Our Vietnam legal update #138 would lead you on 03 legal issues:
I. Making and submitting reports on investment supervision and appraisal
On 06 November 2020, the Ministry of Planning and Investment issued Official Letter No. 7399/BKHDT-GSDDT guiding the implementation of investment supervision and assessment reports as follows:
- Investors and business organizations must monitor and inspect their own projects and report, in which make reports on the status of project exploitation and operation (according to Article 34 of Decree No. 84/2015/ND-CP).
- By the time the project expires, the investor can stop the process of submitting the reports on investment supervision and appraisal.
- In case of an investment project using land under form of leasing land from the State, the investor shall make and submit reports on investment supervision and appraisal during the operation period of the project, which is in accordance with the term prescribed in the land lease decision.
II. Capital contribution to implement investment projects
On 13 November 2020, the Ministry of Planning and Investment issued Official Letter No. 7558/BKHDT-PC guiding the capital contribution to implement investment projects with the following contents:
- The enterprise’s charter capital is not necessarily equivalent to the project’s investment capital.
- An enterprise can contribute capital by mobilizing other sources of capital to implement an investment project in accordance with the provisions of the Decision on investment policy and/ or the Investment Registration Certificate.
- During the implementation of an investment project, the enterprise must have the capacity to implement the project pursuant to its objectives, contents, scale, schedule and other conditions according to the Decision on investment policy and the Investment Registration Certificate (if any).
III. Only issuing WP for foreign employees who are present in Vietnam
Department of Labor – War Invalids and Social Affairs (“DOLISA”) of Ho Chi Minh City issued Official Letter No. 29973/SLDTBXH-VL-ATLD dated 13 October 2020 on issuing WP for foreigners with the following contents:
- When DOLISA receives the dossier of WP issuance, the enterprise must provide the original of the foreigner’s passport to compare with and verify the provided copy, and to ensure that foreigner is currently present in Vietnam (or the foreigner entering Vietnam has complied with regulations on controlling COVID-19 pandemic).
- If the foreigner is not present in Vietnam at the time of obtaining WP, the enterprise can make a request application to support the foreigner’s entry into Vietnam. After the foreigner enters Vietnam and complies with the regulations on controlling COVID-19 pandemic, the enterprise can proceed to obtain the WP.
- Foreigners who have not entered Vietnam to work shall not be administratively sanctioned for working without a WP or without a written confirmation of WP exemption.
- In case the foreign employee is the enterprise’s managing person, the enterprise may consider implementing the procedure to confirm the employee’s WP exemption or the procedure for the foreign employee entering and working less than 14 days.