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:

• Commercial
• Dispute Resolution
• Debt Recovery
• Employment
• Foreign Investment
• Intellectual Property
• International Trade and Taxes
• Infrastructure and Project
• Civil Matters

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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

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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.

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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.

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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.

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.

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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

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.

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.

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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

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