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

12.11.2016

What lawyers should not promise

In Vietnam, the law has continuously played an important role in the life and contribute to protect and maintain the stability and development of society. In the trend of integration of the world economy, the role of the law has once again been confirmed with a new level in order to contribute to promoting the integration of Vietnam into world economy and opens a new opportunity for those who are practicing law in general and lawyers in particular in Vietnam.
In general, lawyer profession in Vietnam has been a noble profession for the purpose of contributing to the protection of justice, while contributing to the socio-economic development. In reflection, lawyers themselves take professionalism as the basic foundation of the profession, and should always have the responsibility to self-improve skills and widen knowledge in various areas to meet the growing demands as Vietnam develops i.e. corporate, commercial, investment, construction, environment, securities laws…etc.

Sometimes, when providing legal services to clients in handling disputes claim against damages for breach of contractual obligations, the customer has requested a lawyer to promise and guarantee the results of the dispute.
The lawyer, whom represents the client to protect the legitimate rights and interests of the client, has to follow the law, and the ethics. Responding to the request of the client to promise and guarantee the result, the lawyer shall refuse because the outcome of such will depend on the facts and legal grounds of the disputed matters in Vietnam.
The lawyer shall collect comprehensive information from the client then analyze possibilities of outcome. Lawyers should not promise the results or the percentage of success which could potentially lead to the wrong decision made by the client. If the results are not as customer’s expectation, it will be a great loss to the prestige, and the image of lawyers. A good lawyer will have the skills to analyze problems, look at the details, and propose solutions but cannot guarantee the outcome of a case. Each case is different and there are too many unknown factors, and the unanswered questions.
In a litigation case, the lawyers will tell the customers what they are facing, what the lawyers could do, the best situation and what is worst. Good lawyers will know how to analyze and clarify the issue. Both the client and the lawyer should have a positive attitude to solve the problems in regard to the disputing matters.



The only thing ANT Lawyers could promise in a dispute case is that we will follow the laws of Vietnam.

6.27.2016

HOW TO PROTECT TRADEMARK IN VIETNAM?

Trademark protection in Vietnam is initially obtained through trademark registration.


Trademark opposition could be filed to prevent a pending application for a mark from being granted application.  Litigation is the final measure to handle dispute during trademark protection in Vietnam.
Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patenttrademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.
The annual reports of the Vietnam National Office of Intellectual Property (NOIP) prove that trademark violation in Vietnam is the most popular, among other industrial property rights.  According to the preliminary annual report in 2011, and 2012, there has been more than 1,000 cases of trademark violations each year.  Report of 2013 shows more than 2,000 trademark infringements were handled with the total fines of trademark violators of around USD 1 million.  Having said that, it is important for trademark owner to register trademarks in Vietnam for better protection.  This is also suggested for even well-known trademarks.
For registration, trademark owner has two options: either directly register trademark in Vietnam by filling an application for registration with the Vietnam NOIP, or seek the protection in Vietnam through Madrid’s system.  For the first option, the trademark owner needs to prepare, file for registration, and pay fee as the requirement of Vietnam Intellectual Property law.  In case trademark needs to be protected in a number of nations, including Vietnam, trademark owner may register trademark through Madrid’s system.
Where the violation of trademark occurs, trademark owner needs to judge the level of infringement, level of damage to choose suitable resolutions.  Initially, the trademark owner may protect by requiring to the trademark violator to terminate the infringing acts, apologize, and rectify. In case of being damaged, trademark owners have rights to claim compensation.  If failing to reach result, trademark owner may use settlement mechanism through negotiation or mediation or could request the competent state agencies to handle acts of infringement through i.e. filling a denunciation application and submitting to the Vietnam NOIP.  Litigation might be required to handle acts of infringement.  Generally, the proceeding of civil litigation is more complex than the arbitration proceeding. In cases the trademark owner needs a decision from court in order to end trademark infringement, civil litigation is top priority. In the remaining cases, arbitration is a better choice with advantages of cheaper cost, shorter settling time, and more flexible.

4.24.2016

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.

4.02.2015

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

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.

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.

3.26.2015

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