What Has Changed in Vietnam Investment Law 2014?

 The new Investment Law 2014 announced by Vietnam Government on December 26th, 2014 has come into effect on July 1st, 2015. The new law introduces changes which include more opening policies for foreign investors to establish and set-up businesses in Vietnam.What makes foreign investors hesitate to invest and set-up business in Vietnam? The administrative problems and lack of transparency; the inconsistencies in implementing the principle of freedom to do business.Theoretically, the new Investment Law 2014 will resolve the above mentioned...

Read More

What Trans-Pacific Partnership Agreement is about?

 On Jul 31st, 2015 the Trans-Pacific Partnership (TPP) negotiation ended without a resolution although a great progress has been made. The sad thing is that “they finished the part of the agreement that would raise environmental standards in Vietnam, Malaysia and the other countries in the bloc” according to The Wall Street Journal. It is expected the deal will continue to be worked on in the upcoming future meeting.US, Japan, Vietnam and 9 other countries hoped to complete the signing of TPP in 2015. If successful, TPP is expected to be a...

Read More

Summary of Customs Development Strategy from 2021 to 2030

 In order to create favorable conditions for export and import to ensure state budget revenue and combat smuggling of banned and toxic goods, intellectual property infringement, counterfeiting of origin, affecting national security, contributing to national security create fairness and equality in business as well as modernize the Customs sector, the General Department of Customs has issued the Draft Customs development strategy for the period of 2021-2030 to gradually build Vietnam’s Customs in accordance with the new situation.The Draft...

Read More

Report the Demand to Use Foreign Workers in Vietnam

 In order to manage the usage of foreign workers in Vietnam, the Vietnam state authority has requested employers to provide explanation for such need to use foreign workers.This will be the preliminary procedure before applying for work permit in Vietnam then temporary residence card in Vietnam for foreigners. The report of demand to use of foreign workers has to meet the following requirements:Demand to use foreign workers: The employer (except contractors) is responsible for determining the demand to use foreign employees...

Read More

Notable Improvements in Vietnam Investment Law 2014

 Vietnam Investment Law 2014 taking effect from July 1st, 2015, replaces the Investment Law 2005 with notable improvements, especially the provisions on business registration in investment projects which foreign investors making investment in Vietnam or setting up business in Vietnam are welcome.The new Vietnam Investment Law in 2014 has brought up the concept of “business investments” to replace the previous two concepts as “direct investment” and “indirect investment”.Under the Investment Law 2005, prohibited investment sectors...

Read More

Does Tenancy Agreement Need to Be Notarized?

 Housing rental contracts are made and implemented by the lessee and the lessor, including the conditions and responsibilities of the two parties to the rental housing, the terms stated in the contract is right with the prior agreement of the two sides.Article 492 the Civil Code 2005 provides for the form of lease agreement as follows: “Housing rental contract must be made in writing, if the lease term is six months or above, it must be notarized or certified and must register, unless other cases provided by law.”Paragraph 2 of Article 122...

Read More

Change of Child Raising Person after Divorce

 When divorce, children raising issue is very important and is always considered by the parties. Typically, parents always want the best for their children. However, there are also cases that the person who is raising that child unable to provide comprehensive benefits for the child. Then the person who is not directly raise the child may request for caregiver to ensure human rights.ANT Lawyers would advise to customers some of the content in the issue of stipulating caregiver and change of caregiver after divorce.The nursing, take care, educating...

Read More

Legal Procedures Post Licensing in Vietnam

 After establishing a company in Vietnam, the compay has to perform a number of legal procedures for compliance purpose.First, they have to declare the license tax. The tax declaration should be submitted to tax authorities. If the taxpayer has branch in the same province, the tax declarations of the branch should be submitted to the taxpayer’s tax authority. On the other hand, if the taxpayer has branch in another province, the tax declarations of the branch should be submitted to the tax authority of the branch. In case when the...

Read More

News on the Procedure of Marriage Registration with Foreign Element

 Vietnam law recently has some new regulations on the procedure of marriage registration with foreign element in Vietnam.According to the Civil Status Law, the changes in the marriage registration with foreign element entered into force on January 1st 2016.The new Civil Status Law has strongly decentralized for local government with the provision that the District People’s Committee will settle all the civil registration with foreign elements (including the registration of marriage with foreign elements).The allocation to the District’s People’s...

Read More

New Rules on the Work Permit Granting Conditions

 This new regulations take effect from April 1st 2016.Decree 11/2016/ND-CP dated February 3rd 2016 detailing the implementation of the provisions on the granting of work permit to foreign laborers working in Vietnam. This Decree replaces the Decree 102/2013/ND-CP.Firstly, the Decree 11/2016/ND-CP (Decree 11) clearly stipulating the concept of professionals, managers and CEO. Besides the concepts of current job position, Decree 11 added the concept for other positions that foreign workers undertake.Foreign workers are considered professionals...

Read More

Cases that Foreigners Do Not Have to Apply for Work Permits

 Pursuant to Decree No. 11/2016/ND-CP of the Government that will take effect April 1st 2016, the below cases of foreigner will not have to apply for work permit in Vietnam:-As capital contributing members or the owner of limited liability company.-As member of the Managing Board of the joint stock company.-As Head of the representative office, project of international organizations, non-governmental organizations in Vietnam.-Entry into Vietnam for less than 03 months to carry out the service offering.-Entry into Vietnam for less than 03 months...

Read More

Criminal Record Granting for Foreigner

 Criminal Record in VietnamIn order to be granted the work permit for foreigner, completing the immigration or reside procedures in a country, foreigners who are or have been residing in Vietnam must apply for a criminal record for the time that they residing in Vietnam.Foreigners who are or have been temporarily residing in Vietnam have the right to request the Department of Justice of the province or city where they are residing or the National Centre for Criminal Record to issue the criminal record, in order to confirm that people have...

Read More

Expiry Date of the Criminal Record Card

 According to Clause 4 of Article 2 of the Law on criminal record, criminal record card is the document issued by the competent state agencies for organizations and individuals, proving that individuals have or do not have criminal record. The problem is that, for how long since the date that state agencies issue the criminal record card, it will be expired?The law on criminal record of 2009 and the current law documents do not have regulations on the duration of use of the criminal record card. However, depending on the areas and purpose...

Read More

US Investors Set up Business in Ho Chi Minh City

 United States (US) businesses are expecting to pour investment capital and set-up business in Ho Chi Minh City (HCMC) in the near future, when Vietnam and the US are members of the Trans-Pacific Partnership agreement (TPP).Statistics from the Department of Planning and Investment of HCMC showed that in 2015, the city has attracted 26 investment projects from the US with a total capital of approximately 135.4 million USD. In the first 2 months of 2016, the US has invested an additional of 4 new projects with total capitals of 1.56...

Read More

When Will Foreigner Need to Obtain Criminal Record?

 Circumstances in which Foreigners are required to obtain a Criminal RecordIn the process to grant the work permit for foreigner working in Vietnam, it is required the foreigner to have the criminal record in their dossier.Foreigner applying for criminal record to obtain work permit in Vietnam is divided into 2 cases.In the first case, foreigner who is in foreign country or in Vietnam less than 06 months has to apply for criminal record in foreign country. The laws of each country are not the same therefore the regulation on criminal record...

Read More

How to Dealing with Trademark Infringement in Vietnam

  According to Vietnam law on intellectual property, when detecting the trademark infringement act, the trademark owner has the self-protection right includes (i) apply technological measures to prevent acts of trademark infringement in Vietnam (ii) request organization or individual who commits an act of trademark infringement of the holder to terminate such act, make a public apology or rectification, and compensate damages; (iii) request the competent authority to handle with acts of trademark infringement in accordance with the provisions...

Read More

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...

Read More

New Guidelines on the Time of Submission of C/O

 The Ministry of Finance has issued Official Letter 12802/BTC-TCHQ provides for the time of submission of the Certificates of Origin (C/O).Accordingly, the time of submission of the C/O forms (except C/O with VK form) is as follows:– For paper customs declaration form, the original C/O must be submitted at the time of registration of customs declaration.– For electronic customs declaration form, the original C/O must submitted at the time of submission of customs declaration.The customs authorities only consider the C/O additional filling...

Read More

Performing Labor Contracts in the Period of Covid – 19 Epidemic

 The Covid-19 epidemic has seriously affected the development of the economy and society. The situation of businesses being spacing as well as suspension of production and service provision happens regularly in epidemic-affected localities, and that also seriously affects the life stability of employees. Because most enterprises’ financial situations get worse, so the businesses seem like they cannot guarantee income for employees. This is a force majeure and legal event, and the labor law has specific provisions to balance and ensure the...

Read More

What Are the Forms of Public Private Partnership (PPP) in Vietnam?

 Public Investment Law No. 49/2014 / QH13 issued on June 18th, 2014, effective January 1st, 2015 and Decree No. 15/2015 / ND-CP on investment in the form of public-private partnership issued February 14th, 2015, effective April 10th, 2015 has been expected to help overcome one of the biggest obstacles in the attraction of investment in private sector, from both domestic and foreign investment in public-private partnership (PPP) projects.The key matter is that the new laws would share the risks that investors face in terms of capital, fees...

Read More

Measures to Prevent and Ensure Administrative Sanctions of Software Piracy

 Vietnam is among countries with the highest rate of software piracy in the world, although the rate has reduced from 92% in 2004, to 81% in 2011, 78% in 2015 according to the report of BSA, The Software Alliance that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.Computer software is protected as literary works, one of types of works eligible for copyright protection in accordance with Article 14 of Vietnam law on intellectual property 2005, amended and...

Read More