According to statistics of the Center for Women and Development, in the first six months of 2021, the Hotline 1900,969,680 received more than 1,300 calls, an increase of about 140% compared to 2020, of which 83% of calls were related to domestic violence. If only the number of cases consulted about domestic violence has increased by nearly 60% compared to 2020 and increased by more than 230% compared to 2019. Since Vietnam signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW Convention), the issue of prevention and combat against gender-based violence and domestic violence is a particular concern. In addition to promulgating legal documents related to gender equality, intervention models to prevent domestic violence; model of prevention and coping with gender-based violence; and building a happy family has been brought into play, brought practical effects, raised people’s awareness, promoting the role and position of the family, be aware of the law, especially understand the violations of gender-based violence, improve the role and responsibility of individuals in preventing and combating the violence. Additionally, enterprises and organizations with Vietnamese capital in Vietnam are also encouraged to establish a foreign-invested company in services related to the family to support related issues.
According to the United Nations’ Provisional Central Product Classification (CPC Prov.), services related to the family sector fall under subsector CPC 933 (Social Services). These services include support services for domestic violence victims, consulting services on domestic violence prevention, consulting services on legal, psychological, and health care, arranging temporary accommodation and other necessary conditions for victims of domestic violence, guidance services, consulting for family members and children on behavioral issues, education,…
Foreign investors who want to invest in the field of “Services related to the family” need to satisfy the following market access conditions:
Regulations in AFAS, EVFTA:
Social Services (CPC 933): Allows the establishment of joint ventures in which the foreign contributed capital does not exceed 70%.
Regulations in CPTPP:
Appendix NCM II-VN-25:
Social Services (CPC 933): Vietnam reserves the right to adopt and maintain any measure related to the sub-sectors listed above.
Regulations of the Vietnamese law
Competence to grant operation registration certificates to establishments supporting domestic violence victims and counseling establishments on domestic violence prevention: Provincial People’s Committees to grant operation registration certificates to domestic violence victim support facilities, and counseling facilities about domestic violence prevention in cases where the head office is located in a provinces or centrally run cities that is established by foreign organizations and individuals.
Procedures for setting up a company in Vietnam for family-related services
Step 01: Apply for an Investment Registration Certificate for a foreign-invested company
If projects do not use land (without direct land lease from the state) that do not use technologies on the list of restricted transfers, the procedures for approval of investment policies are not required. Foreign investors carry out the procedures for applying for an Investment Registration Certificate.
Dossier for issuance of the Investment Registration Certificate to a foreign-invested company:
The agency that submits the dossier for the Investment Registration Certificate for the company with 100% foreign capital at the investment registration agency
Step 02: Establish an enterprise and issue an Enterprise Registration Certificate
After obtaining an Investment Registration Certificate, investors need to prepare the dossier to set up an enterprise.
Dossier of establishment of a foreign-invested company:
The agency that submits the dossier for an enterprise registration certificate to companies with 100% foreign capital
Business Registration Agency – Provincial Department of Planning and Investment.
Duration to issue the Enterprise Registration Certificate for companies with 100% foreign capital
05 working days from the date of receiving of the complete and valid dossier.
Step 03: Posting the statement of establishment of a foreign-invested company
After an enterprise is granted an Enterprise Registration Certificate, it must make a public announcement on the National Portal of Business Registration according to the order and procedures and pay fees as prescribed.
The content to be announced includes the contents of the Enterprise Registration Certificate and the following information:
Executing agency: Reporting division of the Business Registration Authority – Provincial Department of Planning and Investment.
Step 04: Engrave the seal of the foreign-invested company
After obtaining the Enterprise Registration Certificate and having posted the enterprise establishment statement. The enterprise engraves the seal at one of the licensed seal engraving units. Enterprises decide by themselves the number and form of seals within the scope permitted by law.
Customers wishing to set up a company in Vietnam for family-related services, and provide legal consultation during the implementation of an investment project in Vietnam, please contact Viet An Law Firm for the best support!
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