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

8.25.2016

TAX OBLIGATIONS FOR FOREIGN ENTITY DOING BUSINESS IN VIETNAM

The applicable taxes including value added tax (VAT), corporate income tax (CIT) and personal income tax (PIT).

On August 6th 2014, the Ministry of Finance issued Circular No. 103/2014/TT-BTC guiding the implementation of tax obligations that are applicable to foreign organizations and individuals doing business in Vietnam or having incomes generated in Vietnam.
Taxpayers: foreign contractors, foreign subcontractors; organizations established and operated under the law of Vietnam, organizations register to operate under the law of Vietnam, other organizations, individuals producing and trading.
The applicable taxes including value added tax (VAT), corporate income tax (CIT) and personal income tax (PIT).
Taxable income of foreign contractors and foreign subcontractors is income derived from the provision and distribution of goods; provision of service, service in association with goods in Vietnam on the basis of the contractor contract and subcontractor contract.
CIT Payable
=
Revenue subject to CIT
x
CIT rate calculated on taxable turnover
Subjects liable for VAT: services or services associated with goods provided by foreign contractors, foreign subcontractors on the basis of the contractor contract, subcontractor contract to use for manufacturing, trading and consumption in Vietnam.
Incomes arising in Vietnam of foreign contractors and foreign subcontractors are earnings received in any forms on the basis of the contractor contract, subcontractor contract (except for cases specified in Article 2, Chapter I of this Circular), regardless of the place conducting business operations of foreign contractors and foreign subcontractors.
Circular specifically instruct the following cases:
1. Pay VAT by deduction method; pay CIT on the basis of cost and revenue declaration to determine taxable income.
2. Pay VAT and CIT by percentage on turnover.
3. Pay VAT by deduction method; pay VAT by percentage on turnover.
Issued together with Circular 103 is the tax declaration form for foreign contractor.
This Circular takes effect from October 1st 2014, replaces Circular No. 60/2012/TT-BTC dated April 12th2012 of Ministry of Finance guiding the implementation of tax obligation applicable to the foreign organizations and individuals doing business in Vietnam or having income in Vietnam.

8.24.2016

BUSINESS CONDITIONS FOR CONDOMINIUM MANAGEMENT TRAINING SERVICE

On July 1st 2016, the Government issued Decree No. 79/2016/ND-CP guiding the business of training service, improving the professional knowledge, management profession and operation of condominium.

Accordingly, organizations and individuals providing the above services must fully satisfy the 05 following conditions:
– First, the organization was established and operating in Vietnam; has the function of vocational training or college, university or postgraduate education as prescribed.
– Second, has facility and classroom to ensure sufficient seat for students and location for student to practice on professional knowledge and practice.
– Third, has syllabus or teaching materials consistent with training framework program that promulgated by the Ministry of Construction.
– Fourth, has a minimum of 40% of the teachers on the payroll or a contract of indefinite term (has social insurance contribution) in accordance with the training framework program under the guidance of the Ministry of Construction.
– Fifth, being recognized by the Ministry of Construction or the agency authorized by the Ministry of Construction as qualifying for business of condominium management training service.
In addition, this Decree also provides for conditions for business of real estate brokerage practice training service as follows:
– First, the organization was established and operating in Vietnam; has the function of vocational training or college, university or postgraduate education as prescribed.
– Second, has facility and classroom to ensure sufficient seat for students and location for student to practice on knowledge of real estate brokerage and administration of real estate trading floor.
– Third, has syllabus or teaching materials consistent with training framework program that promulgated by the Ministry of Construction.
– Fourth, has a minimum of 30% of the teachers on the payroll or a contract of indefinite term (has social insurance contribution) in accordance with the training framework program under the guidance of the Ministry of Construction.
Decree No. 79/2016/ND-CP officially takes effect upon signing.

For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, visit www.antlawyers.vn.

8.23.2016

HOW PATENT ATTORNEY IN VIETNAM COULD HELP?


At ANT Lawyers, we provide Patent attorneys in Vietnam with specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice in Vietnam.

The inventors may obtain a patent in Vietnam without the assistance of a patent lawyer if they wish. However, this is almost full of risks. Ignoring the complexity of filing the registration application, the primary concern is whether an inexperienced inventor can write an application which satisfies rules as the requirement of Vietnam Intellectual Property law.
It can be said that Vietnam intellectual property law and procedure on patent registration are complex. That’s why valuable legal rights can easily be lost if the patent application and prosecution of that application are not handled carefully and precisely by one skilled in such matters. Companies that file lots of patent applications use patent attorneys for a reason that you almost certainly will get a better patent if it is done by a patent attorney.
If the inventor does not work with a patent attorney, some of dangers may occur in registering patent in Vietnam as following:
  • Failure in providing enough file for patent registration;
  • Making inaccurate statement such as incorrect description;
  • Wasting time because the documents is not valid;
  • Loss of patent right because of other patents;
  • Loss of capability on exploiting economic from patent right;
With the above – mentioned risks, patent registration in Vietnam with the assistance of the patent attorney seem to be an effective way to ensure the client’s right.  The patent attorney in Vietnam may help clients obtain patent quickly. The inventor also save time to focus on their core specialization if they use patent filing service.
The patent attorney assist clients as following:
  • Advise about the procedure for registration prior submitting application;
  • Compile all forms related to patent registration procedure;
  • Prepare for registration dossier and conduct the registration;
  • Subscribe to the application already filed and report to clients on the status of the application;
  • Inform, advise and handle mission or refusal of Patent Agency;
  • Get Patent and hand over to clients after receiving patent from patent Agency;
  • Consult clients about the use of the invention, rights and obligations related to invention after successful registration.

All things become easy, convenient and safe if you get the assistance from a patent attorney in patent registration.

8.21.2016

Vietnam's M&As to hit a record high of $6bln in 2016

Foreign retailers are flooding into the country as consumer spending is set to grow 47 percent in the next four years.

The number of announced mergers and acquisitions (M&A) over the past five years is valued at $18 billion, according to the Ministry of Investment and Planning.
M&A deals in 2015 increased 40 percent from 2014 with total value of $4.3 billion, according to data released by Institute of Mergers, Acquisitions and Alliances.
Vietnamese mergers and acquisitions, after having reached the value of $3.2 billion in the first seven months of this year, are expected to hit $6 billion for the whole year, beating last year’s record as foreign investors have shown increasing interest in the country’s booming retail sector spurred by strong economic growth.

Emerging retail market
Vietnam’s retail market has grown at roughly 10 percent per year in recent years. The market is forecast to reach $109 billion in sales next year, according to the Economist Intelligence Unit. The country has also climbed up to 11th place on the A.T. Kearny 2016 Global Retail Development Index, which indentifies the world’s top 30 retail markets with the most potential investment opportunities.
Retailers have seen Vietnam’s relatively young population and expanding middle class as the main drivers of robust retail market growth. Almost 60 percent of Vietnam’s population of 93 million people are under 35 with rising incomes, averaging $2,111 last year, according to World Bank data.
EuroMonitor International predicts that Vietnam’s consumer spending is about to grow 47 percent in the next four years to $184.9 billion.
The World Bank forecast Vietnam’s $200 billion economy is likely to grow to a trillion dollars by 2035 with more than half of its population, compared with only 11 percent today, expected to join the ranks of the global middle class with consumption of $15 a day or more.
As incomes rise, people are also shifting shopping habits. Spending at modern supermarkets, convenience stores, and shopping malls is expected to rise to 40 percent of total consumer spending by 2020, up from the current 25 percent, the government data show.
Vietnam has thus seen a surge in M&A deals in the retail sector.
Korean retail conglomerate Lotte Group targets to open 60 supermarkets in Vietnam by 2020.
Thailand’s Central Group has acquired a 49 percent stake in consumer electronics retailer Nguyen Kim and sealed a $1.14 billion buyout of hypermarket Big C Vietnam. Another Thai giant, TCC, last year took over Metro Cash & Carry wholesale operation in Vietnam for $720 million.
Japanese retailers have also set eyes on Vietnam. Supermarket chain operator Aeon bought a 30 percent stake in Fivimart and a 49 percent stake in Citimart. Both are top players in the market with supermarkets and convenience stores in Hanoi and Ho Chi Minh City.
Meanwhile, convenience store giant 7-Eleven has laid out its expansion in Vietnam with its first store to be open early 2018.
Even luxury brands like the Japanese Takashimaya are already entering the Southeast Asian country. The group has invested about 5 billion yen ($47 million) in Vietnam since 2012. That includes the new 15,000 square-meter department store in the Saigon Center in Ho Chi Minh City which is set to open this month.
Vietnamese local businesses have also begun to pick up speed.
Property giant Vingroup has decided to make retail business its core, said Chairman Pham Nhat Vuong, contributing to around 50 percent of the group's total sales in the years to come, compared to the current 20 percent.
Vingroup aims to open as many as 500 supermarkets and 8,000 convenience stores under its VinMart and VinMart+ brands in the next five years.
In an attempt to get ready for the expansion, the real estate group has bought an 80 percent stake in Giang Vo Exhibition Center in Hanoi and acquired a 100 percent ownership of Vinatexmart which has as many as 39 supermarkets and retail stores in 19 provinces and cities throughout Vietnam.
Official statistics show Vietnam now has about 9,000 traditional outdoor markets, 800 supermarkets, 160 department stores and shopping malls and more than a million household stores.
M&A upward trend sees no signs of stopping
Foreign investors are also attracted by Vietnam’s high economic growth rate which has remained at an average of more than 5 percent since 1999. The Southeast Asian country’s economy aims to expand 6.7 percent in 2016 after growing at 6.68 percent in 2015, the fastest pace since 2007.
The Vietnamese government has shown strong commitment to making Vietnam a more attractive investment destination. A revised rule, which came into effective last month, has drastically shortened the process of acquiring an investment license to 15 days instead of 45 days.
The government on July 20 officially scrapped a long standing foreign-ownership cap on many publicly listed companies, allowing foreign investors to own a 100 percent stake in several listed companies in various industries, including consumer, property, transport, construction, manufacturing, financial services and agriculture, up from 49 percent.
The SCIC, the state's investment arm, has confirmed that it will divest from Vinamilk, the country’s largest dairy firm, valued at $7.6 billion, by selling its 45 percent stake worth $3.5 billion.
Another reason for booming mergers and acquisitions in Vietnam is foreign investors want to take advantage of Vietnam’s low-cost manufacturing. As Vietnam has concluded a variety of free trade agreements, especially the Trans-Pacific Partnership, the country is highly likely to become a global outsourcing hub.

Free trade between Vietnam and Eurasian economies to open on October 5

Vietnamese products will have better opportunities to penetrate the market of 175 million people.
The free trade agreement (FTA) between Vietnam and the Eurasian Economic Union will go into effect on October 5, 2016, Vietnam's Government Portal reported August 19.
Vietnam is the first partner to sign an FTA with the Eurasian Economic Union, opening the door for Vietnamese goods to enter a market of 175 million people with an estimated GDP of $2.5 trillion and stable growth.
Under the agreement, tariffs applied to many Vietnamese goods will be reduced, liberalizing multilateral trade. The agreement concerns trade in goods, trade remedies, rules of origin, sanitary and phytosanitary measures, intellectual property and other joint commitments.


The agreement will help Vietnam attract foreign investment in the mining and processing, energy production, machinery and chemistry sectors, which are key strengths in the Eurasion union. In return, the Southeast Asian nation can benefit from this FTA by investing in light industry, petroleum mining and processing.
The FTA will also facilitate exchange of knowledge, experience, experts and labor among member countries. It is expected help improve Vietnam’s investment environment, making it more transparent and efficient.
Negotiations for the FTA between Vietnam and the Eurasian Economic Union, which includes Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia, kicked off in March 2013. After two years of talks, the deal was finally signed on May 29, 2015, in Burabay, Kazakhstan.

Further reading

8.18.2016

Infrastructure energy projects in Vietnam

At ANT Lawyers, we represent clients in infrastructure, energy and resource projects. We are exclusiveVietnam law firm member of Prae Legal, a global law firm network with more than 150 law firm members globally.  For cross-border transactions, the team coordinates and utilizes relevant Prae Legal member offices to provide necessary advice on local laws, taking into account the client’s needs in Vietnam.  For inbound and domestic transactions, our project lawyers advise on Vietnam laws to review and prepare documentation for licensing application where foreign investors are involved.

We have been involved in several major projects:
·         Telecomunications (Nortel Networks Canada, a contractor in HTC infastructure mobile networks project for Vietnam Mobile opetator) ;
·         Infrastructure (Antara Koh Pte. Ltd, a Singaporean EPC contractor in Dung Quat Oil refinery plant in Quang Ngai province);
·         Energy and power (Shanghai Electric Group Co., Ltd, an EPC contractor in Vinh Tan 2 Thermal Power plant in Binh Thuan province).
Please contact us through email ant@antlawyers.vn, call our office at +84 8 3520 2779 or talk to our partner directly at +84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

Invention and utility solution 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.

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 searches 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.