The following is brief introduction of a series of policies involving foreigners that have come into effect in 2015.
 |
Visa exemption for foreign citizens
Under the Government’s Resolutions No. 46/NQ-CP dated June 18, 2015, citizens from five countries namely the UK, France, Germany, Spain, and Italy enjoy visa exemption from July 1, 2015 to June 30, 2016 for single-
The policy will be considered for extension in accordance with Vietnamese law.
Currently, Viet Nam is also offering unilateral visa exemption for citizens from the Republic of Korea, Sweden, Japan, Russia, Finland, Norway and Demark.
Experience requirement for foreign language teachers
The Government’s Decree 124/2014/ND-CP, which amends the Decree 73/2012/ND-CP, does not require foreign lecturers to have at least five-year experience to gain the permit to teach at short-term training institutions, preschool education institutions, compulsory education institutions.
However, foreign lecturers must have at least 5 years of experience to be allowed to teach at foreign-funded vocational training and tertiary education facilities.
Technologies banned from transfer to Viet Nam
According to Decree 120/2014/ND-CP, dated December 17, 2014, the list of technologies banned from transfer from abroad into Viet Nam increased from 16 (stipulated in the Decree 133/2008/ND-CP) to 30.
The banned technologies include the technology for production of preservatives for forest products that contains high Pentachlorophenol (PCP) and dichloro diphenyl trichoroethane (DDT)
New regulations on safe operation of credit institutions
The State Bank of Viet Nam issued Circular 36/2014/TT-NHNN on capital adequacy and liquidity requirements for credit institutions including branches of foreign banks.
The second chapter of the Circular stipulates: Specific provisions including 16 Articles (Articles 6 to 21) and 7 Items stipulate following substances: (i) real value of charter capital and measures for handling when the real value of charter capital is lower than the legal capital; (ii) equity capital and capital adequacy ratio; (iii) limit of credit extension; (iv) solvency ratio; (v) maximum ratio of short- term funds used for medium and long term loans; (vi) the limits of capital contribution and share purchasing; (vii) the ratio of loan outstanding and total deposits.
Management of foreigners’ entry and exit
Decree No. 64/2015/ND-CP dated August 6 stipulates that ministries, sectors and localities are required to tighten cooperation in creating favorable conditions for foreigners to enter, exit, transit or reside in Viet Nam in accordance with law, ensuring centralized, unified and non-overlapped direction and management.
The Ministry of Public Security will take major role in performing state management over entry, exit, transit and residence of foreigners in Viet Nam.
The provincial-level People’s Committees are required to work closely with immigration management agencies of provincial-level police departments in managing foreigners’ residence in their localities.
The Ministry of Foreign Affairs is tasked to direct competent agencies to grant Vietnamese visas overseas.
Amended regulations on foreign motor vehicles
Decree No. 57/2015/ND-CP dated 16 June 2015 of the Government providing amendments to a number of articles of the Decree No. 152/2013/ND-CP on management of motor vehicles brought into Viet Nam by foreigners for tourism purposes also took effect as from 1 August 2015.
According to the Decree, foreign motor vehicles permitted to be imported into Viet Nam for the travelling purpose include left-hand drive automobiles for the transport of up to 9 persons, left-hand caravans, and motorbikes.
Expanding foreign ownership ratio
The Government on June 26 issued Decree No. 60/2015/ND-CP amending Decree No. 58/2012/ND-CP on providing specific provisions for the implementation of some articles of the Law on Securities, and the Law on amending and supplementing a number of articles of the Law on Securities.
The new Decree provides foreign ownership caps in the securities markets of Viet Nam.
If a public company operates in an industry or sector related to business investments and the laws on investment and relevant laws contain provisions on foreign ownership caps, the provisions of such laws shall apply;
If a public company operates in an industry or sector related to business investments that are conditional applicable to foreign investors, and where there is no specific provision on foreign ownership caps, the maximum of foreign ownership shall be 49%.
If a public company operates in mult-sectors and different foreign ownership caps are stipulated, the applicable cap shall not exceed the lowest limit among the foreign ownership caps provided for the sectors (in which the company operates businesses), unless the international treaties specify otherwise.
If a public company does not fall into any above circumstances, the foreign ownership cap shall be unrestricted, unless its Charter specifies otherwise.
Vietnamese language ability framework for foreigners
The Ministry of Education and Training on September 1, 2015 issued Circular 17/2015/TT-BGDDT on Vietnamese language ability framework for foreigners.
The framework provides the basis to evaluate the Vietnamese language capacity of foreigners.
The framework consists of three stages namely Primary, Intermediate and Advanced and six levels (from level 1 to level 6 and in correlation with grade A1 to A2 in CEFR).
Surveillance of activities in maritime boundary areas
The Government on September 3, 2015 issued Decree No. 71/2015/ND-CP on management of activities of persons, vehicles, and craft in maritime boundary areas of Viet Nam.
Activities prohibited in maritime boundary areas include:
Illegally building or installing facilities and equipment or committing acts that are detrimental to the safety of border facilities.
Discharging, dumping or burying hazardous substances, industrial waste, nuclear waste or other hazardous wastes causing environmental pollution; firing, launching or releasing substances that cause harm or threaten to cause harm to national defense, security, the economy, human health, environment, or social safety.
Conducting research, investigation, survey, exploration or exploitation without permission of competent Vietnamese agencies.
Flying into no-flight zones; firing, launching or releasing flying devices that threaten to cause harm to national defense, security, the economy or aviation safety; or launching vessels or objects in violation of Viet Nam’s law.
Visa exemption for Vietnamese expatriates
Under Decree No. 82/2015/ND-CP dated September 24, 2015, Vietnamese expatriates, their spouses and children shall be exempted from visa.
They are required to have passports or international travel papers that are valid for at least one year.
Vietnamese people residing overseas submit certified copies of original documents or present copies attached to original documents for reference one of the following papers: birth certificate, decision for renunciation of Vietnamese citizenship or certificate of loss of Vietnamese citizenship, other papers indicating Vietnamese citizenship or valid to prove the original Vietnamese citizenship of the applicant;
Duty-free goods on international flights
Since November 1, 2015, airline passengers are able to purchase duty-free goods on international flights to Viet Nam, according to the Prime Minister’s Decision No. 39/2015/QD-TTg.
(Source:VGP)
