What are the characteristics of the legal regulations for foreigners in Vietnam? What are limitations on the legal regulations for foreigners compare to Vietnamese citizens? These are questions that many people wonder. To answer the above questions, please refer to the following article of LSX Law firm:
What are the characteristics of the legal regulations for foreigners in Vietnam?
Legal regulations for foreigners in Vietnam; are provided in legal documents promulgated by competent Vietnamese state agencies; and guaranteed by the Socialist Republic of Vietnam according to regulations and procedures. This regulation has 3 main specific features which are:
Firstly, Although foreign nationals residing in Vietnam under the law are subject to the jurisdiction of two legal systems; that is the law of Vietnam and the law of the country of which they hold nationality. But the Vietnamese state only recognizes; and guarantees their participation in state administrative management on the basis of their rights; and obligations as prescribed by Vietnamese law as prescribed. Accordingly, the State of Vietnam only prosecutes foreigners; who violate the law of Vietnam while residing in the territory of Vietnam; but does not prosecute them for legal liability when violating the law of another country.
In addition, foreigners residing in Vietnam are equal in participating in state administrative management according to ;regardless of skin color, religion, occupation, gender, and social class.
Moreover, with the legal and administrative regulations of foreigners in Vietnam; there are certain limitations compared to Vietnamese citizens according to regulations.
What are limitations on the legal regulations for foreigners compar to Vietnamese citizens?
Firstly, foreigners do not have the right to vote, nor run for office in the Vietnamese state authorities, nor participate in the activities of the state apparatus as cadres or civil servants.
Secondly, foreigners who do not have to do military service to the State of Vietnam; are not subject to the measures of education in commune; wards or townships, sent to reformatory schools, sent to other schools, medical treatment and administrative detention facilities according to regulations.
Thirdly, they have the right to work for foreign-invested enterprises in Vietnam. However, they must have a work permit issued by the Ministry of Labor,;War Invalids and Social Affairs of Vietnam according to regulations.
Furthermore, Foreigners have the right to do business according to regulations. But except for a few professions such as those related to national security and defense; and the State of the Socialist Republic of Vietnam establishes and implements measures to ensure investment of foreign organizations or individuals in Vietnam.
In addition, The State of the Socialist Republic of Vietnam protects industrial property rights in accordance with regulations, and ensures the lawful interests of foreign investors in technology transfer activities in Vietnam. Foreigners are allowed to enter Vietnamese schools, except for a number of schools and disciplines related to national security and defense as specified by law.
Foreigners have the right to marry Vietnamese citizens according to regulations. Besides, if you marry a Vietnamese citizen who is serving in the military or in industries related to state secrets; must be certified by the competent authorities of Vietnam. Foreigners are allowed to adopt Vietnamese children under certain conditions.
Lastly, Foreigners may reside in Vietnam in the form of temporary or permanent residence. Foreigners are not allowed to some Vietnamese social organizations according to regulations
Hope this article is helpful for you!
Regulation is understood as a document or a whole document promulgated by law in a certain order and has the force of enforcement for members of agencies and organizations within the scope of promulgation of regulations. For the case of promulgating legal regulations for foreigners in Vietnam, it is also necessary to comply with the provisions of the law.
Ordinary cases such as entering Vietnam for the purpose of business, investment, labor, study… can only apply for temporary residence with a definite term. Currently, the law only allows permanent residence for foreigners who have a marriage, blood or foster relationship (father, mother, wife, husband, child) with a Vietnamese citizen and permanent resident.