ANT Lawyers Meeting World Mediation Organization in Berlin

 On Sep 17th, 2014 ANT Lawyers Vietnam representative, Mr. Tuan Nguyen met up with Dr. Daniel Erdmann in Berlin, Germany to discuss mediation in general and the mediator network extention in Vietnam.ANT Lawyers Meeting World Mediation Organization on Mediation in BerlinMediation is form of alternative dispute resolution (ADR), a way of resolving disputes between parties with the involvement of mediator to assist parties to negotiate settlement. While litigation is costly and time consuming, mediation helps save the cost and time in comparision...

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Renew expired visas for foreigners during the Covid-19 period

 Visa is a certificate issued by a competent Vietnamese state agency, allowing foreigners to enter Vietnam for immigration for a certain period of time depending on specific case. To be granted a visa, a foreigner must meet the conditions specified in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, such as: having a passport or valid international travel document, being invited or sponsored by agencies, organizations and individuals in Vietnam unless otherwise provided for by law and not in the cases where entry...

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What Foreign Investors Need to Know About Taxes in Vietnam

 Foreign investors whom set-up company in Vietnam always face challenges to understand the tax system in Vietnam. The below briefly explains type of taxes in Vietnam for regular enterprises. In special cases, foreign enterprises are suggested to consult with tax lawyers in Vietnam before establishment and during the operation to ensure complianceMajor taxes which enterprises including both local and foreigners are subject to are corporate income tax, import and export taxes, and value added tax, and their employees are...

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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,...

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Cosmetics Workshop, Event Organizing Registration Services

 In addition to the cosmetics advertising on mass media such as television, radio, electronic portals (Internet, Website), books, newspapers, magazines, flyers, posters, underwater objects or other means of advertising, the cosmetics business can make or sponsor, authorize other entities to carry out workshop activities to introduce cosmetic products.The cosmetic businesses are only allowed to advertise, organize seminars and events to introduce the cosmetic products when having the Receipt of advertising, seminar, cosmetic introduction events...

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Cosmetics Product Proclamation in Vietnam

 Under Vietnam law, a cosmetic product made in Vietnam or imported into Vietnam must go through procedure of proclamation before being sold on the market.Organizations or individuals distributing the cosmetic product on the market are only permitted when being granted the number of cosmetic product proclamation from the authority agencies. Such organizations or individuals are also responsible for safety, effectiveness, and quality of product.Organizations, individuals who are responsible for putting products on market are organizations, individuals...

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How to Determine Penalty and Compensation for Damages from Breach of Commercial Contract?

 When drafting a contract, especially a commercial business contract, in addition to basic provisions such as the object, scope of the contract, value and payment method, rights and obligations of the parties, dispute settlement, information confidentiality, and the regulations on the penalty for a breach of the contract and damage compensation are also very important.Penalty for a breach of the contractUnder the provisions of the Commercial Law 2005, penalty for a breach means that the breaching party must pay a sum of money to the aggrieved...

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Investigation Questionnaire for Foreign Manufacturers and Exporters in Case of the Final Review

 On October 13th, 2021, the Ministry of Industry and Trade issued the Decision No.2301/QD-BCT on the final review of the application of anti-dumping measures to a number of H-shaped steel products originating from People’s Republic of China (China) imported into Vietnam (Code of case ER01.AD03).On October 29th, 2021, Department of Trade Remedies issued Official Letter No.839 /PVTM-P1 on the issuance of the Investigation Questionnaire for foreign manufacturers and exporters in the case ER01.AD03.The Investigating Authority requires all relevant...

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Handling of Violations in Cosmetics Sales in Vietnam

 The mechanisms of handling violations of cosmetics advertising and sales in Vietnam.The cosmetic quality checking central agency is the Vietnam Medicine Management Department – the Ministry of Health. The Medicine Management Department coordinates with the inspector of the Health Ministry, the Medicine Analyzing Central Institute, Medicine departments of centrally – affiliated cities and provinces in order to carry out and supervise the post – sale promotion activities in regard to the cosmetic product. On the cosmetic analyzing result of...

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Forms of Company to be Set-up in Vietnam

 According the Vietnam Law on Enterprises, there are four common types of companies:Private enterprise is an enterprise owned by an individual who is liable for all of its operations with his/her entire property;Partnership is an enterprise in which (i) there are at least two partners who are co-owners of the company, jointly conduct business under one common name; in addition to general partners, there may also be limited partners; (ii) general partners to a partnership must be individuals who are liable for all obligations of the partnership...

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Five types of real estate contracts abolished mandatory notarization procedure

 According to the regulation of Civil Code 2015, some of the transactions which are required to implement the process of notarization and registration according to the regulation of the laws. As real estate transactions are normally at high value, the process of notarization and registration would help parties involved to be protected from falsified transactions.As the stipulated in the Real estate trading 2014, the real estate trading agreement must be made in writing. The agreement notarizing or authenticating shall be discussed by contracting...

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Decree 118/2015/ND-CP Guiding the Investment Law 2014

 Decree 118/2015/ND-CP was issued on November 12th 2015 by the Government. It takes effect from December 27th 2015 clearly regulates some regulations of the Law on Investment on the application, control, publish investment business condition; measures to ensuring investment, investment incentives, investment procedures, operational implementation of investment projects and state management of investment projects.Regarding investment conditions in Vietnam:– In terms of the business investment sectors, investors may invest in conditional...

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What Foreign Investors Need to Know About Taxes in Vietnam

 Foreign investors whom set-up company in Vietnam always face challenges to understand the tax system in Vietnam. The below briefly explains type of taxes in Vietnam for regular enterprises. In special cases, foreign enterprises are suggested to consult with tax lawyers in Vietnam before establishment and during the operation to ensure complianceMajor taxes which enterprises including both local and foreigners are subject to are corporate income tax, import and export taxes, and value added tax, and their employees are...

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What Are Regulations on Debt Trading Contracts in Vietnam?

 Along with the development of socio-economic activities, right to collect debt has become an asset right, hence its transferability is also recognized. Vietnam law recognizes debt as a commodity that can be traded through a debt trading contract. However, in order for the debt trading contract to be legally valid and ensure the rights and obligations are enforced, the parties need to pay attention to the provisions on the debt trading contract.Firstly, in terms of the right to enter into a debt trading contract, according to the provisions...

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Cosmetics Safety Requirement in Vietnam

 Cosmetics safety has always been concern when such are on sale in an open market.Compatible with the Combination Convention in the cosmetic management which has been signed by countries are member of the Association of Southeast Asian Nations on September 2nd, 2003 (ASEAN Cosmetic Convention), Vietnam law not only requires the organization or the individual which delivers the product to the market must guarantee that its product shall be harmless for people’s health when exerted in normal or appropriate conditions supplied by the producer...

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Forms of Company to be Set-up in Vietnam

 According the Vietnam Law on Enterprises, there are four common types of companies:Private enterprise is an enterprise owned by an individual who is liable for all of its operations with his/her entire property;Partnership is an enterprise in which (i) there are at least two partners who are co-owners of the company, jointly conduct business under one common name; in addition to general partners, there may also be limited partners; (ii) general partners to a partnership must be individuals who are liable for all obligations of the partnership...

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How Regulation on Telecommunications Changes in Vietnam?

 Proportional to Vietnam’s rapid development in various areas of its economy, the telecommunication industry has undergone through rapid development and has become a key economic sector for the country. Legal regulations on telecommunications have also been evolving to support the business practice in Vietnam.Various regulations on the telecommunication business, for instance the Ordinance of Post and Telecommunication promulgated in 2002 created a legal framework for the telecommunication business in Vietnam and thereby promoting competition,...

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List of Investment Sectors Banned in Vietnam

 Although investment is encouraged in Vietnam, there are sectors banned to invest in Vietnam which foreign investors need to be advised and considered when setting up business in Vietnam.The list of investment sectors banned in Vietnam has been issued with Decree 108/2006/ND-CP dated September 22nd 2006 of the Government on guiding the implementation of some Articles in the Law on Investment.I. The projects which are detrimental to national defense, national security and public interest1. Production and processing of drugs2. Investment...

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How Foreigners Could Work in Vietnam Legally

 Foreigners working in business set-up in Vietnam are expatriates which are normally required work permit in Vietnam.As the Vietnam law’s restrictions to encourage employment of local employee over foreign employee, normally, the employment of an expatriate is limited to a managerial position or to a position which Vietnamese employee are not yet qualified.There are exemption of work permit in Vietnam as following cases:A capital contributing member or owner of a limited liability company which is registered to operate in Vietnam;A...

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Decree 46/2015/ND-CP on the Quality Management and Maintenance of Construction Works

 On May 12th 2015, the Government issued Decree 46/2015/ND-CP on the quality management and maintenance of construction works, which entered into force on July 1st 2015. The Decree stipulates that construction contractors and equipment supply contractors must be responsible to investors on warranty for the part of jobs they have done.For construction items, new construction work or renovation, upgrading, the minimum warranty period is 24 months from the date of acceptance (for the construction works, construction items belong to...

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Export and Import of Cosmetic Procedures in Vietnam

 Export and import of cosmetics have to follow procedures provided by Vietnam regulations on cosmetics.For exporting cosmeticExport of cosmetic must be implemented at the Customs agency in accordance with the current law regulation and the import country’s requirements.The exporter needs to obtain the Certificate of Free Sale (CFS) as regulated. CFS is issued when such domestic cosmetic is issued the cosmetic product proclamation receipt number by competent state management agency. Moreover, the export trader must register the trader...

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How to Transfer Shares in a Joint Stock Company?

 According to Vietnam law, joint stock company is one form of typical company types in Vietnam. For a joint stock company to be set-up, there should be at least three shareholders. In the joint stock company, the charter capital is divided into equal parts called shares. Shareholders have the right to freely transfer their shares to others, but there will be some certain restrictions.Within three years from the establishment of the company and the issuance date of the Certificate of Enterprise Registration, the ordinary shares of founding...

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Work Permit Regulations in Vietnam under Decree No. 102/2013/ND-CP

 The Government has issued Decree No. 102/2013/ND-CP dated September 5, 2013 providing for the granting of work permits for foreign laborers to work in Vietnam.According to this Decree, foreign workers who want to be granted a work permit are required to meet the five following conditions. First, the worker is capable of civil acts as prescribed by law. Second, the worker’s health is suitable for his or her job. Third, the worker is a manager, executive officer, expert, or technician. The foreign workers that provide medical examination...

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