ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

4.16.2015

Mandatory Announcement of Cosmetic Product

BUSINESS OWNERS BEING ORGANIZATIONS AND INDIVIDUALS RESPONSIBLE FOR LAUNCHING COSMETIC PRODUCTS ON THE MARKET ARE ONLY ALLOWED TO PUT INTO CIRCULATION WHEN THE COMPETENT STATE AGENCIES APPROVE AND THE BUSINESS OWNERS MUST BEAR FULL RESPONSIBILITY FOR THE SAFETY, EFFICIENCY AND PRODUCT QUALITY. COMPETENT STATE AGENCIES WILL CONDUCT POST-TRADE TEST WHEN THE PRODUCTS ARE BEING SOLD TO THE MARKET.
Cosmetics are substances or preparations used in contact with the external parts of the human body (skin, hair, nails, lips and external genital organs) or the teeth and oral mucosa with the main purpose is to clean, perfume, change appearances, form, adjust body odor, or protect body or to keep the body in good condition.  The following will provide conditions and list of cosmetic types subject to mandatory annoucement.
1. Conditions to apply:
- Organizations and individuals responsible for launching the product into circulation on the market must have function to doing cosmetics business in Vietnam
- The announcement of the features of cosmetic products (intended use of the product) must satisfy the ASEAN guidelines on disclosure features of cosmetic products
2. Kinds of cosmetic that have to announce the distribution of cosmetics:
Kinds of cosmetic products must disclose the circulation of cosmetic products:
- Cream, emulsion, lotion, gel and oil for skin (hand, face, feet)
- Face mask (with the exception of chemistry peeling products)
- Tinted (liquid, paste, powder)
- Makeup powder, after shower powder, toilet powder
- Bath soap, deodorant soap
- Perfume, toilet perfume
- Products for bath or shower (salt, foam, oil, gel)
- Hair removal products
- Deodorants and anti-perspirants
- Shaving products (cream, foam, lotion)
- The makeup and makeup remover products for face and eyes
- Products used for lips
- Products for take caring teeth and mouth
- Products for nail care and adorn
- The products used to clean the outside
- Sun cream products
- Products for tanning without sun
- Skin whitening products
- Anti-wrinkle products
- Other products
Some products which are not classified as cosmetics:
Anti-mosquito products, air freshener, fabric softener, bleach, toilet, oxygen liquid, antiseptic alcohol 700, alcohol 900, denture cleaning products that are not exposed to the oral cavity, fake eyelashes, liquids to take care of eyes/nose/ears, against nasal congestion product, anti-snoring products, vaginal lubrication gel, ultrasound gel, the product in contact with the genital, rectal enema, anesthesia , reduce/control the swelling/edema, dermatitis treatment, allergy relief, anti-fungal, anti-virus products, stimulate hair/eyelash growth, the product removed/reduced fat/ reduced body size, weight loss products, prevent/stop hair growth products, stop sweating process, permanent tattoo ink, remove keloid scars reduction products, wound cleaning products.

Investment Incentives for IT area in Vietnam

VIETNAM IS ATTRACTING INVESTORS FROM AROUND THE WORLD TO MAKE INVESTMENT THROUGH SETTING UP IT SERVICE COMPANY IN VIETNAM
Since 2010, Vietnam has initiated and invested more resources in the information technology which has been realized as an area that could create a competitive edge for Vietnam.  Recently, the Vietnam government has put a legal frameworks to attract more investment in this area, with the issuance of Decree No.154/2013/ND-CP, taking effect from Jan 1st, 2014 guiding particularly on management of the focused information technology areas.
Accordingly, the enterprises at focused information technology areas will enjoy tax benefits i.e. income tax rate of 10% within 15 years, in some specific cases, extended to 30 years; exempt 50% within 5 continuous years. They are exempted the import tax when importing goods to build fixed properties, manufacture such as machines, equipment, parts, assembles.
Besides, these enterprises may enjoy convenient conditions in customs procedure, incentives in export tax, investment credit, import credit and favorable policies for enterprises business in high technology area.
The focused information technology area must have at least 2,000 employees specialized in information technology; in case of emphasizing in software manufacture, digital content, information technology service, 1,000 specialized employees will be employed at least. 

Construction Contract in Vietnam

COMPANIES SEEKING TO BUILD AN OFFICE BUILDING OR INDUSTRIAL FACILITY WORK WITH THE CONTRACTOR THROUGH A CONSTRUCTION CONTRACT.
There are several types of construction contract used in the construction industry depending on the level of control from parties involved in terms of investment, responsibilities and duration.
Fixed price is a type of construction contract that offer a total fixed priced for all construction related activities. This contract type could include incentives or benefits for early termination, or can also have penalties, called liquidated damages, for a late termination. This contract type is preferred when a clear scope and a defined schedule has been reviewed and agreed upon.
Cost plus contract is a type of construction contract involves payment of the actual costs, purchases or other expenses generated directly from the construction activity. This type of contract must contain specific information about certain pre-negotiated amount (some percentage of the material and labor cost) covering contractor’s overhead and profit. Costs must be detailed and should be classified as direct or indirect costs.
Time and material contract is usually preferred if the project scope is not clear, or has not been defined. The owner and the contractor must establish an agreed hourly or daily rate, including additional expenses that could arise in the construction process. The costs must be classified as: direct, indirect, mark-up, and overhead. Sometimes the owner might want to establish a cap or specific project duration to the contractor that must be met, in order to have the owner’s risk minimized.
If you need help in reviewing or drafting contract in Vietnam, please contact us at ant@antlawyers.vn or call + 848 35202779.
ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.

Simplifying the procedure for foreigner to reside in Vietnam

FOR FOREIGNERS WISHING TO COME TO VIETNAM TO WORK AND RESIDE TEMPORARILY, THEY NEED TO EITHER SET-UP A COMPANY IN VIETNAM OR WORK FOR OTHERS. THE OWNER OF THE COMPANY DOES NOT NEED A WORK PERMIT BUT STILL NEED TO APPLY FOR TEMPORARY RESIDENCE CARD.
However, the foreign employee will need the employer to sponsor the work permit in Vietnam before applying for temporary residence card. A recent draft law on entry, exit and residence of foreigner in Vietnam has been proposed with some changes. The draft regulates many open provisions on entry-exit procedure, temporary and permanent residence conditions for foreigner to reside in Vietnam. ANT Lawyers always follows the new updates about administrative procedures in Vietnam to provide our client with the best service.
The new draft law details conditions for granting the temporary residence card for foreigners working in Vietnam, rising term of this card from 3 year to 5 year. The foreigners’ category expands to scientists and specialists residing in Vietnam for the purpose of attracting international talents, the foreigners who don’t have any type of document proving nationality, and have resided in Vietnam before the year 2000. The foreigners holding temporary residence card must change card per periodically 10 years at the issuing offices. The draft law does not allow the foreigners to change the entry purpose, but allows them to supplement the purpose of belonging persons in some specific cases such as in term of diplomatic representative offices, consulate, international representative office of United Nations and students at universities, colleges, schools.
For more information or requirement of legal services to obtain temporary residence card in Vietnam, we could assist. ANT Lawyers, your lawyers in Vietnam.

4.02.2015

Criminal record in Vietnam

Criminal Record Cards provides criminal or judicial information about a person in Vietnam. The Vietnam law on criminal record governs the process to obtain the criminal records cards.


Accordingly, to obtain the Criminal Record cards in Vietnam, the applicant must apply at the provincial/ municipal Justice Department in Vietnam. For foreigners residing in Vietnam, he/she has to submit the request to the Department of Justice where he/she resides and receives the results at Justice Department.

Documents required are: i) the written application form; ii) certified photocopies of passports; iii) a copy of the permanent or temporary resident card in Vietnam; iv) authorization letter in case of authorized application for Criminal Record card (if the authorized persons are not the parents, spouse or children). The written authorization must be certified or authenticated in accordance with the law; v) application letter for granting Criminal Record.

During the process of applying for the Criminal Record, the applicant might has to work with the police agencies; the Court: in case there are not sufficient evidence at the police agencies to conclude that the applicant has no criminal records or the content of the applicant’s criminal records is not clear; People’s Committees of communes, wards and townships; agencies, organizations and agencies related proceedings: in case of coordination to verify the conditions of having his/her conviction automatically written off.

In practice, there are cases when the foreigner already left Vietnam and now he/she is in need of Criminal Record for the time he/she resided in Vietnam.  We have successfully assist clients in various cases.  If you have any inquiries, please contact us at ant@antlawyers.vn or call us at office tel +848 35202779.

Let ANT Lawyers help your business in Vietnam.

Forms of Disputes and Approaches to Settlement

Dispute in Vietnam could be between parties in business transaction, foreign investors and Vietnam government, or between countries in implementing international treaties.


The formation of market economy in Vietnam took place in the context of the development in the width and depth of the economic ties at a significant fast pace that make Vietnam an important part of the world supply chain.  Vietnam suppliers could sell the goods and services to the world and the foreign supplier could also export their goods and services to Vietnam market.  Further, as the Vietnam market opens up, foreign investors could invest through various forms of investments in Vietnam i.e. acquire equities in Vietnam companies, establish business in Vietnam.  During this process, disputes are an inevitable result which has been growing in scale and complexity.
Most should agree that disputes shall be construed as the dissent, inconsistencies or conflicts of interests, rights and obligations between the parties in the economic relations at different levels. Accordingly, economic disputes can have the following basic forms:
  1. Disputes in business are between the participants in a business transaction including investments, production to consumption of products or performance of services on the market for profit purposes i.e. professional and product liability, debt disputes over a business transaction, franchise disputes, intellectual property disputes, and disputes over contract for supply of goods or services…
  2. Disputes between foreign investors with Vietnam government agencies, arising in the implementation of the BTO, BT, BOT, and the implementation of international agreements on promotion and protection bilateral and multilateral investment i.e. government policy and policy measures, concession to water and sewerage, power or energy supply, project or contract payment…
  3. Disputes between countries in the implementation of the international bilateral and multilateral agreements.
In Vietnam, as the disputes arise, parties involved could consider resolving the matters through negotiation, mediation, arbitration, or taking court actions after taking consideration of various factors including cost, time, and the complexity of the disputes.  Litigation law firm in Vietnam with skillful dispute lawyers should be consulted to provide the suitable advice for dispute resolution.

For advise or service request, please contact us via email ant@antlawers.vn, or call +84 8 3520 2779 (HCMC Office), +84 4 39388751 (Hanoi Office).  To learn more about us, please visit www.antlawyers.vn

ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice.  We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions.  The firm provides a range of legal services as following to multinational and domestic clients.

This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

4.01.2015

COSMETIC PRODUCT INFORMATION DOSSIER

Vietnam Law provides that every cosmetic product must get a Product Information File (PIF) when delivered to the market in accordance with ASEAN’s instruction which is saved at the address of organizations or individuals who are responsible for putting the product on the market.


The Product Information File involves of the following 04 parts: administrative documents and a summary of product; material quality; product quality and safety, and efficiency.

The administrative documents and the summary of product of the Product Information File must immediately be presented to the agency of Consideration, Investigation when required; others, if inefficiently, must be presented within 15-60 days since the consideration day in regard to the functional agency’s request.



For advise or service request, please contact us via email ant@antlawers.vn, or call +84 8 3520 2779 (HCMC Office), +84 4 39388751 (Hanoi Office). To learn more about us, please visitwww.antlawyers.vn

This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

LEGAL INTERN POSITION HANOI


ANT LAWYERS IN HANOI RECRUITMENT

We are currently hiring Legal Intern Position for our law office in Hanoi.
Requirements:
  • LLB degree or last year student at law school;
  • Frequently update legal document;
  • English capability (speaking, reading, writting);
  • Work independantly.
Applicants to send resume with pictures via email: ant@antlawyers.vn.  We will contact suitable candidates.

ABOUT ANT LAWYERS:

ANT Lawyers is a Vietnam Law Firm with English Speaking Lawyers.  As a single, fully integrated, global partnership, we pride ourselves on our approachable, collegiate and team-based way of working.
We represent multinational and domestic clients, from industrial, commercial companies and individuals on the following areas:

AUTHORIZED REPRESENTATIVE OF THE COMPANY UNDER NEW LAW ON ENTERPRISES


IN ORDER TO RAISE THE STANDARD OF BUSINESS ENVIRONMENT IN VIETNAM, LAW ON ENTERPRISES 2015 REDUCED MANY ADMINISTRATIVE PROCEDURES OF ESTABLISHING AND RUNNING A BUSINESS, INCLUDING THE REPRESENTATIVE AUTHORIZATION OF THE MEMBER OR SHAREHOLDER OF THE COMPANY.
One of the distinguished amendments: authorized representative of the member or shareholder which is legal entity is not required to inform the licensing authority (i.e. Department of Planning and Investment).
Law on Enterprises 2015 provides that the appointment of an authorized representative must be made in written, notified to the Company and take valid from the receipt date of the Company while under Law on Enterprises 2005, the same must be registered at the licensing office.
In addition, any restrictions by the authorizing member on his/her authorized representative in the performance as member in the Members’ Council or shareholder in the Shareholders’ Meeting shall not enforce against the third party.
ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. The firm provides a wide range of legal services, including M&A, corporate establishment, business advisory, tax advisory, dispute resolution for multinational and domestic clients.
This publication is designed to provide updated information of legal matters, and does not constitute professional advice.
For further details, please contact us via email at ant@antlawyers.vn or call us on the phone at +84 8 3520 2779

ANNOUNCEMENT OF CHANGES OF MANAGEMENT


Law on Enterprise is one of the most important acts passed last year by Vietnam National Assembly which will take effect in 2015. In the newly released Law on Enterprises, several significant changes include: the company is required to inform changes in manager identity to the licensing authority if there is any changes in name, address, nationality, Identity Card number, Passport of the manager.
The manager of the company comprises:
1. Member of Management Board if the company is joint-stock company
2. Member of Control Board or controller
3. Director or General Director
The company shall report to the licensing authority (i.e Department of Planning and Investment) within 05 days from the date of change. Limited company, joint-stock company may have more than one representatives. Article 13 of the law states that limited company or joint-stock company may have one or more than representatives. The number of representatives, titles, rights and obligations of each representative are set out by the Company’s Charter. The company must ensure that at least one representative lives in Vietnam and that representative, if leaving Vietnam, must authorize another person in writing to perform on behalf of him. If the only representative of the company has been absent in Vietnam for more than 30 days, Mebers’ Council or Management Board must appoint another person to be the representative.
ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. The firm provides a wide range of legal services, including M&A, corporateestablishment, business advisory, tax advisory, dispute resolution for multinational and domestic clients. This publication is designed to provide updated information of legal matters, and does not constitute professional advice.
For further details, please contact us via email ant@antlawyers.vn or call us directly at +84 8 3520 2779.

FORMS OF COMPANY TO BE SET-UP IN VIETNAM



According the Vietnam Law on Enterprises, there are four common types of companies:
  • Private enterprise is an enterprise owned by an individual who is liable for all of its operations with his/her entire property;
  • Partnership is an enterprise in which (i) there are at least two partners who are co-owners of the company, jointly conduct business under one common name; in addition to general partners, there may also be limited partners; (ii) general partners to a partnership must be individuals who are liable for all obligations of the partnership with his/her own entire property; (iii) Limited partners shall be liable for debts of the partnership only to the extent of their capital contribution to the partnership;
  • Joint stock company is an enterprise where (i) Its charter capital is divided into equal portions known as shares; (ii) Shareholders may be organizations and/or individuals; the minimum number of shareholders shall be three and shall not be restricted to any particular maximum number; (iii) Its shareholders shall be liable for debts and other property liabilities of such enterprise within the limit of the value of their capital contribution to the enterprise; (iv) Shareholders shall be entitled to freely transfer their shares according to the provisions of law;
  • Limited liability company (multi-member limited liability company and single-member limited liability company). A one-member limited liability company is an enterprise which is owned by one organization or individual (hereinafter referred to as the company owner); the company owner is liable for debts and other property liabilities of the company within the charter capital of the company. A limited liability company is an enterprise of which: (i) Members may be organizations and/or individuals; the total number of members shall not exceed fifty; (ii) Members are responsible for debts and other property liabilities of the enterprise within the amount of capital that they have committed to contribute to the enterprise; (iii) Capital shares of the members may only be transferred in accordance with the provisions of law.
Our lawyers of foreign investment practice at ANT Lawyers are available to advise and provide client with service and representation in Vietnam.  In order to seek further advice or request service to set up company in Hanoi or Ho Chi Minh City, please contact us at ant@antlawyers.vn or call + 84 912 817 823.

NOTABLE CHANGES OF VIETNAM LAW ON ENTERPRISES



ON NOVEMBER 26TH, 2014, THE NEW VERSION OF LAW ON ENTERPRISES HAS BEEN ADOPTED BY VIETNAM’S NATIONAL ASSEMBLY. THE ACT WILL COME INTO EFFECT ON JULY 1ST, 2015 AND REPLACE LAW ON ENTERPRISES 2005. IT COMPRISES 10 CHAPTERS AND 213 ARTICLES, WHICH SEEK TO IMPROVE VIETNAMESE BUSINESS ENVIRONMENT. KEY POINTS OF THE AMENDMENT INCLUDE.
setting up company in vietnam
how to setting up business company in Vietnam
Company seals will be made optional
Pursuant to the prior Law on Enterprise, the Gorvernment shall stipulate the content of seals, conditions for making seals and regulations on seals usage. Now this regulation has changed under the new law. According to Article 44 of the new law, the company shall be entitled to decide the design, number and content of seals. The seals must supply the following information:
- Name of the company
- Tax number of the company Before using, the company must supply the seal sample to business registration office to post on National Portal of Business registration. The usage of seals must be in conformity with the company’s bylaw. Seals shall be used in case stipulated by law or agreed between transactional party.
 Limited company, joint-stock company may have more than one representatives
Article 13 of the law states that limited company or joint-stock company may have one or many representatives. The number of representatives, titles, rights and obligations of each representative are set out by the company’s bylaw. The company must ensure that at least one representative lives in Vietnam and that representative, if leaving Vietnam, must authorize another person in writing to perform on behalf of him.
The director or general director of joint-stock company will not be prohibited being concurrently the director or general director of another enterprise
Under the Law on Enterprises 2005, the director or general director of the company cannot be concurrently the director or general director of another enterprise. This regulation has been removed by the new amendment. The only exception is the one who is appointed by the state as owner representatives of state capital portions in state-invested enterprises.
ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. The firm provides a wide range of services, including M&A, corporate establishment, business advisory, tax advisory, dispute resolution for multinational and domestic clients.
This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. For further details or to contact the firm, please email ant@antlawyers.vnor call us at +848 35202779.

HOW TO DECLARE VAT FOR FOREIGN CONTRACTORS IN VIETNAM


Foreign Contractors are subject to tax for their income in Vietnam. On February 11, 2015, the Ministry of Finance signed the Decision No. 274/QD-BTC on publishing amendments and supplements of administrative procedures in the tax management under the Ministry of Finance’s authority.
Declare Tax for Foreign Contractors in Vietnam
Declare Tax for Foreign Contractors in Vietnam
Under this Decision, procedures of declaring tax for foreign contractors, foreign sub-contractors paying value added tax according to the direct method on value added tax, paying enterprise tax based on percentage of revenue for business operations and other incomes shall be amended and replaced. Specifically, foreign contractor, foreign sub-contractor shall prepare one dossier including tax declaration (according to the Form), copies of the Contract for Contractor/Sub-Contractor certified by the tax payer (for the first tax declaration of Contract for Contractor); Copy of Business License or Profession license certified by the tax payer and send to the Department of Taxation. Of which, tax declaration shall be made in each arising tax duty. Deadline for submitting the tax declaration document is no later than the tenth day since the day of arising tax duty. In the event that Vietnamese party pays for foreign contract many times in the month, it can be declared by month instead of making declarations for each time. Deadline for submitting the tax declaration document is no later than the twentieth day of the next month since the month of arising tax duty. This Decision takes effect on October 01, 2014.
For advise or service request, please contact us via email ant@antlawers.vn, or call +84 8 3520 2779 (HCMC Office), +84 4 39388751 (Hanoi Office).  To learn more about us, please visitwww.antlawyers.vn 
ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.
This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

SOME NOTABLE CHANGES IN VIETNAM ENTERPRISE LAW FROM JUL 2015

There have been a number of significant changes to the Vietnam law on enterprise to improve the business efficiency. Under this law, limited liability companies and joint stock companies may have one or more than one atlaw representative, of which at least one at-law representative resides in Vietnam. 

An enterprise shall ensure that at least one at-law representative resides in Vietnam. In case an enterprise has only one atlaw representative, such person must reside in Vietnam and shall, upon leaving Vietnam, authorize in writing another person to exercise the rights and perform the obligations of the at-law representative.





From July 01, 2015, enterprises may decide on the appearance, quantity and content of seal and before using a seal, an enterprise shall notify the seal specimen to the business registration agency for publicly posting on the national enterprise registration portal. These are significant contents as prescribed under the Law No. 68/2014/QH13 on Enterprises approved by the National Assembly on November 16, 2014. Another significant point is regulation on omission of business sectors in enterprise registration certificate. From July 01, 2015, enterprise name and identification number, head office address of the enterprise; charter capital and information of the at-law representative of the enterprise, information of the general partners for partnerships; of the enterprise owner for private enterprises… The at-law representative of an enterprise shall register the changes in the contents of the enterprise registration certificate within 10 working days after making the changes. After being granted an enterprise registration certificate, an enterprise shall publicly announce the enterprise registration on the National Enterprise Registration Portal within 30 days. This Law takes effect on July 1, 2015 and replaces the Law No. 60/2005/QH11 on Enterprises and June 20, 2013 Law No. 37/2013/QH13 amending and Supplementing Article 170 of the Law on Enterprises.


ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.



Commercial



Dispute Resolution


Debt Recovery


Employment


Foreign Investment


Intellectual Property


International Trade and Taxes


Infrastructure and Project


Civil Matter



This publication is designed to provide updated information of legal matters, and does not constitute professional advice.


For further details, please contact us via email ant@antlawers.vn, or call +84 8 3520 2779 (HCMC Office), +84 4 39388751 (Hanoi Office). To learn more about us, please visit www.antlawyers.vn