How Foreign Entity Could Set up a Branch Office in Vietnam

 How Foreign Entity Could Set-up a Branch Office in VietnamA foreign business entity or a foreign trader is allowed to set up a branch in Vietnam to conduct business activities.Having the right to conduct business activities and make profit are how a branch differs from a representative office in Vietnam. A branch depends on the foreign business entity that set-up the branch while a foreign owned company set-up in Vietnam exists by itself. The Vietnam Department of Industry and Trade will be approving the establishment of a branch in...

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Announcement of Changes of Management

 The Law on Enterprise is one of the most important acts passed last year by Vietnam National Assembly which will take effect in 2015. In the newly released Law on Enterprises, several significant changes include: the company is required to inform changes in manager identity to the licensing authority if there are any changes in name, address, nationality, Identity Card number, Passport of the manager.The manager of the company comprises:1. Member of Management Board if the company is joint-stock company2. Member of Control Board or controller3....

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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...

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Intellectual Property and Trademark Registration in Vietnam

 Trademark is a sign for consumers to identify the goods or services of each company from those of others.In Vietnam, many businesses today have not paid sufficient attention to trademark protection. Only when their trademarks would be infringed by other companies or competitors, they really concern to protect their trademarks and business through trademark registration, trademark opposition or take further actions. Such situation will negatively impact the business financially. Trademark Registration Services in VietnamTrademark rights...

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Cosmetics Advertising in Vietnam

 The cosmetic advertising is implemented on the public device i.e. television, radio, internet, book, newspaper, magazine, pamphlet, pano, poster, air body, water body, or the other advertising means which are implemented or supported or authorized by the cosmetic enterprise organization as well as the seminar, the information, the product introduction activities.Organizations are allowed to advertise or organize the seminar and the cosmetic product introduction event when having the permission according to the regulations.The cosmetic advertising...

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Vietnam and ASEAN Cosmetic Regulations

 Vietnam cosmetic regulations are compatible with the ASEAN cosmetic regulations.On September 2nd 2003, on behalf of the Government of Vietnam, the Vietnam Minister of Trade and Commerce signed an agreement on the ASEAN harmonized Cosmetic Regulatory Scheme, in which, the terms specified in the agreement is fully implemented since January 1st, 2008.The agreement aims to unify cosmetic management in the ASEAN countries, and is toward a common market of ASEAN, strengthen cooperation between member States in ensuring safety, quality and...

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Notable Changes of Vietnam Law on Enterprises

 On November 26th, 2014, the new version of Law on Enterprises has been adopted by Vietnam’s National Assembly. The act will come into effect on July 1st, 2015 and replace Law on Enterprises 2005. It comprises 10 chapters and 213 articles, which seek to improve Vietnamese business environment. Key points of the amendment include.Company seals will be made optionalPursuant to the prior Law on Enterprise, the Government shall stipulate the content of seals, conditions for making seals and regulations on seals usage. Now this regulation has changed...

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Vietnam attends APEC Ministers Responsible for Trade Conference

 The 27th APEC Ministers Responsible for Trade (MRT) took place online on June 5, 2021 with the participation of 21 APEC member economies and observers including the Association of Southeast Asian Nations (ASEAN), the Asia-Pacific Economic Cooperation Council (PECC) and the Pacific Islands Forum (PIF). Measures to open market will be discussed to facilitate trade and investment, including the smooth policy from Vietnam to support the setting up company.In 2020, due to the impact of the Covid-19 pandemic, the global economy shrank 3.3%....

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The processing and manufacturing industry leads in attracting foreign investment in Vietnam

 In the first 05 months of 2021, the processing and manufacturing industry continues to be the leading industry in attracting foreign investment, with a total investment capital of 6.14 billion USD.According to the General Statistics Office, in the first 05 months of 2021, the foreign investors have invested in 18 industries and fields, of which the processing and manufacturing industry leads the way with a total investment of 6.14 billion USD, accounting for 43.9% of total registered investment capital.The field of electricity production...

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Food and Food supplements registration in Vietnam

 Proclamation of quality specifications of imported food and food supplementsTo ensure Airport food and food supplements are safe to eat, as well as to protect consumer through the control of imported food and food supplements quality, the Vietnam Food Registration Agency requests the imported food and food supplements to be complied with the proclamation standard procedures.ANT Lawyers is capable to carry out proclamation of quality  specifications procedures in Vietnam for clients being manufacturers, importers and distributors.ANT...

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What Are Real Estate Transaction Conditions for Buyer and Seller in Vietnam?

 The real estate market is always an attractive market with a large source of potential speculative profits for investors. Because real estate transaction is always high in value, and buying a property for most people is always a lifetime important decision, and many times with the financial support from the bank, therefore in developed country, real estate lawyers are always involved in all steps of the transaction to ensure the legitimate transfer of the property. In Vietnam, in reality, many real estate transitions are conducted...

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Birth Registration with Foreign Element

 From January 1st 2016, the Law on Civil Status of 2014 went into effect, replacing other documents on the registration and management of civil status. Accordingly, the law has clearly defined the authority for registration and management of civil status of the Commune People’s Committee and the District People’s Committee. Commune People’s Committee in charge of the registration and management of civic status that do not have foreign element. The remaining case that have foreign element will be under the jurisdiction of registration and management...

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High-tech Crime in Vietnam

 The Vietnam Public Security have arrested a number of foreigners using fake ATM cards to withdraw money in Vietnam in both Hanoi and Ho Chi Minh City.Through the Vietnam Foreign Affairs Department, the Public Security will inform the respective foreign Consulate in Vietnam and the family of the foreigners commited crime to invite lawyers in Vietnam to cooperate during the investigation, prosecution and trial process in Vietnam.It has been reported recently that some criminal organizations abroad have selected Vietnam as a place to perform...

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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 VietnamSince 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...

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Adding Foreign Subjects to Own Resident Houses in Vietnam

 The Draft Law on House (amended) has currently taken lots of attentions of not only investors but residents. One of the significant amendments is provision on house ownership of foreign organizations, individuals.According to Articles 161, 162, 163 of Draft Law, there are 3 cases that the foreigners may own resident houses in Vietnam as following:Foreign organizations, individuals invest the construct resident houses according to projects for sale, lease, hire-purchase sale.Foreign owned enterprises, branches, representative offices of the...

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Types of Criminal Record

 As regulated in Clause 4, Article 2 of the Law on Criminal Record, criminal record is a document issued by the Department of Justice or the National Centre for Criminal Record, which have the value to demonstrate that a person is with or without a criminal conviction; is prohibited or not prohibited from holding position, managing or establishing business or not.As stipulated in Article 41 of the Law on Criminal Record, there are 2 types of criminal record card:– Criminal record form 01 is issued upon request by Vietnam citizen or foreigners...

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Condition of foreign vehicles entering Vietnam for tourism

 Vietnam is an attractive destination for foreign tourists. Year to year, more and more tourists from many countries enter Vietnam for tourism. Vietnam laws are improving to open the regulations relating tourism in order to develop this area.Decree 152/2013/ND-CP on management of foreign vehicles of foreigners entering Vietnam for traveling takes effect on December 25th 2013, regulates that vehicles of foreigners may enter into Vietnam if having obtained the acceptance paper of Transportation Ministry. The procedure for granting this acceptance...

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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.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,...

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Circular 06/2011/TT-BYT Regulating Cosmetic Management in Vietnam

 On Jan 25th, 2011, the Vietnam Ministry of Health has promulgated Circular No: 06/2011/TT-BYT regulating cosmetics management in Vietnam to implement the ASEAN hamonized cosmetic regulations scheme that Vietnam has rectified. The circular details the regulations in cosmetics labeling, cosmetics proclamation or notification, cosmetic advertising in Vietnam.Below is the circular:CIRCULARPROVIDING COSMETIC MANAGEMENTTHE MINISTRY OF HEALTHPursuant to the Government’s Decree No 188/2007/ND-CP of December 27, 2007 regulation about functions, duties,...

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