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Documents to make citizen identification for temporary residents in Vietnam
Legal service

Documents to make citizen identification for temporary residents in Vietnam

by BichNgoc
written by BichNgoc

According to the Law on Citizen Identification 2014, Vietnamese citizens aged full 14 years or older granted a citizen identity card (Clause 1, Article 19). The citizen identification card must change when the citizen is full 25 years old, full 40 years old and full 60 years old (Article 21). In case a citizen’s identity card issued, changed or re-issued within 02 years before the prescribed age, it is still valid until the next card change age. What documents do I need to apply for CCCD for temporary residents? Find out with LSX Lawfirm through the article Documents to make citizen identification for temporary residents in Vietnam below.

Circular 07/2016/TT-BCA

What documents do I need to apply for citizen identification for temporary residents?

In order to create conditions for citizens who do not have to return to their permanent residence to carry out procedures for granting citizen identification cards, the Ministry of Public Security has instructed local police to collect dossiers of issuance of citizen identification cards with chips to citizens at places where citizens temporarily reside. In order to apply for a citizen identification at a temporary residence, citizens can go to the application-receiving points at the district-level police station and the provincial-level Public Security Administration’s Social Security Administration Police Department or mobile CCCD-issuing points at the temporary residence for guidance. citizen identification card issuance procedures.

Pursuant to: Article 12 of Circular 07/2016/TT-BCA

When going to work as a citizen identification with a chip at a temporary residence, people need to bring the following documents:

  • Old ID card/citizen identity card (if any);
  • Household book (original);
  • Birth certificate or other legal papers in case the citizen’s information declared on the application form for citizen identification chip changed compared to the information in the household registration book or on the national population database ;
  • Temporary residence book (according to the law, temporary residents not required to carry documents proving their temporary residence. If the data is not complete in the data, the application-receiving points still require temporary residents to bring the original and valid temporary residence book when they go to citizen identification).

Note: Temporary residents to receive citizen identification applications must be those who have permanent residence in other provinces and cities, that is, even though they granted temporary residence status, they must have a household registration to accepted as citizen identification

Procedures for citizen identification card with chip at temporary residence

Pursuant to: Law on Citizen Identification 2014, Circular 07/2016/TT-BCA, Circular 40/2019/TT-BCA.

Step 1: Fill in the declaration form

Citizens fill in the Citizenship Identity Declaration form at the Social Order Administration Police Team, the District Police or on the Online Public Service Portal.

Step 2: Compare information for Documents to make citizen identification for temporary residents in Vietnam

Citizens present the household registration book (if the National Database fully collects information and goes into operation, it is not necessary to present the household registration book).

Dossier-receiving officers check and compare information of citizens in the citizen’s identity declaration (in case citizens declare online, they will receive it through a barcode reader or information acquisition device into the system with the information in the National Population Database or compare it with the household registration book to accurately identify the person who needs issue a card and to unify the contents of information about the citizen;

In case the information on the household registration book is incomplete or inconsistent with the citizen’s information declared on the citizen identification declaration, the citizen required to present the birth certificate, the old identity card/citizen identity card or other legal documents about the information recorded in the Citizenship Identity Declaration.

Step 3: Take a photo, take a fingerprint

Officers take photos, collect fingerprints and identification characteristics of people who come to carry out procedures for issuance of citizen identification cards to print on the receipt of citizen identification information and citizen identification cards according to regulations.

A citizen’s portrait is a photo taken with his face, bare head, clear face, two ears, without glasses; dress and style seriously and politely, not to use professional clothes when taking photos of the citizen’s identity card; especially for the case of citizens of a religion or ethnicity, they are allowed to wear the vestments of that religion or ethnicity. If they wear a headscarf, they can keep them when taking photos of their citizen identification cards, but their faces must be clearly visible;

Officers of the citizen identification management agency collect citizens’ fingerprints through fingerprint receivers; In case a finger is amputated, clubbed, deformed, or fingerprint cannot be obtained, specific content shall be recorded in the corresponding position of that finger.

Step 4: Citizens pay citizen identification card issuance fee according to regulations.

You can also refer to Service for applying for Vietnamese citizenship or What should Vietnamese citizens do when their household registration expires?

Step 5: Issue an appointment to return the citizen’s identity card and household registration book (if any) to the person who comes to carry out the procedures

At the same time:

Return the old Identity Card/Citizen Identity Card (without cutting corners) to citizens who come to carry out the procedures for use while waiting for the issuance of the Citizen Identity Card if the card is still clear (photos, numbers and words) ( in case the card received by post, cut the corner of the people’s identity card and revoke the citizen’s identity right at the time of receiving the application).
Collect and cancel the old ID card/Citizen ID card, record it in the file and issue a Certificate of Identity Card number if the previously issued Identity Card damaged, peeling, or unclear.
The agency where the application received will return the citizen’s identity card according to the time and place in the appointment letter.

Related questions

Where do temporary residents go to make CCCD chip?

To obtain a citizen’s identity card at a temporary residence, people can go to the application-receiving points at the district police station or mobile CCCD-issuing points at the temporary residence to carry out the card issuance procedures.

Fee for issuance of citizen identification with chip

– Change from 9-digit, 12-digit ID card to CCCD card: 30,000 VND
– Change CCCD card when: (Damaged and cannot be used; Change of surname, first name, middle name; Identification characteristics; Re-determination of gender, hometown; There is an error in information on the card; When citizens love demand): 50.

Who is free to do a chip-based citizen ID?

Citizens aged full 14 years or older carry out procedures for the issuance of a citizen identification card for the first time;
Change the citizen’s identity card in the following cases:
Citizens who are full 25 years old, full 40 years old and full 60 years old;
Issuance, exchange and re-issue of citizen identification cards within 2 years before the age specified above (from full 23 years old, full 38 years old and full 58 years old).
– Change the citizen identification card when there is an error in information on the citizen identification card due to the fault of the citizen identification management agency.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Documents to make citizen identification for temporary residents in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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Number of times employees try jobs in Vietnam
Legal service

Number of times employees try jobs in Vietnam

by BichNgoc
written by BichNgoc

Today, LSX Lawfirm will give you an article about: “Number of times employees try jobs in Vietnam”, as follows:

  • Civil Code 2015
  • Labor Code 2019

Regulations on labor contracts in Vietnam

According to the provisions of Clause 1, Article 13 of the Labor Code 2019, the labor contract is stipulated as follows:

  • Labor contract is an agreement between an employee and an employer on paid jobs, wages, working conditions, rights and obligations of each party in the labor relationship.
  • In case two parties agree by another name but with contents showing paid employment, salary and the management, administration and supervision of one party, it shall be considered as an employment contract.

In there:

  • An employee is a person who works for an employer under an agreement, is paid a salary and is subject to the management, administration and supervision of the employer.
  • Employer is an enterprise, agency, organization, cooperative, household or individual that hires or employs employees to work for them as agreed upon; In case the employer is an individual, he/she must have full civil act capacity.
  • The labor contract will take effect from the date of signing by the two parties, unless otherwise agreed by the two parties or provided for by law.

Types of labor contracts in accordance with the current Labor Code:

  • An indefinite term labor contract is a contract in which the two parties do not determine the term and the time of termination of the contract’s validity;
  • A fixed-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract’s validity within 36 months from the effective date of the contract.

Form of labor contract in Vietnam

  • The labor contract must be concluded in writing; and is made into 02 copies; the employee keeps 01 copy, the employer keeps 01 copy; except for the case specified in Clause 2 of this Article.
  • An employment contract entered into via electronic means in the form of a data message in accordance with the law on electronic transactions has the same value as a written labor contract.
  • The two parties may enter into a verbal labor contract for a contract with a term of less than 1 month; except for the case specified in Clause 2, Article 18, Point a, Clause 1, Article 145 and Clause 1, Article 162 of the Labor Code.

Regulations on probation in Vietnam

According to the provisions of Article 24 of the Labor Code 2019, the probationary period is as follows:

Employers and employees can agree on the content of probation stated in the labor contract or agree on probation by entering into a probationary contract.

The main contents of a probationary contract include the probationary period and the contents specified at Points a, b, c, dd, g and h, Clause 1, Article 21 of this Code.

Name and address of the employer and the full name and title of the person entering into the labor contract on the employer’s side;
Full name, date of birth, gender, place of residence, number of citizen identification card, identity card or passport of the person entering into the labor contract on the employee’s side;
Work and place of work;
Salary according to job or title, form of salary payment, time limit for salary payment, salary allowance and other additional amounts;
Working time, rest time;
Labor protection equipment for employees;
The probationary period not applied to employees entering into labor contracts with a term of less than 1 month.

Number of times employees try jobs in Vietnam

According to the provisions of Article 25 of the Labor Code 2019, the probationary period is as follows:

The probationary period agreed upon by the two parties based on the nature and complexity of the job, but only once for a job and ensuring the following conditions:

  • No more than 180 days for the work of the enterprise manager in accordance with the Law on Enterprises, the Law on Management and use of state capital invested in production and business at the enterprise;
  • No more than 60 days for jobs with professional titles requiring professional or technical qualifications from college or higher;
  • No more than 30 days for jobs with professional titles that require intermediate technical qualifications, technical workers, and professional staff;
  • No more than 06 working days for other jobs.

Thus, through the above regulations, we can see that the current labor law does not stipulate how many times an employee allowed to try a job; but only stipulates the number of probationary period, after this probationary period, the employee does not have to try another job again. From that provision, it deduced that each time an employee signs a contract, an employee allowed to try a job once.

You can also refer to the article about Rights and obligations of employees and employers in accordance with the laws of Vietnam; Employer’s right to unilaterally terminate the labor contract in accordance with Vietnamese law; Employer’s management rights in Vietnam.

At the end of the probationary period, what should the employer do?

According to the provisions of Article 27 of the Labor Code 2019, the end of the probationary period is as follows:

  • At the end of the probationary period, the employer must notify the probation result to the employee.
    In case the probationary period is satisfactory, the employer shall continue to perform the signed labor contract, in the case of probation agreement in the labor contract, or must enter into a labor contract in the case of contract of employment. probation contract.
    In case of unsatisfactory probation, the signed labor contract or probationary contract terminated.
  • During the probationary period, each party has the right to cancel the signed probationary contract or labor contract without prior notice and without compensation.
  • Probationary salary: The employee’s salary during the probationary period agreed upon by both parties but must be at least 85% of the salary of that job.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Number of times employees try jobs in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

Related questions

Do foreign students to practice have to apply for a work permit?

According to Article 7 of Decree 152/2020/ND-CP stipulating cases where foreign workers are not eligible for work permits, they are subject to:
– Students who are studying at overseas schools and training institutions that have an internship agreement in agencies, organizations and enterprises in Vietnam; trainees and trainees on Vietnamese ships.

Can the internship contract be terminated?

According to the provisions of the Labor Code, during the working process, the employee has the right to unilaterally terminate the labor contract when fully satisfying the grounds and procedures prescribed in Article 37 of the Labor Code. You can refer to the provisions on unilateral termination of the employee’s contract.

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Can a car enter the truck lane in Vietnam?
Legal service

Can a car enter the truck lane in Vietnam?

by BichNgoc
written by BichNgoc

Currently, many people participate in traffic but do not understand clearly about lanes. For example, cars allowed to enter the truck lanes? This leads to many consequences such as: traffic jams, traffic accidents, etc. Together with LSX Lawfirm find out the problem: “Can a car enter the truck lane in Vietnam?” Read the article below to update more legal knowledge.

  • Road Traffic Law 2008

Can a car enter the truck lane?

When traveling on the road, it is very important to stay in the right lane. People need to actively learn, update and comply with the law to ensure their own safety when participating in traffic.

Article 13 of the Road Traffic Law (2008) provides as follows:

Lane markings applied on the road segment for vehicles traveling in the same direction, vehicle drivers need to keep away from within a one-lane area and only move to another lane where permitted.

When the vehicle changes to another lane, it is necessary to give a turn signal and an alarm to let the vehicles behind slow down and give way to ensure safety.

For one-way roads using lane markings, the order of travel is:

The rudimentary vehicle must travel on the innermost right lane.
The left side is for motor vehicles and specialized motorbikes.
Vehicles participating in road traffic moving at low speed should go to the right.
The right way to go in the right lane for cars and other vehicles lies in the fact that the driver needs to know the lane according to his regulations and other vehicles, combine with the system, guide the signs, obey a seriously.

According to regulations, when vehicles move on roads with separated lanes, passenger cars must follow their own part of the road and must not encroach on the lanes of other vehicles, including the truck lanes. However, there will be exceptions for priority vehicles.

Lane sign for cars in Vietnam

According to Circular 06/2016/TT – BGTVT dated April 8, 2016, Section G.1, Appendix G QCVN 41 2016/BGTVT promulgates the following regulations:

Solid white line: A type of white line, used to distinguish between motorized and non-motorized lanes, the outer limit of the road applied to vehicles participating in traffic. White lines drawn at the beginning of the road to guide the vehicle to move or stop.

Currently, there are two common types of signs to help guide cars in lanes: signs on long gate racks and signs placed on support posts.

Signboards placed at support posts will usually placed on roads for the purpose of instructing and reminding traffic participants to check their lanes.

You can also refer to the article about Where to buy compulsory car insurance in Vietnam?; Responsibility of car owner when driver cause accident in Vietnam or Responsibility of car owner when driver cause accident in Vietnam.

For 3-lane or 4-lane roads, there will be specific signs indicating:

The first lane, the farthest left-hand side: Regulation of a lane for cars only.
The second lane, from the car lane: Regulations allow cars and motorbikes to move.
The 3rd and 4th lanes, the lane from the right side of the road: Regulations allow motorbikes and rudimentary vehicles to move.
Meanwhile, the signposts installed on the Long Mon rack arranged at the beginning of each route. At a high position for the driver to easily observe.

In general, the signboards help road users to identify the correct lane in accordance with the provisions of the Traffic Safety Law, to avoid making unfortunate violations.

Car lane mistakes are easy to make in Vietnam

Some of the violations that cars often make when traveling on the road include:

Changing multiple lanes at the same time
Drivers should move lanes in order, limit changing lanes, help vehicles behind to understand your moving intentions. And proactively handle in unexpected changing situations.

Wrong lane error
It is one of the most common mistakes of cars when participating in traffic, especially when traveling on urban roads. The current fine according to regulations is from VND 800,000 to VND 1,200,000.

In addition

The car owner may also deprived of the right to use the license for 1-3 months.

Violation of instructions on signs and signals
When coming to intersections, car owners often park in the lane marked with the left or right turn. But then let the car move straight or vice versa. The driver will park in the lane for the car to go straight but eventually the car turns left or right again. The fine for this error is from 100,000 to 200,000 VND.

Error changing lane without turn signal
When driving, car owners often lose focus and forget to turn signals when changing lanes. The current fine for this error is from 300,000 to 400,000 VND.

Wrong turn of the vehicle in the pedestrian-only lane area

Junctions are common turning points in pedestrian lanes. The prescribed fine is from 300,000 to 500,000 VND.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Can a car enter the truck lane in Vietnam? ”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

Related questions

Are cars allowed to travel on the truck lanes?

At QCVN41: 2012/BGTVT, Appendix E (Meaning – use of signposts), the number plate 412 (a, b, c, d) about the lane reserved for each vehicle type stipulates: “To guide the Drivers who know that there are separate lanes for each type of vehicle must place the number plate 421 (a,b,c,d) “a dedicated lane for each type of vehicle”. The sign is placed above the lane, at the beginning of the road in the direction of traffic. Depending on the type of vehicle, it is necessary to arrange the sea accordingly. Other vehicles are not allowed to enter the lane with this sign (except for vehicles with the right of priority according to regulations).

Regulations on the case of prohibiting overtaking

Pursuant to Clause 5, Article 14 of the Law on Road Traffic 2008, the following cases are prohibited:
“5. Do not pass a vehicle in any of the following cases:
a) Failing to satisfy the conditions specified in Clause 2 of this Article;
b) On a narrow bridge with one lane;
c) Detours, slopes and locations with limited visibility;
d) At intersections, roads intersect at the same level with railways;
dd) When weather or road conditions are not safe for overtaking;
e) The vehicle with the right-of-way is sending a priority signal to go on a mission.”
Thus, according to the above regulations, if you pass a vehicle in a pedestrian tunnel, if it is not safe to pass, it will still be determined as a violation.

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Truck lanes in Vietnam
Legal service

Truck lanes in Vietnam

by BichNgoc
written by BichNgoc

Currently, vehicles when traveling on the road must follow the prescribed lane. In case you want to turn to another direction, you must signal and be safe enough to change lanes to follow the route you want. If you go in the wrong lane, do not comply with the law on traffic safety, you will be severely handled. So which lane does the truck go? Follow the article below of LSX Lawfirm for more information! LSX Lawfirm will give you an article about: “Truck lanes in Vietnam”, as follows:

  • Road Traffic Law 2008

What is a lane? Lanes and road sections

According to Clause 6, Article 3 of the Law on Road Traffic 2008, defines: “The part of the roadway is the part of the roadway used for passing vehicles”.

The concept of lane is defined in Clause 7, Article 3 of the Law on Road Traffic 2008 that: “A lane is a part of the longitudinally divided portion of the roadway. There is enough width for the vehicle to run safely.”

Thus, we can understand that the main road is a section of road for vehicles to pass through. And on the road part may be divided into 1 or more lanes. Between lanes are demarcated by road markings. Each lane will be for only one or certain types of traffic.

Lane for trucks according to regulations

Cargo trucks are one of the most popular vehicles today. Along with that is the diversity of many other types of transport. Create a diversity of road traffic across the country.

Therefore, the division of lanes to create a suitable traffic between vehicles is inevitable. Especially on major roads, there are many vehicles passing by. So specifically, how is the lane for trucks regulated by the Ministry of Transport?

Which lane is the truck in?

There will probably be many truckers who already know this. But surely there will still be some people who do not really understand the problem of driving in the correct lane. Therefore, to be able to understand this rule. Then you definitely need to understand correctly about the truck lane in the moving part

As we said above, the road section will consist of one or more lanes. Divide by type of means of transport. That is, at each different road section, the lane may also have a different division.

Therefore, truck drivers in particular and road users when traveling on any road. Be sure to pay attention to those signs. To be able to determine the most correct lane of your movement according to the regulations. And do not move into any other lanes

Road signs for trucks

Signage number: R.412c
Name of the sign: Lane for trucks
A truck lane sign is a sign indicating to drivers that there is a dedicated lane for trucks.

Usually, the sign will be placed at the beginning of the road in the direction of the truck as we said above. And when seeing this sign, other vehicles are not allowed to enter the lane with the truck’s sign. Except for vehicles with the right of way under the Road Traffic Law.

How are lane mistakes penalized?

In addition to the error of missing required documents when driving a truck. Vehicles going in the wrong lane are one of the most common mistakes that drivers make today. That is why the penalty for violation is also a matter of concern and search for many people

Therefore, the following will be detailed regulations on penalties for trucks going in the wrong lane. Definitely drivers should know and understand

How much is the penalty for a truck going in the wrong lane?

If before, cars going in the wrong lane will be fined from 800,000 to 1,200,000 VND. Today, this penalty has been significantly increased

According to the latest regulations, when cars go in the wrong lane, they will be fined from 3 million to 5 million dong and have their driver’s license revoked from 01 to 03 months.

In addition, in the case of cars going in the wrong lane, the road part causes traffic accidents. Then, they will be fined from 10 to 12 million dong and have their driver’s license revoked from 2 to 4 months.

One of the rules that everyone needs to pay special attention to. When a car driver wants to change lanes, he must have a warning signal in advance. At the same time ensure the safety of vehicles in traffic

You can also refer to the article about Stopping at a red light in the left turn lane according to Vietnamese law; Mistakes vehicle owners should avoid when moving into ETC lanes in Vietnam

Change lanes without warning

The error of changing lanes without signaling is also one of the most common violations today. And regulations on sanctioning this violation will be divided into 3 levels as follows:
Level 1: A fine ranging from VND 400,000 to VND 600,000. For drivers who change lanes in the wrong places or without giving a warning signal
Level 2: A fine ranging from VND 800,000 to VND 1,000,000. For the driver of the vehicle Changing direction does not slow down or there is no turn signal. Except for the case of driving the vehicle in the curved direction of the road section where the road does not intersect at the same level
Level 3: A fine of from VND 3,000,000 to VND 5,000,000 and deprivation of the right to use the driving license from 1 month to 3 months. For drivers who change lanes at the wrong places or without warning signals before running on the highway
Note, In case of changing lanes at the wrong place or without warning signals before running on the highway, causing traffic accidents. The right to use the driving license will be revoked from 02 months to 04 months.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Truck lanes in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

Related questions

What are the regulations on lanes?

– On a road with multiple lanes for vehicles traveling in the same direction separated by lane markings, the vehicle operator must allow the vehicle to travel in one lane and only change lanes where permitted; When changing lanes, there must be a warning signal and safety must be ensured.
– On a one-way road with lane markings, rudimentary vehicles must travel on the innermost right lane, motor vehicles and special-use motorcycles travel on the left lane.
Vehicles participating in road traffic moving at a lower speed must go to the right.

How many types of lanes are there?

Currently, according to the regulations of the Ministry of Transport, road lanes are divided according to each type of vehicle involved. In which, including: Lanes for trucks, cars, passenger cars, lanes for motorbikes, rudimentary vehicles, etc.
And usually, between the lanes there will be two familiar types of road markings to delineate as follows:
Broken white line: This is the line drawn vertically. It has the effect of dividing lanes. In the case of a line at the beginning of the road, it has the effect of guiding the vehicle to the right route.
Solid white line: This is also the vertical line used to separate the lanes with motor vehicles and the lanes without engines. Or this line can also be used to specify the outer limit of the road reserved for vehicles. In case the line at the beginning of the road has the effect of guiding the vehicle to run or stop.

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Employer's management rights in Vietnam
Legal service

Employer’s management rights in Vietnam

by BichNgoc
written by BichNgoc

A worker, employee, employee, craftsman or worker who is salaried, who contributes labor and expertise in an effort to produce a product for an employer (employer) and are often hired with a contract of work (agreement) to perform specific tasks that are encapsulated into a job or function. Today, LSX Lawfirm will give you an article about: “Employer’s management rights in Vietnam”, as follows:

  • Labor Code 2019

The concept of labor management rights

The concept of labor management rights
The right to manage labor is an indispensable right in the process of maintaining the labor relationship in particular and in the production and business process in general. Only the employer has this right. In the labor field in general and in the legal field in particular. The labor management rights of the employer considered under different aspects:

Firstly, from the socio-economic aspect, the right to manage labor is subjective. It is the form of power used in the labor process by the employer. For employers, this right is both a means to help them maintain order in the labor process and a basis for affirming their strengths.

Secondly, the right to manage labor considered a system of legal provisions on the rights of employers to help them maintain the order of the working process. In this respect, the employer’s right to manage labor is objective.

Contents of the employer’s labor management rights

The right to manage labor is an integrated power, including many different activities. Specifically, the contents of labor management rights include:

Right to select, arrange and arrange labor.


Recruitment is the first step in recruitment activities. During the labor selection process, the employer has begun to use and promote the advantage of power. Employers have the right to unilaterally decide whether or not to accept employees. Moreover, in other stages of the labor selection process, the employer must also use management rights. Therefore, it understood that the selection of labor is the first stage, an important premise to create conditions and actually created the situation of labor management.

You can also refer to the article about Rights and obligations of employees and employers in accordance with the laws of Vietnam; Employer’s right to unilaterally terminate the labor contract in accordance with Vietnamese law

In addition

When receiving employees, the employer has the right to arrange and arrange work. Usually, the employment contract only refers to the type of work that the employee will undertake. Specific work arranged by the employer depending on the requirements of production, business and the ability of each person. For example, the labor contract stipulates the working position of the employee who is a salesperson. But specific issues such as what product the employee will be in charge of. Which customer group or location decided by the employer. In addition, the arrangement of labor also expressed in another form. Which is the case of transferring employees to do other jobs than their current jobs.

The right to promulgate rules and regulations, to issue orders and decisions

One of the clearest and most profound manifestations of the right to manage labor is the right to promulgate rules, regulations. And make decisions to manage the production. And business process or perform jobs according to the functions of the employer. employer identified. Promulgating internal regulations is the legal basis for the employer to exercise the right to manage labor. In certain cases, the promulgation of labor regulations prescribed as a mandatory obligation. Before the State (Clause 1, Article 119 of the Labor Code 2019). However, not all employers employ up to 10 employees, so the State does not require such units to have internal labor regulations. Therefore, in this case, the employer can (have the right) to use other means to create a legal basis to maintain the general order of its unit.

In addition

During the working process, the employer will make specific requirements and instructions suitable for each job through orders and decisions. In addition, the employer also has the right to evaluate the performance of the employee. Evaluation of work efficiency is both a basis for employers to find solutions to improve the working efficiency of employees, as well as a basis for employers to make reasonable decisions in many issues such as layout , labor transfer, salary increase, reward, disciplinary action, etc. However, the orders and decisions of the employer must be within the framework of the law. Therefore, employees have the right to refuse to comply with illegal orders.

Right to organize and operate activities

When it comes to the organization and management of production and business activities or the performance of the work of the employer unit, it is the act of direct instruction of the employer. The act of directing and administering is also indirect, through the activities of subordinates with certain powers assigned by the employer (for example, general director, director, department heads, etc.) , ban, …) by way of decentralization or contract.

Right of inspection and supervision

Inspection and supervision is an important content of labor management rights. The process of labor management requires not only the promulgation of rules or directives, but also the inspection and evaluation of the employee’s performance of obligations. It will not be possible to maintain normal compliance with the rules without monitoring the working process of employees. The inspection and supervision carried out through the inspection and supervision mechanism set by the employer. At the same time, the inspection and supervision process must comply with the principles and measures implemented through the operation of departments or individuals with the function of labor inspection and supervision. Employers rely on the results of those departments and individuals to make appropriate decisions to maintain and stabilize order at the workplace and in the entire working process.

Right to handle violations of labor discipline

Handling of violations is the most obvious and strongest demonstration of the unilateral power of the employer. Violation handling creates advantages, demonstrating the positivity to the labor management process. The regulations issued by the employer as well as the executive orders they give can hardly guaranteed implemented in practice if the employer does not have the right to handle violations of the employee. Usually, the discipline is to help employees correct their shortcomings, prevent other disciplinary violations and ensure the efficiency of production and business activities. An employee will have to be more cautious knowing that the employer is monitoring his or her work process. The employee will also consider his/her behavior knowing that if he/she violates the code of conduct set by the employer, he/she may suffer adverse consequences from that employer’s handling of the violation related to Employer’s management rights in Vietnam.

In addition

However, in addition to recognition, the law also sets certain limits to prevent employers from abusing this power and making arbitrary, arbitrary, unjust or harsh disciplinary decisions. . The right to disciplinary action limited to the following: The law requires the employer to inform the employee of the acts considered as a violation of discipline and the legal consequences of the performance of such acts; in the employee’s behaviors closely related to the labor relations; regulations on procedures and evidence, etc. When there is a violation of discipline and is at fault for the occurrence of such violation, the employee disciplined. At the same time, when disciplining an employer, it grounded and must comply with the principles and procedures prescribed by the labor law. Currently, according to Article 125 of the Labor Code in 2019, an employer can apply one of three forms of labor discipline, including: reprimand; Extend the time limit for salary increase to no more than 6 months or transfer to another job with lower salary for a maximum period of 6 months or remove from office; Dismissal.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Employer’s management rights in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

Related questions Employer’s management rights in Vietnam

What is the basis of labor management rights?

The employer’s right to manage labor arises from the following bases:
– Derived from the principles of cybernetics and the science of systems
– Derived from property rights, ownership rights, and property management rights.
– Then Derived from the requirement to control the labor transfer process of employees.
– Then Derived from the goals of productivity, quality and efficiency of the production, business and operation organization of the employer.
Derived from the rule of law.

What are the characteristics of the right to manage labor according to current regulations?

Discuss, discuss with others who have the right to choose the method by themselves:
First, the right to manage labor is a unilateral power. Employers are not responsible for optimal management for work efficiency. However, the employer can still consult around to decide or compromise while making a decision.
Second, the employer has comprehensive control over the general activities as well as the behavior of each employee in different ways and methods.
Third, employers are entitled to apply various methods, including legal responsibilities, to ensure the effective exercise of power.
Fourth, the right to manage labor is administrative. When it comes to management, it is necessary to refer to the authority, subject, measures, procedures, means, objects, space, time, … related to the behavior and management process.
Fifth, the right to manage labor is a limited power. The right to manage labor is only within the scope of the employer unit and cannot cross that boundary, both in terms of geography, political, social and legal status.

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Minimum amount of fire insurance in 2022 in Vietnam
Legal service

Minimum amount of fire insurance in 2022 in Vietnam

by BichNgoc
written by BichNgoc

Fire and explosion insurance is a type of insurance that compensates customers and businesses for loss or damage caused by fire and explosion. When participating in this type of insurance, participants insured for protection of people and property, support for construction and repair costs. In addition, customers participating in compulsory fire and explosion insurance can also protect their property and neighbors, the insurance company will support costs in case of fire and explosion, making customers unable to live. inside and cannot use the property. Find out the minimum fire and explosion insurance amount in 2022 with us through the article below. LSX Lawfirm will give you an article about: “Minimum amount of fire insurance in 2022 in Vietnam”, as follows:

  • Decree No. 97/2021/ND-CP

Fire insurance in Vietnam


So, Principles of participation in compulsory fire and explosion insurance

– Firstly Agencies, organizations and individuals at risk of fire and explosion (hereinafter referred to as “insurance buyer”) must purchase compulsory fire and explosion insurance at insurance enterprises engaged in fire insurance business. , explode in accordance with the law.

– Secondly, the insurance buyer and the insurance enterprise shall deploy compulsory fire and explosion insurance according to the conditions, insurance premium rates and minimum insurance amount as prescribed.

In addition to participating in compulsory fire and explosion insurance according to the conditions, premium rates, and minimum insurance amounts as prescribed, the insurance buyer and the insurance enterprise can agree in the insurance contract on the opening of the insurance policy. conditions of insurance, the sum insured and the corresponding additional premium. In this case, the insurance enterprise is responsible for separating the compulsory fire and explosion insurance part in the insurance contract.

The insurer has the right to refuse to sell compulsory fire and explosion insurance in the following cases:

  • The facility has not test and accepted for fire prevention and fighting in accordance with the law.
  • The establishment does not have a record of safety inspection on fire prevention and fighting from the Fire Prevention and Fighting Police agency or the inspection record has been older than 01 year from the time of preparation to the time of purchase of fire and explosion insurance. tie.
  • The establishment temporarily suspended or suspended from operation due to violations of regulations on fire prevention and fighting.
  • Then the insurance buyer may include the cost of buying compulsory fire and explosion insurance into the cost of products and services (for production and business establishments) or into recurrent expenditures (for state administrative agencies). public service units, socio-political organizations and other organizations).
  • So encourage agencies, organizations and individuals not required to purchase compulsory fire and explosion insurance under the provisions of this Decree to purchase fire and explosion insurance on the basis of agreements with insurers and in accordance with the provisions of this Decree. in accordance with the law.

Minimum amount of fire and explosion insurance in 2022

The compulsory fire and explosion insurance premium rates are specified in Section I, Appendix I issued with Decree 97/2021/ND-CP (replacing Appendix II issued together with Decree 23/2018/ND-CP).

This fee is applicable to establishments having fire and explosion hazards as prescribed: Agencies, organizations and individuals whose establishments are at risk of fire and explosion in accordance with the law on fire prevention and fighting on fire.

The premium rate determined by the minimum coverage multiplied by (x) the premium rate.

In which, the insurance premium rate/year has some changes, for example:

So Cinema (score 5.2): 0.1% (currently 0.15% (score 3.2));
Then Establishments producing, trading, preserving and using industrial explosives (clause 14): 0.5% (currently 0.35% (clause 12));
Thermal power plants (point 17.1): 0.15% (currently 0.1% (point 15.1));
Then Hydropower plants and some other power plants (point 17.2): 0.12% (currently at 0.07% (point 15.2));
Subway works (clause 12): 0.1% and 0.12%;
Air traffic control tower (point 12.3): 0.08%;…
So, according to Decree 97/2021/ND-CP, for facilities at risk of fire and explosion with a total insured sum of assets at one location from 1,000 billion VND or more (except for nuclear facilities): The insurance enterprise and the insurance buyer agree on the premium rate on the basis of the approval of the reinsurer. In all cases, the insurance premium must not be lower than the insurance premium corresponding to 1,000 billion VND multiplied by (x) the premium rate specified in Clause 1, Section I, Appendix I issued together with this Decree.” .

For nuclear facilities: The insurer and the insurance buyer agree on the premium rate on the basis of the approval of the reinsurer.

Decree 97/2021/ND-CP supplements regulations on certificates of compulsory fire and explosion insurance. Accordingly, the insurance enterprise must issue the compulsory fire and explosion insurance certificate to the insurance buyer.

The compulsory fire and explosion insurance certificate designed by the insurance enterprise proactively and must include the following contents:

a) Name and address of the insurance enterprise, the insurance buyer, the insured person;
b) Belongs to the list of establishments (specify which establishments are on the list of establishments having fire and explosion hazards according to the provisions of law on fire prevention and fighting);
c) Address of the insured property;
d) Insured property;
dd) Amount of insurance;
e) Insurance deductible;
g) The insurance period;
h) Rate of insurance premiums and premiums;
i) Name, address, telephone number of the insurance company’s hotline;
k) Date, month and year of issuance of the Certificate of Insurance.
In case of granting an electronic insurance certificate, the insurance enterprise must comply with the provisions of the Law on Electronic Transactions and guiding documents; The electronic insurance certificate must fully comply with current regulations and fully reflect the above provisions.

You can also refer to the article related to What are fire prevention and fighting records under Vietnam law?; How to look up fire safety certificate in Vietnam; Regulations on fire and explosion insurance in Vietnam

Revenues from compulsory fire and explosion insurance for fire prevention and fighting activities

Revenues from compulsory fire and explosion insurance for fire prevention and fighting activities used as follows:

a) Support to equip fire prevention and fighting means and equipment for the fire prevention and fighting police force. Expenditure on this content does not exceed 65% of the actual amount obtained from compulsory fire and explosion insurance of insurance enterprises in the fiscal year.

b) Support in propagating and disseminating laws, knowledge of fire prevention and fighting and compulsory fire and explosion insurance. Expenses for this content must not exceed 15% of the actual amount obtained from compulsory fire and explosion insurance of insurance enterprises in the fiscal year.

c) Support the Fire Prevention and Fighting Police force in the following activities: Investigate the cause of the fire; professional training, safety inspection on fire prevention and fighting; supervise the participation in compulsory fire and explosion insurance of establishments at risk of fire and explosion. Expenses for this content must not exceed 15% of the actual amount obtained from compulsory fire and explosion insurance of insurance enterprises in the fiscal year.

In addition

Support and reward achievements of organizations and individuals directly participating in and coordinating in fire prevention and fighting. Expenses for this content must not exceed 5% of the actual amount obtained from compulsory fire and explosion insurance of insurance enterprises in the fiscal year.

The Decree also adds regulations on responsibilities of agencies, organizations and individuals whose premises are at risk of fire and explosion. Specifically, these agencies, organizations and individuals are responsible for determining fire and explosion hazard classes A, B, C, D, E of industrial production establishments for establishments having fire hazards, explosion in accordance with the law on fire prevention and fighting.

The Ministry of Public Security is responsible for recording the fire and explosion hazard classes for industrial establishments with fire and explosion hazard classes A, B, C, D, E in the minutes of acceptance or inspection of fire safety. and fire fighting on the basis of determination of fire and explosion hazard class of agencies, organizations and individuals having establishments having fire and explosion danger.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Minimum amount of fire insurance in 2022 in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

Related questions

Fire and explosion insurance coverage

The insurance enterprise shall pay indemnification for damage caused to the insured object arising from the risk of fire and explosion, except for cases where insurance liability is excluded.

Compulsory fire and explosion insurance

The subject of compulsory fire and explosion insurance is the entire property of the establishment that is at risk of fire and explosion, including:
Houses, works and assets attached to houses and works; devices.
– Goods and supplies (including raw materials, semi-finished products, finished products).
The subject-matter insured and the location of the subject-matter insured must be clearly stated in the insurance contract and the Certificate of Insurance.

Exclusions from fire insurance liability

In case of fire and explosion hazard, the insurance will not be compensated for damage as follows:
Natural fluctuations such as earthquakes, tsunamis, volcanic eruptions, etc.
The property is decided to burn or explode according to the decision of the competent state agencies.
– Events on security, defense, politics and social order and safety.
Was struck by lightning but did not cause an explosion.
Prohibited materials cause explosion.
– Activities that intentionally cause fire or explosion of the insured, over-capacity of the equipment.
– Damage to data, software in the computer.
– Damage caused by burning forests, weeds, burning bushes and activities with the purpose of clearing the land area.

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Regulations on fire and explosion insurance in Vietnam
Legal service

Regulations on fire and explosion insurance in Vietnam

by BichNgoc
written by BichNgoc

Decree 97/2021/ND-CP issued on November 8, 2021 amending Decree 23/2018/ND-CP dated February 23, 2018 on regulations on compulsory fire and explosion insurance. To better understand the contents specified in Decree 22/2022/ND-CP. In this decree, readers can better understand the certificate of fire and explosion at organizations, enterprises, fire insurance premiums, etc. LSX Lawfirm will give you an article about: “Regulations on fire and explosion insurance in Vietnam”, as follows:

  • Decree No. 97/2021/ND-CP

Summary of Decree 97 on compulsory fire and explosion insurance in Vietnam

On November 8, 2021, the Government issued Decree 97/2021/ND-CP amending Decree 23/2018/ND-CP dated February 23, 2018 on compulsory fire and explosion insurance.
Accordingly, regulations on compulsory fire and explosion insurance certificate (GCN) are as follows:

  • The insurance enterprise must issue the compulsory fire and explosion insurance certificate to the insurance buyer.
  • The compulsory fire and explosion insurance certificate actively designed by the insurance enterprise and must include the following contents:
  • Name and address of insurance enterprise, insurance buyer, insured person;
  • Belongs to the list of establishments (specify which establishments are on the list of establishments with fire and explosion hazards according to the law on fire prevention and fighting);
  • Address of the insured property;
  • Insured property;
  • Insurance money;
  • Insurance deductible;
  • Duration of insurance;
  • Rate of premium, premium;
  • Name, address, telephone number of the insurance company’s hotline; (New content added)
  • Date, month and year of issuance of insurance certificate.
  • In case of issuance of an electronic insurance certificate, the insurance enterprise must comply with the provisions of the Law on Electronic Transactions and guiding documents;

The electronic insurance certificate must fully comply with current regulations and fully reflect the above contents.

Thus, instead of applying the form of compulsory fire and explosion insurance certificate according to Appendix I of Decree 23/2018/ND-CP, the insurer will be able to actively design this certificate.

What is Decree 97 on compulsory fire and explosion insurance?

In this Decree, the compulsory fire and explosion insurance premium rates amended and supplemented corresponding to each list of establishments at risk of fire and explosion to be consistent with the list of establishments at risk of fire and explosion specified in Appendix II issued together with Decree No. 136/2020/ND-CP.

At the same time, the regulation added that insurers must issue certificates of compulsory fire and explosion insurance so that competent police agencies can facilitate the inspection process; at the same time, supplement regulations on issuing compulsory electronic fire and explosion insurance certificates to meet the trend of the industrial revolution 4.0.

You can also refer to the article related to What are fire prevention and fighting records under Vietnam law?; How to look up fire safety certificate in Vietnam

In addition

The new decree also revised the expenditure ratio from the revenue from compulsory fire; and explosion insurance for fire prevention; and fighting activities to increase investment in equipment and facilities for fire prevention and fighting activities. fire fighting. Accordingly, increasing the proportion of spending on supporting equipment and means of fire prevention; and fighting from 40% to 65%; reduce the rate of spending on propaganda, supporting investigation into the cause of the fire, checking the safety of fire prevention and fighting, and rewarding fire prevention and fighting work from 60% to 35%.

In addition

Decree 97 has supplemented regulations on the responsibilities of agencies, organizations and individuals whose premises are at risk of fire and explosion and the responsibility of the Ministry of Public Security in recording fire and explosion hazard class A, B, C, D, E of the industrial production facility to help the insurer and the insurance buyer have a clearer basis in determining the premium rate, creating a consensus on understanding and assurance. ensure the similarity of insurance premiums between insurance contracts, avoid disputes during the implementation of compulsory fire and explosion insurance.

Fire insurance in Vietnam

Principles of participation in compulsory fire and explosion insurance

– Agencies, organizations and individuals at risk of fire and explosion (hereinafter referred to as “insurance buyer”) must purchase compulsory fire. And explosion insurance at insurance enterprises engaged in fire insurance business. , explode in accordance with the law.

– The insurance buyer and the insurance enterprise shall deploy compulsory fire. And explosion insurance according to the conditions, insurance premium rates and minimum insurance amount as prescribed.

In addition to participating in compulsory fire and explosion insurance according to the conditions, premium rates. And minimum insurance amounts as prescribed, the insurance buyer and the insurance enterprise can agree in the insurance contract on the opening of the insurance policy. conditions of insurance, the sum insured and the corresponding additional premium. In this case, the insurance enterprise is responsible for separating the compulsory fire and explosion insurance part in the insurance contract.

The insurer has the right to refuse to sell compulsory fire and explosion insurance in the following cases:

  • The facility has not tested and accepted for fire prevention and fighting in accordance with the law.
  • The establishment does not have a record of safety inspection on fire prevention and fighting from the Fire Prevention and Fighting Police agency or the inspection record has been older than 01 year from the time of preparation to the time of purchase of fire and explosion insurance. tie.
  • The establishment temporarily suspended or suspended from operation due to violations of regulations on fire prevention and fighting.
  • The insurance buyer may include the cost of buying compulsory fire and explosion insurance into the cost of products and services (for production and business establishments) or into recurrent expenditures (for state administrative agencies). public service units, socio-political organizations and other organizations).
  • Encourage agencies, organizations and individuals not required to purchase compulsory fire and explosion insurance under the provisions of this Decree to purchase fire and explosion insurance on the basis of agreements with insurers and in accordance with the provisions of this Decree. in accordance with the law.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Regulations on fire and explosion insurance in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

Related questions

If I don’t buy compulsory fire insurance, how much will I be fined?

Decree 144/2021/ND-CP stipulates a fine ranging from VND 30 million to VND 40 million for establishments that are required to buy fire and explosion insurance but do not purchase it as prescribed for individuals. As for organizations, the fine is over 2 times.

What is compulsory fire insurance?

Compulsory fire and explosion insurance is a type of property insurance issued by a licensed insurance business in the form of a certificate or insurance contract. Accordingly, the insurer is responsible for indemnification for property damage when a fire or explosion event occurs.

Which establishments are required to buy fire insurance?

Decree 97/2021/ND-CP stipulates that agencies, organizations and individuals whose premises are at risk of fire and explosion in accordance with the law on fire prevention and fighting are required to purchase fire insurance. Accordingly, the following establishments are required to purchase fire and explosion insurance (the establishments with fire and explosion hazards are specified in Appendix II of Decree 136/2020/ND-CP)

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Cases that cannot be arranged for resettlement in Vietnam
Legal service

Cases that cannot be arranged for resettlement in Vietnam

by BichNgoc
written by BichNgoc

LSX Lawfirm will give you an article about: “Cases that cannot arrange for resettlement in Vietnam”, as follows:

Land Law 2013

Decree 47/2014/ND-CP

Resettlement

So, Resettlement is a form of State compensation for land when land recovered to help people have a stable and long life. Resettlement is a form of support, helping people partly when their current jobs changed, or their family’s living and working process changes when the State recovers land.

And Resettlement here understood to include:

Plans for arrangement of accommodation (on-site resettlement; or resettlement at another location – where land compensated);

And support resettlement in case of recovery of residential land of households; individuals, Vietnamese residing abroad but having to relocate.

Conditions to receive resettlement assistance from the State?

Firstly

Pursuant to Article 75 of the 2013 Land Law, the conditions for receiving resettlement assistance from the State are:

Households and individuals that are using land other than land with annual rental payment, have a certificate of land use right, a certificate of house ownership and residential land use right, and a certificate of land use right. land use rights, ownership of houses and other land-attached assets (hereinafter collectively referred to as Certificates) or are eligible for a Certificate of land use rights and ownership of houses and assets. other land-attached assets as prescribed in this Law that have not yet granted, except for the case specified in Clause 2, Article 77 of this Law; overseas Vietnamese who are eligible to own houses associated with residential land use rights in Vietnam and have a Certificate or are eligible for a Certificate of land use right or ownership houses and other properties attached to land according to the provisions of this Law which have not yet granted.

Communities, religious and belief establishments are using land not land allocated or leased by the State and have a Certificate or eligible a Certificate of land use right to own houses and other land-attached assets according to the provisions of this Law but have not yet granted.

Secondly

Overseas Vietnamese allocated land by the State with collection of land use levy or leased land with one-off rental payment for the entire lease period; receive the transfer of land use rights in industrial parks, industrial clusters, export processing zones, high-tech zones, economic zones, have a Certificate or are eligible for a Certificate of land use right, ownership own houses and other land-attached assets as prescribed in this Law that have not yet granted

Organizations allocated land by the State with the collection of land use levy or leased land with one-off rental payment for the entire lease period; receive the inheritance of land use rights, receive the transfer of land use rights but the paid land use levy or the paid transfer money does not originate from the state budget, has a certificate or is eligible for grant Certificates of land use rights and ownership of houses and other land-attached assets under the provisions of this Law have not issued yet.

Thirdly

Foreign organizations with diplomatic functions leased land by the State with one-off rental payment for the entire lease period and have a Certificate or are eligible for a Certificate of land use rights and house ownership and other properties attached to land as prescribed in this Law that have not yet granted.

Economic organizations, overseas Vietnamese, foreign-invested enterprises allocated land by the State with the collection of land use levy to implement investment projects on construction of houses for sale or combined sale; lease land with one-off rental payment for the entire lease period, have a Certificate or are eligible for a Certificate of land use rights, ownership of houses and other land-attached assets as prescribed by law. This law has not yet granted.

Principles of resettlement arrangement for people whose residential land recovered

Provisions in Article 86 of the 2013 Land Law, resettlement arrangements for people whose residential land recovered but must move prescribed as follows:

The organization in charge of compensation and ground clearance assigned by the People’s Committee of the province or district to the People’s Committee of the district responsible for arranging resettlement must notify the person whose residential land recovered and subject to relocation. the proposed resettlement plan and publicly post it for at least 15 days at the headquarters of the commune-level People’s Committee, the common living place of the residential area where the recovered land is located, and at the place of resettlement. resettlement before the competent state agency approves the plan for resettlement arrangement.

So

The notice shall include location, size of land fund, fund of resettlement houses, design, area of ​​each land lot, apartment, land price, and price of resettlement house; plan to arrange resettlement for people whose land recovered.

Persons whose land recovered arranged for on-site resettlement if there is a resettlement project in the land recovery area or there are conditions for arranging resettlement. Priority given to a convenient location for those whose land recovered early to hand over the ground, and the person whose land recovered is a person with meritorious services to the revolution.

The approved resettlement arrangement plan publicly announced at the headquarters of the commune-level People’s Committee, the common living place of the residential area where the recovered land located, and at the resettlement site.

The specific land price for calculation of land use levy at the resettlement place and the selling price of resettlement houses decided by the People’s Committee of the province.

In case the person whose land recovered arranged resettled but the compensation and support money not enough to buy a minimum settlement, the State will support enough money to buy a minimum resettlement rate

In case of resettlement arrangement when the State recovers land

According to the provisions of Point b, Clause 1, Article 6 of Decree 47/2014/ND-CP, compensation for land when the State recovers residential land is as follows:

Households and individuals currently using residential land, overseas Vietnamese owning houses associated with land use rights in Vietnam when the State recovers residential land but have a certificate of land use right land or are eligible a certificate of land use rights and ownership of houses and other land-attached assets in accordance with the law on land, the compensation for land made as follows:

In case all residential land recovered or the remaining residential land area after recovery ineligible for living as prescribed by the provincial People’s Committee, but the household or individual no longer has any other residential land or houses. Then, in the area of ​​communes, wards or townships where the recovered residential land, they compensated with residential land or resettlement houses;

So

in case all residential land recovered or the remaining residential land area after recovery is ineligible for habitation as prescribed by the provincial-level People’s Committee, but the household or individual still has residential land or other houses in the locality. Communes, wards or townships where the recovered residential land located compensated in cash. For localities with conditions on residential land funds, they considered for compensation in residential land.

Related article: Authorization contract to buy and sell apartments in Vietnam

Buy and sell apartments needs notarization of contracts in Vietnam

Related questions

How does the State formulate and implement resettlement projects?

The State shall formulate and implement resettlement projects as follows:
– The People’s Committee of the province and the People’s Committee of the district shall organize the formulation and implementation of the resettlement project before the land is recovered.
– The concentrated resettlement area must build synchronous infrastructure; ensure construction standards and regulations, suitable to the conditions, customs and practices of each region or region.
– The recovery of residential land shall be carried out only after the completion of housing construction; or infrastructure of the resettlement site.

Can I resettle without a household registration book?

According to the provisions of Clauses 1 and 2, Article 74 of the Land Law, when the land is recovered by the State, if the land users fully satisfy the conditions for compensation specified in Article 75 of the Land Law, they shall be compensated for the land. The compensation is made by allocating land with the same use purpose as the recovered land, if there is no land for compensation, it will be compensated in cash according to the specific land price of the recovered land type decided by the provincial People’s Committee. determined at the time of land acquisition decision.
According to the provisions of Clause 1, Article 79 of the Land Law, in case households or individuals are using residential land and are eligible for compensation as prescribed in Article 75 of the Land Law

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Cases that cannot be arranged for resettlement in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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Temporary residence card for foreigners married to Vietnamese
Legal service

Temporary residence card for foreigners married to Vietnamese

by BichNgoc
written by BichNgoc

Currently, the number of foreigners marrying Vietnamese citizens is increasing day by day. Therefore, the demand for temporary residence cards for them to stay long and legally in our country is also increasing. What are the conditions and procedures for applying for a temporary residence card for a foreigner to marry a Vietnamese? LSX Lawfirm will give you an article about: “Temporary residence card for foreigners married to Vietnamese”, as follows:

Find out the legal basis for granting marriage temporary residence cards to foreigners

So, on what basis to determine the issuance of marriage temporary residence cards to foreigners is a question that many people are interested in. Among the many regulations and circulars on temporary residence cards, some establishments can be mentioned:

– Firstly Circular No. 219/2016/TT-BTC stipulating the regime of collection, payment, management and use of fees and charges in the field of exit, entry, transit and residence in Vietnam dated 10/11/ 2016 by the Ministry of Finance.

– Secondly Law No. 47/2014/QH13 on entry, exit, transit and residence of foreigners in Vietnam

– Thirdly, Circular No. 04/2015/TT-BCA stipulating the form of documents related to the entry, exit and residence of foreigners in Vietnam dated January 5, 2015 of the Ministry of Public Security.

Conditions for foreigners marrying Vietnamese granted temporary residence cards

Granted a marriage temporary residence card, a foreigner needs to meet the following conditions:

Their passports must be valid for more than 12 months.

– Foreigners must have a visa currently in use in Vietnam (with symbol TT).

– Foreigners must have a marriage certificate in Vietnam for the case of marriage registration abroad or a certificate of marriage registration in Vietnam. In case of foreign documents, the foreigner must consular legalized and notarized translation of the marriage note).

The duration of the temporary residence card for the marriage of a foreigner with a Vietnamese citizen

Temporary residence cards for foreigners married to Vietnamese citizens bearing the symbol TT are valid for no more than 3 years. During this period, employees have the right to live and work legally in our country.

Details in the application file for a temporary residence card for a foreigner married to a Vietnamese

A complete and valid dossier set includes the following documents:

– Marriage registration certificate of foreigners in Vietnam (notarized copy) or in case they register their marriage abroad, it is necessary to prepare a marriage note in Vietnam (legal copy) consularization).

– Application for guarantee and issuance of temporary residence card for foreigners according to the prescribed Form NA7.

– The application form for temporary residence card for foreigners according to form NA8.

– Original passport and visa of foreigners. In which, their passports must be valid for at least 13 months and their entry visas must be for the right purpose.

In addition

– Vietnamese household registration book of the foreign spouse who is Vietnamese (Notarized copy).

– CCCD/ID of the spouse of a foreigner who is Vietnamese.

– 02 personal photos with standard size 2cm x 3cm.

– Marriage registration certificate (if it issued in a foreign country, the certificate legalized and notarized).

– A declaration of temporary residence or an application for confirmation of temporary residence at the police station of the place of residence.

Steps to apply for a temporary residence card for a foreigner married to a Vietnamese

The procedure for applying for a temporary residence card for marriage is quite simple and is no different from the procedure for applying for an investor or representative office. The steps to apply for a temporary residence card for a foreigner married to a Vietnamese are:

Step 1: Prepare 01 set of documents to apply for a temporary residence card in accordance with the law (as mentioned above).

Step 2: Submit your application between Monday and Saturday morning (except holidays, New Year and Sunday) at one of the following addresses:

– Immigration Office (44-46 Tran Phu, Ba Dinh, Hanoi; 254 Nguyen Trai, District 1, Ho Chi Minh City; 7 Tran Quy Cap, Da Nang City).

– Immigration Department of the police of the province and city directly under the central government.

After the above-mentioned competent authority receives the dossier and checks the legality and content of the dossier, if the foreigner’s application for a temporary residence card is complete and valid, the official receiving the dossier, print and hand over the receipt, schedule the date to return the results. Conversely, if the application is not valid, the officer receiving the application will guide the applicant to supplement and complete the application.

You can also refer to the article about Do students need to register for temporary residence in Vietnam?; Temporary residence card for foreigners in Vietnam.

Step 3

This is the final step in the procedure of applying for a temporary residence card for a person married to a Vietnamese citizen. Foreigners will come to receive the results within 05 working days from the date of application submission. Upon arrival, they need to give a receipt, identity card or passport to the officer who returns the inspection results. If the temporary residence card issued, the foreigner required to pay the fee, sign and receive the temporary residence card (even if it not resolved).

Investors should note about the time to return results: From Monday to Friday every week (except New Year’s Day, Public Holiday and Saturday, Sunday).

Related questions

How much does it cost to apply for temporary residence for students?

Currently, the fee for temporary residence registration varies from region to region is specified in the resolution of the provincial People’s Council.
This regulation is based on the actual situation of the locality and ensures the principle that the fee level for registration of residence in the districts of the city directly under the Central Government or the inner city ward of the city is higher than that of the city for other regions.

What documents are required for temporary residence registration?

According to Clause 1, Article 28 of the Law on Residence 2020, the application for temporary residence registration is as follows:
“Article 28. Dossiers and procedures for temporary residence registration and extension of temporary residence
1. An application for temporary residence registration includes:
a) Declaration of change of residence information; for minors, the declarations must clearly state the consent of the parents or guardians, unless written consent has been obtained;
b) Papers and documents proving lawful residence.”

In which case, the temporary residence registration will be deleted?

Pursuant to the provisions of Article 29 of the Residence Law 2020 as follows:
“Article 29. Deletion of temporary residence registration
1. Persons falling into one of the following circumstances shall have their temporary residence registration removed:
a) Death; there is a court decision declaring him missing or dead;
b) There has been a decision on cancellation of temporary residence registration specified in Article 35 of this Law;
c) Being absent from the temporary residence for 6 months or more without registering for temporary residence at another place of residence;

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Temporary residence card for foreigners married to Vietnamese”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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Legal service

Rights and obligations of seller in a contract of sale of goods in Vietnam

by BichNgoc
written by BichNgoc

In a goods sale and purchase contract, besides the rights and obligations agreed upon by the seller and the buyer, there are also rights and obligations for these parties as prescribed by law. In a goods sale and purchase contract, besides the rights and obligations agreed upon by the seller and the buyer, there are also rights and obligations for these parties as prescribed by law. As we know the rights of one party are the obligations of the other party and vice versa. LSX Lawfirm will give you an article about: “Rights and obligations of the parties in a contract of sale of goods in Vietnam”, as follows:

Law on enterprise 2020

Commercial Law 2005

Rights and obligations of the seller in the goods sale and purchase contract

Obligations of the seller:

Delivery obligation

Delivery to the right object and quality: The seller must deliver the goods to the right object and quality as agreed in the contract and in accordance with the law.

The quality of the goods agreed or determined in different ways: by sample, by simulation, on the basis of standardization, by inspection, etc. The goods must be free from possible defects visible defects at handover (external defects) and defects not immediately visible but can only detected during use (internal defects).

In case it is not possible to clearly determine whether the object of delivered goods is in accordance with the contract or not, according to the provisions of the Commercial Law 2005, goods considered as non-conforming to the contract if they fall under the provisions of the Commercial Law, one of the following cases:

+ Not suitable for the normal use purpose of goods of the same type.

+ Not suitable for any particular purpose that the buyer has told the seller or the seller must have known at the time of concluding the contract.

+ And not preserve, packed in the usual way for that type of goods or not in a way suitable to preserve the goods in the absence of the usual way of preserving such goods.

+ The quality not guaranteed as the quality of goods samples that the seller has delivered to the buyer.

Unless otherwise agreed by the parties, the liability of the parties if the delivered goods not in accordance with the contract decided based on Articles 39 and 41 of the Commercial Law 2005.

Delivery of the correct quantity of goods as agreed in the contract

In case of handing over a smaller quantity, the buyer has the right to either accept that less quantity, or request to hand over the rest (may be accompanied by claim for damages), or to cancel the contract (which may include a claim for damages). The fact that the buyer receives the property in a smaller quantity without any complaints is considered to have accepted the modification of the quantity of goods in the contract.

In case the seller delivers goods in a quantity greater than the quantity agreed upon in the contract, the buyer has the right to refuse to receive the goods on the eve of the New Year’s Eve, the seller must receive back the excess and bear all related costs. If the seller receives excess goods, he must pay for this quantity of goods at the price agreed upon by the parties.

Deliver documents attached to the goods

According to the Commercial Law 2005, if there is an agreement on the delivery of documents, the seller is obliged to deliver the documents related to the goods (such as quality certificates, certificates of origin, bills of lading, etc.) to the buyer within the agreed period, at the place and by the agreed method.

If the parties do not agree on the time limit and place for delivery of goods-related documents, the seller must deliver the goods-related documents to the buyer within the time limit and at a reasonable place so that the buyer can receive. According to the provisions of Clauses 3 and 4, Article 42 of the Commercial Law 2005, in case the seller delivers documents related to the goods before the agreed time limit, if there are errors in related documents, the seller may correct correct the deficiencies of these documents for the remainder of the period;

When the seller corrects the shortcomings of these documents, which causes disadvantages or causes unreasonable costs to the buyer, the buyer has the right to request the seller to remedy the disadvantage or bear the costs. 

Delivery on time and place about Rights and obligations of seller in a contract of sale of goods in Vietnam

The parties usually agree on the time of delivery in the contract. If the parties do not agree on this issue in the contract, then the provisions of law or custom shall apply. If the parties do not agree on a specific time of delivery but only specify the delivery time, the seller may deliver the goods at any time within that time limit and must notify the buyer in advance

So, if there is no agreement on delivery time in the contract, according to the provisions of Article 37 of the Commercial Law 2005, the seller must deliver the goods within a reasonable time after the conclusion of the contract.

The seller must deliver the goods to the agreed place. In case the parties do not agree in the contract, the place of delivery will be determined as follows:

+ If the goods are objects attached to land, the seller must deliver the goods at the place where such goods are located.

+ If the contract stipulates the carriage of goods, the seller is obliged to deliver the goods to the first carrier. In fact, the seller may not directly deliver the goods to the buyer, but delivery can be done through a third person (such as through a freight forwarder, etc.). The parties can agree on the risk of goods when delivering goods through a third person. If there is no agreement, the seller is deemed to have fulfilled the delivery obligation after having delivered the goods to a third party according to the delivery conditions agreed upon by the two parties.

+ If the contract does not stipulate the carriage of goods; if at the time of concluding the contract, the parties know the location of the warehouse, the place of loading or the place of production and manufacture of the goods, the seller must deliver the goods at that place.

+ In other cases, the seller must deliver the goods at the seller’s place of business. copper.

Check goods before delivery

In order to prevent delivery errors and increase the possibility of efficient execution of purchases, pre-delivery inspection is a necessary requirement for commercial sales of goods, and this is a difference between a contract for the sale of goods in commerce and a contract for the sale of property in civil. In case the parties have an agreement on the inspection of goods before delivery, the seller must create conditions for the buyer to carry out his inspection.

The buyer must carry out the inspection of the goods within the shortest time that the actual circumstances allow. If the buyer fails to carry out the inspection of the goods as agreed upon, the seller has the right to deliver the goods by the time of delivery.

Upon inspection, if the buyer discovers that the goods do not conform to the contract, he must notify the seller within a reasonable time. If the buyer fails to give this notice, the seller shall not be liable for defects in the goods, unless such defects cannot be detected during normal inspection and the seller knew or ought to have known about such defects without notifying the purchaser.

Guarantee the ownership of the purchased goods and transfer the ownership of the goods to the buyer

The seller must ensure the legality of ownership and the right to transfer ownership of the goods delivered to the buyer; and must ensure that the buyer’s title to the goods sold not disputed by third parties. In case goods disputed by a third party, the seller must side with the buyer to protect the buyer’s interests. In case a third party has partial or full ownership of the purchased goods, the buyer has the right to cancel the contract and request the seller to compensate for damage.

According to the law, the seller not allowed to sell goods infringing intellectual property rights. If there is a dispute regarding the intellectual property rights of the sold goods, the seller shall be responsible. However, if the buyer requires the seller to comply with the technical drawings, designs, formulas or other data provided by the buyer, the buyer must be responsible for claims related to the violations. infringement of intellectual property rights arising from the seller’s compliance with the buyer’s requirements.

According to Article 62 of the 2005 Commercial Law, the ownership of goods transferred from the seller to the buyer from the time of delivery of the goods, unless otherwise provided for by law or otherwise agreed by the parties. In the event that the parties do not agree, the time of transfer of ownership of the goods may take place at different times, depending on the nature of the delivery of the goods and the method of sale.

According to the nature of the delivery of the goods

Normally, for goods that physically moved upon delivery, ownership of the goods transferred to the buyer when the seller has fulfilled his delivery obligation.

+ For goods that not mechanically moved when delivered and delivered (goods attached to the land), the delivery of goods is through the delivery and receipt of documents related to the goods, the ownership The goods delivered to the buyer when the seller completes the delivery of the documents relating to the goods.

+ For goods for which ownership rights registered by law, the ownership of goods transferred to the purchaser from the time of completion of procedures for registration of ownership of such goods.

+ In case the goods do not move mechanically during the transaction and there are no documents about the goods, the ownership of the goods deemed to have transferred to the buyer at the time the contract takes effect.

According to the mode of purchase and sale

+ In case goods purchased by the mode of purchase after trial use, during the trial use period, the goods will still owned by the seller. But during this time, the seller’s ownership restricted (not allowed to sell, donate, lease, exchange, mortgage or pledge the goods) until the buyer has responded.

+ In case goods purchased by method of deferred payment, the seller may retain his/her ownership of the delivered goods until the buyer pays in full, unless otherwise agreed.

Goods warranty obligation related to Rights and obligations of seller in a contract of sale of goods in Vietnam

Besides the most important obligation is to hand over the goods, the seller also has another obligation, which is the goods warranty, that is, within a certain period of time, the seller must be responsible for the goods after the goods delivered the goods to the buyer. The law stipulates that in the case of goods with a warranty, the seller must be responsible for the warranty for such goods according to the agreed content and duration.

The warranty period determined by the parties themselves, or prescribed by law. In cases prescribed by law, such a time limit is mandatory and the parties only allowed to agree to change and increase that time limit.

During the warranty period, if the buyer discovers that there is a defect in the goods, he has the right to request the seller to repair, all costs for the repair shall be borne by the seller, unless otherwise agreed. If the seller cannot repair or complete the repair within the time limit agreed upon by the two parties, the buyer has the right to request an exchange, a discount, or a return of the goods and a refund. The 2005 Commercial Law does not specifically stipulate the issues of warranty of goods, if the parties do not reach an agreement, the provisions of the Civil Code, Articles 446-448 shall apply.

Related questions about Rights and obligations of seller in a contract of sale of goods in Vietnam

What is a commercial agent?

Accordingly to the provisions of Clause 1, Article 167 of the 2005 Commercial Law; A principal is a trader who delivers goods to a selling agent or delivers money for the purchase of goods to a purchasing agent, or a trader authorizes the performance of services for a service-providing agent.

What is a commercial agent?

Accordingly to the provisions of Article 166 of the Commercial Law 2005; a Commercial agency is a commercial activity whereby the principal and the agent agree that the principal buys and sell goods to the principal or provides services of the principal to customers for remuneration.

How to understand the act of representing traders?

Accordingly to the provisions of Article 150 of the Commercial Law 2005; Representation of a trader is when a trader receives authorization (referred to as representative) of another trader (referred to as principal) to carry out commercial activities in the name of, under the direction of the trader. the individual and shall be entitled to remuneration for representation.

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Contact LSX Lawfirm about Rights and obligations of seller in a contract of sale of goods in Vietnam

Finally, hope this article is useful for you to answer the question about: “Rights and obligations of seller in a contract of sale of goods in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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