Construction Contract in Vietnam

COMPANIES SEEKING TO BUILD AN OFFICE BUILDING OR INDUSTRIAL FACILITY WORK WITH THE CONTRACTOR THROUGH A CONSTRUCTION CONTRACT.

There are several types of construction contract used in the construction industry depending on the level of control from parties involved in terms of investment, responsibilities and duration.

Fixed price is a type of construction contract that offer a total fixed priced for all construction related activities. This contract type could include incentives or benefits for early termination, or can also have penalties, called liquidated damages, for a late termination. This contract type is preferred when a clear scope and a defined schedule has been reviewed and agreed upon.

Cost plus contract is a type of construction contract involves payment of the actual costs, purchases or other expenses generated directly from the construction activity. This type of contract must contain specific information about certain pre-negotiated amount (some percentage of the material and labor cost) covering contractor’s overhead and profit. Costs must be detailed and should be classified as direct or indirect costs.

Time and material contract is usually preferred if the project scope is not clear, or has not been defined. The owner and the contractor must establish an agreed hourly or daily rate, including additional expenses that could arise in the construction process. The costs must be classified as: direct, indirect, mark-up, and overhead. Sometimes the owner might want to establish a cap or specific project duration to the contractor that must be met, in order to have the owner’s risk minimized.

If you need help in reviewing or drafting contract in Vietnam, please contact us at ant@antlawyers.vn or call + 848 35202779.

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.

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Simplifying the procedure for foreigner to reside in Vietnam

FOR FOREIGNERS WISHING TO COME TO VIETNAM TO WORK AND RESIDE TEMPORARILY, THEY NEED TO EITHER SET-UP A COMPANY IN VIETNAM OR WORK FOR OTHERS. THE OWNER OF THE COMPANY DOES NOT NEED A WORK PERMIT BUT STILL NEED TO APPLY FOR TEMPORARY RESIDENCE CARD.

However, the foreign employee will need the employer to sponsor the work permit in Vietnam before applying for temporary residence card. A recent draft law on entry, exit and residence of foreigner in Vietnam has been proposed with some changes. The draft regulates many open provisions on entry-exit procedure, temporary and permanent residence conditions for foreigner to reside in Vietnam. ANT Lawyers always follows the new updates about administrative procedures in Vietnam to provide our client with the best service.

The new draft law details conditions for granting the temporary residence card for foreigners working in Vietnam, rising term of this card from 3 year to 5 year. The foreigners’ category expands to scientists and specialists residing in Vietnam for the purpose of attracting international talents, the foreigners who don’t have any type of document proving nationality, and have resided in Vietnam before the year 2000. The foreigners holding temporary residence card must change card per periodically 10 years at the issuing offices. The draft law does not allow the foreigners to change the entry purpose, but allows them to supplement the purpose of belonging persons in some specific cases such as in term of diplomatic representative offices, consulate, international representative office of United Nations and students at universities, colleges, schools.

For more information or requirement of legal services to obtain temporary residence card in Vietnam, we could assist. ANT Lawyers, your lawyers in Vietnam.

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Criminal record in Vietnam

Criminal Record Cards provides criminal or judicial information about a person in Vietnam. The Vietnam law on criminal record governs the process to obtain the criminal records cards.

Accordingly, to obtain the Criminal Record cards in Vietnam, the applicant must apply at the provincial/ municipal Justice Department in Vietnam. For foreigners residing in Vietnam, he/she has to submit the request to the Department of Justice where he/she resides and receives the results at Justice Department.

Documents required are: i) the written application form; ii) certified photocopies of passports; iii) a copy of the permanent or temporary resident card in Vietnam; iv) authorization letter in case of authorized application for Criminal Record card (if the authorized persons are not the parents, spouse or children). The written authorization must be certified or authenticated in accordance with the law; v) application letter for granting Criminal Record.

During the process of applying for the Criminal Record, the applicant might has to work with the police agencies; the Court: in case there are not sufficient evidence at the police agencies to conclude that the applicant has no criminal records or the content of the applicant’s criminal records is not clear; People’s Committees of communes, wards and townships; agencies, organizations and agencies related proceedings: in case of coordination to verify the conditions of having his/her conviction automatically written off.

In practice, there are cases when the foreigner already left Vietnam and now he/she is in need of Criminal Record for the time he/she resided in Vietnam.  We have successfully assist clients in various cases.  If you have any inquiries, please contact us at ant@antlawyers.vn or call us at office tel +848 35202779.

Let ANT Lawyers help your business in Vietnam.

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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.

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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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.

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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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