Set-up Representative Office in Vietnam

A foreign business entity or a foreign trader is allowed to establish Representative Office in Vietnam.

Representative office of a foreign business entity in Vietnam (referred as “Representative Office”) means a subsidiary unit of the foreign business entity, established in accordance with the law of Vietnam in order to survey markets and to undertake a number of commercial enhancement activities permitted by the law of Vietnam.

Set-up representative office in Vietnam

Representative Office will need to apply and obtain the establishment license; and have a seal bearing the name of the representative office.

Representative Office is not allowed to directly conduct profit making activities in Vietnam (i.e: the execution of contracts, direct payment or receipt of funds, sale or purchase of goods, or provision of services), but the representative Office is permitted to

• To operate strictly in accordance with the purposes, scope and duration stated in the license for establishment of such representative office;
• To rent offices and to lease or purchase the equipment and facilities necessary for the operation of the Representative Office;
• To recruit Vietnamese and foreign employees to work for the Representative Office in accordance with the law of Vietnam;
• To open accounts in foreign currency and in Vietnamese Dong sourced from foreign currency at banks which are licensed to operate in Vietnam, and to use such accounts solely for the operation of the Representative Office.

ANT Consulting is here to assist you from the outset; providing intelligence, information, management or support and administrative services that assist market entrance, and ensure efficient business start-up operation.  Our services are as following:

• Market Entry
• Tax Advice
• Legal Advice
• Outsourcing Services

We strive to save your cost by guiding you towards economical solutions that comply with local legislation and procedures. We support you through early logistic solutions and carry you through as your business grows.  We aim to bridge the gap between international best practices and local cultures and assist foreign companies and organizations entering Vietnam market to overcome commercial and regulatory issues.

We could be reached at email: ant@antconsult.vn or call +848 3520 2779 (HCMC Office), +844 39388751 (Hanoi Office).  To learn more about us, please visit www.antconsult.vn

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Copyright Consultant in Vietnam

Under Intellectual Property Law of Vietnam, invention is a technical solution which must be of worldwide novelty, involves inventive steps and is applicable in various social and economic fields.

Copyright Consultant in Vietnam

The subject of invention and utility solution may be a device, process, substance, microorganisms, cell culture, and use thereof in accordance with a new function. Subject shall not be protected as inventions include: plant or animal varieties; method for prevention, diagnosis or treatment of diseases in human being, animals or plants; topographical design of integrated circuits; computer programs.
ANT Lawyers provides clients patent services as following:
Advise legal matters and the patent-ability of inventions and utility solutions in Vietnam and in abroad;
Conduct patent search and provide information on invention or utility solution, advice measures to protect patent or utility solution in Vietnam and abroad;
Complete the applications (including translating, writing patent description, preparing illustrative drawings of patent) and file to register invention license or utility solution;
Enforce the invention or utility solution rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.
Advise matters related to maintenance, payment of maintenance fee; recording of all changes of patent application/registrations;
Draft, evaluate, register usage or ownership transfer of contracts on invention or utility solution;
For advice and specific details in each case, please contact us directly at ant@antlawyers.vn or call +84 912 817 823
Let ANT Lawyers help your business in Vietnam.

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Investment law firm in Vietnam

Our foreign investment practice at ANT Lawyers helps clients with the following:
Transactional structuring: advising on the possibility for foreign investors to obtain an investment licence in Vietnam and the selection of an appropriate investment vehicle in Vietnam such as a business co-operation contract, a joint venture company or to set up a company in Vietnam as a wholly foreign owned company.

Investment law firm in Vietnam

Licensing requirements: drafting and negotiating all documents required for obtaining an investment licence for a foreign invested project, following up Vietnamese authorities for obtaining the investment licence and assisting to complete all post-licensing procedures.
Regulatory issues: advising on regulatory issues in relation to the operation of foreign invested projects in Vietnam including advertising and promotion of their products. Please contact us for inquiries through email ant@antlawyers.vn or call our partner directly at + 84 912 817 823.
Let ANT Lawyers help your business in Vietnam.

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International law firm in Vietnam

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network.

International law firm in Vietnam 

Prae Legal Network provides clients with access to global legal resources through its vast network of well-established 242 law offices in trade centers in129 countries.
Our respectable and influential professionals are experienced in all fields of law. We are ready to provide legal solutions to companies and people all around the world for their legal needs. We can help when you would do business transactions in the most challenging parts of the world.
Prae Legal provides comprehensive legal expertise in almost all major practice and industry areas. We have general and subject specific legal expertise that could be applied to different needs of each industry. An industry will be interested in legal developments affecting its own business and legal environment.
For Vietnam legal matters or services, the client could reach the Vietnam law firm members via email at vietnam@praelegal.com or ant@antlawyers.vn or contact the Vietnam law firm member directly via office telephone at +848 35202779.
We have the ability to provide in depth legal assistance in the following practice areas:

Agricultural & Agribusiness
Antitrust, Competition and Trade Group
Automotive
Aviation
Banking and Financial Services
Business Crimes and Compliance
Capital Markets
Construction and Infrastructure
Corporate Organizations and Securities
Employee Benefits and Pensions
Employment and Labor Law
Energy and Natural Resources
Environmental
Government Affairs
Health Care Industries
Immigration
Insolvency, Bankruptcy and Restructuring
Insurance and Reinsurance
Intellectual Property
Life Sciences
Litigation, Arbitration and Dispute Resolution
Media, Entertainment and Sports
Mergers and Acquisitions
Private Equity
Project Finance
Real Estate
Tax
Technology, Outsourcing and Privacy
Telecommunications
Products Liability and Toxic Tort
Trademarks, Copyrights, Trade Secrets and Unfair Competition
Product Liability and Product Safety
Cross-Border Transactions
E-Commerce & Technology
Product Liability and Product Safety

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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

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.

Commercial

Dispute Resolution

Debt Recovery

Employment

Foreign Investment

Intellectual Property

International Trade and Taxes

Infrastructure and Project

Civil Matter

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Mandatory Announcement of Cosmetic Product

BUSINESS OWNERS BEING ORGANIZATIONS AND INDIVIDUALS RESPONSIBLE FOR LAUNCHING COSMETIC PRODUCTS ON THE MARKET ARE ONLY ALLOWED TO PUT INTO CIRCULATION WHEN THE COMPETENT STATE AGENCIES APPROVE AND THE BUSINESS OWNERS MUST BEAR FULL RESPONSIBILITY FOR THE SAFETY, EFFICIENCY AND PRODUCT QUALITY. COMPETENT STATE AGENCIES WILL CONDUCT POST-TRADE TEST WHEN THE PRODUCTS ARE BEING SOLD TO THE MARKET.

Cosmetics are substances or preparations used in contact with the external parts of the human body (skin, hair, nails, lips and external genital organs) or the teeth and oral mucosa with the main purpose is to clean, perfume, change appearances, form, adjust body odor, or protect body or to keep the body in good condition.  The following will provide conditions and list of cosmetic types subject to mandatory annoucement.

1. Conditions to apply:

- Organizations and individuals responsible for launching the product into circulation on the market must have function to doing cosmetics business in Vietnam

- The announcement of the features of cosmetic products (intended use of the product) must satisfy the ASEAN guidelines on disclosure features of cosmetic products

2. Kinds of cosmetic that have to announce the distribution of cosmetics:

Kinds of cosmetic products must disclose the circulation of cosmetic products:

- Cream, emulsion, lotion, gel and oil for skin (hand, face, feet)

- Face mask (with the exception of chemistry peeling products)

- Tinted (liquid, paste, powder)

- Makeup powder, after shower powder, toilet powder

- Bath soap, deodorant soap

- Perfume, toilet perfume

- Products for bath or shower (salt, foam, oil, gel)

- Hair removal products

- Deodorants and anti-perspirants

- Shaving products (cream, foam, lotion)

- The makeup and makeup remover products for face and eyes

- Products used for lips

- Products for take caring teeth and mouth

- Products for nail care and adorn

- The products used to clean the outside

- Sun cream products

- Products for tanning without sun

- Skin whitening products

- Anti-wrinkle products

- Other products

Some products which are not classified as cosmetics:

Anti-mosquito products, air freshener, fabric softener, bleach, toilet, oxygen liquid, antiseptic alcohol 700, alcohol 900, denture cleaning products that are not exposed to the oral cavity, fake eyelashes, liquids to take care of eyes/nose/ears, against nasal congestion product, anti-snoring products, vaginal lubrication gel, ultrasound gel, the product in contact with the genital, rectal enema, anesthesia , reduce/control the swelling/edema, dermatitis treatment, allergy relief, anti-fungal, anti-virus products, stimulate hair/eyelash growth, the product removed/reduced fat/ reduced body size, weight loss products, prevent/stop hair growth products, stop sweating process, permanent tattoo ink, remove keloid scars reduction products, wound cleaning products.

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Investment Incentives for IT area in Vietnam

VIETNAM IS ATTRACTING INVESTORS FROM AROUND THE WORLD TO MAKE INVESTMENT THROUGH SETTING UP IT SERVICE COMPANY IN VIETNAM

Since 2010, Vietnam has initiated and invested more resources in the information technology which has been realized as an area that could create a competitive edge for Vietnam.  Recently, the Vietnam government has put a legal frameworks to attract more investment in this area, with the issuance of Decree No.154/2013/ND-CP, taking effect from Jan 1st, 2014 guiding particularly on management of the focused information technology areas.

Accordingly, the enterprises at focused information technology areas will enjoy tax benefits i.e. income tax rate of 10% within 15 years, in some specific cases, extended to 30 years; exempt 50% within 5 continuous years. They are exempted the import tax when importing goods to build fixed properties, manufacture such as machines, equipment, parts, assembles.

Besides, these enterprises may enjoy convenient conditions in customs procedure, incentives in export tax, investment credit, import credit and favorable policies for enterprises business in high technology area.

The focused information technology area must have at least 2,000 employees specialized in information technology; in case of emphasizing in software manufacture, digital content, information technology service, 1,000 specialized employees will be employed at least. 

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