How to Determine Financial Security to Request for Arrest of Ship?

 According to Article 132 of Vietnam Law on Maritime, to request for arrest of ships, it is required to provide financial security to ensure that there is a way to hold the requester responsible in case the request is wrongful.The person requesting arrest of ships must provide financial security in either or both of the following forms:i) Submitting asset-backed security documents issued by banks or other credit institutions, or individuals, agencies or organizations;ii) Depositing a sum or valuable papers according to the Court’s judgement...

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How to establish company in Vietnam?

 Foreign investors may invest in the form of 100% capital to establish company in Vietnam, being limited liability company, joint stock company, partnership company.Foreign investors that invest in Vietnam for the first time must have investment projects and fill in investment registration or examination procedures at state agencies in charge of investment in order to be granted investment registration certificates. Investment certificates shall concurrently be business registration certificates. Company with 100% foreign capital has...

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What Documents and Evidence Should be Required to Arrest or Release Ship from Arrest?

 According to Article 134 of Vietnam Law on Maritime, the requester needs to provide documents and evidence attached with a written request for arrest of ships or a written request for release of ships from arrest.Upon filing a request for arrest or release of ships, the person requesting such arrest must file a written request for arrest of ships or a written request for release of ships from arrest, enclosing documents and evidence stating that such request or release of ships is sound and legitimate.Where documents about and evidence for...

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Conditional Investment Sectors and Investment Conditions in Vietnam

 When setting up a trading company in Vietnam, beside other conditions, the foreign investors have to prove experience in trading area. Areas such as banking, financial services, real estate, security services will require minimum investment. Foreign investment lawyers should be consulted for advice on investment licensing matters.In general, foreign investors making investment in Vietnam are encouraged. However, there are areas although not prohibited, but are “conditional” areas including the project could affect national...

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How to Terminate Representative Office in Vietnam

 Foreign Traders wishing to terminate the operation of representative office in Vietnam need to complete the procedure at Tax authorities, the Provincial Department of Industry and Trade and the procedure to return the seal at the police.Pursuant to the provisions of the Vietnam laws, the termination of operation of representative offices of foreign traders in Vietnam at the Provincial Department of Industry and Trade shall be conducted as follows:Preparation of dossiers for termination of operation of representative offices includes:Notice...

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How to Distinguish between Deposit and Advance Payment?

 In commercial transactions, it is very common for one party to give the other party an amount of money before the contract being performed. Should this amount be considered as deposit or advance payment?Deposit is one of security measures for the performance of contract obligations. According to regulation of Civil Code 2015, deposit is an act whereby one party (hereinafter referred to as the depositor) gives to other party (hereinafter referred to as the depositary) a sum of money or precious metals, gemstones or other valuable things (hereinafter...

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Vietnam Encourages Investment in Solar Power

 The Vietnam government has stepped up to encourage investment in solar power plant and project, which is part of the effort to close the gap of energy growth demand versus supply, and support the sustainable energy development in Vietnam.According to Decision No. 11/2017/QD-TTg issued on Apr 11th, 2017 to be effective from Jun 1st, 2017, organizations and individuals involved in the development of solar power projects are entitled to investment, tax and land incentives.Specifically, organizations and individuals involved in the development...

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What are Regulations on Collection and Use of Personal Information Under Cyber Information Law?

 According to Article 17, Law on Cyber Information Security 2015, the collection and use of personal information are regulated as following:1. Organizations and individuals that process personal information shall:a/ Collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information;b/ Use the collected personal information for purposes other than the initial one only after obtaining the consent of its owners;c/ Refrain from providing, sharing or spreading to...

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Criminal Record for Foreign Citizens Residing in Vietnam

 When foreign citizens residing in Vietnam wish to apply and have their criminal record card issued, applicants have to prepare documents as follows:The case that documents are submitted directly:A written declaration request for granting the criminal record card according to formPassport and VisaPermanent residence card, temporary residence card, temporary residence book or temporary residence certificate of ward, commune or township police.The case that a person is authorized by the client to submit documents will have to submit additional...

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Decree 63 on Investment in the Form of Public-Private Partnership

 Investment in the form of Public-Private Partnership is an investment form that is carried out on the basis of a project contract between a competent state agency and an investor or project enterprise for the construction or renovation, operation, infrastructure management and public service delivery.This is a form of investment that can mobilize both private and domestic capital. However, the effectiveness of these model has not been achieved especially in recent years while ODA funding has been narrowed down.The Decree No. 63/2018/ND-CP...

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Which Court Could Grant a Decision to Arrest a Ship in Vietnam?

 According to Article 130 of Vietnam Maritime Law, the following courts could issue decision to arrest a ship in Vietnam.The People’s Court at the level of a province where the seaport at which a ship subject to a request for arrest of a ship is having marine operations is located shall be vested with authority to grant a decision to arrest that ship.Where a seaport has different port terminals located within different centrally-affiliated cities and provinces, the People’s Court at the level of a province where the seaport at which a ship...

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How Pilot Program Using Mobile Money for Payment is Regulated?

 With the development of the information technology industry, there is a trend to simplify the process and procedures for making transactions making it becomes easier, faster and more convenient for users. Hence mobile money has become a new trend in transferring money, making payment in many countries.To develop non-cash payments, increase access and use of financial services, especially in rural, mountainous, remote, border and island areas of Vietnam, as well as taking advantage of infrastructure, data, telecommunications networks, reducing...

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How Exploiting and Using Water Resources are Regulated in Vietnam

 Water is an important resource of the country, all business activities, production and living all need water resources. Therefore, the exploitation and use of water resources are under the control of the Vietnam state authorities, to protect the resources, and avoid the waste that impact the environment.The Vietnamese legal system has a wide range of legal provisions on water resources, including the Law on Water Resources; Law on Environmental Protection and supporting decrees. These legal documents are firm legal basis in the management...

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Danang Administrative Procedure is Attracting the Foreign Direct Investment

 Da Nang is one of the five municipalities of Vietnam, located in the central Vietnam. Danang has the international seaport and airport, with natural advantages, therefore many tourists and foreign investors choose Danang is the interest destination in Vietnam. Many people are coming to Da Nang to buy apartment, properties, and invest in Danang in services and production.For foreign investors, to do business in Vietnam, they need to seek professional assistance from consultants and lawyers in Vietnam. In addition, the administrative procedures...

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Property Liability of Husband and Wife in the Marriage Period

 According to the laws of Vietnam, marriage relation is established between a man and a woman based on marriage conditions and registration. Marriage registration means establishment of legally valid marriage relation and is protected by State, binding the wife and the husband with certain liability – joint liability.Joint liability means a liability which shall be performed by both wife and husband and which the obligee has the right to request other to perform in its entirety. This liability could arise from property obligation in marriage...

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Circular 24/2016/TT-BXD on Management of Construction Investment Projects

 Compared with Circular 17/2016, Circular 24/2016 amended some contents as follow:Amend the regulations on the practicing certificate that have been granted before the time the Circular 17 takes effect as follows:+ With the certificate stating the validity period, it is entitled to continue to use until expiration. For one that does not state the validity period, it can be used until June 30th 2016.+ Circular 24/2016/BXD prescribes that from the date that Circular 17 took effect, individuals that have the above-mentioned certificates, if there...

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What Are Penalty for Violations in the Field of Construction in Hanoi?

 In any field, mistakes can occur but differ in actual consequences. Especially in construction activities, the consequences are difficult to predict, the violations in construction activities, to any extent, affect individuals and collective users. Therefore, the Hanoi City People’s Council issued Resolution No. 07/2014/NQ-HDND prescribing the fine levels for a number of administrative violations in the field of construction.This Resolution prescribes the fine levels for a number of administrative violations in construction activities in...

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Joint Circular 02/2016/TTLT BNG-BTP on Civil Status Registration in Vietnam Consular Office Abroad

 Joint Circular 02/2016/TTLT BNG-BTP of the Ministry of Foreign Affairs and the Ministry of Justice regulates the registration and management of civil status at the diplomatic mission agency, consular representative offices of Vietnam in foreign country. The Joint Circular is issued on June 30th 2016.Under the provisions of this Circular, representative offices in the consular area where the parent of the child resides or where the child was born have to perform birth registration for the children that were born abroad,...

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Circular 11/2016/TT-BKH on EPC Bidding Documents

 Application of EPC bidding document formAccording to Circular 11/2016, EPC is applicable to complicated projects that have technical requirements, high technology and strictly comply with the synchronism, consistency from the design stage to the equipment supply stage, construction, training, technology transfer, warranty and long-term maintenance.EPC is not applicable in the cases that the bidding package are separated into separate bidding packages in order to create conditions for domestic businesses to participate in the bidding and execution...

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Draft Decree on E-transactions in the Government Management of Land

 In the era of technology 4.0, the application of science and technology in all activities of social life in general is increasingly focused. Vietnam government has introduced a number of policies on the application of electronic technology in administrative procedures, particularly the Draft Decree on Electronic Transactions in the management of land.Electronic transactions in the government management of land are the implementation of administrative procedures in the field of land; share and provide land information and data; share and provide...

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Anti-dumping Measures on Welding Materials from China, Thailand and Malaysia (AD15)

 On January 21th, 2021, Trade Remedies Authority of Vietnam (Investigating Authority) received Dossier from a company which is the representative of the domestic manufacturing (Requesting Party) requesting for the application of the anti-dumping measures on some types of welding materials originating from People’s Republic of China, Kingdom of Thailand and Malaysia.On February 01st, 2021, Investigating Authority confirmed that Dossier was complete, valid according to regulations of law on trade remedies. Within 45 days of the receipt of a...

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How Lawyers Could Assist to Collect Debt

 The collection of bad debt and late payment after sales or services are difficult and sensitive jobs in Vietnam. Therefore, such job has always been handled by the law firm in Vietnam whom is aware of law and the process. The lawyers in Vietnam whom receive the case should be well informed about the legal nature of the debt profile and they must have skills on debt recovery.Depending on the nature of each case and each specific dossier, the law firm can be able to make suitable plans to deal accordingly with the debtor.There will...

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TPP withdrawal of The US – Vietnam investment impacts

 Improved Legal Environment Will Boost Vietnam Despite Possible Failure of TPPAfter Donald Trump, the US president-elect issued a note of intent to withdraw from Trans-Pacific Partnership (TPP) trade deal, there is a question raised on the attraction of FDI into Vietnam: would foreign investors continue to flood to Vietnam to set-up company?Vietnam as well as other countries has delayed TPP ratification awaiting for the approval of the US because it has been assured that TPP would be meaningful if only the US is a member and if TPP is...

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Vietnam Assembly to Hold Off Building Nuclear Power Plant

 It is important for Vietnam to properly re-balance the power supply. Without nuclear power, Vietnam shall need to add additional coal-fired power plants. Further, Vietnam will need to accelerate more renewable energy, including wind energy, solar energy projects and attract more investment in Vietnam in these energy sectors.According to the National Assembly Office, the Parliament met the Minister of Industry and Trade on Nov 10th, 2016 whom will present the draft draft resolution on holding off building the first nuclear power plant in Ninh...

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