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Entries tagged as law and legal services

  • Business (Work) Visa

    Before moving to the Dominican Republic, you need to secure either a business visa (Visa de Negocios), which comes in two forms that allow either one entry for 60 days or multiple entries for one year, but only for a maximum of two consecutive months at a time, or a business visa for employment purposes (Visa de Negocios con Fines Laborales), which is issued for one year. The latter is the relevant visa for those who are moving to the Dominican Republic to work on fixed-term contracts for private or public companies; with this visa you can apply for a driver’s license, open a bank account, etc. You can renew your visa at the Department of Immigration (Dirección General de Migración) in Santo Domingo as long as you still have a valid work contract.

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  • Dominican Republic Residence Permit

    It doesn’t matter if you are moving to the Dominican Republic with a Tourist Card or a business visa. If your stay exceeds two months, you need to apply for a residence permit (Visa de Residencia). To do so, you need to submit the application in advance to a consulate of the Dominican Republic with the following, but be awar following up with Dominican Republic Visa and Residency Permit procedures can be costly, frustrating and time consuming. You should hire a competent lawyer or contact our Corcons office which specializes in immigration and naturalization. All foreign documents must be notarized and translated into Spanish. Also, both the original and the translation must be apostilled:

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  • Doing business in the Dominican Republic

    This article gives an overview of key recent developments affecting doing business in Dominican Republic as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives and business vehicles and their relevant restrictions and liabilities. The article also summarizes the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law, data protection, and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency, and intellectual property rights over patents, trade marks, registered and unregistered designs.

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  • Marketing agreements in the Dominican Republic

    Are marketing agreements regulated?

    Agency

    Contractual relations between the parties to any agency agreement in the Dominican Republic are regulated by Law No 173 of 6 April 1966 for the Protection of Agent Importers of Merchandise and Products (Law No 173), if the contracts are registered in the Legal Department of the Central Bank of the Dominican Republic. Law No 173 protects local agents from untimely termination or breach of a contract on the part of their foreign counterparts by providing considerable compensation in these cases. However, Law No 173 does not apply to agreements involving a party from the US, entered into after the United States-Dominican Republic and Central America Free Trade Agreement (DR-CAFTA) came into force, unless the contract states otherwise.

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  • Intellectual property law in the Dominican Republic

    Patents

    Definition and legal requirements. For an invention to have patent protection, it must:

    • Be novel.
    • Involve an inventive step.
    • Be capable of industrial application.

    Registration. Patents must be registered at the Patent Department of the National Office of Industrial Property to be protected.

    Enforcement and remedies. Patent rights can be enforced through a criminal or civil action before the relevant court. A person who breaches a patent can be subject to imprisonment and fines.

    Length of protection. Protection lasts for a non-renewable period of 20 years from the date of filing the application.

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  • Competition law in the Dominican Republic

    Competition authority

    The competition authority is the National Commission for the Defence of Competition.

    Restrictive agreements and practices

    All practices, acts and agreements between national or foreign economic agents, either tacit or expressly written or verbal, which have the purpose, or either produce or may produce the effect, of imposing unjustified barriers in the market are prohibited (Competition Law).

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  • Tax on Business vehicles

    Tax resident business

    A business entity is considered tax resident, in relation to Dominican-source income, when it qualifies as a permanent establishment. According to the tax laws, a "permanent establishment" is a fixed place of business in which a foreign undertaking, person or entity carries out all or a portion of its activities. This includes management seats, offices, branches and enterprise consulting services, if and when they are present in the Dominican Republic for more than six months within a 12-month period.

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  • Taxes on employment

    Dominican-source income received by an employee for their work, as well as income obtained by individuals who exercise a profession or perform freelance work, is subject to income tax. The rate applicable to income tax ranges from 0 to 25% depending on the income received. Employers must withhold income corresponding to their employees’ income tax and social security contributions on a monthly basis and remit it to DGII by the tenth day of every month. Individuals who receive Dominican-source income for independent work must file an annual individual income tax return by 31 March.

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  • Employment in the Dominican Republic

    Employment

    What are the main laws regulating employment relationships?

    The main employment legislation is the Labour Code (No 16-22 of 1992). It applies to Dominicans and foreign persons working in the Dominican Republic. The employer and employee are subject to an employment contract, although its provisions can never release or limit rights under the Labour Code.

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  • Legal System of Dominican Republic

    The Comptroller General, who is appointed by the President, exercises internal control of the administration and of public funds. The Court of Accounts, whose judges are nominated by the President and elected by the Senate, exercises external control. The President must submit each year’s accounts to the National Congress, which either approves or rejects the statement of earnings from taxes and fees and investment of revenues that the Executive Branch must submit to it.

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