prescribed, the Department has the right to refuse to deliver the results.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier
- An application shall include:
(1) An application form for the license for establishment of the retail outlet (Form No. 04 of Appendix enclosed in Decree No. 09/2018/ND-CP).
(2) A representation with the contents as follow:
+ Location of retail outlet: address of retail outlet; a description of the general, relevant area and the area used for retail outlet; A representation of the satisfaction of the conditions specified at Point c, Clause 1, Article 22 of Decree No. 09/2018/ND-CP; enclosed with documents on the location of the retail outlet;
+ Business plan of retail outlet: presenting the business plan and market development; labor demand; evaluating the socio-economic impact and efficiency of the business plan;
+ Financial plan of retail outlet: report on business results on the basis of the last audited financial statements if the enterprise has been established in Vietnam for at least 01 year; a representation of capital, capital sources and capital mobilization plans; accompanied by financial documents;
(3) A document justifying that the enterprise incurs no overdue tax issued by the tax authority;
(4) Copies of the business registration certificate, certificate of investment registration for establishment of the retail outlet (if any), business licence.
(5) A representation of the ENT criteria specified at Points c, d and đ, Clause 2, Article 23 of Decree 09/2018/ND-CP.
- Number of application: 02 (two) sets
d) Time limit for settlement:
58 working days from the date of receipt of complete and valid dossiers, (In which, the processing time at the Department of Industry and Trade is 11 working days, this time of Provincial People's Committee is 07 working days, this time of ENT Committee is 30 working days and this time of Ministry of Industry and Trade is 10 working days), excluding the time to transfer dossiers between agencies.
e) Entities carrying out administrative procedures: Foreign-invested economic organizations establish the retail outlet.
f) Agency carrying out administrative procedures: Department of Industry and Trade.
g) Results of administrative procedures: The license for establishment of the retail outlet.
h) Fees and charges: None
i) Application form and declaration:
- An application form for a license for establishment of the retail outlet according to Form No. 04 of Appendix enclosed in Decree No. 09/2018/ND-CP dated January 15, 2018.
j) Requirements and conditions for administrative procedures:
- Having a financial plan to establish a retail outlet;
- No overdue tax debt in case it has been established in Vietnam for at least 01 year;
- The location of the retail outlet should comply with the relevant planning schemes in the geographical market area.
- Meeting the following Economic Needs Test (ENT) criteria:
+ The effect of the retail outlet on the scale of the geographical market area.
+ Number of retails outlets operating in the geographical market area.
+ Impact of the outlet on the market stability and operation of other retail outlets and traditional markets in the geographical area.
+ Impact of the outlet on traffic, environmental sanitation and fire prevention in the geographical market area.
+ Contributions of the retail outlet to the region’s socio-economic development on:
(i) Creating local jobs;
(ii) Development and modernization of the region’s retail sector;
(iii) Improvement of environment and living conditions for local people;
(iv) Contributions to the State budget.
k) Legal basis:
- Law on Commerce dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment dated November 22th, 2016;
- Decree No. 09/2018/ND-CP dated January 15th, 2018 of the Government on guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Adjustment of name, business code number, address of head office; name and address of the retail establishment; type of retail establishment (except for the case where the type of retail establishment is changed into a convenience store or mini supermarket); reducing in area of the retail establishment on the Retail Establishment License.
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit directly to the Provincial Center for Service and Control of Administrative Procedures, address at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post; Time to receive documents is during office hours on working days from Monday to Friday (7:15 am to 11:15 am, 13:30 pm to 16:30 pm)
- Step 2: The officer receives and examines the dossier:
+ If the dossier is complete and valid, issue the receipt to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete it as prescribed.
- Step 3: The specialized Division receives the dossier and considers the completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The duration for completing the dossier is not included the time of issuance of Business License;
Within 05 working days from the date of repeipt of the complete and valid dossier, the Department of Industry and Trade shall adjust the retail establishment License, in case of refusal, there must be a written reply clearly stating the reason.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, come to receive the results of administrative procedures at the Provincial Center for Service and Control of administrative procedures.
In case submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, Foreign-invested economic organizations are responsible for submitting the original dossiers (paper dossiers) when the results are received. The Reception-Return Unit checks and compares the original set of dossier with the set of dossier that the foreign-invested economic organizations submitted to the Department of Industry and Trade by the online public service, if compatible and complete with the prescrbled components, returns the results for the enterprises; if incompatible and incomplete as prescribled, refuses to return results.
- Step 5: Within 05 working days from the date of receipt of the adjusted retail establishment License, the foreign-invested economic organizations return the granted retail establishment License to the Department of Industry and Trade.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier:
- Components of the dossier:
(1) An application form for modification to a retail establishment License (Form No.05 of Appendix enclosed Decree No.09/2018/ND-CP).
(2) In case change of name and address of the head quarter: A copy of modified Business License that records the change shall be required.
(3) In case change of address of the retail establishment: A copy of the document of the competent agency at the ward, commune or town level certifying the change of address.
(4) In case reduction in area of retail establishment: Relevant documents.
- Number of the dossiers: 01 set.
d) Time limit for settlement: 05 working days from the date of receipt of completed and valid dossiers.
e) Entities carrying out administrative procedure: Foreign-invested economic organizations.
f) Agency carrying out administrative procedures: Department of Industry and Trade.
g) Results of administrative procedures: The adjusted retail establishment License
h) Fees and charges: None
i) Application form and declaration:
An application form for adjustment to retail establishment License (Form No.05 of Appendix enclosed Decree No.09/2018/ND-CP dated January 15th, 2018).
j) Requirements and conditions for administrative procedures:
- General conditions: Satisfying the general conditions specified in Article 22 of Decree No.09/2018/ND-CP.
- Specific conditions: In case the foreign-invested economic organization wishes to adjust of name, business identification number, address of headquarter; name and address of the retail establishment; type of retail establishment; reducing in area of the retail establishment on the Retail Establishment License.
k) Legal basis:
- Commercial Law dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the law on investment date November 22th, 2016;
- Decree No.09/2018/ND-CP dated January 15th, 2018 of the Government guidelines for the law on commerce and the law on foreign trade management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Adjusting to increase the area of the first retail establishment in the trade center; increase the area of retail establishments other than the first retail establishments set up in trade centers and not classified as a convenience stores and mini supermarkets, area of less than 500m2
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit directly to the Provincial Center for Service and Control of Administrative Procedures, address at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post; Time to receive documents is during office hours on working days from Monday to Friday (7:15 am to 11:15 am, 13:30 pm to 16:30 pm)
- Step 2: The officer receives and examines the dossier:
+ If the dossier is complete and valid, issue the receipt to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete it as prescribed.
- Step 3: The specialized Division receives the dossier and considers the completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The duration for completing the dossier is not included the time of issuance of Business License;
+ Within 05 working days from the date of repeipt of the complete and valid dossier, the Department of Industry and Trade shall adjust the retail establishment License, in case refusal, there must be a written reply clearly stating the reason.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, come to receive the results of administrative procedures at the Provincial Center for Service and Control of administrative procedures.
In case submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, foreign-invested economic organizations are responsible for submitting the original dossiers (paper dossiers) when the results are received. The Reception-Return Unit checks and compares the original set of dossier with the set of dossier that the foreign-invested economic organizations submitted to the Department of Industry and Trade by the online public service, if compatible and complete with the prescrbled components, returns the results for the enterprises; if incompatible and incomplete as prescribled, refuses to return results.
- Step 5: Within 05 working days from the date of receipt of the adjusted retail establishment License, the foreign-invested economic organizations return the granted retail establishment License to the Department of Industry and Trade.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier:
- Components of the dossier:
(1) An application form for modification to a retail establishment License (Form No.05 of Appendix enclosed Decree No.09/2018/ND-CP).
(2) The explanation contains the following contents:
- Location of retail establishment: Address of retail establishment; description of the general area involved and the area used for the establishment of the retail establishment; accompanied by documents on the location of the retail establishment;
- Report on the business performance of the retail establishment in the latest year.
(3) The document justifying that the enterprise incurs no overdue tax issued by tax authority.
- Number of the dossier: 01 (one) set
d) Time limit for settlement: 05 working days from the date of receipt of complete and valid dossiers.
e) Entities carrying out administrative procedure: Foreign-invested economic organizations.
f) Agency carrying out the administrative procedures: Department of Industry and Trade.
g) Result of the administrative procedures: The adjusted retail establishment License
h) Fees and charges: None
i) Application form and declaration:
An application form for adjustment to retail establishment License (Form No.05 of Appendix enclosed Decree No.09/2018/ND-CP date January 15th, 2018).
j) Requirements and conditions for administrative procedures:
- General conditions: Satisfying the general conditions specified in Article 22 of Decree No.09/2018/ND-CP.
- Specific conditions: In case the foreign-invested economic organization wishes to increase the area of the first retail establishment in the trade center; increase the area of retail establishments other than the first retail establishments set up in trade centers and not classified as a convenience stores and mini supermarkets, area of less than 500m2.
k) Legal basis:
- Commercial Law dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the law on investment date November 22th, 2016;
- Decree No.09/2018/ND-CP dated January 15th, 2018 of the Government guidelines for the law on commerce and the law on foreign trade management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Adjusting to increase the area of the first retail establishment that is not located in a trade center
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit directly to the Provincial Center for Service and Control of Administrative Procedures, address at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or sent by post; Time to receive documents is during office hours on working days from Monday to Friday (7:15 am to 11:15 am, 13:30 pm to 16:30 pm)
- Step 2: The officer receives and examines the dossier:
+ If the dossier is complete and valid, issue the receipt to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete it as prescribed.
- Step 3: The specialized Division receives the dossier and considers the completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The time for completing the dossier is not included the time of issuance of Business License;
+ Within 10 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of the conditions specified at Clause 1, Article 22 of Decree No. 09/2018/ND-CP. In case of failure to meet the conditions, the Department of Industry and Trade shall issue a written reply stating the reason; In case of meeting the conditions, the Department of Industry and Trade shall send the dossier together with the written request for opinions of the Ministry of Industry and Trade according to the provisions of Point c, Clause 3, Article 8 of Decree No. 09/2018/ND-CP.
+ Within 07 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall consider the relevant contents specified in Article 25 of Decree No. 09/2018/ND-CP to issue a written approval for the issuance of a retail establishment License; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 03 working days from the day of receiving the written approval from the Ministry of Industry and Trade, the Department of Industry and Trade shall adjust the retail establishment License. In case the Ministry of Industry and Trade issues a written refusal, the licensing agency must reply in writing and clearly state the reason.
- Step 4: Foreign-invested economic organizations, based on the appointment date on the receipt, come to receive the results of administrative procedures at the Provincial Center for Service and Control of administrative procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, Foreign-invested economic organizations are responsible for submitting the original dossiers (paper dossiers) when the results are received. The Reception-Return Unit checks and compares the original set of dossier with the set of dossier that the foreign-invested economic organizations submitted to the Department of Industry and Trade by the online public service, if compatible and complete with the prescrbled components, return the results for the enterprises; if incompatible and incomplete as prescribled, refuse to return results.
- Step 5: Within 05 working days from the date of receipt of the adjusted retail establishment License, the foreign-invested economic organizations return the granted retail establishment License to the Department of Industry and Trade.
b) Method of implementation: The application is submitted directly at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province in person or by post or via online public service at: motcua.quangngai.gov.vn
c) Components and number of the dossier:
- Components of the dossier:
(1) An application form for modification to a retail establishment License (Form No.05 of Appendix enclosed Decree No.09/2018/ND-CP).
(2) The explanation contains the following contents:
- Location of retail establishment: Address of retail establishment; description of the general area involved and the area used for the establishment of the retail establishment; accompanied by documents on the location of the retail establishment;
- Report on the business performance of the retail establishment in the latest year.
(3) The document justifying that the enterprise incurs no overdue tax issued by tax authority.
(4) The explanation of the satisfaction of the conditions specified at Point c, Clause 1, Article 22 of Decree No. 09/2018/ND-CP.
- Number of the dossier: 02 (two) sets
d) Time limit for settlement: 20 working days from the date of receipt of complete and valid dossiers (in which, processing time at Department of Industry and Trade is 13 working days, Ministry of Industry and Trade is 07 working days), excluding the time for document transfer between agencies.
e) Entities carrying out administrative procedures: Foreign-invested economic organizations
f) Agency carrying out administrative procedures: Department of Industry and Trade.
g) Results of administrative procedures: The adjusted retail establishment License
h) Fees and charges: None
i) Application form and declaration:
An application form for adjustment to retail establishment License (Form No.05 of Appendix enclosed Decree No.09/2018/ND-CP date January 15th, 2018).
j) Requirements and conditions for administrative procedures:
- General conditions: Satisfying the general conditions specified in Article 22 of Decree No.09/2018/ND-CP.
Specific conditions: The foreign-invested economic organizations that need to increase the area of the first retail establishment that is not located in the trade center;
+ The location of the retail establishment is consistent with the relevant planning in the geographical market area.
k) Legal basis:
- Commercial Law dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the law on investment date November 22th, 2016;
- Decree No.09/2018/ND-CP dated January 15th, 2018 of the Government guidelines for the law on commerce and the law on foreign trade management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Adjusting to increase the area of other retail establishment and in case the establishment other than the first retail establishment changes its type into a convenience store, mini supermarket
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit directly to the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or send by post; Time to receive documents is during office hours on working days from Monday to Friday (7:15 am to 11:15 am, 13:30 pm to 16:30 pm)
- Step 2: The officer receives and examines the dossier:
+ If the dossier is complete and valid, issue the receipt to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete it as prescribed.
- Step 3: The specialized Division receives the dossier and considers the completeness and validity.
+ In case the dossier is incomplete and invalid, within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the foreign-invested economic organization to supplement and complete the dossier. The time for completing the dossier is not included the time of issuance of Business License;
+ Within 05 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall check the satisfaction of the conditions specified at Clause 1, Article 22 of Decree No. 09/2018/ND-CP. In case of failure to meet the conditions, the Department of Industry and Trade shall issue a written reply stating the reason. In case of meeting the conditions, the Department of Industry and Trade shall proposes to establish the ENT Council according to the provisions of Clauses 1 and 2, Article 24 of Decree No.09/2018/ND-CP.
+ Within 07 working days from the date of receipt of the request for establishment of the ENT Council, the Provincial People's Committee shall establish the ENT Council.
+ Within 30 days from the date of establishment, the ENT Council evaluates the ENT criteria specified in Clause 2, Article 23 of Decree No.09/2018/ND-CP for the Chairman of the ENT Council to make a written conclusion of the proposal.
+ Within 03 working days from the date of receipt of the written conclusion of the proposal issued by the Chairman of the ENT Council: In case the written conclusion proposes not to grant the license, the Department of Industry and Trade shall issue a written reply stating the reason. In case the written conclusion proposes to grant the license, the Department of Industry and Trade shall send the dossier together with the written request for opinions of the Ministry of Industry and Trade.
+ Within 10 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall consider the relevant contents as specified in Article 25 of Decree No. 09/2018/ND-CP to issue a written approval for the adjustment of a retail establishment License; In case of refusal, there must be a written reply clearly stating the reason.
+ Within 03 working days from the day of receipt of the written approval from the Ministry of Industry and Trade, the Department of Industry and Trade shall adjust the retail establishment License. In case the Ministry of Industry and Trade issues a written refusal, the licensing agency must reply in writing and clearly state the reason.
- Step 4: Foreign-invested economic organization s, based on the appointment date on the receipt, come to receive the results of administrative procedures at the Provincial Center for Service and Control of administrative procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, Foreign-invested economic organizations are responsible for submitting the original dossiers (paper dossiers) when the results are received. The Reception-Return Unit checks and compares the original set of dossier with the set of dossier that the foreign-invested economic organizations submitted to the Department of Industry and Trade by the online public service, if compatible and complete with the prescrbled components, return the results for the enterprises; if incompatible and incomplete as prescribled, refuse to return results.
- Step 5: Within 05 working days from the date of receipt of the adjusted retail establishment License, the foreign-invested economic organizations return the granted retail establishment License to the Department of Industry and Trade.
b) Method of implementation:
The dossier is submitted directly to the Center for Provincial Service and Control of Administrative Procedures, address at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province, or sent by post, or submitted via online public service at link: motcua.quangngai.gov.vn.
c) Components and number of the dossier:
- Components of the dossier:
(1) An application form for modification to retail establishment License (Form No.05 of Appendix enclosed Decree No.09/2018/ND-CP).
(2) Report on the business performance of the retail establishment in the latest year
(3) The explanation contains the following contents:
+ Location of retail establishment: Address of retail establishment; description of the general area involved and the area used for the establishment of the retail establishment; the explanation of satisfaction of the conditions specified at Point c, Clause 1, Article 22 of Decree No. 09/2018/ND-CP; accompanied by documents on the location of the retail establishment;
+ Business plan at the retail establishment: Presentation of the business plan and market development; labor demand; assess the impact, socio-economic efficiency of the business plan;
+ Financial plan for setting up a retail establishment: Report on business results on the basis of audited financial statements of the latest year in case it has been established in Vietnam for 01 year or more; explanation of capital, capital sources and capital mobilization plans; accompanied by financial documents;
(4) The document justifying that the enterprise incurs no overdue tax issued by tax authority.
(5) Explanation of ENT criteria specified at Points of c, d and đ, Clause 2 Article 23 of Decree No. 09/2018/ND-CP.
- Number of the dossier: 02 (two) sets
d) Time limit for settlement: 58 working days from the date of receipt of complete and valid dossiers (in which, processing time at Department of Industry and Trade is 11 working days, City People's Committee is 07 working days, ENT Council is 30 working days, Ministry of Industry and Trade is 10 working days), excluding the time for document transfer between agencies.
e) Entities carrying out admistrative procedures: Foreign-invested economic organizations that wish to modify the issued retail establishment license
f) Agency carrying out admistrative procedures: Department of Industry and Trade
g) Result of admistrative procedures: The adjusted retail establishment License
h) Fees and charges: None
i) Application form and declaration:
An application form for adjustment to retail establishment License (Form No.05 of Appendix enclosed Decree No.09/2018/ND-CP date January 15th, 2018).
j) Requirements and conditions for administrative procedures:
- General conditions: Satisfying the general conditions specified in Article 22 of Decree No.09/2018/ND-CP.
- Specific conditions:
The foreign-invested economic organizations need to increase the area of other retail establishment and in case the establishment other than the first retail establishment changes its type into a convenience store, mini supermarket;
+ Having a financial plan for setting up a retail establishment;
+ No more overdue tax debt in case the company has been established in Vietnam for 1 year or more;
+ The location of the retail establishment is consistent with the relevant planning in the geographical market area.
+ Meeting the following Economic Needs Test (ENT) criteria:
+ The size of the geographic market area is affected when the retail establishment operates.
+ The number of existing retail establishments in the relevant geographic market area.
+ Impacts of the retail establishments on the market stability and business operation of other retail establishments and traditional markets in the geographical market area.
+ Impacts of retail establishments on traffic density, environment hygiene, and fire safety in the relevant geographic market area.
+ The potential contribution of the retail establishments to the socio-economic development of the relevant geographic market, specifically:
(i) Creating jobs for domestic workers;
(ii) Contributing to the development and modernization of the retail sector in the geographical market area;
(iii) Improvement of environment and living conditions for local people in the geographical market area;
(iv) Potential and actual contribution to the State budget.
k) Legal basis:
- Commercial Law dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment date November 22th, 2016;
- Decree No.09/2018/ND-CP dated January 15th, 2018 of the Government guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Re-issuance of retail establishment License
a) Order of execution:
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit directly to the Provincial Center for Service and Control of Administrative Procedures, address at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or sent by post; Time to receive documents is during office hours on working days from Monday to Friday (7:15 am to 11:15 am, 13:30 pm to 16:30 pm)
- Step 2: The officer receives and examines the dossier:
+ If the dossier is complete and valid, issue the receipt to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete it as prescribed.
- Step 3: The specialized Division receives the dossier and considers the completeness and validity. Within 05 working days from the date of receipt of the dossier, the Department of Industry and Trade shall re-issue the retail establishment License, in case of refusal, there must be a written reply clearly stating the reason.
- Step 4: Foreign-invested economic organization s, based on the appointment date on the receipt, come to receive the results of administrative procedures at the Provincial Center for Service and Control of administrative procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, Foreign-invested economic organizations are responsible for submitting the original dossiers (paper dossiers) when the results are received. The Reception-Return Unit checks and compares the original set of dossier with the set of dossier that the foreign-invested economic organizations submitted to the Department of Industry and Trade by the online public service, if compatible and complete with the prescrbled components, return the results for the enterprises; if incompatible and incomplete as prescribled, refuse to return results.
b) Method of implementation: The dossier is submitted directly to the Center for Provincial Service and Control of Administrative Procedures, address at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province, or sent by post, or submitted via online public service at link: motcua.quangngai.gov.vn.
c) Components and number of the dossier:
- Components of the dossier:
An application form for re-issuance to retail establishment License (Form No.06 of Appendix enclosed Decree No.09/2018/ND-CP).
- Number of the dossiers: 01 (one) set
d) Time limit for settlement: 05 working days from the date of receipt of complete and valid dossiers
e) Entities of administrative procedures: Foreign-invested economic organizations that have lost or damaged retail establishment licenses
f) Agency carrying out administrative procedures: Department of Industry and Trade
g) Results of administrative procedures: The re-issued retail establishment License
h) Fee and charges: None
i) Application form and declaration:
An application form for re-issuance to retail establishment License (Form No.06 of Appendix enclosed Decree No.09/2018/ND-CP date January 15th, 2018).
j) Requirements and conditions for administrative procedures:
- General conditions: Satisfying the general conditions specified in Article 22 of Decree No.09/2018
- Special conditions: The retail establishment License has been lost or damaged.
k) Legal basis:
- Commercial Law dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the law on investment date November 22th, 2016;
- Decree No.09/2018/ND-CP dated January 15th, 2018 of the Government guidelines for the law on commerce and the law on foreign trade management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Renewal of retail establishment License
a) Order of execution
- Step 1: Foreign-invested economic organizations prepare all documents in accordance with the law and submit directly to the Provincial Center for Service and Control of Administrative Procedures, address at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or sent by post; Time to receive documents is during office hours on working days from Monday to Friday (7:15 am to 11:15 am, 13:30 pm to 16:30 pm)
- Step 2: The officer receives and examines the dossier:
+ If the dossier is complete and valid, issue the receipt to the trader.
+ In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to complete it as prescribed.
- Step 3: The specialized Division receives the dossier and considers the completeness and validity.
Within 05 working days from the date of receipt of the dossier, the Department of Industry and Trade shall examine and request amendments and supplements in case the dossier is incomplete and invalid. If the dossier is complete and valid, the Department of Industry and Trade shall extend the retail establishment License. In case of refusal, there must be a written reply clearly stating the reason
- Step 4: Foreign-invested economic organization s, based on the appointment date on the receipt, come to receive the results of administrative procedures at the Provincial Center for Service and Control of administrative procedures.
In case of submitting dossiers via online public services and receiving results directly at the Provincial Center for Service and Control of Administrative Procedures, Foreign-invested economic organizations are responsible for submitting the original dossiers (paper dossiers) when the results are received. The Reception-Return Unit checks and compares the original set of dossier with the set of dossier that the foreign-invested economic organizations submitted to the Department of Industry and Trade by the online public service, if compatible and complete with the prescrbled components, return the results for the enterprises; if incompatible and incomplete as prescribled, refuse to return results.
b) Method of implementation: The dossier is submitted directly to the Center for Provincial Service and Control of Administrative Procedures, address at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province, or sent by post, or submitted via online public service at link: motcua.quangngai.gov.vn.
c) Components and number of the dossiers:
- Components of the dossier:
(1) An application form for renewal to retail establishment License (Form No.07 of Appendix enclosed Decree No.09/2018/ND-CP).
(2) Representation includes the following contents:
+ Location of retail establishment: Address of retail outlet; description of the general area, relevant area and the area for setting up retail outlet; representation of satisfaction of conditions prescribed in Point c Clause 1 Article 22 of Decree No.09/2018/ND-CP; and enclosed retail establishment documentation.
+ Business plan at retail outlet: Presentation of the business plan and market development; labor need; evaluation of the implications and socio-economic effectiveness of the business plan;
+ Financial plan for setting up a retail outlet: Report on business results in consideration of the latest audited financial statements in case it has been established in Vietnam for 01 year or more; representation of capital, capital sources and capital mobilization plans; accompanied by financial documents;
(3) A document justifying that the enterprise incurs no overdue tax issued by the tax authority
(4) Copies of: Certificate of Business Registration, Certificate of Registration for Retail Establishment (if any), Business License.
- Number of the dossiers: 01 set
d) Time limit for settlement: 05 working days from the date of receipt of complete and valid dossiers.
e) Entities of administrative procedures: Foreign-invested economic organizations whose retail establishment Licenses are about to expire.
f) Agency carrying out administrative procedures: Department of Industry and Trade
g) Results of administrative procedures: The retail establishment License
h) Fees and charges: None
i) Application form and declaration:
Form No.07 of Appendix enclosed Decree No.09/2018/ND-CP date January 15th, 2018
j) Requirements and conditions for administrative procedures:
- General conditions: Satisfying the general conditions specified in Article 22 of Decree No.09/2018/ND-CP.
- Special conditions: Dossier for Renewal of retail establishment License must be sent to the Department of Industry and Trade within at least 30 days before the retail establishment License expires.
k) Legal basis:
- Commercial Law dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the law on investment date November 22th, 2016;
- Decree No.09/2018/ND-CP dated January 15th, 2018 of the Government guidelines for the law on commerce and the law on foreign trade management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
Issuance of a retail establishment License to continue operating
a) Order of execution:
- Step 1: Within 30 days from the date of having the enterprise registration Certificate noting the changed information, the foreign-invested economic organization shall complete the dossier according to the instructions in item (c) below, submit in person, by post, or via internet (if applicable) to the Ministry of Industry and Trade.
- Step 2:
+ Within 03 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall examine and request amendments and supplements if the dossier is incomplete and invalid;
+ Within 15 days from the date of receipt of the complete and valid dossier, the Ministry of Industry and Trade shall consider and send the dossier to the Department of Industry and Trade where the retail establishment is located, and request to continue operating;
+ Within 20 days from the date of receipt of the dossier, the Department of Industry and Trade shall examine and evaluate the dossier and the location of the retail establishment to send a written request to the Ministry of Industry and Trade for license (Form No.09 of Appendix enclosed Decree 09/2018/ND-CP); in case of refusal to grant a license, a written reply must be given to the Ministry of Industry and Trade, clearly stating the reason;
+ Within 15 days from the date of receipt of the document from the Department of Industry and Trade, the Ministry of Industry and Trade shall base itself on the proposal of the Department of Industry and Trade and the relevant contents specified in Article 25 of Decree No.09/2018/ND-CP to issue a written approval; in case of refusal, there must be a written reply clearly stating the reason (Form No. 10 of Appendix enclosed Decree No.09/2018/ND-CP);
+ Within 05 working days from the date of receiving the written approval from the Ministry of Industry and Trade, the Department of Industry and Trade shall grant the retail establishment License, in case of refusal, there must be a written reply clearly stating the reason.
- Step 3: The specialized division of the Department of Industry and Trade transfers the results to the Reception-Return Unit at the Center for Provincial Service and Control of Administrative Procedures to return to the foreign-invested economic organization.
In case foreign-invested economic organizations request to return results via public postal services, the Reception-Return Unit of the Department of Industry and Trade shall coordinate with the postal services for delivery as the request of foreign-invested economic organizations according to the process of receiving dossiers and returning results of settlement of administrative procedures via public postal services.
b) Method of implementation:
The dossier is submitted in person, by post, or via internet (if applicable) to the Ministry of Industry and Trade.
c) Components and numbers of the dossier:
(1) An application form for issuance of a retail establishment License enabling retail establishment to continue in operation (Form No.08 of Appendix enclosed Decree No.09/2018/ND)
(2) Representation about the retail establishment includes the following contents:
- Location of retail establishment: Address of retail establishment; description of the general area, relevant area and the area for setting up retail establishment; representation of satisfaction of conditions prescribed in Point c Clause 1 Article 22 of Decree No.09/2018/ND-CP; representation of criteria prescribed in Points c, d and đ Clause 2 Article 23 of Decree No.09/2018/ND-CP; and enclosed retail establishment documentation.
- Business situation of retail outlet; business plan and market development; labor need; evaluation of the implications and socio-economic effectiveness of the business plan;
- Business result of retail outlet in consideration of the latest audited financial statement.
(3) General report on business results of foreign-invested economic organizations in consideration of the latest audited financial statement; financial plan; and enclosed financial documents;
(4) A document justifying that the enterprise incurs no overdue tax issued by the tax authority;
(5) Copies of: Certificate of Business Registration, Certificate of Registration for Retail Establishment (if any), Business License (if any).
- Number of the dossiers: 02 (two) sets
d) Time limit for settlement: 55 working days from the date of receipt of complete and valid dossiers (in which, processing time at Ministry of Industry and Trade is 30 working days, Department of Industry and Trade is 25 working days), excluding the time for document transfer between agencies.
e) Entities of administrative procedures: Economic organizations with retail establishments in Vietnam, after receiving contributed capital, becoming foreign-invested economic organizations, economic organizations falling into the cases specified at Points of b and c, Clause 1, Article 23 of the Law on Investment, having the need for retail establishments to continue operating.
f) Agency carrying out administrative procedures: Ministry of Industry and Trade, and Department of Industry and Trade
g) Results of administrative procedures: The retail establishment License
h) Fees and charges: None
i) Application form and declaration:
Form No.08 of Appendix enclosed Decree No.09/2018/ND-CP date January 15th, 2018
Form No.09 of Appendix enclosed Decree No.09/2018/ND-CP date January 15th, 2018
Form No.10 of Appendix enclosed Decree No.09/2018/ND-CP date January 15th, 2018
j) Requirements and conditions for administrative procedures:
- The location of the retail establishment is consistent with the relevant planning in the geographical market area.
- Impacts of the retail establishments on the market stability and business operation of other retail establishments and traditional markets in the geographical market area.
- Impacts of retail establishments on traffic density, environment hygiene, and fire safety in the relevant geographic market area
- The potential contribution of the retail establishments to the socio-economic development of the relevant geographic market, specifically:
(i) Creating jobs for domestic workers;
(ii) Contributing to the development and modernization of the retail sector in the geographical market area;
(iii) Improvement of environment and living conditions for local people in the geographical market area;
(iv) Potential and actual contribution to the State budget.
k) Legal basis:
- Commercial Law dated June 14th, 2005;
- Law on Foreign Trade Management dated June 12th, 2017;
- Law on Investment dated November 26th, 2014;
- Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment date November 22th, 2016;
- Decree No.09/2018/ND-CP dated January 15th, 2018 of the Government guidelines for the Law on Commerce and the Law on Foreign Trade Management regarding sale of goods and other activities directly related to sale of goods of foreign investors and foreign-invested economic organizations in Vietnam.
* Attachments:
PPC’s procedures to approve the investment policy for golf course construction and business project (as per provisions at Point c, Clause 1, Article 32 of the Investment Law)
a) Executive steps:
Step 1:
The investor or a competent state agency shall submit a complete application at the Dossier Receiving and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a receipt (to inform the appointment date).
- If the dossier is incomplete and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor or a competent state agency within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, the investor or competent agency shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or competent agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- The dossier requesting the approval of investment policy by the investor shall include:
+ An application requesting to perform the investment Project, including a commitment to bear all costs and risks if the project is not approved;
+ Relevant papers on the investor’s legal entity;
+ Proof of the investor’s financial capacity, including at least one of the followings: financial reports in the two latest years; parent company’s commitment of financial support; commitment of financial support from a financial organization; guarantee of financial capacity of the investor; other documents proving financial capacity of the investor;
+ Investment project proposal including the following information: investor or investor selection modality, investment objective, investment scale, capital and capital mobilization option, location, timeframe, progress, land use status quo of the project location and proposed land use need (if any), demand on labor force, proposed investment incentive, impact, social-economic effect, preliminary environmental impact assessment (if any) as per the environment protection law.
In case the construction law requires a pre-feasibility study, the investor is entitled to submit the pre-feasibility study instead of the investment project proposal.
+ If the investment project does not require land allocation, land lease, or change of land use status, it is requested to attach a copy of land use right or other documents confirming the use of the location for the investment project;
+ Statement of technology used in the investment project should it be required to technology verification or consultation, by law on technology transfer;
+ Business Cooperation Contract for the investment project under BCC;
+ Other documents related to the investment project, conditions and capacity of the investor as per laws (if any).
+ Supporting documents explaining the proposed investor selection modality as set forth at Clauses 1 & 2, Article 33 of the Investment Law:
● A copy of the list of projects acquiring land which is endorsed by provincial People’s Council; proof certifying land clearance (if any), other documents (if any) in case the proposal’s investor selection is undertaken by land use auction in accordance with the law on land.
● A copy of the list of projects acquiring land which is endorsed by provincial People’s Council; proof certifying land not cleared (if any), other documents (if any) in case the proposed investor selection is undertaken by land use bidding. In this case, the investment project proposal shall preliminarily determine the total cost of project implementation, which is determined on the basis of the total investment of the project in accordance with the law on construction, excluding costs on compensation, support and resettlement.
If the bidding to select the investor in accordance with the law on socialization or sectoral law, supporting documents shall base on legislative and condition of selecting in accordance with the law on socialization or sectoral law.
● Documents proving that the project is not in the list acquiring land which is endorsed by provincial People’s Council; a valid copy of the decision on land allocation or land lease, the land use right lease contract or the land use right certificate, the certificate of house ownership and residential land use right, the land use right certificate, house ownership and other land-attached assets in case the proposal for approval of the investment policy and concurrently with the investor's approval for the investor who has the right to use the land according to the provisions of law specified at Point a, Clause 4, Article 29 of the Law on Investment.
● A valid copy of correspondences of authorized people’s committee approving the transfer, capital contribution, rent of land use right to perform the investment project and valid copies of other papers agreeing to use the location to perform the investment project in case the proposal for approval of the investment policy and concurrently with the investor's approval for the investor who has the right to use the land according to the provisions of law specified at Point a, Clause 4, Article 29 of the Law on Investment.
- Dossier requesting the approval of investment policy on the project which is prepared by a competent state agency shall consist:
+ Application for approval of the investment policy;
+ The investment Project proposal includes the following key parts: investment objective, scale, capital, location, timeframe, progress, impact, socio-economic effects; status quo of the project location and proposed land use need (if any), demand on labor force, proposed investment incentive, impact, social-economic effect, preliminary environmental impact assessment (if any) as per the environment protection law; expected form of investor selection and conditions for investors (if any); special mechanisms and policies (if any).
In case the construction law requires a pre-feasibility study, the competent state agency is entitled to submit the pre-feasibility study instead of the investment project proposal.
+ Supporting documents explaining the proposed investor selection modality as set forth at Clauses 1 & 2, Article 33 of the Investment Law:
● A copy of the list of projects acquiring land which is endorsed by provincial People’s Council; proof certifying land clearance (if any), other documents (if any) in case the proposal’s investor selection is undertaken by land use auction in accordance with the law on land.
● A copy of the list of projects acquiring land which is endorsed by provincial People’s Council; proof certifying land not cleared (if any), other documents (if any) in case the proposed investor selection is undertaken by land use bidding. In this case, the investment project proposal shall preliminarily determine the total cost of project implementation, which is determined on the basis of the total investment of the project in accordance with the law on construction, excluding costs on compensation, support and resettlement.
If the bidding to select the investor in accordance with the law on socialization or sectoral law, supporting documents shall base on legislative and condition of selecting in accordance with the law on socialization or sectoral law.
● Documents proving that the project is not in the list acquiring land which is endorsed by provincial People’s Council; a valid copy of the decision on land allocation or land lease, the land use right lease contract or the land use right certificate, the certificate of house ownership and residential land use right, the land use right certificate, house ownership and other land-attached assets in case the proposal for approval of the investment policy and concurrently with the investor's approval for the investor who has the right to use the land according to the provisions of law specified at Point a, Clause 4, Article 29 of the Law on Investment.
● A valid copy of documents of authorized people’s committee approving the transfer, capital contribution, rent of land use right to perform the investment project and valid copies of other papers agreeing to use the location to perform the investment project in case the proposal for approval of the investment policy and concurrently with the investor's approval for the investor who receives the transfer, capital contribution, or rents the right to use agricultural land to perform a non-agricultural production, business project according to the provisions of law specified at Point b, Clause 4, Article 29 of the Law on Investment.
d) Quantity of dossier: 04 sets.
đ) Processing time: 35 days, details:
- Within 25 days from the receiving of the valid dossier of the investment project, the Authority develops an appraisal report and submit to PPC to approve the investment policy.
- Within seven working days from the receiving of the valid dossier and the appraisal report, PPC considers to approve the investment policy.
e) Executive agencies:
- The Authority receives, consults and appraises;
- PPC approves the investment policy.
g) Subjects of the administrative procedures:
- Investor;
- Competent state agency.
h) Result of administrative procedures:
PPC’s decision approving the investment policy in line with Form A.II.1 enclosed with Circular 03/2021/TT-BKHĐT or a letter notifying the refusal to approve the investment policy (stating reasons).
i) Fee: Nil.
k) Titles of forms and templates:
- Application for investment project implementation, as per Form A.I.1 enclosed with Circular 03/2021/TT-BKHĐT.
- Investment project proposal (project to be approved is prepared by a competent state agency), as per Form A.I.2 enclosed with Circular 03/2021/TT-BKHĐT.
- Investment project proposal (project to be approved is prepared by an investor), as per Form A.I.3 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements, conditions to perform procedures:
- The project falls under provisions at Point c, Clause 1, Article 21 of the Law on Investment.
- Conditions on golf course investment and business under Decree 52/2020/NĐ-CP dated 27 April 2020 of the government on golf course investment and business.
m) Legal basis of administrative procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authority and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for approval of investment policies by the Authority as prescribed in Clause 7, Article 33, Decree 31/2021/NĐ-CP.
a) Executive steps:
Step 1:
The investor or a competent state agency shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the application is complete, the officer will receive the application and issue a receipt (with an appointment for the return of results).
- If the dossier is incomplete, there is a request to supplement the dossier (receive it online or by post), the Authority will notify in writing the Investor or a competent state agency within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor or state competent agency shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or state competent agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier component:
- The dossier requesting the approval of investment policy proposed by the investor shall include:
+ An application for investment project implementation, including a commitment to bear all costs and risks if the project is not approved;
+ Relevant papers on the investor’s legal entity;
+ Proof of the investor’s financial capacity, including at least one of the following documents: financial reports in the two latest years; parent company’s commitment of financial support; commitment of financial support from a financial organization; guarantee of financial capacity of the investor; other documents proving financial capacity of the investor;
+ Investment project proposal including the following information: investor or investor selection modality, investment objective, investment scale, capital and capital mobilization option, location, timeframe, progress, land use status quo of the project location and proposed land use need (if any), demand on labor force, proposed investment incentive, impact, social-economic effect, preliminary environmental impact assessment (if any) as per the environment protection law.
In case the construction law requires a pre-feasibility study, the investor is entitled to submit the pre-feasibility study instead of the investment project proposal.
+ If the investment project does not require land allocation, land lease, or change of land use status, it is requested to attach a copy of land use right or other documents confirming the right to use the location for the investment project;
+ Statement of technology used in the investment project should it be required to technology verification or consultation, by law on technology transfer;
+ Business Cooperation Contract for the investment project under BCC;
+ Other documents related to the investment project, conditions and capacity of the investor as per laws (if any).
+ Supporting documents explaining the proposed investor selection modality as set forth at Clauses 1 & 2, Article 33 of the Investment Law:
● A copy of the list of projects acquiring land which is endorsed by provincial People’s Council; proof certifying land clearance (if any), other documents (if any) in case the proposal’s investor selection is undertaken by land use auction in accordance with the law on land.
● A copy of the list of projects acquiring land which is endorsed by provincial People’s Council; proof certifying land not cleared (if any), other documents (if any) in case the proposed investor selection is undertaken by land use bidding. In this case, the investment project proposal shall preliminarily determine the total cost of project implementation, which is determined on the basis of the total investment of the project in accordance with the law on construction, excluding costs on compensation, support and resettlement.
If the bidding to select the investor in accordance with the law on socialization or sectoral law, supporting documents shall base on legislative and condition of selecting in accordance with the law on socialization or sectoral law.
● Documents proving that the project is not in the list acquiring land which is endorsed by provincial People’s Council; a valid copy of the decision on land allocation or land lease, the land use right lease contract or the land use right certificate, the certificate of house ownership and residential land use right, the land use right certificate, house ownership and other land-attached assets in case the proposal for approval of the investment policy and concurrently with the investor's approval for the investor who has the right to use the land according to the provisions of law specified at Point a, Clause 4, Article 29 of the Law on Investment.
● A valid copy of documents of authorized people’s committee approving the transfer, capital contribution, rent of land use right to perform the investment project and valid copies of other papers agreeing to use the location to perform the investment project in case the proposal for approval of the investment policy and concurrently with the investor's approval for the investor who receives the transfer, capital contribution, or rents the right to use agricultural land to perform a non-agricultural production, business project according to the provisions of law specified at Point b, Clause 4, Article 29 of the Law on Investment.
+ Investment project proposal for a construction project shall include:
● The contents specified at Point d Clause 1 or Point b Clause 2 Article 33 of the Law on Investment; explain the fulfillment of urban development objectives and orientations, housing development programs and plans; the proposed division of the project into components (if any); preliminary investment divergence plan to ensure synchronization; preliminary structure of housing products and the setting aside of land fund for social housing development; preliminary plan for investment in construction and management of urban infrastructure inside and outside the project scope, in which including preliminary proposals for urban infrastructure that investors retain for business investment, urban infrastructure that the investor is responsible for handing over or proposing to hand over to the locality for housing or urban investment projects.
For urban area projects, if the construction law requires a pre-feasibility study report, the investor or a competent state agency is entitled to submit or use the pre-feasibility study report instead of an investment project proposal, including the preliminary proposal for the part of urban infrastructure that the investor retains for business investment, the part of urban infrastructure that the investor is responsible for handing over or proposing to hand over to the local.
● The contents specified at Point d Clause 1 or Point b Clause 2 Article 33 of the Law on Investment, the proposed division of the project into components (if any) to construction investment projects which are not provided in Point a Clause 3 Article 31 of Decree 31/2021/NĐ-CP.
- Dossier requesting the approval of investment policy on the project which is prepared by a competent state agency shall consist:
+ Statement to approve the investment policy;
+ The investment Project proposal includes the following key parts: investment objective, scale, capital, location, timeframe, progress, impact, socio-economic effects; status quo of the project location and proposed land use need (if any), demand on labor force, proposed investment incentive, impact, social-economic effect, preliminary environmental impact assessment (if any) as per the environment protection law; expected form of investor selection and conditions for investors (if any); special mechanisms and policies (if any).
In case the construction law requires a pre-feasibility study, the competent state agency is entitled to submit the pre-feasibility study instead of the investment project proposal.
+ Supporting documents explaining the proposed investor selection modality as set forth at Clauses 1 & 2, Article 33 of the Investment Law:
● A copy of the list of projects acquiring land which is endorsed by provincial People’s Council; proof certifying land clearance (if any), other documents (if any) in case the proposal’s investor selection is undertaken by land use auction in accordance with the law on land.
● A copy of the list of projects acquiring land which is endorsed by provincial People’s Council; proof certifying land not cleared (if any), other documents (if any) in case the proposed investor selection is undertaken by land use bidding. In this case, the investment project proposal shall preliminarily determine the total cost of project implementation, which is determined on the basis of the total investment of the project in accordance with the law on construction, excluding costs on compensation, support and resettlement.
If the bidding to select the investor in accordance with the law on socialization or sectoral law, supporting documents shall base on legislative and condition of selecting in accordance with the law on socialization or sectoral law.
● Documents proving that the project is not in the list acquiring land which is endorsed by provincial People’s Council; a valid copy of the decision on land allocation or land lease, the land use right lease contract or the land use right certificate, the certificate of house ownership and residential land use right, the land use right certificate, house ownership and other land-attached assets in case the proposal for approval of the investment policy and concurrently with the investor's approval for the investor who has the right to use the land according to the provisions of law specified at Point a, Clause 4, Article 29 of the Law on Investment.
● A valid copy of documents of authorized people’s committee approving the transfer, capital contribution, rent of land use right to perform the investment project and valid copies of other papers agreeing to use the location to perform the investment project in case the proposal for approval of the investment policy and concurrently with the investor's approval for the investor who receives the transfer, capital contribution, or rents the right to use agricultural land to perform a non-agricultural production, business project according to the provisions of law specified at Point b, Clause 4, Article 29 of the Law on Investment.
+ Investment project proposal for a construction project shall include:
● The contents specified at Point d Clause 1 or Point b Clause 2 Article 33 of the Law on Investment; explain the fulfillment of urban development objectives and orientations, housing development programs and plans; the proposed division of the project into components (if any); preliminary investment divergence plan to ensure synchronization; preliminary structure of housing products and the setting aside of land fund for social housing development; preliminary plan for investment in construction and management of urban infrastructure inside and outside the project scope, in which including preliminary proposals for urban infrastructure that investors retain for business investment, urban infrastructure that the investor is responsible for handing over or proposing to hand over to the locality for housing or urban investment projects.
For urban area projects, if the construction law requires a pre-feasibility study report, the investor or a competent state agency is entitled to submit or use the pre-feasibility study report instead of an investment project proposal, including the preliminary proposal for the part of urban infrastructure that the investor retains for business investment, the part of urban infrastructure that the investor is responsible for handing over or proposing to hand over to the local.
● The contents specified at Point d Clause 1 or Point b Clause 2 Article 33 of the Law on Investment, the proposed division of the project into components (if any) to construction investment projects which are not provided in Point a Clause 3 Article 31 of Decree 31/2021/NĐ-CP.
d) Quantity of dossier: 04 sets.
đ) Processing time: 25 days.
Within 25 days from the receiving of the valid dossier, the Authority prepares an appraisal report and decide to approve the investment policy.
e) Executive agencies:
The Authority receives, consults, appraises and approves the investment policy.
g) Subjects of the administrative procedures:
- Investor;
- Competent state agency.
h) Result of administrative procedures:
A decision approving the investment policy in line with Form A.II.1 enclosed with Circular 03/2021/TT-BKHĐT or a letter notifying the refusal to approve the investment policy (stating reasons).
i) Fee: Nil.
k) Titles of forms and templates:
- Application for investment project implementation, as per Form A.I.1 enclosed with Circular 03/2021/TT-BKHĐT.
- Investment project proposal (project to be approved is prepared by a competent state agency), as per Form A.I.2 enclosed with Circular 03/2021/TT-BKHĐT.
- Investment project proposal (project to be approved is prepared by an investor), as per Form A.I.3 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements, conditions to perform procedures:
For investment projects in industrial parks, export processing zones, high-tech zones and economic zones specified in Clause 1, Article 32 of the Law on Investment.
m) Legal basis of administrative procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for investor approval for investment projects implemented in economic zones specified in Clause 4, Article 30 of Decree No. 31/2021/NĐ-CP
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is sufficient, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for approval of the investor;
- Relevant papers on the investor’s legal entity;
- Proof of the investor’s financial capacity, including at least one of the following documents: financial reports in the two latest years; parent company’s commitment of financial support; commitment of financial support from a financial organization; guarantee of financial capacity of the investor; other documents proving financial capacity of the investor;
- Statement of technology used in the investment project should it be required to technology verification or consultation, by law on technology transfer;
- Business Cooperation Contract for the investment project under BCC;
- Other documents related to the investment project, conditions and capacity of the investor as per laws (if any).
d) Quantity of dossier: 04 sets.
đ) Processing time: 25 days
Within 25 days from the date of receiving the dossier, the Authority approves the investor.
e) Executing bodies:
The Authority receives, consults, appraises and approves the investor.
g) Subject of administrative procedures:
The investor.
h) Results of administrative procedures:
A decision approving the investor in line with Form A.II.5 attached with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil
k) Template, form titles:
Application for approval of investor, in line with Form A.I.5 attached with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions to implement the procedures:
Investment projects at economic zones as stipulated at Clause 2 Article 32 of the law on investment.
m) Legal basis for administrative procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to issue Investment Registration Certificate for projects not subject to approval of investment policy.
a) Executive steps:
Step1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is sufficient, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn or National Information System on investment.
c) Dossier components:
- An application for investment project implementation, including a commitment to bear all costs and risks if the project is not approved;
- Relevant papers on the investor’s legal entity;
- Proof of the investor’s financial capacity, including at least one of the following documents: financial reports in the two latest years; parent company’s commitment of financial support; commitment of financial support from a financial organization; guarantee of financial capacity of the investor; other documents proving financial capacity of the investor;
- Investment project proposal including the following information: investor or investor selection modality, investment objective, investment scale, capital and capital mobilization option, location, timeframe, progress, land use status quo of the project location and proposed land use need (if any), demand on labor force, proposed investment incentive, impact, social-economic effect, preliminary environmental impact assessment (if any) as per the environment protection law.
In case the construction law requires a pre-feasibility study, the investor is entitled to submit the pre-feasibility study instead of the investment project proposal.
- If the investment project does not require land allocation, land lease, or change of land use status, it is requested to attach a copy of land use right or other documents confirming the use of the location for the investment project;
- Statement of technology used in the investment project should it be required to technology verification or consultation, by law on technology transfer;
- Business Cooperation Contract for the investment project under BCC;
- Other documents related to the investment project, conditions and capacity of the investor as per laws (if any).
(*) For those projects in implementation progress, the investor shall submit dossier as above, in which, the investment project proposal is replaced by an investment project implementation report, from the beginning to the time requesting for an Investment Registration Certificate.
d) Quantity of dossier: 01 set.
đ) Processing time: 15 days.
Within 15 days from the date receiving the valid dossier, the Authority issues an Investment Registration Certificate.
e) Executing agencies: The Authority receives the dossier and issues Investment Registration Certificate.
g) Subjects of administrative procedures:
- Domestic investors with demand of Investment Registration Certificates;
- Foreign investors;
- Economic organizations with foreign capitals as specified in Point a, b and c Clause 1 Article 23 of the Law on Investment.
h) Outcomes of administrative procedures:
Investment Registration Certificate as per Form A.II.8 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Templates and forms:
- Application for investment project implementation as per Form A.I.1 enclosed with Circular 03/2021/TT-BKHĐT.
- Investment project proposal as per Form A.I.4 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for the procedures:
- Not belong to industries or sectors banned from investment and business as prescribed in Article 6 of the Law on Investment and international treaties on investment;
- Having a location for implementation of an investment project, determined on the basis of a valid copy of the land use right document or a valid copy of the location lease agreement or other document determining the right to use the site to carry out investment projects;
- Investment projects are relevant to plans as regulated in Clause 7 Article 31 of Decree 31/2021/NĐ-CP;
- Meeting the conditions on investment unit cost on a land area prescribed by the Provincial People's Committee based on the actual conditions of the province and approved by the Standing Provincial People's Council (if any), the number of employees employed (if any);
- Meeting the conditions accessing the market in case of foreign investors.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to adjust the investment project, which investment policy is approved by Provincial People’s Committee
a) Executive steps:
Step 1:
The investor or a competent state agency shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor or a competent state agency within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor or competent state agency shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or state competent agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for investment project adjustment;
- Report on investment project implementation to the time of adjustment;
- Investor’s decision on the investment project adjustment, in case the investor is an organization;
- Explanation or supporting documents related to the adjustment content as specified in points b, c, d, đ, e, g and h Clause 1 Article 33 of the law on investment (if any).
d) Quantity of dossier: 04 sets.
đ) Processing time: 35 days, detailed:
- Within 25 days from the receiving of the valid dossier of the investment project, the Authority develops an appraisal report and submit to PPC to approve the adjustment of investment policy.
- Within seven working days from the receiving of the valid dossier and the appraisal report, PPC considers to approve the adjustment of investment policy.
e) Executive agencies:
- The Authority receives, consults and appraises the dossier;
- PPC approves the adjustment of investment policy.
g) Subject of administrative procedures:
- investor;
- Competent state agency.
h) Outcomes of administrative procedures:
A decision to approve the investment policy as per Form A.II.2 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Template, forms:
- Application for investment project adjustment (applicable to other adjustments) as per Form A.I.11.h enclosed with Circular 03/2021/TT-BKHĐT.
- A report of investment project implementation to the time of adjustment as per Form A.I.12 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions of administrative procedures:
The investment project which the investment policy is approved by PPC and is adjusted by the investor shall fall under following cases:
- Change the objectives specified in the investment policy approval document; supplement objectives subject to approval of investment policies;
- Change of land area from 10% or from 30 hectare, change of investment location;
- Change total investment capital from 20% which will change the investment project scale;
- Extend the progress of an investment project and the total project investment time exceeds 12 months compared with that specified in the document approving the first investment policy
- Adjust time limit of the investment project;
- Change of technology which was appraised, consulted during the approval of investment policy;
- Change of investor of an investment project for which the investment policy is approved concurrently with the investor prior to the project's exploitation, operation or change of conditions for the investor (if any).
This procedure also applies to investment projects subject to decision on investment policy, approval of investment policy or approval of investment in accordance with the law on investment, housing, urban and construction prior to the time the Law on Investment takes effect (before January 1, 2021) and has been approved by a competent state agency or decided on investment policies before the effective date of the Investment Law. Now, the investor adjusts the investment project as specified in Clause 3, Article 41 of the Law on Investment.
m) Legal basis for administrative procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to adjust the project, which the investment policy is approved by the Authority.
a) Executive steps:
Step 1:
The investor or a competent state agency shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor or a competent state agency within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor or competent state agency shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or state competent agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for investment project adjustment;
- Report on investment project implementation to the time of adjustment;
- Investor’s decision on the investment project adjustment, in case the investor is an organization;
- Explanation or supporting documents related to the adjustment content as specified in points b, c, d, đ, e, g and h Clause 1 Article 33 of the law on investment (if any).
d) Quantity of dossier: 04 sets.
đ) Processing time: 25 days:
Within 25 days from the receiving of the valid dossier of the investment project, the Authority decides to approve the adjustment of investment policy.
e) Executive agencies:
The Authority receives, consults, appraises and approves the adjustment of investment policy.
g) Subject of administrative procedures:
- Investor;
- Competent state agency.
h) Outcomes of administrative procedures:
A decision to approve the investment policy as per Form A.II.2 or Form A.II.4 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Template, forms:
- Application for investment project adjustment (applicable to other adjustments) as per Form A.I.11.h enclosed with Circular 03/2021/TT-BKHĐT.
- A report of investment project implementation to the time of adjustment as per Form A.I.12 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions of administrative procedures:
The investment project which the investment policy is approved by the Authority and is adjusted by the investor shall fall under following cases:
- Change the objectives specified in the investment policy approval document; supplement objectives subject to approval of investment policies;
- Change of land area from 10% or from 30 hectare, change of investment location;
- Change total investment capital from 20% which will change the investment project scale;
- Extend the progress of an investment project and the total project investment time exceeds 12 months compared with that specified in the document approving the first investment policy
- Adjust time limit of the investment project;
- Change of technology which was appraised, consulted during the approval of investment policy;
- Change of investor of an investment project for which the investment policy is approved concurrently with the investor prior to the project's exploitation, operation or change of conditions for the investor (if any).
This procedure also applies to investment projects subject to decision on investment policy, approval of investment policy or approval of investment in accordance with the law on investment, housing, urban and construction prior to the time the Law on Investment takes effect (before January 1, 2021) and has been approved by a competent state agency or decided on investment policies before the effective date of the Investment Law. Now, the investor adjusts the investment project as specified in Clause 3, Article 41 of the Law on Investment.
m) Legal basis for administrative procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to adjust the investment project in case the project has been granted with Investment Registration Certificate and not subject to approval of investment policy.
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Case 1 (change of the investment project name, investor name):
+ Application for investment project adjustment;
+ Relevant documents of changing the investment project name, investor’s name.
- Case 2 (change of other contents on Investment Registration Certificate):
+ Application for investment project adjustment;
+ Report on the investment project implementation to the adjustment time;
+ Investor’s decision on adjusting the investment project if the investor is an organization;
+ Explanation or supporting documents related to the adjustment content as specified in points b, c, d, đ, e, g and h Clause 1 Article 33 of the law on investment (if any).
d) Quantity of dossier: 01 set.
đ) Processing time:
- For Case 1 (change of project name, investor’s name): 03 working days.
- For Case 2 (change of other contents on Investment Registration Certificate): 10 days.
Within 03 working days (case 1) or 10 days (case 2) from the date of receiving the valid dossier, the Authority adjusts the investment registration certificate.
e) Executive body:
The Authority receives the application, adjusts the investment registration certificate.
g) Subject of the procedures:
The investor who has been granted with investment registration certificate.
h) Outcome of the procedures:
Adjusted Investment Registration Certificate as Form A.II.9 enclosed with Circular 03/2021/TT-BKHĐT dated 09/4/2021.
i) Fee: Nil.
k) Templates and forms:
- Application for investment project adjustment as per Form A.I.11.h enclosed with Circular 03/2021/TT-BKHĐT dated 09/4/2021;
- A report of investment project implementation to the time of adjustment as Form A.I.12 enclosed with Circular 03/2021/TT-BKHĐT dated 09/4/2021.
l) Requirements and conditions for procedures:
The project has been granted with investment registration certificate.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to adjust the investment project in case the investor transfers a part or the whole of the investment project.
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for investment project adjustment;
- A report on the investment project implementation to the time of project transfer;
- A contract or an in-principle contract on transfer of a part or the whole of the project;
- A copy of legal entity documents of transferor and transferee;
- A copy of investment registration certificate; decision on approving investment policy; decision on approving the investor (if any);
- A copy of BCC (to investment project under BCC);
- A copy of one of the following documents from the transferee: financial reports in the last two years or audit reports of investors' equity; parent company’s commitment of financial support; commitment of financial support from a financial organization; guarantee of financial capacity of the investor; other documents proving financial capacity of the investor.
d) Quantity of dossier: 04 sets.
đ) Processing time:
- The Authority decides to approve the adjustment of investment policy within 25 days.
- PPC decides to approve the adjustment of investment policy within 35 days, in which:
+ Within 25 days from the date receiving valid application, the Authority develops an appraisal report for adjustments of the project to submit PPC;
+ Within 07 working days from the date receiving the application and appraisal report from the Authority, PPC decides to approve the adjustment of investment policy.
e) Executive agencies:
- The Authority receives, consults, appraises and approves the adjustment of investment policy (for projects which investment policy subject to be approved by the Authority).
- PPC approves the adjustment of investment policy (for projects which investment policy subject to be approved by PPC).
g) Subject of administrative procedures:
Investor.
h) Outcomes of administrative procedures:
A decision to approve the adjustment of investment policy as per Form A.II.2 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Template, forms:
- Application for investment project adjustment as per Form A.I.11.a enclosed with Circular 03/2021/TT-BKHĐT.
- A report of investment project implementation to the time of adjustment as per Form A.I.20 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- Meeting the conditions for transfer of investment project as specified at Article 46 of the law on investment, details:
1. The investor is entitled to transfer a part or the whole of the investment project to another investor if meeting the following conditions:
a) The transferred investment project or a part of that is not terminated as provided by Clause 1 and Clause 2 Article 48 of the Investment Law;
b) Foreign investor receiving the transfer of the project or a part of that shall meet the conditions specified at Clause 2 Article 24 of the Investment Law;
c) Conditions provided by the law on land in case of transfer of investment projects associated with the transfer of land use rights and land-attached assets;
d) Conditions as prescribed by law on housing, law on real estate business in case of transfer of housing investment project, real estate projects;
đ) Conditions specified in the written approval of investment policy, investment registration certificate or other relevant laws (if any)
e) When transferring investment projects, in addition to complying with the provisions of Article 48 of Decree 31/2021/NĐ-CP, state enterprises are responsible for complying with the provisions of law on management and use of state capital in production and business before making adjustments to investment projects.
2. In case meeting the transfer conditions as provided at Clause 1 of Article 48 of Decree 31/2021/NĐ-CP, procedures to transfer the whole or a part of the investment project are as follows:
a) For an investment project that the investor is approved as per Article 29 of the Investment Law and the investment project is granted an Investment Registration Certificate, the investor shall carry out procedures for adjusting the investment project in accordance with Article 41 of the Investment Law;
b) For investment projects that do not fall into the cases specified at Point a of this Section, the transfer of the investment project or the transfer of property ownership to the investor receiving the investment project shall comply with regulations of the law on civil, enterprise, real estate business and other relevant laws.
This procedure also applies to investment projects subject to decision on investment policy, approval of investment policy or approval of investment in accordance with the law on investment, housing, urban and construction prior to the time the Law on Investment takes effect (before January 1, 2021) and has been approved by a competent state agency or decided on investment policies before the effective date of the Investment Law. Now, the investor adjusts the investment project as specified in Clause 3, Article 41 of the Law on Investment.
m) Legal basis of procedures
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for adjustment of investment projects in case the investor receives the transfer of the investment project as security.
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for investment project adjustment;
- An investment project transfer contract between the secured party and the transferee investor
- Loan contract or credit contract or debt purchase and sale contract (if any);
- A contract or document confirming the security transaction (if any);
- A written confirmation of auction winning in case the secured party or civil judgment enforcement agency auctions the property (if any);
- A copy of legal entity documents of transferor and transferee;
- A copy of investment registration certificate; decision on approving investment policy; decision on approving the investor (if any);
- A copy of one of the following documents from the transferee: financial reports in the last two years or audit reports of investors' equity; parent company’s commitment of financial support; commitment of financial support from a financial organization; guarantee of financial capacity of the investor; other documents proving financial capacity of the investor.
- A written confirmation by the secured party on legal status of the security.
d) Quantity of dossier: 04 sets.
đ) Processing time:
- The Authority decides to approve the adjustment of investment policy within 25 days.
- PPC decides to approve the adjustment of investment policy within 35 days, in which:
+ Within 25 days from the date receiving valid application, the Authority develops an appraisal report for adjustments of the project to submit PPC;
+ Within 07 working days from the date receiving the application and appraisal report from the Authority, PPC decides to approve the adjustment of investment policy.
e) Executive agencies:
- The Authority receives, consults, appraises and approves the adjustment of investment policy (for projects which investment policy subject to be approved by the Authority).
- PPC approves the adjustment of investment policy (for projects which investment policy subject to be approved by PPC).
g) Subject of administrative procedures:
Investor.
h) Outcomes of administrative procedures:
A decision to approve the adjustment of investment policy as per Form A.II.2 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Template, forms:
- Application for investment project adjustment as per Form A.I.11.c enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- For an investment project, that has been approved for investment policy concurrently with the investor, that transfers the entire investment project, it is subject to Point g, Clause 3, Article 41 of the Law on Investment, the secured party or the transferee investor of the investment project submits the dossier as specified in Clause 3, Article 49 of the Decree 31/2021/NĐ-CP and carries out the project adjustment procedures in accordance with the respective provisions of Articles 44, 45 and 46 of Decree 31/2021/NĐ-CP;
- For an investment project that has been approved for investment policy and the transfer of the project changes the content of the approval of the investment policy, it is subject to either Points a, b, c, d, đ and e, Clause 3, Article 41 of the Law on Investment, procedures for project adjustment upon transfer shall comply with the respective provisions in Articles 44, 45 and 46 of Decree 31/2021/ND-CP, except for the case provided in Clause 5, Article 49 of Decree 31 /2021/ND-CP.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for investment project adjustment in case of division, separation, merger of an investment project.
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for investment project adjustment;
- A report on the project implementation to the time of division, separation, merger of the investment project;
- The investor’s decision on the division, separation, merger of the investment project or other equivalent valid document;
- A copy of legal entity documents of the investor;
- A copy of investment registration certificate; decision on approving investment policy (if any);
- Explanations or supporting document related to adjusting the contents as provided at points b, c, d, đ, e, g and h of Clause 1 Article 33 of the law on investment (if any);
d) Quantity of dossier: 04 sets.
đ) Processing time:
- The Authority decides to approve the adjustment of investment policy within 25 days.
- PPC decides to approve the adjustment of investment policy within 35 days, in which:
+ Within 25 days from the date receiving valid application, the Authority develops an appraisal report for adjustments of the project to submit PPC;
+ Within 07 working days from the date receiving the application and appraisal report from the Authority, PPC decides to approve the adjustment of investment policy.
e) Executive agencies:
- The Authority receives, consults, appraises and approves the adjustment of investment policy (for projects which investment policy subject to be approved by the Authority).
- PPC approves the adjustment of investment policy (for projects which investment policy subject to be approved by PPC).
g) Subject of administrative procedures:
Investor.
h) Outcomes of administrative procedures:
A decision to approve the adjustment of investment policy as per Form A.II.2 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Template, forms:
- Application for investment project adjustment as per Form A.I.11.d enclosed with Circular 03/2021/TT-BKHĐT.
- Report on the investment project implementation to the time of adjustment as Form A.I.12 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- The division, separation and merger of an investment project falls under the authority of the PPC to approve investment policy and in one of the cases specified in Clause 3, Article 41 of the Law on Investment.
- The division, separation and merger of an investment project shall meet the following conditions:
+ Conditions for land use in accordance with the land law, business investment conditions (if any) and other conditions as prescribed by law;
+ Not allowed to change the investor's conditions (if any) in the Decision approving the investment policy or the investment registration certificate before the division, separation or merger of the investment project.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to adjust the investment project in case of division, separation, consolidation, merger or transformation of economic organizations
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for investment project adjustment;
- A copy of legal entity documents of the economic organization after the re-organization;
- A copy of the reorganized investor’s decision/resolution on the reorganization, which contains the contents of the asset handling, rights and obligations related to the investment project;
- Explanations or supporting document related to adjusting the contents as provided at points b, c, d, đ, e, g and h of Clause 1 Article 33 of the law on investment (if any);
- A copy of investment registration certificate; decision on approving investment policy (if any).
d) Quantity of dossier: 04 sets.
đ) Processing time:
- The Authority decides to approve the adjustment of investment policy within 25 days.
- PPC decides to approve the adjustment of investment policy within 35 days, in which:
+ Within 25 days from the date receiving valid application, the Authority develops an appraisal report for adjustments of the project to submit PPC;
+ Within 07 working days from the date receiving the application and appraisal report from the Authority, PPC decides to approve the adjustment of investment policy.
e) Executive agencies:
- The Authority receives, consults, appraises and approves the adjustment of investment policy (for projects which investment policy subject to be approved by the Authority).
- PPC approves the adjustment of investment policy (for projects which investment policy subject to be approved by PPC).
g) Subject of administrative procedures:
Investor.
h) Outcomes of administrative procedures:
A decision to approve the adjustment of investment policy as per Form A.II.2 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Template, forms:
Application for investment project adjustment as per Form A.I.11.đ enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- The division, separation and merger of an investment project falls under the authority of the PPC to approve investment policy and in one of the cases specified in Clause 3, Article 41 of the Law on Investment.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to adjust the investment project in case of capital contribution with land use rights, land-attached assets under investment projects.
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for the investment project adjustment;
- Report on the project implementation to the time of capital contribution;
- Agreements by shareholders and members on the use of land use rights and land-attached assets under investment projects to contribute capital to establish an enterprise or contribute additional charter capital for an operating enterprise;
- Copies of documents on the legal status of capital contributors, capital contribution receivers;
- A copy of the investment registration certificate, decision on approval of investment policy, decision on approval of the investor of capital contributors (if any);
- A copy of the certificate of land use rights, the certificate of ownership of houses and residential land use rights, the certificate of land use rights, ownership of houses and other land-attached assets.
d) Quantity of dossier: 04 sets.
đ) Processing time:
- The Authority decides to approve the adjustment of investment policy within 25 days.
- PPC decides to approve the adjustment of investment policy within 35 days, in which:
+ Within 25 days from the date receiving valid application, the Authority develops an appraisal report for adjustments of the project to submit PPC;
+ Within 07 working days from the date receiving the application and appraisal report from the Authority, PPC decides to approve the adjustment of investment policy.
e) Executive agencies:
- The Authority receives, consults, appraises and approves the adjustment of investment policy (for projects which investment policy subject to be approved by the Authority).
- PPC approves the adjustment of investment policy (for projects which investment policy subject to be approved by PPC).
g) Subject of administrative procedures:
Investor.
h) Outcomes of administrative procedures:
A decision to approve the adjustment of investment policy as per Form A.II.2 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Template, forms:
- Application for investment project adjustment as per Form A.I.11.e enclosed with Circular 03/2021/TT-BKHĐT.
- A report of investment project implementation to the time of adjustment as per Form A.I.12 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- The investment project falls under the authority of the PPC to approve investment policy and in one of the cases specified in Clause 3, Article 41 of the Law on Investment.
- The capital contribution in form of land use rights and land-attached assets under investment projects to establish an economic organization or into an enterprise shall meet the following conditions:
+ Conditions as prescribed by the land law on the rights and obligations of land users and people with land-attached assets; rights and obligations of recipients of capital contribution with land use rights and land-attached assets; conditions for capital contribution and receipt of capital contribution with land use rights and land-attached assets;
+ Conditions as prescribed by law on housing, law on real estate business, law on management and use of public property and relevant laws (if any);
+ Conditions specified in the Decision on approval of investment policy, Decision on investor approval, Investment Registration Certificate, agreement between competent authority and investor or other relevant provisions of law (if any);
+ Conditions for capital contribution and receipt of capital contribution in the form of assets by state enterprises in line with the law on management and use of state capital invested in production and business, the law on management, use of public property and relevant laws for state enterprises;
+ Conditions for capital contribution, share purchase, and capital contribution purchase as specified in Clause 2, Article 24 of the Investment Law and Articles 15, 16 and 17 of Decree 31/2021/ND-CP for foreign investors, economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law and foreign-invested economic organizations;
+ Perform financial obligations (if any) in accordance with the law.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to adjust the investment project in case of using land use rights, land-attached assets under investment projects for business cooperation.
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for the investment project adjustment;
- Report on the project implementation to the time of business cooperation;
- Copies of legal status documents of parties involved in business cooperation;
- A copy of the investment registration certificate or decision on approval of investment policy, decision on approval of investors (if any) of the investor using the land use rights and land-attached assets under the project investment for business cooperation;
- A copy of one of the following documents: Certificate of land use rights, Certificate of ownership of houses and residential land use rights, Certificate of land use rights, ownership of houses and other land-attached assets;
- A copy of one of the following documents of the business cooperation party: the financial statement of the last 2 years or the investor's equity audit report, the parent company's commitment to financial support, commitment to financial support of financial institutions, guarantee of investor's financial capacity, statement on investor's financial capacity.
d) Quantity of dossier: 04 sets.
đ) Processing time:
- The Authority decides to approve the adjustment of investment policy within 25 days.
- PPC decides to approve the adjustment of investment policy within 35 days, in which:
+ Within 25 days from the date receiving valid application, the Authority develops an appraisal report for adjustments of the project to submit PPC;
+ Within 07 working days from the date receiving the application and appraisal report from the Authority, PPC decides to approve the adjustment of investment policy.
e) Executive agencies:
- The Authority receives, consults, appraises and approves the adjustment of investment policy (for projects which investment policy subject to be approved by the Authority).
- PPC approves the adjustment of investment policy (for projects which investment policy subject to be approved by PPC).
g) Subject of administrative procedures:
Investor.
h) Outcomes of administrative procedures:
A decision to approve the adjustment of investment policy as per Form A.II.2 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Template, forms:
- Application for investment project adjustment as per Form A.I.11.g enclosed with Circular 03/2021/TT-BKHĐT.
- A report of investment project implementation to the time of adjustment as per Form A.I.12 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- The investment project falls under the authority of the PPC to approve investment policy and in one of the cases specified in Clause 3, Article 41 of the Law on Investment.
- The business cooperation in form of land use rights and land-attached assets under investment projects shall meet the following conditions:
+ Conditions as prescribed by the land law on the rights and obligations of land users and people with land-attached assets; rights and obligations of recipients of capital contribution with land use rights and land-attached assets; conditions for capital contribution and receipt of capital contribution with land use rights and land-attached assets;
+ Conditions as prescribed by law on housing, law on real estate business, law on management and use of public property and relevant laws (if any);
+ Conditions specified in the Decision on approval of investment policy, Decision on investor approval, Investment Registration Certificate, agreement between competent authority and investor or other relevant provisions of law (if any);
+ Conditions for capital contribution and receipt of capital contribution in the form of assets by state enterprises in line with the law on management and use of state capital invested in production and business, the law on management, use of public property and relevant laws for state enterprises;
+ Conditions for capital contribution, share purchase, and capital contribution purchase as specified in Clause 2, Article 24 of the Investment Law and Articles 15, 16 and 17 of Decree 31/2021/ND-CP for foreign investors, economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law and foreign-invested economic organizations;
+ Perform financial obligations (if any) in accordance with the law.
+ Other conditions on business cooperation in accordance with relevant laws (if any).
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to adjust the investment project as of judgment, decision of the court or arbitrator to the project which the investment policy has been approved (Clause 3 Article 54 of Decree 31/2021/NĐ-CP)
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for the investment project adjustment;
- A copy of documents on the legal status of the investor;
- The legally effective judgment or decision of the court or arbitrator
- A copy of the investment registration certificate, decision on approval of investment policy, decision on approval of the investor (if any);
d) Quantity of dossier: 01 set.
đ) Processing time:
- The Authority decides to approve the adjustment of investment policy within 7 working days.
- PPC decides to approve the adjustment of investment policy within 12 working days, in which:
+ Within 7 working days from the date receiving valid application, the Authority develops an appraisal report for adjustments of the project to submit PPC;
+ Within 5 working days from the date receiving the application and appraisal report from the Authority, PPC decides to approve the adjustment of investment policy.
e) Executive agencies:
- The Authority receives, consults, appraises and approves the adjustment of investment policy (for projects which investment policy subject to be approved by the Authority) or submit PPC (for projects which investment policy subject to be approved by PPC).
- PPC decides to approve the adjustment of investment policy.
g) Subject of administrative procedures:
Investor.
h) Outcomes of administrative procedures:
A decision to approve the adjustment of investment policy as per Form A.II.2 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Template, forms:
- Application for investment project adjustment as per Form A.I.11.h enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
The investment project subject to approval of investment policy by PPC and subject to adjustment as of judgements, legal decisions of the court or arbitrator.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for adjusting investment projects according to judgments, decision of the court or arbitrator for projects that have been granted investment registration certificates and are not subject to approval of investment policies or projects approved for investment policy but not in the case specified in Clause 3, Article 41 of the Law on Investment (Clause 4, Article 54 of Decree 31/2021/ND-CP).
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for the investment project adjustment;
- A copy of documents on the legal status of the investor;
- The legally effective judgment or decision of the court or arbitrator
- A copy of the investment registration certificate, decision on approval of investment policy, decision on approval of the investor (if any);
d) Quantity of dossier: 01 set.
đ) Processing time: 5 working days
- Within 5 working days from the date receiving valid application, the Authority adjusts the Business Registration Certificate.
e) Executive agencies:
- The Authority receives the application and adjusts the Business Registration Certificate.
g) Subject of administrative procedures:
Investor.
h) Outcomes of procedures:
The business registration certificate is modified as Form A.II.9 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Templates and forms:
Application for the investment project adjustment as of Form A.I.11.h enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
The investment project granted with business registration certificate and subject to adjustment as of judgements, legal decisions of the court or arbitrator
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for adjusting, extending operational time of the investment project.
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for extension of operational time of the investment project;
- Decision approving the investment policy;
- Investment Registration Certificate;
- Decision approving the investor or other equivalent valid documents;
- Certificate of land use rights or other equivalent valid documents;
- Documents proving the investor's financial capacity include one of the following documents: financial report of the last 2 years; commitment to financial support of the parent company; financial institution's commitment to financial support; guarantee on the financial capacity of the investor; other documents proving the financial capacity of the investor.
d) Quantity of dossier: 04 sets.
đ) Processing time:
- The Authority decides to extend the operational time of the investment project within 15 days;
- PPC decides to extend the operational time of the investment project within 20 days, in which:
+ Within 15 days from the date receiving valid application, the Authority develops an appraisal report to submit PPC;
+ Within 3 working days from the date receiving the application and appraisal report from the Authority, PPC decides to approve the extension of the operational time of the investment project.
e) Executive agencies:
- The Authority receives the application, extends or submits PPC for extension.
- PPC decides to extend the extension of the operational time of the investment project.
g) Subject of procedures:
Investor.
h) Outcomes of administrative procedures:
Written approval of the extension of the operational time of the investment project.
i) Fee: Nil.
k) Templates and forms:
Application for extension of operational time of the investment project as Form A.I.14 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- The investment project falls under the authority of PPC to approve the investment policy.
- The extension of operational time of the investment project shall meet the following conditions:
+ Relevant to national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning (if any); consistent with urban development objectives and orientations, housing development programs (for investment projects on houses and urban areas);
+ Meet the conditions for land allocation or land lease according to the provisions of the land law (in case of request for land use extension).
+ Not in cases specified at points a, b of Clause 4, Article 44 of the Investment Law, including:
Investment projects using outdated technology, potentially causing environmental pollution and resource abuse: a) Projects using technological lines in their operation does not meet the National Technical Standards on safety, energy saving and environmental protection; or the capacity (calculated by the number of products produced by the technological line in a unit of time) or the efficiency of the remaining technology line is less than 85% of the designed capacity or efficiency; or the consumption of raw materials and energy exceeds 15% to the design.
Projects using machinery and equipment for production with codes (coded HS) under Chapters 84 and 85 of the List of Vietnam's import and export goods which are aged more than 10 years or when the operation do not meet the provisions of the National Technical Standards on safety, energy saving and environmental protection. If there are no national technical standards on safety, energy saving and environmental protection related to the project's machinery and equipment, then Vietnam’s national technical norms will be applied or the national standards of one of the G7 countries, Korea on safety, energy saving, and environmental protection will be applied.
The investment project in which the investor must transfer without compensation to the State of Vietnam or a Vietnamese party.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to suspend the operation of the investment project
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
A written announcement to suspend the project operation.
d) Quantity of dossier: 01 set.
đ) Processing time: 05 working days.
Within 5 working days, the Authority receives and notifies the suspension of the investment project to relevant agencies.
e) Executive agencies:
The Authority receives and notifies the suspension of the investment project.
g) Subject of the procedures:
Investor.
h) Outcomes of administrative procedures:
Decision to suspend the operation of the investment project as Form A.II.5 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Templates and forms:
Notice of suspension of the operation of the investment project as Form A.I.13 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- The investment project suspends the operation in cases provided in Clause 1 Articles 47 of the Investment Law.
- The total downtime of an investment project must not exceed 12 months. In case the operation of an investment project is suspended under a court's judgment or decision, an effective arbitration or a decision of a state agency in charge of investment, total the duration of the project's shutdown shall be determined according to court judgments, arbitration or decisions of state management agencies in charge of investment. If these documents do not specify the suspension time of the project, the total time of shutdown shall not exceed the time specified in Clause 2, Article 56 of Decree 31/2021/ND-CP.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to terminate the operation of an investment project
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- A written announcement to terminate the project operation;
- Investment Registration Certificate (if any);
- Documents recording the termination of the investment project.
d) Quantity of dossier: 01 set
đ) Processing time: 03 working days
The Authority notifies the termination of the investment project to relevant agencies within 3 working days from the date receiving the decision or notice of termination of the investment project.
e) Executive agencies:
The Authority receives the investor’s notice of termination of the investment project and notifies to relevant agencies.
g) Subject of procedures:
Investor.
h) Outcomes of administrative procedures:
No outcomes.
i) Fee: Nil
k) Templates and forms:
Notice of termination of the investment project operation as Form A.I.15 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirement and conditions for procedures:
The investment project is terminated as provisions at Point a, Clause 1, Article 48 of the Investment Law.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to re-grant or correct Investment Registration Certificate
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for re-grant or correction
d) Quantity of dossier: 01 set.
đ) Processing time:
- Within 5 working days from the date receiving valid application, the Authority re-grants Investment Registration Certificate.
- Within 3 working days from the date receiving valid application, the Authority corrects Investment Registration Certificate.
e) Executive agencies:
The Authority receives, re-grants or corrects the Investment Registration Certificate.
g) Subject of procedures:
Investor.
h) Outcomes of administrative procedures:
Investment Registration Certificate as Form A.II.10 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Templates and forms:
- Application for re-grant of Investment Registration Certificate as Form A.I.17 enclosed with Circular 03/2021/TT-BKHĐT.
- Application for correction of Investment Registration Certificate as Form A.I.18 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- Investment Registration Certificate is lost or damaged;
- Information on Investment Registration Certificate is incorrect compared with that in the dossier registering the investment.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to replace Investment Registration Certificate
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for replacement of Investment Registration Certificate
- Copy of Investment License, Certificate of Investment Incentives, Investment Certificate or equivalent legal documents.
d) Quantity of dossier: 01 set.
đ) Processing time: 03 working days.
The Authority replaces Investment Registration Certificate for the investor within 3 working days from the date receiving the application.
e) Executive agencies:
The Authority receives and replaces Investment Registration Certificate.
g) Subject of procedures:
Investor.
h) Outcomes of administrative procedures:
Investment Registration Certificate (for replacement, re-grant and correction) as Form A.II.10 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Templates and forms:
Application for replacement of Investment Registration Certificate as Form A.I.16 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
Investors whose investment projects have been granted an Investment License, Investment Incentive Certificate, Investment Certificate or an equivalent legal document before the effective date of the Investment Law shall be entitled to operate under the Investment Registration Certificate
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for investment in forms of capital contribution/share purchase/purchase of contributed capital by foreign investors.
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- A written registration for capital contribution, share purchase or capital contribution purchase includes the following: information on enterprise registration of the economic organization which foreign investor intends to contribute capital, purchase shares, or purchase capital contribution; business sector; list of owners, members, founding shareholders, list of foreign owners, members, shareholders (if any); ratio of ownership of charter capital of foreign investors before and after capital contribution, share purchase, purchase of capital contribution; expected transaction value of the contract of capital contribution, share purchase, purchase of capital contribution; information on investment projects of economic organizations (if any);
- Copies of legal papers of individuals, organizations contributing capital, buying shares, purchasing capital contributions and economic organizations with foreign investors contributing capital, buying shares, purchasing capital contributions;
- Written agreement in principle on capital contribution, share purchase, purchase of capital contribution between foreign investors and economic organizations which foreign investors contribute capital, purchase shares, purchase capital contribution, or between foreign investors with shareholders or members of that economic organization;
- A copy of land use rights certificate of the economic organization with foreign investors contribute capital, purchase shares or purchase capital contributions (for the case specified at Point b, Clause 4, Article 65 of Decree 31/ 2021/ND-CP
d) Quantity of dossier: 01 set.
đ) Processing time: 15 days.
Within 15 days from the date receiving valid application, the Authority informs the investor.
e) Executive agencies:
The Authority receives the application, informs the foreign investor and economic organizations with foreign investor contributing capital, buying share, buying capital contribution.
g) Subject of administrative procedures:
- Economic organizations with foreign investors, economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law contribute capital, purchase shares, purchase capital contributions.
- Foreign investor, economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law contribute capital, purchase shares, purchase capital contributions to the economic organizations.
h) Outcomes of administrative procedures:
Notice on the satisfaction of conditions for contributing capital, purchasing shares, purchasing capital contributions of foreign investors as Form A.II.20 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Templates and forms:
Application for capital contribution, share purchase, purchase of contributed capital by foreign investors as Form A.I.7 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
- The contribution of capital, purchase of shares, purchase of contributed capital increases the foreign investor’s ownership ratio in economic organizations engaged in business lines with conditional market access for foreign investors;
- The contribution of capital, purchase of shares, purchase of contributed capital leads to the fact that foreign investors and economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law hold more than 50% of the charter capital of economic organizations in the following cases: increasing the foreign ownership ratio of the charter capital from less than or equal to 50% to over 50%; increase the foreign ownership ratio of charter capital when foreign investors already own more than 50% of charter capital in economic organizations
- Foreign investors contribute capital, purchase shares or purchase capital contributions from economic organizations with land use right certificates in islands and border communes, wards and townships; coastal communes, wards and towns; other areas affecting national defense and security
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for establishment of executive offices by a foreign investor in a business cooperation contract
a) Executive steps:
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- The application for establishment of executive office shall include: name and address of the representative office in Vietnam (if any) of the foreign investor in BCC; name and address of executive office; operation content, duration and scope of the executive office; full name, resident address, identification card number or passport of the head of the executive office;
- Decision of the foreign investor in BCC regarding the establishment of executive office;
- A copy of decision appointing the head of the executive office;
- A copy of BCC.
d) Quantity of dossier: 01 set.
đ) Processing time: 15 days.
Within 15 days from the date receiving the application, the Authority grants Operation Registration Certificate for the Executive Office for the foreign investor in BCC.
e) Executive agency:
The Authority where the executive office is located will grant the Operation Registration Certificate for the Executive Office for the foreign investor in BCC.
g) Subject of procedures:
Foreign investors.
h) Outcomes of administrative procedures:
Operation Registration Certificate for the Executive Office as Form A.II.12 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Templates and forms:
Application for establishment of Executive Office for the foreign investor in a business cooperation contract as Form A.I.8 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
The BCC is signed between a domestic investor and a foreign investor or between foreign investors who carry out procedures for grant of an Investment Registration Certificate according to Article 38 of the Investment Law.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to terminate the operation of executive offices of foreign investors in BCC.
Step 1:
The investor shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investor within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the returning date on the Receipt, the investor shall receive the result if it is approved. Otherwise, the investor shall receive a written statement with explanations.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- A decision to terminate the operation of the executive office in case the office shuts down before due;
- List of creditors and the debt paid;
- The list of employees, their rights and interests settled;
- Tax bureau’s confirmation on the completion of tax duties;
- Confirmation by social insurance agency on the completion of social insurance duties;
- Certificate for the registration of executive office;
- A copy of Investment Registration Certificate;
- A copy of business cooperation contract.
d) Quantity of dossier: 01 set.
đ) Processing time: 15 days.
Within 15 days from the date receiving the application, the Authority decides to revoke the Certificate for the registration of executive office.
e) Executive agency:
The decides to revoke the Certificate for the registration of executive office.
g) Subject:
Foreign investor.
h) Outcomes of administrative procedures:
Decision to revoke the Certificate for the registration of executive office as Form A.II.13 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fee: Nil.
k) Templates and forms:
Notice of termination of the operation of executive offices of foreign investors in a business cooperation contract as Form A.I.10 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for procedures:
A foreign investor requests the termination of operation of the executive office.
m) Legal basis for procedures:
- Law on Investment in 2020.
- Decree 31/2001/NĐ-CP dated 26 March 2021 of the government detailing and instructing a number of articles of the Law on Investment.
- Circular 03/2021/TT-BKHĐT dated 09 April 2021 of the Minister of Planning and Investment regulating templates and reports relevant to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for appraisal and approval of detailed construction planning tasks at the scale of 1/500 for projects in Van Tuong new urban area, within the boundaries of industrial parks (authorized to manage by relevant units and localities) subject to detailed construction planning in accordance with the law on construction
a) Executive steps:
Step 1:
The investment holder shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investment holder within 02 working days from the date of receiving the application.
Step 3:
On the returning date on the Receipt, the investment holder shall receive the decision approving detailed construction planning task at the scale of 1/500.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or competent state agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Statement requesting appraisal and approval;
- Explanation the planning task, and annexes;
- Miniature drawings and black-and-white drawings in prescribed scale;
- Relevant legal documents (policy of competent authorities; papers and documents on land defining boundaries and planning scope - if any).
d) Quantity of dossier: 02 sets
đ) Processing time: 15 working days from the date receiving valid dossier.
e) Subject of administrative procedures:
The investment holder of the construction project.
g) Executive agencies:
Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
h) Outcomes of procedures: A decision approving the tasks of detailed construction planning at scale of 1/500.
i) Fees:
At pro rata of the construction planning project costs, which is defined as the approved cost estimation or specified at Circular 20/2019/TT-BXD dated 31/12/2019 by Minister of Construction.
k) Templates and forms: None.
l) Requirements and conditions for procedures: Nil.
m) Legal basis for procedures:
- The Construction Law dated 18/6/2014; the law modifying several provisions of the Construction Law dated 17/06/2020;
- The Urban Planning Law, Law No. 35/2018/QH14 modifying several provisions of 37 laws associated with planning;
- Decree 44/2015/NĐ dated 06/5/2015 by the government detailing contents on construction planning.
- Decree 37/2010/NĐ-CP dated 07/4/2010 by the government on preparation, appraisal, approval and management of urban planning;
- Decree 72/2019/NĐ-CP by the government modifying provisions of Decree/37/2010/NĐ-CP dated 07/4/2010 on preparation, appraisal, approval and management of urban planning and Decree 44/2015/NĐ-CP dated 06/5/2015 detailing contents on construction planning.
- Circular 12/2016/TT-BXD dated 29/6/2016 by Minister of Construction on Regulations on dossiers of tasks and regional construction planning, urban planning and construction planning of specific functional zones.
- Circular No. 20/2019/TT-BXD dated 31/12/2019 by the Minister of Construction guiding the determination and management of construction and urban planning costs.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority
Procedures for appraisal and approval of detailed construction planning projects at the scale of 1/500 for projects in Van Tuong new urban area, within the boundaries of industrial parks (authorized to manage by relevant units and localities) subject to detailed construction planning in accordance with the law on construction.
a) Executive steps:
Step 1:
The investment holder shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the Investment holder within 02 working days from the date of receiving the application.
Step 3:
On the returning date on the Receipt, the investment holder shall receive the decision approving detailed construction planning project at the scale of 1/500. (At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or competent state agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components
- Statement requesting appraisal and approval of the construction detailed planning project at scale 1/500.
- The written response on fire prevention and fighting solutions by the Fire Prevention and Fighting Police to the detailed construction planning project dossier at scale 1/500 (the investment holder needs to follow the procedures to acquire comments from the Fire Prevention and Fighting Police).
- Planning policy, Decision approving the planning task.
- Planning description and management regulations as per detailed planning project.
- The dossier of construction detailed planning at 1/500 includes:
● Map showing location and limits of the land, scale 1/2000 or 1/5000
● Map of status quo of landscape architecture and construction land assessment, scale 1/500.
● Maps of status quo of technical infrastructure system, scale 1/500.
● Map of master planning of the land use, scale 1/500.
● Layout of the space, architecture and landscape.
● Map of red lines, construction boundaries and protection corridors of technical infrastructure routes, scale 1/500.
● Planning maps of technical and environment infrastructure.
● Map of grids and technical pipes, scale 1/500.
● Map of strategic environment assessment, scale 1/500.
It is necessary to show also topographic maps incorporating cadastral maps for the following types of maps: status quo of landscape architecture and assessment of construction land; status quo of technical infrastructure system; master plan for land use; red line boundaries, construction boundaries and corridors to protect technical infrastructure routes; planning of technical infrastructure system and environment.
● CD recording all the contents of dossiers and descriptions.
d) Quantity of dossier: 02 sets.
đ) Processing time: 25 days from the date receiving valid application;
e) Subject of procedures:
The investment holder of the construction project.
g) Executive agency:
Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
h) Outcomes of the administrative procedures: A decision approving detailed construction planning at scale 1/500.
i) Fees
At pro rata of the construction planning project costs, which is defined as the approved cost estimation or specified at Circular 20/2019/TT-BXD dated 31/12/2019 by Minister of Construction.
k) Templates and forms: None.
l) Requirements and conditions for procedures: Nil.
m) Legal basis for procedures:
- The Construction Law dated 18/6/2014; the law modifying several provisions of the Construction Law dated 17/06/2020;
- The Urban Planning Law, Law No. 35/2018/QH14 modifying several provisions of 37 laws associated with planning;
- Decree 44/2015/NĐ dated 06/5/2015 by the government detailing contents on construction planning.
- Decree 37/2010/NĐ-CP dated 07/4/2010 by the government on preparation, appraisal, approval and management of urban planning;
- Decree 72/2019/NĐ-CP by the government modifying provisions of Decree/37/2010/NĐ-CP dated 07/4/2010 on preparation, appraisal, approval and management of urban planning and Decree 44/2015/NĐ-CP dated 06/5/2015 detailing contents on construction planning.
- Circular 12/2016/TT-BXD dated 29/6/2016 by Minister of Construction on Regulations on dossiers of tasks and regional construction planning, urban planning and construction planning of specific functional zones.
- Circular No. 20/2019/TT-BXD dated 31/12/2019 by the Minister of Construction guiding the determination and management of construction and urban planning costs.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority
Procedures for appraising and adjusting the construction investment feasibility study (for using other capital subject to appraisal within the boundaries of industrial parks, except for works to be appraised by the Ministry of Construction, specialized construction management agencies)
a) Executive steps:
Step 1:
The appraisal requester shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the appraisal requester within 05 working days from the date of receiving the application. Details:
+ Written request to supplement the dossier;
+ Return the dossier in the following cases: The appraisal dossier is not submitted to the competent construction agency or the appraisal requester is not competent as prescribed in Decree 15/2021/NĐ-CP dated 03/3/2021 of the Government; Not subject to appraisal at a specialized construction agency by law; Dossier submitted for appraisal is illegal or invalid as prescribed in this Decree;
+ Send documents to competent fire prevention and fighting agencies to consult on fire prevention and fighting solutions of the basic design if the investment holder requests.
+ Within 20 days from the date receiving the letter requesting to supplement the dossiers from the Authority, if the Appraisal Requester fails to supplement the dossier, the Authority will stop the appraisal, the Requester shall re-submit the appraisal dossier upon request.
+ During the appraisal process, the Authority is entitled to suspend the appraisal (no more than once) and promptly notifies the Appraisal Requester of errors and omissions in information and data in the dossier content, which results in failure to process the appraisal. In case the above errors and omissions cannot be remedied within 20 days, the Authority shall stop the appraisal, the Appraisal Requester shall re-submit for appraisal upon request.
Step 3:
By the appointment date in the form, the Appraisal Requester will receive a written notification of the appraisal results of the feasibility study report/adjustment of feasibility study report for the construction investment.
(At receiving the results, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or competent state agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Request for appraisal of construction investment feasibility study report/adjustment of construction investment feasibility study report as Form 01 Appendix I Decree 15/2021/NĐ-CP;
- Written policy on construction investment as prescribed by the laws on investment;
- Decision on the selection of architectural design option via a contest as per regulations and the selected design option is attached (if required);
- The approving document/decision and attached drawing (if any) of one of the following planning: Detailed construction planning approved by a competent authority; planning of other specialized technical nature as prescribed by the law on planning; route plans, work locations approved by competent state agencies for works built along lines; construction zoning planning for cases where detailed construction planning is not required;
- Written comments on fire prevention and fighting solutions of the basic design; documents on environmental impact assessment according to the law on environmental protection (if required by the law on fire prevention and fighting and environmental protection);
- Procedures for fire prevention and fighting and environmental protection are carried out on the principle of concurrency, meaning these documents are not required at the time of submitting the appraisal dossier, but their results must be sent to the specialized construction authority before the notification date of appraisal results. In case the investment holder requests the construction agency to consult on fire prevention and fighting solutions of the basic design according to the one-stop-shop mechanism during appraising the construction investment feasibility study report, the investment holder shall submit an additional set of dossier according to the law on fire prevention and fighting;
- Agreements and confirmations on the connection of technical infrastructure of the project: electricity supply, water supply, wastewater drainage, traffic connection, and other connections (if any); The written approval of the work height in accordance with the Government's regulations on management of the height of aviation obstacles and the battlegrounds for the management and protection of the airspace in Vietnam (if the project is not in the area or subject to request to obtain unanimity on the management of the work height at the stage of construction planning approval) (if any);
- Appraisal results for projects on preservation, restoration of historical-cultural relics, landscapes as per lawful regulations on cultural heritage;
- Other relevant legal documents (if any);
- Approved construction survey dossiers; the construction investment feasibility study report; basic design or other design according to international practices in service of developing construction investment feasibility study (including drawings and descriptions); list of standards applied to the project;
- The list of contractors, enclosed with codes of capacity certificates of the survey contractor, the basic design contractor, and the verifying contractor (if any); codes of construction practice certificates of the construction survey managers; chief, chair of the designs and total investment cost preparation; the chief, chair of the verification;
- For projects using public investment capital or state capital for non-public investment that requires consideration of the total investment, apart from the above components, the appraisal dossier shall include the following contents: total investment; relevant information and data on prices and norms to determine the total investment; quotation, price appraisal results (if any).
d) Quantity of dossier: 01 set.
đ) Processing time:
Processing time counts from the receipt of valid dossier, as follows:
- For group B projects, the appraisal time shall not exceed 25 days from the date receiving valid dossiers, of which the appraisal time by specialized construction agencies shall not exceed 21 days.
- For group C projects, the appraisal time shall not exceed 15 days from the date receiving valid dossiers, of which the appraisal time by specialized construction agencies shall not exceed 11 days.
e) Subjects of the procedures: The investment holder or the organization/individual assigned by the investment decider/competent state agency to prepare the project is collectively referred to as Appraisal Requester.
g) Executive agency of administrative procedures:
- Directly processing the procedures: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies:
Department of Planning and Investment, Department of Finance, Department of Culture, Sports and Tourism, Department of Information and Communication, Department of Sciences and Technology, Provincial Public Security, District People's Committee, ... and Departments managing specialized construction such as Department of Construction, Transport, Agriculture and Rural Development, Industry and Trade.
h) Outcomes of administrative procedures:
Written notice of appraisal results of feasibility study /adjustment of construction investment feasibility study, as Form 02, Appendix I to Decree 15/2021/ND-CP, enclosed with design documents submitted for appraisal stamped by the Dung Quat EZ and Quang Ngai IP Authority.
i) Fees: As prescribed in Circular 112/2020/TT-BCT dated 29/12/2020 by the Minister of Finance.
k) Templates and forms:
Statement requesting appraisal of feasibility study on construction investment/adjustment of investment feasibility study as Form 01, Appendix I enclosed with Decree 15/2021/ND-CP.
l) Requirements and conditions for procedures:
Dossier submitted for appraisal must ensure the legality and be relevant with the contents of the appraisal request. A dossier submitted for appraisal is considered valid when it ensures contents specified in Clause 3, Article 14 of Decree 15/2021/ND-CP dated 03/3/2021 of the Government, presented in right formality, with the main language of Vietnamese and checked and certified by the appraisal requester. Architectural design documents in construction design documents (if any) must comply with the provisions of the law on architecture.
m) Legal basis for procedures:
- The Construction Law dated 18/6/2014; the law modifying several provisions of the Construction Law dated 17/06/2020;
- Decree 15/2021/NĐ-CP dated 03/3/2021 by the government detailing a number of contents on construction project management;
- Circular 112/2020/TT-BCT dated 29/12/2020 by the Minister of Finance stipulating the rate of fees and charges to support and remove difficulties for production and business, ensuring social security to cope with the Covid-19 epidemic.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for appraisal of construction works under Group C projects in Dung Quat EZ and Quang Ngai IP area.
a) Executive steps:
Step 1:
The individual or organization shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the appointment date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the individual or organization within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, the individual or organization shall receive the decision approving the project and the dossier appraised. If the decision approving the project can’t be issued, a written response will be received from a competent agency (with clear statement of reasons).
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Request for appraisal of construction investment project as Form 01 Appendix I Decree 15/2021/NĐ-CP dated 03/3/2021;
- Description of feasibility study (including total investment, list of standards, main technical norms to be applied;
- Other relevant construction survey documents;
- A copy of the decision approving the investment policy;
- Copies of capacity documents of organizations and individuals engaged in construction activities; written approval of fire prevention and fighting, report on environmental impact assessment (if any).
- An agreement on architecture options (if any).
- Other relevant legal documents (on land use rights, construction planning, etc.).
- Other relevant documents.
d) Quantity of dossier: 01 set.
đ) Processing time: Project appraisal: 20 days, in which appraisal of basic design is 15 days.
e) Subjects of procedures: Individual/organization.
g) Executive agencies:
- Competent agencies granting decisions: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies (if any): relevant departments.
h) Outcomes of administrative procedures:
- An appraisal report for the investment project.
- A decision approving the project.
i) Appraisal fee: As specified in Circular 209/2016/TT-BTC dated 10/11/2016 of the Ministry of Finance on instructions on the collection, submission and management of appraisal fees for construction projects and basic designs.
k) Templates and forms:
Request for appraisal of construction investment project (Form 01 Appendix I Decree 15/2021/NĐ-CP dated 03/3/2021 by the government on the management of construction work projects).
l) Requirements and conditions for procedures: None.
m) Legal basis for procedures:
- The Construction Law dated 18/6/2014; the law modifying several provisions of the Construction Law dated 17/06/2020;
- The Law on Public Investment dated 13 June 2019;
- The government’s decrees: 15/2021/NĐ-CP dated 03/3/2021 on the management of construction projects; 10/2021/NĐ-CP dated 09/02/2021 on the management of construction costs; 06/2021/NĐ-CP dated 26/01/2021 detailing a number of contents on the management of quality, construction and maintenance of construction works.
- The Ministry of Construction’s circulars:09/2019/TT-BXD dated 26/12/2019 guiding the identification and management of construction costs; 18/2016/TT-BXD dated 30/6/2016 on detailed regulations and instructions of a number of contents on project appraisal, approval and cost estimation.
- Decision 03/2017/QĐ-UBND dated 11/01/2017 by the Chairman of Quang Ngai PPC on the regulations on a number of tasks on managing investment and construction in the province.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for granting construction permits of special grade, grade I, grade II works (Non-linear works/ urban linear works/ Beliefs, religions/ Monuments, murals/Phased works for non-linear works / Phased for urban linear works /Project)
a) Executive steps:
Step 1:
- The investment holder shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the appointment date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), within 05 working days from the date receiving the application supplemented which is still not satisfactory as request, the Authority is responsible to issue another written instruction to complete the dossier. In case the dossier does not meet all the requirements within 3 days, the Authority will notify in writing the reasons of refusing the grant.
Step 3:
On the appointment date on the Receipt, the investment holder shall receive the Construction Permit or a written notice stating the reasons if the permit can’t be granted.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or a competent state agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
c1. For non-linear work:
- Application for construction permit as Form 01 Appendix II Decree 15/2021/NĐ-CP of the government (for the construction permit with limit time, the application title should be named as “Application for construction permit with limited time”);
- One of the documents proving the land use rights in accordance with the law of land;
- A decision approving the project; a written notice of appraisal results by a specialized construction agency and basic design drawings stamped (if any); report on construction design verification as prescribed in Clause 4, Article 41 of Decree 15/2021/ND-CP; certificate of approval for design of fire prevention and fighting and approved documents and drawings on fire prevention and fighting as provided by laws; documents on carrying out procedures on environmental protection according to the law on environmental protection in case of not required to appraise the construction feasibility study at the specialized construction agency.
- 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the construction law, including the drawing of the master layout of the project, the location of the work on the land; architectural drawings of the main works, elevations and sections of the work; layout drawings, foundation sections; drawings showing the main structural solutions; drawings of the layout connecting to technical infrastructure systems outside the work or project.
c2. For linear works:
- Application for construction permit as Form 01 Appendix II Decree 15/2021/NĐ-CP by the government (for the construction permit with definite time, the application title should be named as “Application for construction permit with definite time”);
- One of the documents proving the land use right as prescribed by the land law or the written approval of the competent state agency on the location and route plan or the decision on land recovery of the competent authority in accordance with the land law;
- Project approval decision; a written notice of appraisal results by a specialized construction agency and attached with stamped basic design drawings (if any); report on construction design verification as prescribed in Clause 4, Article 41 of Decree 15/2021/NĐ-CP; certificate approving design of fire prevention and fighting and approved documents and drawings as per the provisions of law on fire prevention and fighting; documents on carrying out procedures on environmental protection according to the law on environmental protection in case not subject to appraisal of the construction investment feasibility study by a specialized construction agency;
02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the construction law, including: diagram of the work lines; master layout drawing or construction plan drawing; drawings of major longitudinal and cross sections of the construction lines; layout plan, foundation section; drawings showing the main structural solution of the work; ground drawings connecting to technical infrastructure systems outside the work or project.
c3. For works of belief or religions:
c3.1. Application for a permit to build a religious work includes the documents specified in Section “1. For non-linear works” and the written approval of the necessity for construction and the scale of the work by a specialized agency in charge of belief and religion under the Provincial People's Committee.
c3.2. Application for a permit for a religious work, as specified by Article 46 of Decree 15/NĐ-CP, includes:
- An application for a construction permit as per Form 01, Appendix II of Decree 15/2021/NĐ-CP of the government (in case application for a construction permit with a definite term, the title of the application is named as “Application for a construction permit with definite time”);
- One of the documents proving the land use right as prescribed by the land law.
- 02 sets of construction design drawings enclosed with the certificate of for fire prevention and fighting together with the approved drawings if required by the law on fire prevention and fighting; report on construction design verification results if required by the law on construction, including: drawing of the work site on the land enclosed with the work location diagram; drawings of floors, elevation and main sections of the work; drawing of foundation plan and footing section together with connection diagram of technical infrastructure system outside the work including water supply, drainage, electricity supply;
- For construction works with adjacent works, there must be a commitment to ensure safety for adjacent works.
- Opinions of the specialized agency in charge of belief and religion under provincial People's Committee (if required by the law on belief and religion).
- Report on construction design verification results for religious works that largely affect the safety and interests of the community.
c3.3. For belief and religious works under the project of preservation, renovation and restoration of historical-cultural relics and scenic spots, in addition to the documents specified at Points a and b, Clause 3, Article 43 of Decree 15/2021/NĐ-CP dated 03/3/2021 of the government, it is required to enclose documents on the necessity and scale of works by a state management agency in charge of culture in accordance with the law on cultural heritage.
c4. For monumental works, murals
- Application for a construction permit as per Form 01, Appendix II of Decree 15/2021/NĐ-CP;
- One of the documents proving the land use right as prescribed by the land law.
- Project approval decision; a written notice of appraisal results by a specialized construction agency and attached with stamped basic design drawings (if any); report on construction design verification as prescribed in Clause 4, Article 41 of Decree 15/2021/NĐ-CP; certificate approving design of fire prevention and fighting and approved documents and drawings as per the provisions of law on fire prevention and fighting; documents on carrying out procedures on environmental protection according to the law on environmental protection in case not subject to appraisal of the construction investment feasibility study by a specialized construction agency;
- 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the construction law, including: diagram of the work lines; master layout drawing or construction plan drawing; drawings of major longitudinal and cross sections of the construction lines; layout plan, foundation section; drawings showing the main structural solution of the work; ground drawings connecting to technical infrastructure systems outside the work or project.
- Approval documents on the necessity and scale of works by a state management agency in charge of culture.
C5. For works of diplomat and international agencies:
Application for a construction permit for works of diplomatic missions, international organizations and foreign agencies investing in Vietnam shall comply with the respective regulations for linear, non-linear works in Sections 1 and 2 and provisions of the agreements signed with the Government of Vietnam.
C6. For phased construction permit
C6.1. Non-linear works:
- Application for construction permit as Form 01 Appendix II Decree 15/2021/NĐ-CP by the government (for the construction permit with definite time, the application title should be named as “Application for construction permit with definite time”);
- One of the documents proving the land use right as prescribed by the land law;
- Documents as specified at point c, Clause 1, Article 43 of Decree 15/2021/NĐ-CP;
- 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the law on construction corresponding to the phase applied for a construction permit as prescribed Point d, Clause 1, Article 43 of Decree 15/2021/ND-CP.
C6.2. For linear works:
- Application for construction permit as Form 01 Appendix II Decree 15/2021/NĐ-CP by the government (for the construction permit with definite time, the application title should be named as “Application for construction permit with definite time”);
- One of the documents proving the land use right as prescribed by the land law or the written approval of the competent state agency on the location and route plan; the decision on land recovery by a competent authority for that phase or entire project in accordance with the land law;
- Documents as specified at point c, Clause 1, Article 43 of Decree 15/2021/NĐ-CP;
- 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the law on construction corresponding to the phase applied for a construction permit as prescribed Point d, Clause 1, Article 43 of Decree 15/2021/ND-CP.
C7. Construction permit for a project or works under a project:
Application for construction permit as Form 01 Appendix II Decree 15/2021/NĐ-CP by the government (for the construction permit with definite time, the application title should be named as “Application for construction permit with definite time”);
- One of the documents proving the land use right for those works or entire project as prescribed by the land law;
- Documents as specified at point c, Clause 1, Article 43 of Decree 15/2021/NĐ-CP;
- 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the law on construction for those works or entire project, including:
Construction design dossier as specified at point d, Clause 1, Article 43 of Decree 15/NĐ-CP for non-linear works;
Construction design dossier as specified at point d, Clause 2, Article 43 of Decree 15/NĐ-CP for linear works.
d) Quantity of dossier: 02 sets.
đ) Processing time: 20 days from the receipt of valid application.
e) Subjects of procedures: Individual, agency, organization (briefly referred to as Investment holder)
g) Executive agency:
- Competent agencies granting decisions: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: relevant provincial departments, district PPC.
h) Outcomes of administrative procedures:
Construction permits (as Form 03, 04, 05, 06, 07, 08 of Appendix II, Decree 15/NĐ-CP) and the application dossier for the construction permit stamped by Dung Quat EZ and Quang Ngai IP Authority or a written notice stating the reasons if the permit can’t be granted.
i) Fees: 150.000 VND/01 permit (One hundred and fifty thousand Vietnam dong)
k) Templates and forms during the application for a construction permit:
- Application for construction permit as Form 01 Appendix II of Decree 15/2021/NĐ-CP.
- Construction permits (as Form 03, 04, 05, 06, 07, 08 of Appendix II, Decree 15/NĐ-CP).
l) Requirements and conditions for procedures:
- Relevant with the detailed construction planning approved by the competent state agency. Construction works in areas or streets in urban areas that have been stabilized but do not have detailed construction planning, they must conform to regulations on management of urban planning, architecture or design as approved by the competent state agency. (For non-linear works outside the urban area, it is relevant with the location and master layout of the project which has been approved in writing by the competent authority).
- Relevant with land use purposes as regulations of the land law.
- Ensure safety for neighboring works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical - cultural relics; ensure a safe distance from inflammable, explosive and toxic works and important works related to national defense and security.
- Design of construction works are appraised and approved as of laws.
- For areas where there is no urban planning, construction planning for functional areas or detailed construction planning for rural residential quarters, the planning of relevant technical and specialized nature or regulations on architecture management or the document of the competent state agency approving the location and the master layout (for non-linear works outside the urban area) serves as basis for considering and granting a construction permit.
- Works under construction investment projects that do not require detailed construction planning in accordance with the law on planning, works under construction investment projects organized by an investor with less than 05 hectares (or less than 02 hectares for an apartment project), the construction zoning planning serves as basis for granting a construction permit.
- For construction works that largely affect safety and community interests, verification is required under Clause 6, Article 82 of the 2014 Law on Construction and amended in Clause 24, Article 1 of the Law on Construction 62/2020/QH14, the verification report, apart from the investor's requirements, shall have a conclusion on the compliance with construction safety, standards and technical regulations of the design documents.
m) Legal basis for procedures:
- Law on Construction 50/2014/QH13 dated 18/6/2014; Law amending a number of provisions of Law on Construction dated 17/6/2020;
- Decree 15/2021/NĐ-CP dated 03/3/2021 of the government detailing several contents on management of construction projects.
- Decree 53/2017/NĐ-CP dated 08 May 2017 of the government on regulations on legal documents of land for granting construction permits (effective from 25 June 2017).
- Decision 05/2021/QĐ-UBND dated 03/3/2021 of Quang Ngai PPC on regulations on scale of construction works for definite construction permits, decentralizing the grant of construction permits under the authority of PPC;
- Decision 17/2017/QĐ-UBND dated 25/4/2017 of Quang Ngai PPC on submission rate, mechanism, and management of construction permit fees and charges in Quang Ngai Province;
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for granting construction permits for repair, renovation of special grade, grade I, grade II works (Non-linear works/ urban linear works/ Beliefs, religions/ Monuments, murals/Phased for non-linear works / Phased for urban linear works /Project)
a) Executive steps:
Step 1:
The investment holder shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the appointment date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority shall notify in writing the investment holder within 05 working days from the date receiving the application, details:
+ Within 7 working days from the receipt of valid application, the Authority undertake appraisal of the dossier and site verification.
+ Within 05 working days from the receipt of supplemented dossier which is still not satisfactory as request, the Authority is responsible to issue another written instruction to complete the dossier. In case the dossier does not meet all the requirements within 3 days, the Authority will notify in writing the reasons of refusing the grant.
Step 3:
On the appointment date on the Receipt, the investment holder shall receive the Construction Permit for repair or renovation or a written notice stating the reasons if the permit can’t be granted.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or a competent state agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for construction permit as specified at Form 01 Appendix II of Decree 15/2021/NĐ-CP;
- One of the documents proving the ownership, management, use of works, private houses as prescribed by laws;
- Drawings of status quo of construction parts to be repaired or renovated which have been approved with a scale similar to that of drawings of the application for repair and renovation permit and photos (minimum size 10 x 15 cm) showing current status of the works and adjacent works before repair or renovation
- Design on repair, renovation shall correspond to each type of works as prescribed at Article 43 or 46 of Decree 15/2021/NĐ-CP;
- For works of ranked historical-cultural relics and scenic spots, a written approval of the necessity for construction and scale of the works must be obtained from the state management agency in charge of culture.
d) Quantity of dossier: 02 sets.
đ) Processing time: 20 days from the receipt of valid application.
e) Subjects of procedures: Individual, agency, organization (briefly referred to as Investment holder)
g) Executive agency:
- Competent agencies granting decisions: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: relevant provincial departments, district PPC.
h) Outcomes of administrative procedures:
Permits for repair, renovation (as Form 10 of Appendix II, Decree 15/NĐ-CP) or a written notice stating the reasons if the permit can’t be granted.
i) Fees: 150.000 VND/01 permit (One hundred and fifty thousand Vietnam doing)
k) Templates and forms during the application for a construction permit:
- Application for construction permit as Form 01 Appendix II of Decree 15/2021/NĐ-CP.
- Construction permits (as Form 10 of Appendix II, Decree 15/2021/NĐ-CP).
l) Requirements and conditions for procedures:
- Relevant with the detailed construction planning approved by the competent state agency. Construction works in areas or streets in urban areas that have been stabilized but do not have detailed construction planning, they must conform to regulations on management of urban planning, architecture or design as approved by the competent state agency. (For non-linear works outside the urban area, it is relevant with the location and master layout of the project which has been approved in writing by the competent authority).
- Relevant with land use purposes as regulations of the land law.
- Ensure safety for neighboring works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical - cultural relics; ensure a safe distance from inflammable, explosive and toxic works and important works related to national defense and security.
- Design of construction works are appraised and approved as of laws.
- For areas where there is no urban planning, construction planning for functional areas or detailed construction planning for rural residential quarters, the planning of relevant technical and specialized nature or regulations on architecture management or the document of the competent state agency approving the location and the master layout (for non-linear works outside the urban area) serves as basis for considering and granting a construction permit.
- Works under construction investment projects that do not require detailed construction planning in accordance with the law on planning, works under construction investment projects organized by an investor with less than 05 hectares (or less than 02 hectares for an apartment project), the construction zoning planning serves as basis for granting a construction permit.
- For construction works that largely affect safety and community interests, verification is required under Clause 6, Article 82 of the 2014 Law on Construction and amended in Clause 24, Article 1 of the Law on Construction 62/2020/QH14, the verification report, apart from the investor's requirements, shall have a conclusion on the compliance with construction safety, standards and technical regulations of the design documents.
m) Legal basis for procedures:
- Law on Construction 50/2014/QH13 dated 18/6/2014; Law amending a number of provisions of Law on Construction dated 17/6/2020;
- Decree 15/2021/NĐ-CP dated 03/3/2021 of the government detailing several contents on management of construction projects.
- Decree 53/2017/NĐ-CP dated 08 May 2017 of the government on regulations on legal documents of land for granting construction permits (effective from 25 June 2017).
- Decision 05/2021/QĐ-UBND dated 03/3/2021 of Quang Ngai PPC on regulations on scale of construction works for definite construction permits, decentralizing the grant of construction permits under the authority of PPC;
- Decision 17/2017/QĐ-UBND dated 25/4/2017 of Quang Ngai PPC on submission rate, mechanism, and management of construction permit fees and charges in Quang Ngai Province;
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for granting permits for relocation of special grade, grade I, grade II works (Non-linear works/ urban linear works/ Beliefs, religions/ Monuments, murals/Phased for non-linear works / Phased for urban linear works /Project)
a) Executive steps:
Step 1:
The investment holder shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the appointment date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority shall notify in writing the investment holder within 05 working days from the date receiving the application. The investment holder is responsible to supplement the dossier as per the notification. In case the dossier still does not meet all the requirements within 3 days, the Authority will notify in writing the reasons of refusing the grant.
Step 3:
On the appointment date on the Receipt, the investment holder shall receive the Permit for relocation or a written notice stating the reasons if the permit can’t be granted.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or a competent state agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for construction permit as Form 01 Appendix II of Decree 15/2021/NĐ-CP);
- A copy of the document proving the land use right where the work will be relocated and the legal document on the work ownership as law regulations.
- As-built drawing (if any) or design drawing describing the actual situation of the relocated work, including layout, foundation section and drawing of main load-bearing structure; drawing of the master plan, layout, foundation section of the site where the work will be relocated.
- Report on results of survey and assessment of the current status of the work performed by qualified organizations and individuals.
- Relocation options performed by qualified organizations and individuals, including:
● A description of the current status of the work and the area that the work will be relocated to; relocation solutions, plans for means, equipment and human resources; solutions to ensure safety for works, people, machines, equipment and neighboring works; environmental sanitation; relocation progress; organizations and individuals carrying out the relocation;
● Drawing on measures for relocating the work.
d) Quantity of dossier: 02 sets.
đ) Processing time: 20 days from the receipt of valid application.
e) Subjects of procedures: Individual, agency, organization (briefly referred to as Investment holder)
g) Executive agency:
- Competent agencies granting decisions: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: relevant provincial departments, district PPC.
h) Outcomes of administrative procedures:
Permits for relocation (as Form 11 of Appendix II, Decree 15/NĐ-CP) and the application dossier for the construction permit stamped by Dung Quat EZ and Quang Ngai IP Authority or a written notice stating the reasons if the permit can’t be granted.
i) Fees: 150.000 VND/01 permit (One hundred and fifty thousand Vietnam dong)
k) Templates and forms during the application for a construction permit:
- Application for construction permit as Form 01 Appendix II of Decree 15/2021/NĐ-CP.
- Permit for relocation of works (as Form 11 of Appendix II, Decree 15/2021/NĐ-CP).
l) Requirements and conditions for procedures:
- Relevant with the detailed construction planning approved by the competent state agency. Construction works in areas or streets in urban areas that have been stabilized but do not have detailed construction planning, they must conform to regulations on management of urban planning, architecture or design as approved by the competent state agency. (For non-linear works outside the urban area, it is relevant with the location and master layout of the project which has been approved in writing by the competent authority).
- Relevant with land use purposes as regulations of the land law.
- Ensure safety for neighboring works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical - cultural relics; ensure a safe distance from inflammable, explosive and toxic works and important works related to national defense and security.
- Design of construction works are appraised and approved as of laws.
- For areas where there is no urban planning, construction planning for functional areas or detailed construction planning for rural residential quarters, the planning of relevant technical and specialized nature or regulations on architecture management or the document of the competent state agency approving the location and the master layout (for non-linear works outside the urban area) serves as basis for considering and granting a construction permit.
- Works under construction investment projects that do not require detailed construction planning in accordance with the law on planning, works under construction investment projects organized by an investor with less than 05 hectares (or less than 02 hectares for an apartment project), the construction zoning planning serves as basis for granting a construction permit.
- For construction works that largely affect safety and community interests, verification is required under Clause 6, Article 82 of the 2014 Law on Construction and amended in Clause 24, Article 1 of the Law on Construction 62/2020/QH14, the verification report, apart from the investor's requirements, shall have a conclusion on the compliance with construction safety, standards and technical regulations of the design documents.
m) Legal basis for procedures:
- Law on Construction 50/2014/QH13 dated 18/6/2014; Law amending a number of provisions of Law on Construction dated 17/6/2020;
- Decree 15/2021/NĐ-CP dated 03/3/2021 of the government detailing several contents on management of construction projects.
- Decree 53/2017/NĐ-CP dated 08 May 2017 of the government on regulations on legal documents of land for granting construction permits (effective from 25 June 2017).
- Decision 05/2021/QĐ-UBND dated 03/3/2021 of Quang Ngai PPC on regulations on scale of construction works for definite construction permits, decentralizing the grant of construction permits under the authority of PPC;
- Decision 17/2017/QĐ-UBND dated 25/4/2017 of Quang Ngai PPC on submission rate, mechanism, and management of construction permit fees and charges in Quang Ngai Province;
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for adjusting construction permits for special grade, grade I, grade II works (Non-linear works/ urban linear works/ Beliefs, religions/ Monuments, murals/Phased for non-linear works / Phased for urban linear works /Project)
a) Executive steps:
Step 1:
The investment holder shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the appointment date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post): in case within 05 working days from the date receiving the supplemented dossier but fails to meet the requirements, the Authority shall notify in writing to instruct the investment holder to complete the dossier. The investment holder is responsible to supplement the dossier as per the notification. In case the dossier still does not meet all the requirements within 3 days, the Authority will notify in writing the reasons of refusing the grant.
Step 3:
On the appointment date on the Receipt, the investment holder shall receive the adjusted Construction Permit or a written notice stating the reasons if the permit can’t be granted.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or a competent state agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
+ Application for adjustment of construction permit as Form 02 Appendix II of Decree 15/2021/NĐ-CP by the government;
+ Master copy of the construction permit granted;
+ 02 sets of hard copies or files of soft copies showing drawings of layout, vertical sections, cross sections of parts of works subject to adjustment, at scale of 1/50 – 1/200;
+ A hard copy or file of soft copy showing the document approving the design adjustment of the competent person, together with the statement of capacity of the designing organization or individual in case the design is not appraised by a specialized construction agency, or an appraisal report on adjusted design by a specialized construction agency in accordance with the law on construction.
d) Quantity of dossier: 02 sets.
đ) Processing time: 20 days from the receipt of valid application.
e) Subjects of procedures: Individual, agency, organization (briefly referred to as Investment holder)
g) Executive agency:
- Competent agencies granting decisions: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: relevant provincial departments, district PPC.
h) Outcomes of administrative procedures:
Construction Permits adjusted and the application dossier for the adjustment of the construction permit or a written notice stating the reasons if the permit can’t be granted.
i) Fees: 50.000 VND/01 permit (Fifty thousand Vietnam dong)
k) Templates and forms during the application for a construction permit:
Application for adjustment of construction permit as Form 02 Appendix II of Decree 15/2021/NĐ-CP.
l) Requirements and conditions for procedures:
- Relevant with the detailed construction planning approved by the competent state agency. Construction works in areas or streets in urban areas that have been stabilized but do not have detailed construction planning, they must conform to regulations on management of urban planning, architecture or design as approved by the competent state agency. (For non-linear works outside the urban area, it is relevant with the location and master layout of the project which has been approved in writing by the competent authority).
- Relevant with land use purposes as regulations of the land law.
- Ensure safety for neighboring works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical - cultural relics; ensure a safe distance from inflammable, explosive and toxic works and important works related to national defense and security.
- Design of construction works are appraised and approved as of laws.
- For areas where there is no urban planning, construction planning for functional areas or detailed construction planning for rural residential quarters, the planning of relevant technical and specialized nature or regulations on architecture management or the document of the competent state agency approving the location and the master layout (for non-linear works outside the urban area) serves as basis for considering and granting a construction permit.
- Works under construction investment projects that do not require detailed construction planning in accordance with the law on planning, works under construction investment projects organized by an investor with less than 05 hectares (or less than 02 hectares for an apartment project), the construction zoning planning serves as basis for granting a construction permit.
- For construction works that largely affect safety and community interests, verification is required under Clause 6, Article 82 of the 2014 Law on Construction and amended in Clause 24, Article 1 of the Law on Construction 62/2020/QH14, the verification report, apart from the investor's requirements, shall have a conclusion on the compliance with construction safety, standards and technical regulations of the design documents.
m) Legal basis for procedures:
- Law on Construction 50/2014/QH13 dated 18/6/2014; Law amending a number of provisions of Law on Construction dated 17/6/2020;
- Decree 15/2021/NĐ-CP dated 03/3/2021 of the government detailing several contents on management of construction projects.
- Decree 53/2017/NĐ-CP dated 08 May 2017 of the government on regulations on legal documents of land for granting construction permits (effective from 25 June 2017).
- Decision 05/2021/QĐ-UBND dated 03/3/2021 of Quang Ngai PPC on regulations on scale of construction works for definite construction permits, decentralizing the grant of construction permits under the authority of PPC;
- Decision 17/2017/QĐ-UBND dated 25/4/2017 of Quang Ngai PPC on submission rate, mechanism, and management of construction permit fees and charges in Quang Ngai Province;
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for extension of construction permits for special grade, grade I, grade II works (Non-linear works/ urban linear works/ Beliefs, religions/ Monuments, murals/Phased for non-linear works / Phased for urban linear works /Project).
a) Executive steps:
Step 1:
The investment holder shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the appointment date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post): the Authority shall notify in writing the investment holder within 02 working days from the receipt of the dossier.
Step 3:
On the appointment date on the Receipt, the investment holder shall receive the extended Construction Permit.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or a competent state agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for extension of construction permit as Form 02 Appendix II of Decree 15/2021/NĐ-CP by the government;
+ Master copy of the construction permit granted;
d) Quantity of dossier: 02 sets.
đ) Processing time: 05 working days from the receipt of valid dossier.
e) Subjects of procedures: Individual, agency, organization (briefly referred to as Investment holder)
g) Executive agency:
- Competent agencies granting decisions: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: relevant provincial departments, district PPC.
h) Outcomes of administrative procedures:
Construction Permits is extended.
i) Fees: 15,000 VND/01 time (Fifteen thousand Vietnam dong)
k) Templates and forms during the application for a construction permit:
Application for extension of construction permit as Form 02 Appendix II of Decree 15/2021/NĐ-CP.
l) Requirements and conditions for procedures:
- Relevant with the detailed construction planning approved by the competent state agency. Construction works in areas or streets in urban areas that have been stabilized but do not have detailed construction planning, they must conform to regulations on management of urban planning, architecture or design as approved by the competent state agency. (For non-linear works outside the urban area, it is relevant with the location and master layout of the project which has been approved in writing by the competent authority).
- Relevant with land use purposes as regulations of the land law.
- Ensure safety for neighboring works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical - cultural relics; ensure a safe distance from inflammable, explosive and toxic works and important works related to national defense and security.
- Design of construction works are appraised and approved as of laws.
- For areas where there is no urban planning, construction planning for functional areas or detailed construction planning for rural residential quarters, the planning of relevant technical and specialized nature or regulations on architecture management or the document of the competent state agency approving the location and the master layout (for non-linear works outside the urban area) serves as basis for considering and granting a construction permit.
- Works under construction investment projects that do not require detailed construction planning in accordance with the law on planning, works under construction investment projects organized by an investor with less than 05 hectares (or less than 02 hectares for an apartment project), the construction zoning planning serves as basis for granting a construction permit.
- For construction works that largely affect safety and community interests, verification is required under Clause 6, Article 82 of the 2014 Law on Construction and amended in Clause 24, Article 1 of the Law on Construction 62/2020/QH14, the verification report, apart from the investor's requirements, shall have a conclusion on the compliance with construction safety, standards and technical regulations of the design documents.
m) Legal basis for procedures:
- Law on Construction 50/2014/QH13 dated 18/6/2014; Law amending a number of provisions of Law on Construction dated 17/6/2020;
- Decree 15/2021/NĐ-CP dated 03/3/2021 of the government detailing several contents on management of construction projects.
- Decree 53/2017/NĐ-CP dated 08 May 2017 of the government on regulations on legal documents of land for granting construction permits (effective from 25 June 2017).
- Decision 05/2021/QĐ-UBND dated 03/3/2021 of Quang Ngai PPC on regulations on scale of construction works for definite construction permits, decentralizing the grant of construction permits under the authority of PPC;
- Decision 17/2017/QĐ-UBND dated 25/4/2017 of Quang Ngai PPC on submission rate, mechanism, and management of construction permit fees and charges in Quang Ngai Province;
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for re-issuing construction permits for special grade, grade I, grade II works (Non-linear works/ urban linear works/ Beliefs, religions/ Monuments, murals/Phased for non-linear works / Phased for urban linear works /Project).
(Applicable to works subject to obtain a construction permit within the planning boundary of Van Tuong new urban area and industrial zones assigned to manage; special grade, grade I works, grade II outside Van Tuong new urban area and industrial zones but within the boundary of Dung Quat EZ, except for works in Chau O town, Binh Son district, Tinh Ky commune, Quang Ngai city and Ly Son district)
a) Executive steps:
Step 1:
The investment holder shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the appointment date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post): the Authority shall notify in writing the investment holder within 02 working days from the receipt of the dossier.
Step 3:
On the appointment date on the Receipt, the investment holder shall receive the extended Construction Permit.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor or a competent state agency).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for extension of construction permit, in which stating clear reasons for requesting issuance, as Form 02 Appendix II of Decree 15/2021/NĐ-CP by the government;
+ Master copy of the construction permit granted (in case the permit is damaged or torn);
d) Quantity of dossier: 02 sets
đ) Processing time: 05 working days from the receipt of valid dossier.
e) Subjects of procedures: Individual, agency, organization (briefly referred to as Investment holder)
g) Executive agency:
- Competent agencies granting decisions: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: relevant provincial departments, district PC.
h) Outcomes of administrative procedures:
Construction Permits is re-granted.
i) Fees: 15,000 VND/01 time (Fifteen thousand Vietnam dong)
k) Templates and forms during the application for a construction permit:
Application for re-issuance of construction permit as Form 02 Appendix II of Decree 15/2021/NĐ-CP.
l) Requirements and conditions for procedures:
- Relevant with the detailed construction planning approved by the competent state agency. Construction works in areas or streets in urban areas that have been stabilized but do not have detailed construction planning, they must conform to regulations on management of urban planning, architecture or design as approved by the competent state agency. (For non-linear works outside the urban area, it is relevant with the location and master layout of the project which has been approved in writing by the competent authority).
- Relevant with land use purposes as regulations of the land law.
- Ensure safety for neighboring works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical - cultural relics; ensure a safe distance from inflammable, explosive and toxic works and important works related to national defense and security.
- Design of construction works are appraised and approved as of laws.
- For areas where there is no urban planning, construction planning for functional areas or detailed construction planning for rural residential quarters, the planning of relevant technical and specialized nature or regulations on architecture management or the document of the competent state agency approving the location and the master layout (for non-linear works outside the urban area) serves as basis for considering and granting a construction permit.
- Works under construction investment projects that do not require detailed construction planning in accordance with the law on planning, works under construction investment projects organized by an investor with less than 05 hectares (or less than 02 hectares for an apartment project), the construction zoning planning serves as basis for granting a construction permit.
- For construction works that largely affect safety and community interests, verification is required under Clause 6, Article 82 of the 2014 Law on Construction and amended in Clause 24, Article 1 of the Law on Construction 62/2020/QH14, the verification report, apart from the investor's requirements, shall have a conclusion on the compliance with construction safety, standards and technical regulations of the design documents.
m) Legal basis for procedures:
- Law on Construction 50/2014/QH13 dated 18/6/2014; Law amending a number of provisions of Law on Construction dated 17/6/2020;
- Decree 15/2021/NĐ-CP dated 03/3/2021 of the government detailing several contents on management of construction projects.
- Decree 53/2017/NĐ-CP dated 08 May 2017 of the government on regulations on legal documents of land for granting construction permits (effective from 25 June 2017).
- Decision 05/2021/QĐ-UBND dated 03/3/2021 of Quang Ngai PPC on regulations on scale of construction works for definite construction permits, decentralizing the grant of construction permits under the authority of PPC;
- Decision 17/2017/QĐ-UBND dated 25/4/2017 of Quang Ngai PPC on submission rate, mechanism, and management of construction permit fees and charges in Quang Ngai Province;
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for land redistribution or land lease without auction of land use rights for cases under the authority of land redistribution or land lease of Dung Quat EZ and Quang Ngai IP Authority.
a) Executive steps:
Step 1:
The investor shall submit a complete application and receive a receipt with an appointment date at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is incomplete or invalid, within 03 working days from the receipt of dossier, the Authority shall notify and provide instructions in writing to the investor for the supplementation of the dossier.
- If the dossier is complete, the Authority will consider to issue a decision to redistribute or lease the land.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, the investor shall receive the decision to redistribute or lease the land.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for land redistribution or lease (Form 01 enclosed with Circular 30/2014/TT-BTNMT dated 2 June 2014 by the Ministry of Natural Resources and Environment on dossier for land redistribution, lease, change of land use purpose and land acquisition).
- A copy of the Investment Certificate or investment approval document enclosed with the investment project description.
In case of applying for land allocation for use for national defense and security purposes, a copy of the decision on construction of defense and security works by a competent state agency must be submitted.
In case the project uses land for mineral activities, a permit from a competent state agency must be obtained as prescribed by law.
- Documents appraising land use needs; appraisal of conditions for land allocation and land lease specified in Clause 3, Article 58 of the Land Law and Article 14 of Decree 43/2014/NĐ-CP dated 15 May 2014 of the Government detailing the implementation of a number of articles of the Land Law, which were undertaken when granting investment certificates or documents appraising investment projects or approving projects.
- Extract from the cadastral measurement map or extract the cadastral measurement of the land area
d) Quantity of dossier: 01 set
đ) Processing time: 20 working days.
e) Subjects of procedures: Individual, organization
g) Executive agency:
- Direct executive agency: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: Department of Natural Resources and Environment, Depart of Finance, Provincial Tax Bureau, District PC and Commune PC where the land is located.
h) Outcomes of the procedures: Decision to reallocate or lease the land.
i) Fee: Nil.
k) Templates.
Application for land redistribution or lease (Form 01 enclosed with Circular 30/2014/TT-BTNMT dated 2 June 2014 by the Ministry of Natural Resources and Environment on dossier for land redistribution, lease, change of land use purpose and land acquisition
l) Requirements and conditions for procedures: none.
m) Legal basis for procedures:
- Land Law No. 45/2013/QH13 dated 29/11/2013.
- Investment Law in 2020.
- Decree 43/2014/NĐ-CP dated 15/5/2014 on the implementation of a number of articles of Land Law 2013.
- Decree 01/2017/NĐ-CP dated 06/01/2017 by the government on modification, supplementation of decrees detailing the Land Law.
- Circular 30/2014/TT-BTNMT dated 2/6/2014 by the Ministry of Natural Resources and Environment on dossier for land redistribution, lease, change of land use purpose and land acquisition.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures to extend the land use
a) Executive steps:
Step 1:
The investor shall submit a complete application and receive a receipt with an appointment date at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is incomplete or invalid, within 03 working days from the receipt of dossier, the Authority shall notify and provide instructions in writing to the investor for the supplementation of the dossier.
- If the dossier is complete, the Authority will consider to issue a decision to extend the land use.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, the investor shall receive the decision to redistribute or lease the land.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application registering changes in land and land-attached assets (Form No. 09/DK issued together with Circular 24/2014/TT-BTNMT dated 19/5/2014 of the Ministry of Natural Resources and Environment on regulations on cadastral dossier).
- Master copy of Land Use Right Certificate granted.
- A copy of the additional investment decision or the investment permit or the investment certificate showing the term or adjustment of the project implementation term in line with the time limit applying for an extension of land use in case the organization or foreign organization with diplomatic functions, foreign-invested enterprises and overseas Vietnamese implementing investment projects
In case the investment project is adjusted with a change in the project's operation term, the application for extension of the land use shall be submitted after receiving a document from a competent agency on the project adjustment.
- Documents proving the completion of financial duties (if any).
d) Quantity of dossier: 01 set
đ) Processing time: 07 working days.
e) Subjects of procedures: Individual, organization
g) Executive agency:
- Direct executive agency: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: Department of Natural Resources and Environment, Depart of Finance, Provincial Tax Bureau, District Tax Bureau
h) Outcomes of procedures: Decision to extend the land use
i) Fee: Nil.
k) Templates: Application registering changes in land and land-attached assets (Form No. 09/DK issued together with Circular 24/2014/TT-BTNMT dated 19/5/2014 of the Ministry of Natural Resources and Environment on regulations on cadastral dossier).
l) Requirements and conditions for procedures:
- Prior to the expiry date of land use at least 6 months.
- After receiving the document from a competent agency on the adjustment of the investment project in case the adjusted project changes the project operation time.
m) Legal basis for procedures:
- Land Law No. 45/2013/QH13 dated 29/11/2013.
- Investment Law in 2020.
- Decree 43/2014/NĐ-CP dated 15/5/2014 on the implementation of a number of articles of Land Law 2013.
- Decree 01/2017/NĐ-CP dated 06/01/2017 by the government on modification, supplementation of decrees detailing the Land Law.
- Circular 24/2014/TT-BTNMT dated 19/5/2014 of the Ministry of Natural Resources and Environment on regulations on cadastral dossier
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for land rent exemption or reduction in Dung Quat EZ
a) Executive steps:
Step 1:
The investor shall submit a complete application within 10 days from the decision of land lease and receive a receipt with an appointment date at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is incomplete or invalid, within 03 working days from the receipt of dossier, the Authority shall notify and provide instructions in writing to the investor for the supplementation of the dossier.
- If the dossier is complete, the Authority will consider to issue a decision to exempt the land lease levy.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, the investor shall receive the decision to exempt or reduce land lease levy.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Dossier for exemption of land lease levy during basic construction:
+ An application for land lease exemption during the basic construction; which clearly states: the leased land area, land lease term; reason for exemption and duration of land lease exemption (original copy).
+ Investment certificate, investment license, investment registration certificate, decision on investment policy (except for cases that these types of papers are not required according to the law on investment) (copy).
+ A decision of land lease by a competent state agency (copy).
+ Investment projects approved in accordance with the law on investment serving as the basis for land lease by the State (copy).
- Dossier for exemption of land lease according with law on investment:
+ An application for land lease exemption during the basic construction; which clearly states: the leased land area, land lease term; reason for exemption and duration of land lease exemption (original copy).
+ Investment certificate, investment license, investment registration certificate, decision on investment policy (except for cases that these types of papers are not required according to the investment law or cases that land is allocated by the State without land use levy and now is converted to land lease, or leased by the State and now eligible for land lease exemption or reduction (copy).
+ Investment projects approved in accordance with the law on investment (except for cases that land is allocated by the State without land use levy and now is converted to land lease, or leased by the State and now eligible for land lease exemption or reduction (copy).
+ A decision of land lease by a competent state agency (copy).
+ Documents proving that at least VND 6,000 billion has been disbursed in 03 years for cases of land rent exemption or reduction as prescribed at Point c, Clause 2, Article 15 of the Law on Investment (copy).
+ Documents proving that the average number of employees of the year is 500 or more, certified by the competent labor management agency in the area of the project, in the case of land rental exemption or reduction according to Point d, Clause 2, Article 15 of the Law on Investment (copy).
- Dossier for exemption of land lease during the operation cease time:
+ An application for land lease exemption during the operation stops (original copy).
+ A certification by an investment registration agency on the operation cease time of the project (original).
+ A decision of land lease by a competent state agency (copy).
d) Quantity of dossier: 01 set.
đ) Processing time: 15 days.
e) Subjects of procedures: Individual, organization
g) Executive agency:
- Decision making agency: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: relevant departments.
h) Outcomes of procedures:
Dung Quat EZ and Quang Ngai IPs Authority issues a decision for exemption, reduction of land lease for organization or individual renting land in the Economic Zone to implement the investment project.
i) Fees (if any): Nil.
k) Templates, forms or application (if any): Yes
l) Requirements and conditions for procedures: None
m) Legal basis for procedures
- Decree 35/2017/ND-CP dated 3 April 2017 of the Government providing for the collection of land use levy, land lease and water surface lease in economic zones and hi-tech zones.
- Decision 102/QD-BTC dated 24 January 2018 of the Ministry of Finance on announcing new administrative procedures in the field of public property management under the management function of the Ministry of Finance.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for land use levy exemption for projects allocated land by the State with land use levy in economic zones for investment in social houses to serve the employees.
a) Executive steps:
Step 1:
The investor shall submit a complete application within 10 days from the decision of land lease and receive a receipt with an appointment date at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is incomplete or invalid, within 03 working days from the receipt of dossier, the Authority shall notify and provide instructions in writing to the investor for the supplementation of the dossier.
- If the dossier is complete, the Authority will consider to issue a decision to exempt the land lease levy.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, the investor shall receive the decision to exempt land lease levy.
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the Investor).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- An application for land lease exemption; which clearly states: the leased land area and reasons for exemption (original copy).
- Investment project on social houses approved by a competent state agency in accordance with the law on investment and law on housing (copy).
- A decision of land allocation by a competent state agency (copy).
d) Quantity of dossier: 01 set.
đ) Processing time: 15 days.
e) Subjects of procedures: Investor allocated land by the state.
g) Executive agency:
- Decision making agency: Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Collaborating agencies: relevant departments.
h) Outcomes of procedures: A decision to exempt land use levy.
i) Fees (if any): Nil.
k) Templates, forms or application (if any): Yes
l) Requirements and conditions for procedures: None
m) Legal basis for procedures
- Decree 35/2017/ND-CP dated 3 April 2017 of the Government providing for the collection of land use levy, land lease and water surface lease in economic zones and hi-tech zones.
- Decision 102/QD-BTC dated 24 January 2018 of the Ministry of Finance on announcing new administrative procedures in the field of public property management under the management function of the Ministry of Finance.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for deducting compensation and site clearance from land use levy and land lease in Dung Quat Economic Zone.
a) Executive steps:
Step 1:
The organization, individual shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the appointment date).
(The Authority determines the amount of compensation and site clearance to be deducted from the land use levy and land lease in accordance with Clause 2, Article 6 of Decree 35/2017/ND-CP dated 3 April 2017 of the Government together with the determination and announcement of the land use levy and land rent payable by the land user).
- If the dossier is incomplete or invalid, the Authority shall notify in writing within 05 working days from the receipt of the dossier for necessary supplementation.
Step 3:
On the appointment date on the Receipt, the organization or individual shall receive a notice on registering Labor Regulations if the application is approved. If not eligible, the organization or individual shall receive a written document from a competent agency (stating clearly the reasons).
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the organization or individual).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- The land user’s application requesting the deduction of compensation, site clearance from land use levy, land lease payable (original).
- Compensation, site clearance options approved by a competent state agency (copied).
A decision approving the liquidation of compensation, site clearance by a competent state agency (copied).
d) Quantity of dossier: 01 set.
đ) Processing time: No regulations.
e) Subjects of procedures: Organizations, individuals using land in Dung Quat Economic Zone.
g) Executive agencies:
Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
h) Outcomes of procedures:
Dung Quat EZ and Quang Ngai IP Authority shall inform in writing the organization or individual using land on the deduction of compensation and site clearance from land use, land lease payable.
i) Fees: Nil
k) Templates and forms: None
l) Requirements and conditions for procedures: None
m) Legal basis for procedures:
- Decree 35/2017/ND-CP dated 3 April 2017 of the Government providing for the collection of land use levy, land lease and water surface lease in economic zones and hi-tech zones.
- Decision 102/QD-BTC dated 24 January 2018 of the Ministry of Finance on announcing new administrative procedures in the field of public property management under the management function of the Ministry of Finance.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
Procedures for registering Labor Internal Regulations
a) Executive steps:
Step 1:
The organization, individual shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the organization or individual within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, organization or individual shall receive notices of registration of Labor Regulations if it is approved. In case of ineligibility, the organization or individual receives a written reply from the competent agency (clearly stating the reasons).
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the organization or individual).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Enterprise’s decision on issuing Labor Regulations.
- The Labor Regulations with signature and stamp of the enterprise’s owner.
- Written comments of laborer’s representative organizations, applicable to enterprises with an existing laborer’s representative organization.
- Employer’s documents related to labor disciplines and physical responsibilities (if any).
(All documents are bound in a file (with a cover page, title) as regulated.
d) Quantity of dossier: 02 sets.
đ) Processing time: 05 working days.
e) Subjects of procedures: Organizations, individuals.
g) Executive agencies:
Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
h) Outcomes of procedures: A notice on registration of Labor Regulations.
i) Fees (if any): Nil.
l) Requirements and conditions for procedures: (if any): None.
m) Legal basis for procedures:
- Labor Code No. 45/2019/QH14 passed by the National Assembly of the Socialist Republic of Vietnam on 20/11/2019;
- Decree No. 145/2020/ND-CP dated 14/12/2020 of the Government detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and labor relations.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
Procedures issuing Certificate of Origin Form D (C/O Form D).
a) Executive procedures:
Traders participating in the process of issuing electronic C/O Form D declare the electronic trader dossiers on the eCoSys System at http://ecosys.gov.vn or the Ministry of Industry and Trade's Public Service Portal at http://dichvucong.moit.gov.vn or other Government addresses.
b) Performance modality:
- Traders fill out the application for C/O Form D as per the electronic form available on the Ministry of Industry and Trade's electronic certificate of origin management and issuance system at http://ecosys.gov.vn or the Ministry of Industry and Trade's Public Service Portal at http://dichvucong.moit.gov.vn or other Government addresses.
- Traders submit an application for C/O Form D and C/O Form D in paper form directly at the Dung Quat EZ and Quang Ngai IP Authority.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
On the appointment date in the Receipt, the Authority approves the issuance of C/O form D electronically on the eCoSys System to send the issued C/O data to ASEAN member states via the National Single Window. If the trader requests additional C/O Form D in paper copy, the Authority shall issue C/O Form D in paper copy.
c) Dossier components:
- Components for registration of a trader profile: (Specified in Article 13 of Decree 31/2018/ND-CP dated 08/3/2018):
+ Traders applying for C/O for the first time must register their trader profiles with the C/O-issuing agency and only be considered for issuance of Certificates of Origin when a complete and valid trader profile is validly registered. Trader profile includes:
● Register the signature sample of the legal representative of the trader or the person authorized to sign the application for the Certificate of Origin, sign the Certificate of Origin and the trader's seal sample according to Form No. 01 specified in the Appendix issued together with Decree 31/2018/NĐ-CP;
● A copy of Certificate of Enterprise Registration (stamped as a true copy by the trader);
● List of goods-producing establishments applying for Certificate of Origin (if any) according to Form No. 02 specified in Appendix issued together with Decree 31/2018/NĐ-CP.
+ Trader profiles are declared through the Electronic Certificate of Origin Management and Issuance System at www.ecosys.gov.vn or other websites of agencies and organizations issuing Certificates of Origin authorized by the Ministry of Industry and Trade. The Ministry of Industry and Trade encourages traders to register e-trader profiles. In case it is not possible to register the e-trader profile, the trader is allowed to submit the dossier at the Dung Quat EZ and Quang Ngai IP Authority.
+ Any changes in the trader's profile must be updated at www.ecosys.gov.vn or notified to the Dung Quat EZ and Quang Ngai IP Authority before applying for a Certificate of Origin. In case of no changes, the trader profile shall still be updated every 2 years.
- Components for Certificate of Origin C/O Form D: (specified at Article 15 of Decree 31/2018/NĐ-CP dated 08/3/2018)
+ For traders applying for C/O Form D for the first time or for products exported for the first time or for products that are not fixed (with changes in quantity norm, weight norm, HS code, value and the source of raw materials for both input materials or output products for each C/O Form D), an application for C/O Form D includes:
● An application for a Certificate of Origin is fully and duly declared as Form No. 04 specified in Appendix issued together with Decree 31/2018/NĐ-CP dated 08/3/2018;
● The corresponding Certificate of Origin form has been fully declared;
● A copy of the export customs declaration. In case exported goods are not required to declare customs as law, no copy of the customs declaration is required;
● A copy of commercial invoice (stamped as a true copy by the trader);
● A copy of the bill of lading or a copy of an equivalent transport document (stamped as a true copy by the trader) in case the trader does not have a bill of lading. Traders shall be considered not to submit this document in case of exporting goods in the form of delivery without using bills of lading or other transport documents as prescribed by law or international practice;
● A detailed declaration of exported goods meeting the preferential origin criteria or the non-preferential origin criteria as per form prescribed by the Ministry of Industry and Trade;
● Declaration of origin of the manufacturer or supplier of materials originated domestically or of products domestically produced according to the form prescribed by the Ministry of Industry and Trade in case such materials are used for next stage to produce another good;
● A copy of Goods Manufacturing Process (stamped as a true copy of the trader);
● If necessary, the agency or organization issuing C/O Form D shall carry out a physical inspection at the trader's production facility as prescribed in Clause 1, Article 28 of Decree 31; or request the trader applying for a C/O Form D to submit additional documents in the form of copies (stamped as a true copy by the trader) such as: Customs declaration for import of raw materials and auxiliary materials used for production of export goods (if imported raw materials and auxiliary materials are used in the production process); purchase and sale contract or value-added invoice for purchase and sale of domestic raw materials and auxiliary materials (if using domestically purchased raw materials and auxiliary materials in the production process); export license (if any); other necessary documents.
+ For traders producing and exporting fixed products (no change in quantity norm, weight norm, HS code, value and supply of raw materials for input materials and output products) ), an application for a Certificate of Origin for the first time includes the documents specified in Clause 1, Article 15 of Decree 31. From the subsequent application for C/O Form D, the trader only needs to submit the following documents:
● An application for a Certificate of Origin is fully and duly declared as Form No. 04 specified in Appendix issued together with Decree 31/2018/NĐ-CP dated 08/3/2018;
● The corresponding Certificate of Origin form has been fully declared;
● A copy of the export customs declaration. In case exported goods are not required to declare customs as law, no copy of the customs declaration is required;
● A copy of commercial invoice (stamped as a true copy by the trader);
● A copy of the bill of lading or a copy of an equivalent transport document (stamped as a true copy by the trader) in case the trader does not have a bill of lading. Traders shall be considered not to submit this document in case of exporting goods in the form of delivery without using bills of lading or other transport documents as prescribed by law or international practice;
+ In case the following documents are not available: A copy of the export customs declaration; a copy of the bill of lading or a copy of the equivalent transport document, the trader applying for a Form D C/O is allowed to submit these documents later but not more than 15 working days from the issuance of Form D C/O. After this time, if the trader fails to submit additional documents, the Authority shall request the withdrawal or cancellation of the issued C/O Form D according to the provisions of Article 22 of Decree 31.
d) Quantity of dossier: 01 set.
đ) Processing time: 08 working hours.
- Within 6 working hours from the receipt of complete and valid dossier in electronic form, the Authority is responsible for notifying on the eCoSys system the results of the application for C/O Form D to the trader. Specifically:
+ If the application for electronic C/O Form D is in compliance with current regulations, the Authority shall approve the issuance of electronic C/O Form D on the eCoSys System to send the issued C/O data to other ASEAN members via the National Single Window.
+ If the application for electronic C/O Form D is not in compliance with current regulations, the Authority specifies the reasons for refusal and notice for the supplementation by the trader.
- Within 2 working hours after receiving the C/O application and the complete filled out C/O Form D, in line with the issued electronic C/O Form D, the Authority issues C/O Form D in paper copy (if the trader requests for additional issuance of C/O Form D in paper version).
e) Executive agency:
Dung Quat EZ and Quang Ngai IP Authority.
g) Subject of administrative procedures:
- Traders including exporter, manufacturer, representative with legal authorization of exporter or manufacturer.
- C/O issuing agencies or organizations.
h) Outcomes of procedures: Certificate of Origin Form D as specified in Appendix II issued together with Circular 19/2020/TT-BCT dated 14/8/2020 by the Minister of Industry and Trade.
i) Fees: Nil.
k) Templates and forms:
- Form No. 01: Registration of the signature sample of the person authorized to sign the C/O application and the trader's seal sample, issued together with the Decree 31/2018/NĐ-CP dated 8/3/2018
- Form No. 02: List of production establishments of traders, issued together with Decree No. 31/2018/NĐ-CP dated 8/3/2018
- Form No. 04: Application for C/O Form D, issued together with Decree No. 31/2018/NĐ-CP dated 8/3/2018
- Appendix II. C/O Form D, issued together with Circular 19/2020/TT-BCT dated 14/8/2020
l) Legal basis for procedures:
- Decision No. 5044/QD-BCT dated 26/12/2016 of the Ministry of Industry and Trade on authorizing the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority to issue Certificate of Origin Form D for goods produced in Dung Quat Economic Zone and Industrial Parks under the management of the Authority.
- Decree 31/2018/ND-CP dated 8/3/2018 of the Government detailing the Law on Foreign Trade Management on origin of goods (Decree 31).
- Circular 05/2018/TT-BCT dated 03/4/2018 of the Ministry of Industry and Trade on regulations on origin of goods (Circular 05).
- Decision No. 3624/QD-BCT dated 9/12/2019 of the Ministry of Industry and Trade promulgating the process of issuing electronic Certificate of Origin Form D (Decision 3624).
- Circular No. 19/2020/TT-BCT dated 14/8/2020 of the Ministry of Industry and Trade supplementing circulars on the implementation of the Rules of Origin of goods in the ASEAN Trade in Goods Agreement (Circular 19).
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for appraisal and approval of contractor selection plan for construction projects for group C projects in Dung Quat EZ and Quang Ngai IP.
a) Executive steps:
Step 1:
The organization, individual shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the organization or individual within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, organization or individual shall receive a decision approving contractor selection plan if it is approved. In case of ineligibility, the organization or individual receives a written reply from the competent agency (clearly stating the reasons).
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the organization or individual).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Statement requesting the approval for contractor selection plan.
- A decision approving the project.
- A decision approving the design, cost estimation (if any).
- A decision allocating budget for the project.
- Other relevant documents.
d) Quantity of dossier: 01 set.
đ) Processing time: 20 days.
e) Subject of procedures: organization, agency.
g) Executive agency:
Direct executive agency: Dung Quat EZ and Quang Ngai IP Authority
h) Outcomes of procedures:
- Appraisal report.
- Decision approving bidding plan.
i) Fee: Nil.
k) Templates, forms:
Statement approving the contractor selection plan for construction projects (Form 01 enclosed with Circular 10/2015/TT-BKHĐT dated 26/10/2015 detailing contractor selection plan).
l) Requirements and conditions for procedures: Meeting the appraisal specified at Article 6 of Circular 10/2015/TT-BKHĐT.
m) Legal basis for procedures:
- Law on Construction dated 18/6/2014; Law amending a number of provisions of Law on Construction dated 17/6/2020.
- Law on Bidding No. 43/2013/QH13 dated 26/11/2013.
- Decree No. 63/2014/NĐ-CP dated 26/6/2014 of the Government detailing the implementation of provisions of Bidding Law on contractor selection.
- Circular No. 10/2015/TT-BKHĐT dated 26/10/2015 of the Ministry of Planning and Investment detailing on contract selection plan.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
* Attachments:
Procedures for appraisal and approval of bidding documents for construction projects in Dung Quat EZ and Quang Ngai IP.
a) Executive steps:
Step 1:
The organization, individual shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the organization or individual within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, organization or individual shall receive a decision approving bidding documents. In case of ineligibility for appraisal, the organization or individual receives a written reply from the competent agency (clearly stating the reasons).
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the organization or individual).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Statement requesting the approval for bidding documents (Request dossier).
- A decision approving the project.
- A decision approving contractor selection plan.
- A decision approving the detailed design and cost estimation.
- Other relevant documents.
d) Dossier quantity: 01 set.
đ) Processing time: 20 days.
e) Subject of procedures: organization, agency.
g) Executive agency:
Direct executive agency: Dung Quat EZ and Quang Ngai IP Authority
h) Outcomes of procedures:
- Appraisal report for bidding documents (Request dossier)
- Decision approving bidding documents (Request dossier).
i) Fee: Fees for appraisal of bidding document, request dossier is 0.05% of the bid package price but minimum is 1,000,000 VND and maximum is 50,000,000 VND (provided at Clause 2, Article 9, Decree 63/2014/NĐ-CP dated 26/6/2014 of the government).
k) Templates and forms: None.
l) Requirements and conditions for procedures: Templates for bidding documents (request dossier) shall be in line with provisions in Circular 01/2015/TT-BKHĐT, Circular 03/2015/TT-BKHĐT, Circular 05/2015/TT-BKHĐT, Circular 11/2015/TT-BKHĐT.
m) Legal basis for procedures:
- Bidding Law 43/2013/QH13 dated 26 November 2013.
- Decree 63/2014/NĐ-CP dated 26/6/2014 of the government detailing the implementation of provisions of Bidding Law on selecting contractors.
- Circular 01/2015/TT-BKHĐT dated 14/2/2015 of the Ministry of Investment and Planning detailing the development of invitation for expression of interests, bidding documents and request dossier for consulting services.
- Circular 03/2015/TT-BKHĐT dated 6/5/2015 of the Ministry of Investment and Planning detailing the development of bidding documents for construction.
- Circular 05/2015/TT-BKHĐT dated 16/6/2015 of the Ministry of Investment and Planning detailing the development of bidding documents for goods purchase.
- Circular 11/2015/TT-BKHĐT dated 27/10/2015 of the Ministry of Investment and Planning detailing the development of request dossier for bid appointment and competitive quotation.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
Procedures for appraisal and approval of contractor selection results for construction projects in Dung Quat EZ and Quang Ngai IP.
a) Executive steps:
Step 1:
The organization, individual shall submit a complete application at the Dossier Receipt and Results Returning Section of the Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority or submit it online at https://motcua.quangngai.gov.vn.
The dossier shall be received and returned in person on Mondays to Fridays, except legal public holidays:
- 08h00 to 11h30 in the morning.
- 13h00 to 16h30 in the afternoon.
Step 2:
- If the dossier is complete, the staff shall receive it and issue a Receipt (to inform the returning date).
- If the dossier is incomplete, and is subject to supplementation (received online or by post), the Authority will notify in writing the organization or individual within 03 working days from the date of receiving the application.
(In case the application is sent by post, the date the Dossier Receiving and Result Returning Section receives the dossier from the post office is considered as the date of receipt of the dossier).
Step 3:
On the appointment date on the Receipt, organization or individual shall receive a decision approving the contractor selection results. In case of ineligibility for appraisal, the organization or individual receives a written reply from the competent agency (clearly stating the reasons).
(At receiving the result, the receiver shall present the Receipt; in case it is lost or submitting via post office, the receiver shall present the Power of Attorney by the organization or individual).
b) Submitting modality:
- Submitting in person at Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
- Submitting via post office.
- Submitting online at: https://motcua.quangngai.gov.vn.
c) Dossier components:
- Application for approval of contractor selection results (Appendix 7: Application form for approval of contractor selection results according to Circular 23/2015/TT-BKHDT dated 21/12/2015).
- Assessment report on contraction selection results.
- A decision approving the project.
- A decision approving contractor selection plan.
- A decision approving the detailed design and cost estimation.
- A decision approving list of bidders qualified for technical criteria (if any).
- A decision approving bidder ranks.
- A contract negotiation proceedings.
- Bids of bidders and other relevant documents.
d) Quantity of dossier: 01 set.
đ) Processing time: 10 working days with small-scale bid package and 20 working days for other packages.
e) Subject of procedures: organization, agency.
g) Executive agency:
Direct executive agency: Dung Quat EZ and Quang Ngai IP Authority
h) Outcomes of procedures: Appraisal report and approval decision for contractor selection results.
i) Fees: Appraisal fees for contractor selection results, including no contractor is selected, is equal to 0.05% of the bid package price but minimum is 1,000,000 VND and maximum is 50,000,000 VND (provided at Clause 5, Article 9 of Decree 63/2014/NĐ-CP dated 26/6/2014).
k) Templates and forms:
Form of bid evaluation report according to Circular No. 23/2015/BKH dated 21 December 2015 of the Ministry of Planning and Investment detailing the preparation of bid evaluation reports.
l) Requirements and conditions for procedures: Meeting appraisal requirements at Article 2 of Circular 19/2015/TT-BKHĐT.
m) Legal basis for procedures:
- Bidding Law 43/2013/QH13 dated 26 November 2013.
- Decree 63/2014/NĐ-CP dated 26/6/2014 of the government detailing the implementation of provisions of Bidding Law on selecting contractors.
- Circular 23/2015/TT-BKHĐT dated 21/12/2015 of the Ministry of Investment and Planning detailing the preparation of bid evaluation reports.
- Circular 19/2015/TT-BKHĐT dated 27/11/2015 of the Ministry of Investment and Planning detailing the development of appraisal report in the contractor selection process.
- Decision No. 30/2021/QĐ-UBND dated 30 June 2021 of Quang Ngai PPC on Regulations on functions, obligations, authorities and structures of Dung Quat Economic Zone and Quang Ngai Industrial Parks Authority.
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