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

7.31.2016

HOW PATENT ATTORNEY IN VIETNAM COULD HELP?

At ANT Lawyers, we provide Patent attorneys in Vietnam with 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.

DISPUTE SETTLEMENT IN INTERNATIONAL TRADE

In international trade, when drafting international contracts, the parties usually focus on the terms of payment and expense but little attention to terms of dispute settlement. Thus, the parties should be aware that the disagreements and disputes can arise at any time. Therefore, in the process of concluding an international economic agreement, the parties should note the provisions on the selection methods of dispute settlement if a dispute occurs. Currently, there are 4 dispute resolution methods in international trade as follows: negotiation, mediation, commercial arbitration and court.

  • Negotiation
Negotiation is a settlement method which is usually applied in international dispute settlement. In particular, the parties discuss together, struggle, compromise and agree to settle the dispute. The result of the negotiation is that the dispute could be resolve or not. Negotiation is conducted in two ways: The two parties directly meet each other to discuss and deal or one party submit complaint to the other party and the other party answers the complaint.
  • Mediation
Mediation is the method of resolving dispute between the parties through the role of a third party. Mediation can be accomplished by two ways: One is that the parties agree with each other about mediation, the mediator will be designated and conduct the mediation without following any rules of mediation. The second way is that the parties agree to conduct the mediation under rules of a professional organization or one specific arbitration institution, such as mediation rules of the International Chamber of Commerce (ICC).
  • Commercial arbitration.
Arbitration is a method of dispute settlement arising in trade activities that are agreed between the parties and carried out according to the order and proceedings. Presently, there are kinds of arbitration such as: ad hoc arbitration and permanent arbitration.
  • Court.
The 3 dispute settlement methods above are voluntary in nature. They are different from the dispute settlement in accordance with judicial procedures at court. The settlement of dispute by court is to resolve dispute through the activities of the State tribunals. Therefore, litigants in the dispute are often considered as a final solution to protect their legitimate interests. Especially, when there is a conflict, the parties will choose the form of trade negotiation or mediation rather than commercial arbitration or court.

PROPOSED TO REDUCE CORPORATE INCOME TAX TO 15 – 17%

The Ministry of Finance is drafting a report submitting to the Government on the implementation of Resolution 35/2016 of the Government on a number of solutions to remove difficulties and tax obstacles for small and medium enterprises.

Accordingly, the Ministry is expected to submit two plans to prepare for comments of the Parliament at the 2ndSession (October 2016). In which, there are two options. Option 1 is applying the general tax rate of 17% from January 1st 2016 until the end of 2020 for small and medium enterprises. Option 2 is applying the general tax rate of 15% from January 1st 2016 to 2020. The general tax rate which is currently applied is 20%.
In addition, the Ministry of Finance also proposed the plan to reduce the corporate income tax for newly established start-up businesses with investment projects in the fields of preference or in underdeveloped areas, rural areas: applying tax rate of 10% in 15 years; tax exemption for 4 years and reduce 50% of the tax payable in the next 9 years for new projects.
Concerning the handling of the tax debt, deferred payment and fines, the Ministry of Finance proposed debt relief but must ensure equality among economic sectors, non-discrimination; remove the deferred payment for cases caused by force majeure that does not have the money to pay tax; remove tax debt, deferred payment and fines for companies that were dissolved, bankruptcy, business individuals are dead or missing.

Legal Service for Mergers and Acquisitions ( M&A ) in Vietnam

Our commercial practice at ANT Lawyers helps clients with the following:
Incorporation service: advising on business structure, drafting documents, negotiation with local companies and authorities and obtaining licenses and approvals.

Post-licensing procedures: advising on the obtaining of various registration, approvals and permits for foreign invested companies in Vietnam.
Management: advising on the operation of the board of management of a joint venture company or a wholly foreign owned capital, the appointment of key management personnel.
Due diligence: reviewing documents and issuing due diligence reports on the legal status and operation of both domestic companies and foreign invested companies in Vietnam.
Commercial contracts: drafting, negotiating and amending many types of commercial contracts including lease agreements, sales and distribution agreements, agency agreements and service contracts.
Let ANT Lawyers help your business in Vietnam.                   
Please contact us for inquiries through email ant@antlawyers.vn or call our partner directly at  + 84 912 817 823.


7.28.2016

WHAT ADMIRALTY AND MARITIME LEGAL MATTERS IN VIETNAM INVOLVE?


Admiralty and maritime lawyers in Vietnam may represent and defend the interests of commercial ship owners and charters involving the total spectrum of maritime casualties, accidents and disputes which may arise in reference to commercial ocean shipping.
When legal proceeding arises from a maritime casualty or dispute admiralty and maritime lawyers in Vietnam commit the total range of the firm’s resources and therefore the intensive litigation expertise of our attorneys to attain the most effective potential outcome for the client. The attorneys additionally counsel ship owners, charters, marine insurers and clients on risk avoidance, regulative necessities and strategic legal solutions.
Additionally admiralty and maritime lawyers in Vietnam are frequently appointed by a broad vary of domestic and international marine insurance corporations directly or through our international partner law firms in UK, US and Australia to represent and defend the interests of their insureds in reference to casualties involving each commercial and recreational vessels.
An overview of the a number of the kinds of maritime claims, casualties and transactions that admiralty and maritime lawyers regularly handle is as following:
  • Casualty Defense, Investigation and Litigation
    • Collisions
    • Cargo damage
    • Personal injury and death (seamen, longshoremen and passengers)
    • Property damage
    • Product liability
    • Shipowner’s limitation of liability
  • Marine Liability Insurance
  • Commercial Disputes
    • Bills of Lading
    • Charter party disputes
    • Vessel mortgage foreclosure
  • General Average and Salvage Claims
  • Vessel Regulatory Matters
    • Regulatory compliance
    • Civil fines and penalties
    • Security issues
  • Maritime Contracts
    • Contracts of affreightment, bills of lading and charter parties
    • Drafting and advice
  • Recreational Boating
    • Injuries and Property Damage
    • Product Liability
    • Sales and documentation
    • Subrogation
ANT Lawyers has law been partnering with a number of UK, US, and Australian law firms in advising clients in admiralty and maritime in Vietnam.
Send us request via email at ant@antlawyers.vn or call us at +848 3522779.
Admilraty lawyers in Vietnam, Maritime lawyers in Vietnam, shipping lawyers in Vietnam, maritime law firm in Vietnam, Transport law firm in Vietnam

7.27.2016

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 VietnamDuring 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.

7.12.2016

LIST OF INVESTMENT SECTORS WITH CONDITIONS APPLIED TO FOREIGN INVESTORS

In general, investment is encouraged in Vietnam.  However, when setting up a company in Vietnam, foreign investors need to be aware of investment sectors with conditions applied to foreign investors in Vietnam.

The following sectors with investment conditions are issued with Decree 108/2006/ND-CP dated September 22nd 2006 of the Government on guiding the implementation of some Articles in the Law on Investment:
1. Radio and television.
3. Mining and mineral processing.
4. Set up telecommunication network infrastructures, broadcasting, provide telecommunications and internet services.
5. Construction of the public postal network, provide postal services, delivery services.
6. Construction and operation of river ports, sea ports, airports.
7. Transportation of goods and passengers by railway, airway, road, sea, inland waterway.
8. Fishing.
9. Tobacco production.
10. Real estate business.
11. Businesses in the field of export, import and distribution.
12. Education and training.
13. Hospital and clinic.
14. Other areas of investment in the international treaties to which Vietnam is a member that restricting the market access for foreign investors.
The investment conditions applicable to foreign investors with investment projects in the fields of investment provided with this list shall be in accordance with the provisions of the international treaties to which Vietnam is a member.
At ANT Lawyers, a law firm in Vietnam with offices in law office Hanoi and Ho Chi Minh City, we are available to assist clients in licensing and post-licensing matters to help clients with all questions and services in setting up and maintaining the company or other form of business entities in Vietnam. 

PATENT ATTORNEY IN VIETNAM

At ANT Lawyers, we provide patent attorneys in Vietnam with 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.
For advice and specific details in patent attorney in Vietnam, please contact us directly at ant@antlawyers.vn or call +84 912 817 823
Let ANT Lawyers help your business in Vietnam.

7.11.2016

Debt recovery law firm in Vietnam



We understand chasing late payment is costly and time consuming. At ANT Lawyers, a law firm in Vietnam with offices in Ho Chi Minh City and Hanoi, we could act on client’s behalf in dealing with the debtor, and in the meantime do a thorough research on debtors’ assets for payment obligations for evaluation of options to reclaim the debts. Debt recovery lawyers at ANT Lawyers Vietnam beside other legal profession skills are equipped with mediation, an alternative dispute resolution skill that helps handling disputes effectively and professionally. If pre-litigation efforts fail, we will look at an alternative strategy and taking legal actions will be the last resort.

We have experience in dealing with debt recovery cases for clients being exporters, insurance companies from EU, US, Canada, Australia, Hong Kong. ANT Lawyers is an exclusive Vietnam law firm member of Prae Legal, an international law firm network. We do act as Vietnam agent for one of the largest debt recovery specialist firms of its kind from the UK. ANT Lawyers is also an official member of World Mediation Organization, a global mediation organization in Berlin, Germany which foster and promote mediation practice throughout the world. Lawyers at ANT Lawyers regularly undertake training and seminar in mediation to public free of charge to promote the mediation practice in Vietnam.

If you need help in addressing debt recovery and litigation issues, please either email us at ant@antlawyers.vn or call to our office at: +84 8 35202779.

7.03.2016

HOW TO BUY APARTMENT IN VIETNAM

Real estate in Vietnam has passed the most difficult period and stabilized. But to satisfy the house demand of 90 million people, it’s need to have many changes in laws. ANT Lawyers will update the proposal of an expert in issue of definite ownership apartment.

As many other countries such as in England, the term to own an apartment of 999 years, but in Vietnam, only land has been assigned by the Government in 2 forms: permanent assignment and definite assignment.
In first method, permanent land assignment fell into residential land, and almost apartments were purchased in market with the “permanent” term.
In the second, lands were assigned within 50 years, the investors continued developing the projects. Some apartment projects in Ho Chi Minh city and Ha Noi belonged to this type. After the investors conducted procedures to transfer definite ownership apartment to permanent ownership apartment. Therefore, actually, the price of apartment will decrease if the form of definite ownership is applied.
Regulating the definite ownership of 50 -70 years for apartment will take advantages in reconstruction and improvement in case of degrading, usage expiry.
For more information or requirements on house laws, please contact ANT Lawyers.
ANT Lawyers, your lawyers in Vietnam.