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

4.24.2016

NEW VIETNAM REAL ESTATE DRAFT LAW GIVING MORE RIGHTS TO FOREIGNERS IN VIETNAM

ANT Lawyers’ real estate legal practice gives client legal advice on real estate legal matters in Vietnam.  We are keeping track with changes in the Vietnam legal environment to ensure giving our client the best advice.  



Real estate market in Vietnam is experiencing a difficult time.  The government has realized that there is a huge demand from the foreigners and oversea Vietnamese investing in Vietnam in owning real estate in Vietnam however the legal regulations on such matter have not yet encouraged them to make the investment.  
The Vietnam Ministry of Construction has enacted the fifth Draft of Law on Real Estate Business (amending), which regulates two new noteworthy provisions relating to the scope of real estate business of foreigners and Vietnamese overseas.
While the current regulations in Law on Real Estate 2006 only allow the foreign and oversea Vietnamese organizations, individuals to establish houses, construction works for sale, lease, lease-buy; to invest, reclaim land and set up facilities on the leased land for leasing.  The new Draft of Law on Real Estate expands the scope to i) rent houses, construction works in order to sub-lease; ii) foreign and oversea Vietnamese organizations or individuals operating in real estate area, foreign invested capital enterprises, branches, representatives of foreign enterprises, investment funds, branches of foreign banks currently operating in Vietnam are also permitted to rent, buy and own the office areas for their own work or for lease; to buy, rent, lease-buy houses according to Vietnam law on houses.
Our real estate lawyers in Vietnam have experience in the field of real estate and we have solutions for our client based on client’s unique situation.
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.


WORK PERMIT REGULATIONS IN VIETNAM UNDER DECREE NO. 102/2013/ND-CP

The Government has issued Decree No. 102/2013/ND-CP dated September 5, 2013 providing for the granting of work permits for foreign laborers to work in Vietnam.


According to this Decree, foreign workers who want to be granted a work permit are required to meet the five following conditions. First, the worker is capable of civil acts as prescribed by law. Second, the worker’s health is suitable for his or her job. Third, the worker is a manager, executive officer, expert, or technician. The foreign workers that provide medical examination and medical treatment in Vietnam, or work in education and vocational training must meet the conditions for provision of medical examination, medical treatment, education and vocational training of Vietnam’s law.  Fourth, the worker is not a criminal or liable to criminal prosecution according to Vietnam’s law and the foreign country’s law. Fifth, the employment of the foreign worker is approved in writing by a competent.  The employer will be responsible for apply application for work permit at least 15 working days before the day on which the foreign worker intends to start working, the employer shall submit the application for the work permit to the Service of Labor, War Invalids and Social Affairs of the province where the foreign worker works for the employer the whole time. Where the foreign worker does not work for the employer in the same province the whole time, the application for the work permit shall be submitted at the Service of Labor, War Invalids and Social Affairs of the province where the employer’s head office is situated.  The duration of a work permit shall not exceed 2 years, and follow the duration of Decree 102/2013/ND-CD also provides about the cases in which the work permit shall be reissued. Namely, these cases include when the work permit is lost, damaged, or the contents of the work permit such as name, date of birth, nationality, passport number, or workplace is changed and when the work permit.  The employers shall be responsible for apply application for reissuance of the work permit to Service of Labor, War Invalids and Social Affairs that issued it so as to obtain new work permit. For the cases of expiring, the duration of the work permit reissued does not exceed 02 years and follows the duration of particular situations. Where the work permit reissued in remaining cases, this duration is equal to the duration of the issued work permit minus the period of time the foreign worker has worked up to the day the application for the reissuance of the work permit is submitted.  Besides, this Decree also provides the cases in which the foreign worker is exempt from applying for the work permit such as foreign workers working as contributing member, or owners of limited liability company, coming to Vietnam with a period of less than 03 months to offer services.  The cases of revocation of the work permit and expelling the foreign workers also provided in this Decree.
In order to seek further advice, please contact us at ant@antlawyers.vn or call + 84 35202779.

4.21.2016

HOW TO SET-UP TRAVEL SERVICES BUSINESS IN VIETNAM

Foreign investor could only set-up joint venture with Vietnam travel agency to set-up travel services business in Vietnam because transport of passenger belongs to investment areas with conditions applied to foreign investor inVietnam.


Travel Services Business
Travel Services Business in Vietnam
No one could deny that information technology has tremendously changed the way travel services business operates.  The use of booking reservation system application on smartphone and internet are widespread that make travel has never been easier.   Foreign investor would be interested to explore the travel services market. However, 100% foreign owned company is not allowed to set-up in travel services business in Vietnam. As this investment area is conditional, it is advised that a law firm in Vietnam should be consulted to ensure compliance with local regulations.
The application process and documents requirements are briefly as following:
I. Required documents:
  1. Application for the International Travel Business License (form);
  2. Certificate of business registration (copy – certified)
  3. Business plan for the international travel agency;
  4. Tour schedule
  5. Proof of at least 4 years of experience in international travel business operations
  6. Certified copies of the tourist guides’ cards whereby at least 3 international tourist guides are required
  7. Confirmation of bank deposit (as per regulations);
  8. Proof of office premises or legally registered place of business
II. Business License Application Procedure
  1. Submission of the required documents to the correct authority (Department of Culture, Sports and Tourism of the province/city where the business is headquartered).
  2. The Department of Tourism of the province/city completes the records of appraisal and submits a written request with the agency’s records to the Minstry of Culture, Sports and Tourism in Vietnam within ten working days from the date of receipt of a valid application. When cases are not eligible for the proposed permit to the state agencies, the provincial tourism department shall cite the specific reasons for refusal.
  3. The state management agency of tourism (VNAT – Ministry of Culture, Sports and Tourism) is responsible for reviewing and licensing the international travel business within ten working days from the date of both receipt of the file and written request of the state agency of tourism in the province. In case of refusal, the ministry shall state the specific reasons to the state and provincial tourism authorities
III. Number of records
– Submission to the Department of Culture, Sports and Tourism: 01
– Tourism Authority Filed in: 01

HOW TO ESTABLISH A COMPANY IN VIETNAM

Foreign investors may invest in the form of 100% capital to establish a limited liability company, joint stock company, partnership company or other forms in investment in Vietnam.


Foreign investors that invest in Vietnam for the first time must have investment projects and fill in investment registration or examination procedures at state agencies in charge of investment in order to be granted investment registration certificates. Investment certificates shall concurrently be business registration certificates.  Company with 100% foreign capital has founded and operated from the date of issuance of the investment certificate.
A project dossier for establishing a company in Vietnam shall comprise:
  • Registration/Request for issuance of Investment Certificate;
  • A report on financial capability of the investor;
  • Draft of the company’s charter;
  • List of members of company: a) copy of the people’s identity card, passport or other lawful personal certification, for individual members; b) copy of the establishment decision, business registration certificate or other equivalent document, for member organizations; copies of the authorization document, the people’s identity card, passport or other lawful personal certification, for authorized representatives. Copies of the business registration certificates of the foreign member organizations must be authenticated within three months before the date of submission of the business registration dossier by agencies where such organizations are registered;
  • Written authorization of the investor in case investor is organization and valid copy of the lawful personal certification of the authorized representative. Documents in foreign languages must be translated into Vietnamese, notarized and legalized;
  • The joint-venture contract or Business Cooperation Contract (BCC);
  • Other documents required by Vietnam law.
The establishment of a company in Vietnam would take from 30 days.  The extra time might be needed in case theinvestment area is conditional or the State government needs to examine the investment project.  Minimum capital, special licenses or other conditions might be required in certain investment projects.

NEW VIETNAM REAL ESTATE DRAFT LAW GIVING MORE RIGHTS TO FOREIGNERS IN VIETNAM

ANT Lawyers’ real estate legal practice gives client legal advice on real estate legal matters in Vietnam.  We are keeping track with changes in the Vietnam legal environment to ensure giving our client the best advice.  

Vietnam real estate draft law
Vietnam real estate draft law
Real estate market in Vietnam is experiencing a difficult time.  The government has realized that there is a huge demand from the foreigners and oversea Vietnamese investing in Vietnam in owning real estate in Vietnam however the legal regulations on such matter have not yet encouraged them to make the investment.  
The Vietnam Ministry of Construction has enacted the fifth Draft of Law on Real Estate Business (amending), which regulates two new noteworthy provisions relating to the scope of real estate business of foreigners and Vietnamese overseas.
While the current regulations in Law on Real Estate 2006 only allow the foreign and oversea Vietnamese organizations, individuals to establish houses, construction works for sale, lease, lease-buy; to invest, reclaim land and set up facilities on the leased land for leasing.  The new Draft of Law on Real Estate expands the scope to i) rent houses, construction works in order to sub-lease; ii) foreign and oversea Vietnamese organizations or individuals operating in real estate area, foreign invested capital enterprises, branches, representatives of foreign enterprises, investment funds, branches of foreign banks currently operating in Vietnam are also permitted to rent, buy and own the office areas for their own work or for lease; to buy, rent, lease-buy houses according to Vietnam law on houses.
Our real estate lawyers in Vietnam have experience in the field of real estate and we have solutions for our client based on client’s unique situation.
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.

4.14.2016

WHICH FORM OF INVESTMENT – BRANCH OR COMPANY?

Foreign entities can set-up company or branch offices in Vietnam to carry out business activities.


There are several main different aspects between opening a branch office or establishing a foreign owned company in Vietnam.
  1. Conditions
  • Permits for establishment of Vietnam-based branches of foreign enterprise shall each have a valid term of five years.
  • Foreign enterprise must choose between establishing a 100% foreign capital enterprise or forming a joint-venture with domestic investor or company.
  1. Certificate
  • The Branch office needs to apply and obtain the operation license of a Branch;
  • A foreign owned company will need to apply and obtain the investment certificate (“IC”) to operate in Vietnam.
  1. Capital
  • Optional, foreign entity will decide how much money to invest in branch. The allocation capital for branch is capital for the subordinate units.
  • Mandatory, foreign entity will need to provide minimum capital as required by Vietnam Law in conditional investment area.
  1. Obligation of owner
  • For branch office in Vietnam, owner takes full responsibility;
  • For company, owner takes responsibility within the capital contributed into the company in Vietnam;
  1. Other matters
  • For branch office setting up in Vietnam, the procedure is less complicated compared to those for the establishment of a 100% foreign owned company;  the branch office is able to carry out trading and some other activities as stipulated by Vietnam laws and the WTO commitments which Vietnam enters.  The business lines of a branch have to be aligned with the business lines of the headquarter of the foreign entity.
  • Setting up foreign owned company would be more complicated than the setting up of the branch office, however this form of investment has more flexibility and freedom as it is a stand alone Vietnam entity recognized under Vietnam laws.

HOW PATENT ATTORNEY IN VIETNAM COULD HELP?

At ANT Lawyers, we provide Patent attorneys in Vietnamwith specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice in Vietnam.


The inventors may obtain a patent in Vietnam without the assistance of a patent lawyer if they wish. However, this is almost full of risks. Ignoring the complexity of filing the registration application, the primary concern is whether an inexperienced inventor can write an application which satisfies rules as the requirement of Vietnam Intellectual Property law.
It can be said that Vietnam intellectual property law and procedure on patent registration are complex. That’s why valuable legal rights can easily be lost if the patent application and prosecution of that application are not handled carefully and precisely by one skilled in such matters. Companies that file lots of patent applications use patent attorneys for a reason that you almost certainly will get a better patent if it is done by a patent attorney.
If the inventor does not work with a patent attorney, some of dangers may occur in registering patent in Vietnam as following:
  • Failure in providing enough file for patent registration;
  • Making inaccurate statement such as incorrect description;
  • Wasting time because the documents is not valid;
  • Loss of patent right because of other patents;
  • Loss of capability on exploiting economic from patent right;
With the above – mentioned risks, patent registration in Vietnam with the assistance of the patent attorney seem to be an effective way to ensure the client’s right.  The patent attorney in Vietnam may help clients obtain patent quickly. The inventor also save time to focus on their core specialization if they use patent filing service.
The patent attorney assist clients as following:
  • Advise about the procedure for registration prior submitting application;
  • Compile all forms related to patent registration procedure;
  • Prepare for registration dossier and conduct the registration;
  • Subscribe to the application already filed and report to clients on the status of the application;
  • Inform, advise and handle mission or refusal of Patent Agency;
  • Get Patent and hand over to clients after receiving patent from patent Agency;
  • Consult clients about the use of the invention, rights and obligations related to invention after successful registration.
All things become easy, convenient and safe if you get the assistance from a patent attorney in patent registration

COSMETIC REGULATIONS IN VIETNAM 2015 WEBINAR

ANT Lawyers has teamed up with Chemlinked, a cosmetics portal to organize a Webminar on the topic of “Overview of Cosmetics Regulations in Vietnam 2015” on May 27th, 2015.

You could register to attend the Webminar free of charge here.
Mr Tuan Nguyen, an attorney at law of ANT Lawyers, a law firm in Vietnam will walk you through the regulations of cosmetics in Vietnam in general in the endeavor to comply with the ASEAN harmonized cosmetics regulatory scheme signed off since 2003, the regulations on cosmetics labeling, cosmetics proclamation, cosmetics advertising, and the considerations for setting up a trading company in Vietnam to import and place the cosmetic products on the market for sales.
For further information or advice, please contact ANT Lawyers, your lawyers in Vietnam via emailant@antlawyers.vn or tel (848) 3520 2779.
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.

4.05.2016

WHY FOREIGNERS FIND IT DIFFICULT TO PURCHASE PROPERTIES IN VIETNAM?

The policy to open up the real estate market allowing foreigners to enter Vietnam and make investment in Vietnam through purchasing property is expected to warm up the real estate market and boost up the economy.

Our real estate lawyers in Vietnam have always followed the changes in regulations to update client.  Officially, from July 1st, 2015 the amendment of Housing Law will come into effect. The new provisions about foreign ownership of houses in Vietnam are the highlights of the Housing Law 2014. In the Housing Law 2014, there is a separate chapter which state clearly about application subjects, requirements, rights and duties of foreigners who are allowed to buy houses in Vietnam. The application subjects have been extended compared to those in the old rules. The new regulations of Housing Law make the real estate market in Vietnam warm up.
When the Housing Law 2014 officially comes into effect, the decree which is expected to give guidance on implementation will be enacted. The regulation regarding buying houses by foreigners will be included in a specific documents having details instructions. According to the lawmakers, the Housing Law 2014 will have tighter guidelines in matters of real estate purchased by foreigners.
However to date, there is not any legal documents enacted to give instructions about the new provisions and about the Housing Law 2014 in general. According to Law on Promulgation of legal documents in 2008, the validity of legal documents is stated in the documents, but not fewer than 45 days from the day of enactment. This is a gap in Vietnam Law when the new Housing Law could not implement due to the lack of instructions and that the Resolution No. 19/2008 / QH12 about a pilot regulations on buying houses by foreign organizations and individuals has expired. Therefore, under the new rules, on July 1st, 2015 foreigners would not be able to buy house in Vietnam yet. This delay creates a legal gap and brings about difficulties and confusion.
 For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, please visit www.antlawyers.vn 
 ANT Lawyers is a Vietnam law firm with international standards, recognized byIFLR1000 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.

Foreign Investment Law Firm in Vietnam

Our foreign investment practice at ANT Lawyers helps clients with the following:
Transactional structuring: advising on the possibility for foreign investors to obtain an investment licence in Vietnam and the selection of an appropriate investment vehicle in Vietnam such as a business co-operation contract, a joint venture company or to set up a company in Vietnam as a wholly foreign owned company.

Licensing requirements: drafting and negotiating all documents required for obtaining an investment licence for a foreign invested project, following up Vietnamese authorities for obtaining the investment licence and assisting to complete all post-licensing procedures.
Regulatory issues: advising on regulatory issues in relation to the operation of foreign invested projects in Vietnam including advertising and promotion of their products. Please contact us for inquiries through email ant@antlawyers.vn or call our partner directly at  + 84 912 817 823.
Let ANT Lawyers help your business in Vietnam.

Trademark opposition in Vietnam

Trademarks are an important part of client company’s competitive edge. We help you protect these valuable intellectual assets, through trademark registration, opposisions, and other trademark protection resolutions in Vietnam.  In particular, ANT Lawyers offers client services as following:
  • Trademark Availability Searches
  • Trademark Watch Service
  • Trademark Filings & Trademark Registrations
  • Renewals
  • Recordals of Amendments, Assignments, Merger Agreements, Licences
  • Filing Opposition & Responses
    Our 
    trademark attorneys in Vietnam will process client’s trademark registration by carrying out the following steps:
  • Providing our clients with cost estimates for searching and filing applications
  • Conducting comprehensive clearance searches including analysis about registration of the required trademarks and providing advice on the most appropriate and cost-effective method to obtain a clearance
  • Preparing and filing trademark applications, including obtaining appropriate legalisation of documents and translations (if applicable)
  • Responding to objections raised by Registrars and potential third party oppositions
  • Negotiating settlement agreements when necessary to overcome prior marks
  • Obtaining a Certificate of Trademark Registration once your trademark is approved
  • Recording changes in name and address of proprietor, assignments, licenses and renewals of trademarks
  • Provising solutions for trademark protection in Vietnam.
Please contact our trademark attorneys in Vietnam for advice via email ant@antlawyers.vn or call us at +84 912 817 823.
Let ANT Lawyers help your business in Vietnam.

4.04.2016

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.
To get the best advice for announcing cosmetic products procedures in Vietnam, please contact us atant@antlawyers.vn or call us at + 84 835202779.  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.

HIGH-TECH CRIME IN VIETNAM

The Vietnam Public Security have arrested a number of foreigners using of fake ATM cards to withdraw money in Vietnam in both Hanoi and Ho Chi Minh City.


Through the Vietnam Foreign Affairs Department, the Public Security will inform the respective foreign Consulate in Vietnam and the family of the foreigners commited crime to invite lawyers in Vietnam to cooperate during the investigation, prosecution and trial process in Vietnam.
It has been reported recently that some criminal organizations abroad have selected Vietnam as a place to perform illegal acts.  The act of using internet network and high- tech system to steal money in credit cards, in ATM machines to spend in Vietnam or convert them into foreign currency to bring abroad are getting more common.  Unauthorized intrusion into the database of key economic sectors such as postal , telecommunications, banking, and websites to steal information, domain name, credit card to make online purchase or usage of fake ATM cards to withdraw cash from ATM machines in Vietnam are violation of Vietnam Criminal Code.
Currently, under the provisions of the Vietnam Criminal CodeArticle 224, 225 and 226 are governing the violations in the field of high-tech crime. Article 224 governs the acts to create and spread virus information; Article 225 governs the breach of operation, and usage of electronic computers; and Article 226 governs the unauthorized usage of information online and in computers. As the high-tech crime has no borders and gets more sophisticated, the Vietnam law experts are calling for a stricter sanctions to deter and prevent it from spreading.
However the Vietnam law experts have also admitted that the current Vietnam Penal Code also have limitations due to the high-tech’s complexity in nature resulting in difficulties for Vietnam Procedure Conducting Agencies at Public Security’s Investigation Agency, Public Prosecutor, and High Court of Vietnam.