Hi Amie,Attached is the Vietnamese

Hi Amie,

Attached is the Vietnamese Law on nationality taken from the Vietnamese Ministry of Justice website; http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10451

The relevant articles are Article 11:
Papers proving Vietnamese nationality
One of the following papers can prove one’s Vietnamese nationality:
1. Birth certificate; in case the birth certificate does not clearly state the Vietnamese nationality of the holder, papers proving his/her parents’ Vietnamese nationality are required.
2. People’s identity card;
3. Vietnamese passport;

Article 15:
The nationality of children whose parents are Vietnamese citizens
A child born inside or outside the Vietnamese territory whose parents, at the time of his/her birth, are both Vietnamese citizens has Vietnamese nationality.

Article 19 Clause 1;
Conditions for naturalization in Vietnam
1. Foreign nationals and stateless persons permanently residing in Vietnam who file applications for Vietnamese nationality may be permitted for naturalization in Vietnam if they satisfy the following conditions:
a/ Having the full civil act capacity as prescribed by Vietnam’s laws;
b/ Obeying the Constitution and laws of Vietnam; respecting the traditions, customs and practices of the Vietnamese nation;
c/ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;
d/ Having resided in Vietnam for 5 years or more by the time of application for naturalization;
e/ Being capable of making their livelihood in Vietnam.

Article 19 Clause 2 states;
Those who apply for Vietnamese nationality may be permitted for naturalization in Vietnam without having to fully meet the conditions prescribed at Points c, d and e, Clause 1 of this Article if they fall into one of the following cases:
a/ Being spouses, natural parents or natural offsprings of Vietnamese citizens;
b/ Having made meritorious contributions to Vietnam’s national construction and defense;
c/ Being helpful to the State of the Socialist Republic of Vietnam.

Clause 3 of Article 19 states "naturalized in Vietnam shall renounce their foreign nationality, except for those defined in Clause 2 of this Article in special cases, if so permitted by the President."

Summary on Nationality

In summary as both K. Raivin's parents are/were Vietnamese he can apply for Vietnam naturalization i.e. become Vietnam citizen . The pathway to citizenship is simplified (see Article 19 clause 2) for offspring (son/daughter) of Vietnamese parents. However he would need to renounce his Thai nationality unless granted a special case exemption.


About the DFDL Vietnam Investment Guide 2014

As you can see this guide is 189 pages long. So it is important to take further legal advice.

This is my opinion in summary not legal advice.

In summary;

Section 5.13.3 page 67

The establishment of a 'domestic company' i.e. a Vietnamese Company rather than foreign.

K. Raivin's mother (or K .Raivin if he can get duel Thai/Vietnamese nationality) could be the owner as she is Vietnamese?

The domestic (Vietnamese) company is set up, with investment certificates (permits) for area of business and land can be purchased/rented (Land Use Rights) from local peoples council/Government.

Once all this is done Eastern Group Ltd would buy all the shares of the Vietnamese company in a 'take over'.

This would have many advantages including ease of setting up and being able to access finance locally for projects and mortgage assets and land use rights (LUR).

Normally escrow accounts and other risk limiting activities are needed for this situation, but as the owner of the Vietnamese company would be K. Raivin or his mother there is no need.

There seem to be advantage for Vietnamese companies regarding Land Use Rights (LUR) and Land Use Fee's (LUF).

Section 5.1 page 56 states " Only Vietnamese companies and individuals may receive a land allocation. Foreign companies and individuals are not entitled to LUR's and must
acquire LUR through land lease with the state"

LUR and LUF's are a complicated area and I suggest we get legal advice. however there does seem potential to exploit either K. Raivin or his mothers Vietnamese origins.