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

Hiển thị các bài đăng có nhãn Law firm in Vietnam. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn Law firm in Vietnam. Hiển thị tất cả bài đăng

9.26.2016

Revocation of the Work Permit


Cases that the work permit is revoked are:
a) The contents in the dossiers requesting for the issuance and re-issuance of work permit are fake;
b) The work permit has expired;
c) Foreign workers or employers do not comply with the contents stating in the work permit;
d) Termination of the labor contract;
e) The content of the labor contract is not true to the content of the work permit that has been issued;
f) The contracts or agreements on economic, trade, financial, banking, insurance, science and technology, culture, sport, education, vocational training, health care have expired or terminated;
g) There is document of the foreign party announced that they stopped sending foreign workers to work in Vietnam;
h) The employers terminate their business operations;
i) The foreign workers are imprisoned, dead or missing according to the statement of the Court;
k) The competent agency or organization request in written on the recall of work permit due to the violation of the provisions of the law of Vietnam by the foreign employees.



Department of Labor – Invalids and Social Affairs is authorized to revoke the work permit that has been granted.

9.13.2016

Decree 18/2015/ND-CP on Environmental Protection Issues

On February 14th 2015, the Government issued Decree 18/2015/ND-CP provides regulations on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan.


In particular, notably the new rules on environmental protection plan registration. Specifically, instead of setting up and registration of the environmental protection commitment as before, from April 1st 2015, the new investment projects, investment projects to expand the scale and increase the capacity of production facilities, investment and production plans that are not subject to environmental impact assessment will have to register their plans for environmental protection at the competent authority in accordance with law.
In case the project is located in 2 or more provinces, the registration of environmental protection plan should be made in one of the provincial People’s Committee at the request of the project owner.
Particularly for the catering service with the area under 200m2; commercial service, itinerant trading without fixed place; repair, maintenance services for household products; photocopy services, internet access services; animal farming with stables scale smaller than 50m2, seafood farming on a scale of smaller than 5,000m2 area of water; building office, guesthouse, hotel, tourist accommodation with scale smaller than 500m2 floor… are not subject to environmental protection plan registration.
One other notable content is the change in the object to perform environmental impact assessment. Accordingly, from April 1st 2015, only projects to build resort, sport and entertainment complex, golf course with the area from 10 hectares or more will have to implement environmental impact assessment instead of the regulation of 5 hectares or more as before; Similarly, projects to build supermarket, commercial center with floor area under 10,000m2 will not have to perform environmental impact assessment. Also from this date, the projects to build medical clinics and other health care facilities with scale of less than 50 beds will not have to perform environmental impact assessment as before…
This Decree takes effect from April 1st 2015.
ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at vietnam@praelegal.de or ant@antlawyers.vn or call the telephone at +848 35202779.
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8.31.2016

CAPITAL CONDITIONS IN AIR TRANSPORTATION BUSINESS


Air transportation is the conditional business line and conducted by air transportation enterprises. Air transportation business includes air transportation activity, advertising, marketing and sale of air transportation products on the market for the purpose of making profit.

Therefore, trading in this business line is subject to strict rules of law. The conditional business lines in the field of civil aviation are detailed in Decree 92/2016/ND-CP dated July 1st 2016.
Accordingly, in the field of air transportation, business must meet capital requirements as follows:
The minimum capital requirement to establish and maintain air transportation business:
  • Operating up to 10 aircrafts: 700 billion VND for enterprises engaging in international air transportation; 300 billion VND for enterprises only engaging in domestic air transportation;
  • Operating between 11 and 30 aircrafts: 1,000 billion VND for enterprises engaging in international air transportation; 600 billion VND for enterprises only engaging in domestic air transportation;
  • Operating more than 30 aircrafts: 1,300 billion VND for enterprises engaging in international air transportation; 700 billion VND for enterprises only engaging in domestic air transportation;
The minimum capital requirements to establish and maintain general air transportation business: 100 billion VND.
Air transportation business that has foreign investment must meet the following conditions:
  • The foreign parties take up less than 30% of charter capital;
  • Must have at least one Vietnam individual or legal entity hold the largest part of the charter capital. In case Vietnam legal entity has foreign investment capital, the foreign capital share should not exceed 49% of the charter capital of the legal entity.
The transfer of share and capital contribution of air transportation business without foreign investment to foreign investor shall be made only after 02 years from the date of issuance of the air transportation business license.
Enterprises have to send the share and capital transfer proposal to foreign investor to Civil Aviation Administration of Vietnam, which includes: The transferee, transfer condition, the number of transferring shares and capital contribution; Development plans for aircraft teams, business plan, development strategies referred to in Paragraph 1, Article 9 of the Decree 92/2016/ND-CP (if any).
Within 05 working days from the date of receiving the proposal from business, Civil Aviation Administration of Vietnam will report to the Ministry of Transportation the appraisal results.
Within 05 working days from the date of receiving the appraisal result report of the Civil Aviation Administration of Vietnam, the Ministry of Transportation will consider approval or disapproval and clearly state the reasons.
ANT Lawyers is a Vietnamese law firm in Vietnam with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing legal services or representation in Vietnam who are seeking reasonable and competitive solutions without compromising on service quality.

5.06.2015

Foreign Investors May Be Allowed to Hold 60% Shares

A new decision has been proposed to the Prime Minister with a number of changes that encourage foreign investors to make investment in Vietnam and in the meantime improve the financial market to catch up with international standard.

Foreign investors may be allowed to hold 60% shares
Foreign investors may be allowed to hold 60% shares
ANT Lawyers’ foreign investment practice always follow the change in legal environment to assist our client with the best service. First, foreign investors could own up to 60% of total voting right shares of a listed company.   The previous provisions only allow this ratio for strategic partners.  Secondly, the foreign investors may hold maximum 49% total voting right shares. The previous provision is 49% of charter capital.  Thirdly, for non-voting right shares, the foreign investors are not restricted to hold.  Fourthly, for fund certificate, the foreign investors may hold 100% for both close and open funds while the previous provision only allows 49% and restricts the foreign –owned in open funds.  Fifthly, foreign organizations business in securities may hold securities companies in Vietnam up to 100% Charter capital while in recent provision, maximum of 49% and 100% for the specific cases.
When the new Decision will have been officially issued, the securities market of Vietnam will be more open and attractive to foreign investors. As expected, impact will be increasing liquidation, opening the conditions to establish investment funds, changing the enterprise’s structure, developing the fund management companies, and as such developing the financial market with more options to invest and control the investment in Vietnam.
For further information or intensive advice, please contact ANT Lawyers, your securities lawyers in Vietnam via email ant@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.

4.02.2015

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

Work permit in Vietnam

Foreign employee working in Vietnam is required to have work permit issued by respective Department of Labour, War Invalids and Social Affairs (“DOLISA”) of province or city where the company that sponsor work permit registers the business.  


Failing to comply would lead to foreign workers to be deported by Vietnam Public Security at the request of DOLISA.  Vietnam Labour Code and Decree 102/2013/ND-CP effective on Nov 1st, 2013 provide details of the regulations on foreign employment in Vietnam.  It is suggested that companies wishing to employ foreign workers and foreign workers to counsel with employment lawyers in order to ensure compliance.  Our employment lawyers in Vietnam keep following up with the changes in labour regulations  in Vietnam to give our clients the best service.
As the current regulations, the foreign employee might be asked to present his/her work permit at entering or leaving Vietnam or when requested by government authority.  The companies seeking to employ foreign workers are only allowed to employ for managerial or technical positions which Vietnam employee could not meet the requirements of the jobs.  Before employment of foreign workers, the companies will have to report the demand to, and get the approval from the People’s Committee of the province or city where the employers register their business. 
The dossiers submitted to DOLISA have to include: i) application form; ii) health certificate; iii) certificate of criminal record; iv) document to prove managerial or technical experience; v) approval of People’s Committee; vi) passport size pictures; vii) passport; viii) and documents related to the purpose of foreign workers in Vietnam i.e. labour contract, assignment letter. The work permit is valid for two years.
In order to seek further advice, please contact us at ant@antlawyers.vn or call + 84 35202779.  ANT Lawyers, your lawyers in Vietnam.

3.29.2015

Debt recovery service

Recovering debts through court

- Taking legal action to reclaim a debt can be seen as a last resort, as often just the merest indication that you intend to bring legal proceedings will often be sufficient to make your customers settle. However, should your debt recovery processes fail, there are several points to consider before beginning any legal process.



- The court often expects your company to make an effort to resolve your dispute with the other party before your company’s legal action. Therefore a court hearing takes place only after your company has tried to reach an agreement with the customer.

Choosing a Lawyer

- Finding a lawyer can be a challenge, and personal recommendations are often a good way to decide. Before you make a decision, ask the following questions:
+ Is there any firm specialising in debt recovery?
+ Does the firm have a mediator or dispute resolution service that you can consider as an alternative option?
+ How will you be charged – a per hour rate plus expenses or by the percentage of the sum recovered?
+ If they do business on a 'no win, no fee' basis, are there any hidden costs? Will you have to pay court costs?

What we do

Our recovery team provides a one stop shop from initial advice through judgments and enforcement. We undertake all methods of enforcement including charging orders and insolvency action. The team provides commercial advice at every stage of the litigation procedure.

Our fee

We have a variety of reasonable fee packages for any considerable work and will discuss individual requirements. A one size fits all approach is not applied as each case is handled on its own merits.

  If you would like further information on Contract consultancy, please either email to our Partner

ant@antlawyers.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.

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.

3.28.2015

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.

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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.

3.26.2015

Mergers and Acquisitions

M&A activities in Vietnam are quite complicated due to their characteristics in terms of the nature of each enterprise's business entity and distinctive legal system of Vietnam, which often confuses many foreign investors. With the purpose of providing our clients with the best service and active support for their development strategies, not only is Ant Lawyer's team of lawyers and specialists required to be in possession of in-depth knowledge about such characteristics, but they also have to keep their insights into taxation, labor, intellectual properties, unfair competition, and any matter relating to M&A activities, always updated.


Our legal services in the area of Mergers & Acquisitions include:

Verification of the enterprise’s legal status with respect to taxation, debts, and labor, as well as its general business situation
Assessment of the enterprise’s financial situation
Advise on the negotiation, development and implementation of contracts
Participation in mergers & acquisitions negotiations
Consult on labor & employment arrangements
Consult on the financial methods facilitating mergers & acquisitions
Advice on the time limits, procedures, and conditions for the transfer and exchange of assets, transfer and exchange of capital contribution portions, shares and bonds of the enterprise merged into contributed capital, and shares and bonds of the enterprise accepting the merger
File all necessary paperwork following a merger or acquisition