What rights and obligations do foreigners living and working in Vietnam have? Or what is the legal status for foreigners in Vietnam? Let us find out with LSX Law firm in the article below:
Civil Procedure Code 2015
Legal status for foreigners in Vietnam
Rights for foreigners in Vietnam
Here are some fundamental rights for foreigners in Vietnam:
Firstly, the right of residence and movement: allowing foreigners to freely travel and reside in the territory of Vietnam; except for some security areas.
Secondly, the right to practice allows foreigners to choose their profession within the framework of the law freely. However, it seem restricted to foreigners working in some national security and defense professions. They may work as a lawyer and provide legal advice in Vietnam to study through a Law school in Vietnam.
Next, the right to study: allowing foreigners to choose schools freely, but restricting some schools related to national security;
In addition, copyright and industrial property rights are provided in Articles 774 and 775 of the Civil Code.
Moreover, rights in marriage and family:
- Allow foreigners to marry Vietnamese.
- May adopt children if they meet all the conditions for adoption.
- Ensure equal rights for women and children.
Lastly, civil procedure rights: applied according to the national treatment regime; foreigners and foreign legal entities when filing lawsuits in Vietnamese courts; allowed by the Vietnamese State to enjoy national treatment in civil proceedings.
Obligations of foreigners in Vietnam
In addition to the above rights, foreigners also have the following obligations:
– Respect the laws of Vietnam, comply with the regulations issued when doing business, living and working.
– Respect the customs, traditions, beliefs, religions as well as the history of Vietnam
Besides, when foreigners commit illegal acts, depending on the nature of their violations; Government may fine, deporte ahead of time, or even examined for penal liability.
What legal regime are foreigners allowed by the host country?
According to the law of Vietnam as well as other countries are entitle foreigerns to the following legal regimes:
The same treatment as a citizen; namely a foreigner who enjoys civil rights and has the right to work and fulfill obligations equal; or equivalent to the rights and obligations of the nationals of the host country; The citizens of the host country are currently enjoying; and will enjoy in the future under the law unless otherwise provided for by law.
Moreover, the most-favored-nation regime is that foreigners and foreign legal entities are entitled to a regime accorded to foreigners by the host country. Foreign legal entities of any third country are enjoying or will enjoy in the future to which entitle to foreigners.
Additionally, special treatment is specifically that foreigners; or even foreign legal entities; according to the law, to enjoy the privileges or special privileges or privileges that the host country gives them. (even the citizens of the host country are not entitled to it) under the law
These preferences, or privileges or privileges, are often provided for in national laws and international treaties as required by law.
Besides, the model of reciprocity is that a country grants a specific legal regime to foreign natural and legal persons, respectively, as previously accorded and will be accorded to its citizens and legal entities there. Because countries have different political regimes and the development of countries is not uniform in practice, the reciprocity regime is as in two ways: reciprocity in substance and reciprocity in form. Accordingly, we can see that foreigners enjoy a lot of legal rights in Vietnam.
Hope this article is helpful for you!
The legal status is the position of the legal subject concerning other legal subjects based on legal provisions. Through legal status, it is possible to distinguish one legal subject from another. At the same time, it is possible to consider the position and importance of the legal subject in legal relationships.
Regulation is understood as a document or a whole document promulgated by law in a specific order. It has the force of enforcement for members of agencies and organizations within the scope of promulgation of regulations. For promulgating legal regulations for foreigners in Vietnam, it is also necessary to comply with the provisions of the law.