Vietnam

Compliance/Financial Considerations

If you intend to do any of the following in Vietnam, please contact Risk Services at risk@berkeley.edu or 642-5141:

  • Hire a local to work for you as an employee
  • Purchase or lease office or research space
  • Purchase or lease an automobile
  • Establish a long-term (over 90 days) or ongoing project
  • Conduct a clinical trial

U.S. GOVERNMENT COMPLIANCE CONSIDERATIONS

Foreign activities may trigger many U.S. laws, including:

  • Import Controls
  • Export Controls
  • Tax Reporting
  • Foreign Bank Account Reporting
  • Country Embargoes and Targeted Sanctions
  • Foreign Corrupt Practices Act
  • Anti-Boycott Laws

Import Controls. UC employees must adhere to U.S. import requirements, and may need to enlist the services of a customs broker, especially for shipments arriving by sea and subject to the Importer Security Filing 71730, also known as ISF 10+2.

Export Controls. Export controls may apply to advanced software and technology, research data, and other sensitive assets. UC’s Export Compliance FAQ contains useful information and can be found here.  Go here for the University of California plan for compliance with federal export controls. If you plan on taking or sending potentially export-controlled materials to Vietnam, consult the campus Research Administration Compliance Office at 642-0120.

Tax Reporting. The University and its employees may be taxed in foreign countries. The United States does not have a tax treaty with Vietnam. For more information about double taxation issues, contact the Controller’s Office at:

Foreign Bank Account Reporting. The U.S. Treasury Department requires U.S. citizens with a financial interest in or signatory authority over a financial account in a foreign country, where accounts exceed $10,000 at any point during a calendar year, to report such accounts on a Report of Foreign Bank and Financial Accounts (FinCen Report 114). Those needing to complete the form should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803 for assistance. An IRS 1040 Schedule B form (Part III–Foreign Accounts and Trusts) must be filed by the signatory for any foreign bank account, regardless of the account balance.

Country Embargoes and Targeted Sanctions. In general, collaborations between University personnel and scholars at foreign institutions or organizations do not require export licenses unless they involve export-controlled or -restricted research or involve scholars in sanctioned countries. Before engaging in an international collaboration, the University needs to determine whether export licenses are required and to verify that the foreign collaborator is not blocked or sanctioned. The Office of Foreign Assets Control (OFAC) is responsible for enforcing all U.S. embargoes and sanctions. Depending on each country’s embargo or sanction program, activities may be prohibited without specific authorization or license. UC’s International Collaborations webpage contains additional information on this topic.   

The Foreign Corrupt Practices Act (FCPA) is intended to stop bribery. It prohibits offering to pay, paying, promising to pay, or authorizing the payment of money or anything of value to a foreign official. The term “foreign official” generally includes any employee or contractor of a foreign government, and may include individuals employed by foreign universities. It is also unlawful to make a payment to a third party knowing that all or part of the payment will go to a foreign official. For more information, review the federal government’s Resource Guide to the U.S. Foreign Corrupt Practices Act. If you need further clarification, contact the UC Berkeley Office of Legal Affairs at 642-7122.  Transparency International’s 2018 survey of perceived public sector corruption rated Vietnam at 33 out of 100 (117th out of 180 countries reviewed, i.e.  corrupt).

Anti-Boycott Laws.  The U.S. Department of Commerce is responsible for oversight of laws prohibiting individuals and entities from participating in boycotts not approved or sanctioned by the U.S. government. The Export Administration Act requires that requests to participate in such boycotts or to conduct activities in any of the boycotting countries be formally reported to the Department of Commerce and/or IRS.

For other compliance-related issues, refer to UC’s International Compliance webpage.  

ADDITIONAL CONSIDERATIONS FOR DOING BUSINESS INTERNATIONALLY

Foreign Bank Accounts. Employees wishing to open a foreign bank account should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803. Requests to open accounts must be made through the Office of the President’s Banking and Treasury Services Group by the Chancellor or the Chancellor’s designee. 

Real Estate Agreements. Only employees with delegated authority to sign contracts on behalf of The Regents may enter into agreements, leases, or other contracts.  Foreign affiliates or operations must submit to the Real Estate Services Office property management agreements, personal property leases, or contracts with a term longer than one year or in an amount greater than $25,000 per year. The campus then seeks approval from the University president or designee. For more information, consult the Guidelines for the Establishment and Operation of Foreign Affiliate Organizations and Foreign Operations.

Articles

The US State Department's page on VIETNAM may be found HERE.

Personal Safety

VIETNAM CONTINUES TO ENFORCE RESTRICTIONS TO STEM THE SPREAD OF CORONAVIRUS DISEASE (COVID-19) AS OF NOVEMBER 12. INBOUND COMMERCIAL FLIGHTS REMAIN SUSPENDED UNTIL FURTHER NOTICE. FOREIGNERS REMAIN BANNED FROM ENTERING VIETNAM, WITH EXCEPTIONS FOR FOREIGN EXPERTS, INVESTORS, MANAGERS, SKILLED WORKERS, AND RESIDENT DIPLOMATS, AMONG OTHERS. OFFICIALS HAVE STARTED TO REISSUE ELECTRONIC VISIAS TO FOREIGN NATIONALS FROM 80 LOCATIONS, INCLUDING AUSTRALIA, MAINLAND CHINA, INDIA, JAPAN, NEW ZEALAND, THE PHILIPPINES, SOUTH KOREA, THE UK AND THE US.  WHILE THE PASSENGERS WILL BE EXEMPT FROM QUARANTINE REQUIREMENTS, THEY MUST TEST FOR COVID-19 BEFORE THE TRIPS AND UPON ARRIVING IN THE DESTINATION COUNTRY AND HAVE TO COMPLY WITH A PREAGREED TRAVEL ITINERARY.  OFFICIALS HAVE APPROVED VISA EXTENSIONS THROUGH NOVEMBER 30 FOR FOREIGNERS ALREADY IN VIETNAM.

Note: this page contains basic risk information. For more details, please contact the Risk Services Office at risk@berkeley.edu.

If you are traveling to Vietnam on University-related business, please sign up for the University’s travel insurance program by going here. For more information on the travel insurance program, please go here.

Because everyone’s health is unique, we suggest seeking the advice of a medical professional before traveling internationally. Members of the campus community interested in protecting their health while abroad may schedule an appointment with the University Health Services International Travel Clinic

The quality of health care in Vietnam is adequate in some urban settings, but is overall below western standards. In Ho Chi Minh City, the Family Medical Practice or the Franco Vietnamese Hospital can competently handle serious emergencies. Elsewhere, evacuation is usually the best option for care of acute illnesses or injuries. Counterfeit medications are common in Vietnam. If you need medication, bring enough to last the duration of your stay. The US Embassy provides this list of medical facilities, but takes no responsibility for the quality of care.

Air pollution can be a problem in urban areas. If you have a chronic respiratory condition such as asthma, please consult a medical professional prior to your trip and carry appropriate medications.

Travelers should assume the drinking water in Vietnam is contaminated with untreated sewage, industrial waste, agricultural fertilizers, or pesticides. To reduce the risk of gastrointestinal discomfort or illness, drink only bottled, boiled, or purified water. Travelers should use well-recognized brands of bottled water whenever possible.

Local alcoholic beverages may be contaminated with substances such as methanol that cause a multitude of symptoms, including death. Methanol contamination is most common in Ho Chi Minh City and the Mekong Delta region, but has also been reported in Can Tho City and Soc Trang, Hau Giang, and Bac Lieu provinces. Purchase brand-name alcohol from reputable sellers only.

Travelers risk contracting a number of serious illnesses in Vietnam, including:

  • Malaria, transmitted via mosquito bites, year-round but more likely during the warm, rainy months (May to October in the north and June to December in the south), with the highest risks being in the southern provinces of Ca Mau and Bac Lieu.
  • Typhoid, especially in southern Vietnam between April and August.
  • Tuberculosis. The World Health Organization considers Vietnam a high-risk country. Travelers staying for an extended time should get a pre-departure PPD skin test. Avoid crowded public spaces and mass transportation whenever possible.
  • Dengue fever, transmitted by mosquito bites. Epidemics usually occur every three to five years, especially in the south.
  • Japanese encephalitis, also transmitted by mosquito bites, countrywide but especially in and near Hanoi. The risk is highest from May to October.
  • Schistosomiasis, transmitted by parasites swimming in freshwater bodies, along the Mekong Delta.

Crime is a major risk in Vietnam, although the nature of almost all crime is nonviolent. Pickpockets and purse snatchers (including those on motorcycles) are common, as are thefts from hotel rooms and vehicles. Avoid public transportation. Whenever possible, travel via private car or via a taxi secured through a hotel or trusted associate.

The Vietnamese police are competent, but can be suspicious of foreigners and may detain them for unexplained reasons. Travelers should refrain from photographing even ordinary public works, such as bridges and buildings.

Legal/Political

Criminal Penalties: Persons violating Vietnamese laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking in illegal drugs in Vietnam are severe, and convicted offenders can expect long jail sentences and heavy fines, or even the death penalty. In Vietnam, you may be taken in for questioning if you do not have proper ID, such as a passport or a copy of your visa. In Vietnam, driving under the influence of alcohol resulting in a fatal accident could lead to immediate imprisonment. If you break local laws in Vietnam, your U.S. passport will not help you avoid arrest or prosecution.

There are also some things that might be legal in the country you visit, but are still illegal in the United States. 

Arrest Notification in Vietnam: To ensure that the United States is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas and continue to make the request until you are seen by a U.S. official. Historically, there have been delays in notification by the Vietnamese authorities to the U.S. Embassy or Consulate General and the granting of access by the Vietnamese authorities for a Consular Officer to visit detained U.S. citizens.

Dual Nationality: Dual nationality is accepted by the Vietnamese government in some, but not all, circumstances. As of July 1, 2009, Vietnamese citizens who acquire foreign nationality can maintain Vietnamese nationality, provided they follow the proper procedures. However, dual nationals should be aware that Vietnam recognizes their Vietnamese citizenship as primary before others. In such cases, the U.S. Embassy and Consulate General may be limited in the consular services we are able to provide. 

Work Authorization: The Government of Vietnam maintains strict laws with respect to foreign workers. U.S. citizens planning to work in Vietnam should make sure that they are in full compliance with Vietnamese regulations. Penalties can be severe and include deportation, fines, or detention.

U.S. citizens who also hold Vietnamese citizenship, and who are currently residing in Vietnam, may wish to contact local authorities and/or seek competent legal advice on how local laws may affect their status.

Exports: Vietnamese law prohibits the export of antiques. However, these laws are vague and unevenly enforced. Customs authorities may inspect and seize your antiques without compensating you, and the determination of what is an “antique” can be arbitrary. If you purchase non-antique items of value, you should retain receipts and confirmation from shop owners and/or the Ministry of Culture and the Customs Department to prevent seizure when you leave the country.

Imports: Vietnamese authorities have seized documents, audio and video tapes, compact discs, literature, and personal letters they deem to be pornographic or political in nature, or intended for religious or political proselytizing. It is illegal to import weapons, ammunition, explosives, military equipment and tools (including uniforms), narcotics, drugs, toxic chemicals, pornographic and subversive materials, firecrackers, or children's toys that have "negative effects on personality development, social order, and security."

Photography: Taking photographs of anything that could be perceived as being of military or security interest may result in questioning by authorities, fines, or delayed travel. You should be cautious when traveling near military bases and avoid photography in these areas.

LGBT Rights: There are no legal restrictions on same-sex sexual relations or the organization of LGBT events in Vietnam.