Are employees in Vietnam working at representative offices or law-practicing organizations entitled to rent support?
Are employees in Vietnam working at representative offices or law-practicing organizations entitled to rent support?
"1. About the object of support
- Pursuant to Clause 1, Article 3 of Decision No. 08/2022/QD-TTg stipulating that “employees in Vietnam are enterprises, cooperatives, business households with business registration and have hired or employed laborers to do the job. According to the agreement", only employees in Vietnam who have an employment relationship, are renting, staying in, working in enterprises, cooperatives, business households with business registration will be eligible for financial support. house rent under Decision No. 08/2022/QD-TTg.
Types such as representative offices, law practice organizations, etc., which are established and operate under the provisions of the Enterprise Law, the Law on Cooperatives, the employees are working in the following categories. The above are subject to rent support policy if eligible under Decision No. 08/2022/QD-TTg
If companies are established under the provisions of the Enterprise Law and are granted business registration certificates in the field of education, employees working in the units and establishments of he above companies are eligible. rent support policy if eligible according to Decision No. 08/2022/QD-TTg."
Are employees in Vietnam working at representative offices or law-practicing organizations entitled to rent support?
What is the right to establish a company under the Enterprise Law?
According to Article 17 of the Enterprise Law 2020, the right to establish a company is as follows:
"Article 17. Right to establish, contribute capital, purchase shares, purchase contributed capital and manage enterprises
1. Organizations and individuals have the right to establish and manage enterprises in Vietnam according to the provisions of this Law, except for the case specified in Clause 2 of this Article.
2. The following organizations and individuals do not have the right to establish and manage enterprises in Vietnam:
a) State agencies and units of the people's armed forces use state assets to establish profit-making enterprises for their own agencies or units;
b) Cadres, civil servants and public employees according to the provisions of the Law on Cadres and Civil servants and the Law on Public Employees;
c) Officers, non-commissioned officers, professional soldiers, defense workers and employees in agencies and units of the Vietnam People's Army; officers, professional non-commissioned officers, public security workers in agencies and units of the Vietnam People's Public Security, except those who are appointed as authorized representatives to manage the State's capital contribution in enterprises. or management at a state-owned enterprise;
d) Professional leaders and managers in state enterprises as prescribed at Point a, Clause 1, Article 88 of this Law, except for persons appointed as authorized representatives to manage the State's contributed capital in the State enterprise. other enterprises;
d) Minors; people with limited civil act capacity; persons who have lost their civil act capacity; people with difficulties in cognition and behavior control; organizations without legal status;
e) Persons being examined for penal liability, detained, are serving prison sentences, are serving administrative handling measures at compulsory detoxification establishments, compulsory education establishments or are being prosecuted by the Courts ban from holding certain posts, practicing certain professions or doing certain jobs; other cases as prescribed by the Law on Bankruptcy and the Law on Anti-corruption.
At the request of the business registration authority, the person registering the establishment of an enterprise must submit a judicial record card to the business registration authority;
g) An organization being a commercial legal entity is prohibited from doing business or operating in certain fields according to the provisions of the Penal Code.
3. Organizations and individuals have the right to contribute capital, purchase shares or purchase capital contributions to joint-stock companies, limited liability companies and partnerships in accordance with this Law, except for the following cases:
a) State agencies and units of the people's armed forces use state assets to contribute capital to enterprises for their own profit;
b) Subjects not allowed to contribute capital to enterprises according to the provisions of the Law on Cadres and Public Officials, the Law on Public Officials, and the Law on Prevention and Combating of Corruption.
4. Private profit for their agency or unit specified at Point a, Clause 2 and Point a, Clause 3 of this Article is the use of income in any form obtained from business activities, from capital contribution or share purchase. share, purchase contributed capital for one of the following purposes:
a) Distributing in any form to some or all of the persons specified at Points b and c, Clause 2 of this Article;
b) Supplementing to the operating budget of agencies or units contrary to the provisions of law on state budget;
c) Establish a fund or supplement it to the fund to serve the private interests of the agency or unit."
Registering a representative office in accordance with the Law on Enterprises?
According to Article 45 of the Enterprise Law 2020, regulations on representative office registration are as follows:
"Article 45. Registration of branches and representative offices of enterprises; notification of business locations
1. Enterprises have the right to establish domestic and foreign branches and representative offices. An enterprise may set up one or more branches and representative offices in a locality according to the administrative division's boundaries.
2. In case of establishment of a branch or representative office in the country, the enterprise shall send the application for registration of the branch or representative office's operation to the business registration authority where the branch or representative office is located. face. Records include:
a) Notice of establishment of a branch or representative office;
b) A copy of the establishment decision and a copy of the meeting minutes on the establishment of the branch or representative office of the enterprise; copies of legal papers of the individual for the head of the branch or representative office.
3. Within 03 working days from the date of receipt of the application, the business registration agency shall consider the validity of the application and issue the Certificate of operation registration of the branch or representative office; in case the application is not valid, the business registration agency must notify in writing the content that needs to be amended and supplemented to the enterprise. In case of refusal to issue a Certificate of operation registration of a branch or representative office, it must notify the enterprise in writing and clearly state the reasons therefor.
4. Enterprises are responsible for registering changes to the contents of the branch or representative office operation registration certificate within 10 days from the date of change.
5. Within 10 days from the date of deciding on the business location, the enterprise shall notify the business location to the business registration agency.
6. The Government shall detail this Article."
Thus, types such as representative offices, law practice organizations, etc., which are established and operate under the provisions of the Law on Enterprises and the Law on Cooperatives, the employees in Vietnam are working in the fields of law. The above-mentioned types are subject to the policy of house rent support if they are eligible according to Decision No. 08/2022/QD-TTg.
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