Foreign Investment in Education Sector in Vietnam

Foreign cooperation and investment in education are not new to Vietnam. There has been a number of schools and education institutions such as BVIS, Hanoi Academy, International School in Hanoi, Japanese International School, Vietnam-Australia School. Since Aug 1st, 1018, the decree 86/2018/ND-CP on international cooperation and investment in education in Vietnam will be effective, replacing Decree 72/2012/ ND-CP.

According to Decree 86/2018/ND-CP, foreign organizations and individuals are allowed to cooperate in investment in the field of education in accordance with Vietnamese law and treaties to which Vietnam is a member. However, with the education sector in the security, defense, political and religious sectors, the law does not allow foreign organizations to cooperate, or invest.

The law open ways for enterprise to cooperate in education services in Vietnam including pre-school education establishments;primary and secondary education establishments, and educational establishments operating in foreign countries, which are accredited; and post graduate programs that offer master and doctoral training courses and examination centers with foreign language certificates.

Foreign organizations and individuals cooperating and investing in Vietnam in education services must meet the requirements of the Vietnamlaws, including facilities in service of educational activities; the educational program and the quality of teachers. Accordingly, the integrated educational program must be a program that has been accredited, ensure meeting the objectives of the educational program of Vietnam; and meet the requirements of the foreign educational program and must be approved by the Vietnam competent authority. Teachers must be qualified and have diplomas and certificates as prescribed by law. Foreigner and foreign organizations which cooperate in the field of education for a joint term of no more than 5 years from the date of approval. Upon the expiry of the extended time limit, each extension time shall not exceed 5 years.

Forms of foreign-invested educational establishments permitted are include short-term training and vocational training; pre-school education establishment; General education establishments (primary schools, secondary schools, primary and secondary schools; higher education institutions. The duration of operation shall not exceed 50 years. For the establishment of foreign educational organizations, foreign organizations and individuals must meet conditions on capital, facilities and equipment, educational program; teachers must meet the requirements of the Vietnam Ministry of Education and Training.

For pre-school and primary and secondary education establishments, which accept Vietnamese pupils, and study the foreign educational programs, the number of Vietnamese pupils studying in the foreign educational program must be lower 50% of the total number of students enrolled in the foreign educational program at the institution. Vietnamese pupils studying in this group must study compulsory subjects according to regulations.

Foreign investors in education service have to apply for investment registration certificate in Vietnam. Depending on the nature of the educational business, other licenses will need to be applied at Department of Education and Training before operation. 

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What are Responsibility for Wrongful Request of Arrest of Ship?

According to Article 131 of Vietnam Maritime Law, the wrongful request of arrest of ship in Vietnam shall be subject to financial obligations. In particular:

The applicant for arrest of a ship must be held legally liable for his request. If the request for arrest of a ship is wrongful, which may lead to any loss, such applicant shall be responsible for compensating for any loss or damage possibly incurred.

Any loss or damage that may be incurred from consequence of such request for wrongful arrest shall be dealt with as agreed upon between parties. Where there is any disagreement or dispute that may arise, the Court or Arbitration Tribunal shall be requested to settle this disagreement and dispute in accordance with laws.

If the Court that grants a judgement on arrest of a ship which is not based on the reasons for a request for arrest or does not serve on the ship as the right subject matter of such request, which may cause any loss or damage, it shall be liable for any compensation in accordance with laws and regulations.

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Steps in processing of the written request for analysis of imports and exports are available for use

On June 28, 2018, the Ministry of Finance issued the Decision No. 1921/QD-TCHQ on introduction of the processes for sorting commodities, and imposing tax rates on imports and exports.

Steps in processing of the written request for analysis of imports and exports are prescribed as follows:

After receipt of the written request for analysis, the inspecting officer verifies documents submitted to request analysis and searching on the MHS system to decide whether the written request is rejected or accepted for further actions.

If the written request is accepted and analysis is carried out, the inspecting officer determines analyzed indicators.

See more: Process Setting-up Foreign Owned Import Export Business in Vietnam

In case of lack of conditions for analysis, an assessment is needed:

- The inspecting unit requests the requesting customs unit in writing to assign its staff member as a representative to witness the sample splitting process.

- The sample-splitting report is prepared by using the given template. The sample sent for assessment must be split from the sample received for analysis and must be customs sealed.

- When sending the sample for assessment, the inspecting unit must clearly specify analyzed indicators to carry out sorting of commodities according to the List of imports and exports, and the Tariff Schedule applied to imported and exported commodities.

- The inspecting unit is responsible for showing assessment results in the Notification of analysis results.

The Decision No. 1921/QD-TCHQ will enter into force from the signature date.

Source: Thuvienphapluat

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Streamlining gold jewelry business conditions

This is the noticeable content of the Decision No. 1417/QD-NHNN approving the plan to simplify business conditions under the authority of the State Bank of Vietnam.

According to the Decision, the State Bank has approved the plan to abolish a number of licensing conditions for purchase and sale of gold jewelry or decorative gold, including 02 following conditions: 

- The business must be established under law and have been granted the registration for trade in gold jewelry or decorative gold in the enterprise registration certificate. 

- The business must have business address, facilities and equipment necessary for its trade in gold jewelry and decorative gold.

Simultaneously, 02 conditions out of prescribed conditions for eligibility for the Certificate of conformance to gold jewelry or decorative gold production regulations will be abrogated as follows:

- The business must be established under law and have been granted the registration for production of gold jewelry or decorative gold in the enterprise registration certificate. 

- The business must have business address, facilities and equipment necessary for its production of gold jewelry and decorative gold.

The Decision No. 1417/QD-NHNN is in force from July 9, 2017.

Source: Thuvienphapluat

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What Laws Will be Applied for Dispute Settlement by Arbitration in Vietnam?

Under Article 14 of Law on Commercial Arbitration, applicable laws for dispute settlement by arbitration in Vietnam will be Vietnamese if the case involve no foreign element. If dispute involving foreign invested enterprise, parties need to agree on language. If parties do not have such language agreement for arbitration, the arbitration council will decide. In particular:

For a dispute involving no foreign element, the arbitration council shall apply Vietnamese law for settling the dispute.

For a dispute involving foreign elements. the arbitration council shall apply the law selected by the parties. If the parties have no agreement on the applicable law, the arbitration council shall decide to apply a law it sees the most appropriate.

When the Vietnamese law or law selected by the parties contains no specific provisions concerning the dispute, the arbitration council may apply international practices for settling the dispute, provided such application or consequence of such application does not contravene the fundamental principles of Vietnam law.

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What are Regulations on Collection and Use of Personal Information Under Cyber Information Law?

According to Article 17, Law on Cyber Information Security 2015, the collection and use of personal information are regulated as following:

1. Organizations and individuals that process personal information shall:

a/ Collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information;

b/ Use the collected personal information for purposes other than the initial one only after obtaining the consent of its owners;

c/ Refrain from providing, sharing or spreading to a third party personal information they have collected, accessed or controlled, unless they obtain the consent of the owners of such personal information or at the request of competent state agencies.

2. State agencies shall secure and store personal information they have collected.

3. Owners of personal information may request personal information-processing organizations and individuals to provide their personal information collected and stored by the latter.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact Cyber Security Law Firm in Vietnam for service inquiries.

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