Hi everyone,
brief background of my circumstances for context:
1/ I am an aussie national, went to Vietnam for a holiday, met a girl.
2/ Two years later married the girl in Buddhist ceremony in her house.
3/ One year later she joined me in Australia, we now have a child
4/ Many years later we have now bought a small house in NHA TRANG, obviously under my wife's name alone. This is our holiday house.
5/ We are considering buying land and developing a small Bed and Breakfast with a café/restaurant.
(my wife has kept her Vietnamese nationality (passport))
6/ After 12 years coming and going I sometimes think I know most of the rules and regs, but then. depressingly, I find new laws and different versions of current rules.
Questions -
A - Married to a Vietnamese national, does that qualify me to become a Vietnamese citizen? Whilst remaining an Australian citizen....that is - a dual citizen/dual passport holder?
B - Is it true that we need to buy land, build the property and then, shortly before commencing business, that is the time that we can register a business? That sounds counter-intuitive, but please advise.
C - Is it true that to have our business registered successfully, a "team" of government officials will come around and check we have everything in order, eg running a café do we have knowledge of food hygiene, if we have built a hotel do we have fire escape measures in place.?
D - We understand and accept that we will be extorted from time to time by the local police. My question is, is the extortion worse if they become aware that the business is part owned by a foreigner?
*PS I understand that the HANOI officials are going to come to NHA TRANG in a years time and "clean up" the place, including corrupt practices, traffic etc, like they have done in DANANG.
E- Worst case scenario, if my wife and I divorced, am I entitled to 50% of anything we/she has bought? What would the process be? Find a lawyer and go to court? Could I travel to Vietnam with a letter of divorce and demand she sells the house? Terrible questions, but worth thinking about, I have heard all the horror stories.
F - Can our business be registered under my wifes AND MY names? I have heard it is FAR easier to register under my wifes name only, and then months later she can simply transfer to another entity, eg her and I, or even her, I and another foreigner for example.
***That's all for now, sorry to bombard the BLOG****
Any advice will be appreciated!!
Regards
E -
CONFUSED AUSSIE WITH VIETNAMESE WIFE REQUIRES CLARIFICATION!!
In my humble opinion:
Questions -
A - Married to a Vietnamese national, does that qualify me to become a Vietnamese citizen? Whilst remaining an Australian citizen....that is - a dual citizen/dual passport holder?
- Buddhist ceremony is equaling about engagement, not marriage. No rights or obligations.
B - Is it true that we need to buy land, build the property and then, shortly before commencing business, that is the time that we can register a business? That sounds counter-intuitive, but please advise.
- NO, you can pay, but not own. No, you not need to have a plot of land to open a business. Paperwork done, you can searchna dpurchase as corporation.
C - Is it true that to have our business registered successfully, a "team" of government officials will come around and check we have everything in order, eg running a café do we have knowledge of food hygiene, if we have built a hotel do we have fire escape measures in place.?
- It is quite common, not obligatory. Bars, massage places ..... you have a bigger chance to welcome such guests
D - We understand and accept that we will be extorted from time to time by the local police. My question is, is the extortion worse if they become aware that the business is part owned by a foreigner?
*PS I understand that the HANOI officials are going to come to NHA TRANG in a years time and "clean up" the place, including corrupt practices, traffic etc, like they have done in DANANG.
- It's a dream. Occasionally they come from Saigon or Hanoi to do a single job, which the local police not does. As for foreigners in the business - there many open hands collecting for their pensions. Da Nag court orders don't mean a thing in NT. Local decisions overrule those on occasion and frequently
E- Worst case scenario, if my wife and I divorced, am I entitled to 50% of anything we/she has bought? What would the process be? Find a lawyer and go to court? Could I travel to Vietnam with a letter of divorce and demand she sells the house? Terrible questions, but worth thinking about, I have heard all the horror stories.
- Please contact the forum lawyer (joke). You got the right to pay
F - Can our business be registered under my wifes AND MY names? I have heard it is FAR easier to register under my wifes name only, and then months later she can simply transfer to another entity, eg her and I, or even her, I and another foreigner for example.
- Yes, you might do max 99% (even after) or go the investment lane, the rest as above
Hello,
I have researched the citizenship thing a bit ... no guarantee but this is what I read in the law.
In 2008, the Vietnamese passed a new law finally allowing 'dual citizenship' with an effective date of July 1, 2009. They allowed 5 years for former Vietnamese citizens, who had given up their rights, to reclaim their birth citizenship. My (now ex) wife attained US citizenship in 2009 (after the dual citizen law went effective). She re-established her Vietnamese (dual) citizenship in 2013. We were then able to get a Vietnamese birth certificate and passport (dual citizenship) for our daughter who was born in the USA.
Now the fun part: As per the law, I as the 'natural parent' of a Vietnamese citizen do have the right to apply for Vietnamese citizenship and have 'special circumstances'; I do NOT have to meet the residency requirement nor speak/understand Vietnamese. The way I read it, it is NOT automatically approved; it is on a case by case basis. I have not yet tried (although I may soon) for the following reason: I am already dual citizen as I was born in England. I am a naturalized US citizen. I am checking to be absolutely certain that attaining Vietnamese citizenship will not cause the USA to revoke my citizenship ... as my daughter is 'natural born' in the USA, it has no effect on her, however as I was not born in the USA, I want to do some more research first.
By the way, I was able to get a 5 year Visa exemption and just this week was able to get my A2/B2 license (correctly, without paying those guys in the alley) ... so I do have some luck at correctly working the rules.
Hope this helps a bit ... for what it's worth.
John
Oh, and on the marriage ... Bully is correct ... the 'ceremony' is just that. When I got married in Vietnam, I had to do 'tons' of paperwork just to get officially married here ... including a 'Psychiatric clean bill of health' ... which I found to be hilarious.
Thanks John,
that sounds promising.
I think I should write directly to the Vietnamese Embassy here in Australia and ask them for guidance. I also have that multi-entry five year visa due to me being married to a Vietnamese. It makes things so much easier. I would imagine if I could get a Vietnamese Passport might open up a whole list of easier things. That's the plan anyway.
bryanpking wrote:2/ Two years later married the girl in Buddhist ceremony in her house.
A ceremony of marriage that is recognised in the country which it occurred is a marriage. Period. Such ceremonies are recognised by other countries.
For example, the Indian government records births and deaths but not marriages. Marriages are essentially a social event that occurs in front of friends. In order to emigrate, say to Canada, Canada immigration require a 'wedding certificate' but with respect to proceedings certain in certain countries, the Canadian government accepts sworn affidavits. The United Nations has all manner of detail on citizenship, marriage, etc. that are used as references by many countries.
3/ One year later she joined me in Australia, we now have a child
Did she immigrate to Australia as your wife or as a visitor? Was your child issued a birth certificate? Was your child issued an Ozzie passport?
5/ We are considering buying land and developing a small Bed and Breakfast with a café/restaurant.
Land has to be owned by a VN national BUT real property ON land can be owned by non-VNese. Example, my wife is VNese and her name is on all our properties User Certificates. However, the User Certificates all state that they cannot be sold or used as collateral without my written consent. The properties, i.e. buildings) are in my name.
A - Married to a Vietnamese national, does that qualify me to become a Vietnamese citizen? Whilst remaining an Australian citizen....that is - a dual citizen/dual passport holder?
Marriage doesn't give you automatic right to citizenship. Quaintly, VietNam law requires that you obtain permission, in writing, from your present country to acquire VN citizenship. You are allowed dual citizenship by VN law.
B - Is it true that we need to buy land, build the property and then, shortly before commencing business, that is the time that we can register a business?
There is no linkage, in your type of deal, between land and business. Food and accommodation businesses have especial requirements. The accommodation must be good enough, in the opinion of the Cong An, to house Foreigners. Food establishments are more explicit, but depends on the city or province. HCM is by far the stiffest in food hygiene, some smaller centres don't appear to care. They all represent opportunities for 'donations'. You will need a Work Permit and to Register a business.
C - Is it true that to have our business registered successfully, a "team" of government officials will come around and check we have everything in order, eg running a café do we have knowledge of food hygiene, if we have built a hotel do we have fire escape measures in place?
Yes - but easy.
D - We understand and accept that we will be extorted from time to time by the local police.
My wife installed notices, in Vietnamese, in the reception areas of our two hotels that state: No bribes paid unless permission in writing from you commandant is produced. No one has ever asked.
E- Worst case scenario, if my wife and I divorced, am I entitled to 50% of anything we/she has bought? What would the process be? Find a lawyer and go to court?
Divorce occurs in your country of residence. In VietNam it is fairly simple with both parties appearing before a Tribunal (often one person). No lawyer needed. Quite informal. BUT VN law, as do most countries, ensures that children are protected and cared for. The 50-50 split is in law but many VNese females end up getting stiffed (I employ 34 single female parents, interesting).
The critical part will be the child(ren). Your child is, presumably, an Australian citizen. Countries often like their citizens to be brought up in the countries traditional way. If you have further children, take the VN Birth Certificate and get a VN passport (FIRST) then off to the Australian Embassy to get an Australian passport. You MUST get a VN passport first - if born in VN.
F - Can our business be registered under my wifes AND MY names?
YES. VN shareholders MUST have over 51% ownership, others up to 49%. This requirement remains except with special company setups (i.e.such as Samsung in Ha Noi). Companies can buy User Certificates.
By having the User Certificates in a company name, reduces costs and difficulties if you sell.
Articles to help you in your expat project in Vietnam
Have you met that perfect someone who you want to spend the rest of your life with? Luckily, getting married in ...
Many citizens from across the globe require visas to enter Vietnam, so it is strongly advised to have everything ...
If you're considering moving to Hanoi, or Ho Chi Minh City, the dating scene may be of interest to you ...
The telecommunications sector in Vietnam has flourished throughout the past two decades. Like many foreigners ...
If you are planning to move to Vietnam with a pet, there are a number of formalities that have to be completed ...
Formerly known as Thang Long, Vietnam's present capital city was renamed Hanoi in 1831. This enchanting ...
