How to Obtain Business Registration Certificate in Vietnam?

 How to Obtain Business Registration Certificate in Vietnam?Every organization and individual wishing to set up a foreign owned company in Vietnam shall need to meet some specifics conditions as promulgated under the Law on Investment and Law on Enterprise. In specific areas being considered as conditional investment, the investor shall also need to consult with the law governing the area of investment. Once the investment registration certificate is completed, the investor has the obligation to apply for enterprise registration.The...

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What Are Permits for Importing Cyber Information Security Products?

     According to Article 48, Law on Cyber Information Security, the import licenses and permits required for Cyber information security products are regulated as following:1.To import cyber information security products on the Government-prescribed list of cyber information security products subject to import permit, an enterprise shall obtain a permit for import of cyber information security products from a competent state agency.2.Before importing cyberinformation security products, organizations and enterprises must have them...

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What Are Prohibited Acts Under the Law on Cyber Information Security?

 According to Article 12 of Vietnam Maritime Laws, the acts prohibited in marine operations in Vietnam are grouped in activities that negatively impact national security, people, traffic, environment, in particular:Harm or pose threatened harms to national sovereignty and security.Carry people, goods, baggage, weapons, radioactive substances, hazardous discarded substances and narcotics in contravention of laws.Intentionally create obstacles which can pose dangers or obstructions to marine traffic.Use and operate ships which have not...

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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...

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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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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...

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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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The Purposes of Using Criminal Record Card

     Under Clause 1, Article 2 of the Law on Criminal Record 2009, criminal record card is the records on the previous convictions of a person that is sentenced under valid court judgments or decisions, and banning individual from holding position, establishing or managing enterprises and cooperatives in cases where the enterprises or cooperatives are declared bankrupt by the court.Article 7 – The Law on Criminal Record 2009 regulates that the following individual, agencies and organizations may request competent agencies...

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Recognize Father for Child in Vietnam

 How to Recognize Father or Mother for a Child??It is a legal requirement in Vietnam to register the recognition of father, mother of a child regardless the child’s parents are married or not. Such recognition shall be made on the newly issued birth certificate of the child.The recognition of the father, mother protects the legal rights of all involved parties. For the family involving foreign elements i.e foreigners, expatriates living in Vietnam, the procedure for recognition of father, mothers of a child have to follow the laws...

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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...

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Why Client Should Retain Real Estate Lawyers in Vietnam?

 Benefits of retaining a Real Estate Lawyer in VietnamDue to changes in law attracting foreigners to come to live, and invest in Vietnam, foreigners have growing interest in investment and acquiring real estate. However, as real estate is valuable assets, the law on real estate ownership and real estate transactions are complicated, especially for foreigners.Under the land ownership regime in Vietnam, land belongs to the entire people with the State acting as the owner’s representative and uniformly managing land. Hence, in Vietnam, the land...

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Debt Recovery Service in Vietnam

  Debt recovery is always a big problem for businesses and individuals. In order to promote the production process, the process of debt recovery is always one of the concerns with the business leaders.One of the the appropriate method is the intervention of law. ANT Lawyers Co., Ltd is a leading legal consultancy in Vietnam, with a team of experienced lawyers and legal experts that have participated and solved many debt recovery cases for businesses and individuals.We will:– Study the case to find the legal basis and debt data that...

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Handling Violations of Competition Laws in Vietnam

    Foreign brands are increasingly popular in the Vietnam market as Vietnam economy integrates into world economy. The openings of economy creates opportunities to attract foreign investment into Vietnam through establishment of companies. To continue to protect the fair competition, and interest of consumer, it is important that the Vietnam state authority ensures the business environment. Accordingly, violations related to competition will be handled in accordance with the law.Acts of violation of competition under Vietnam...

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Benefits of Investors to Set-up Business in Ho Chi Minh City

     Ho Chi Minh City offers many benefits for foreign companies to do business and invest. It houses high number of population at working ages with growing income. It has infrastructure for logistics system to support manufacturing, import and export, and local distribution in Vietnam. It is the financial center of Vietnam. And most important, the government always has policies to improve administrative procedures and improve investment environment to create favourable conditions for company to set up business in Ho Chi Minh...

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Foreign Investment in Education Sector in Vietnam

 Foreign cooperation and investment in education are not new to Vietnam. There has been a number of schools and education institutions such as BVIS, Hanoi Academy, International School in Hanoi, Japanese International School, Vietnam-Australia School. Since Aug 1st, 1018, the decree 86/2018/ND-CP on international cooperation and investment in education in Vietnam will be effective, replacing Decree 72/2012/ ND-CP.According to Decree 86/2018/ND-CP, foreign organizations and individuals are allowed to cooperate in investment in the field of...

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Some Modifications on Business Registration from October 10th, 2018

     Decree no.108/2018/ND-CP amending and supplementing a number of articles of Decree No.78/2015/ND-CP effective from October 10th, 2018 has provided many new procedures of business registration.The new decree stipulates clarification on some contents about the procedure on business registration, of which, the highlight are the procedures that do not to require the seal stamped on the dossier on business registration and that the power of attorney for a person whom establishes the company does not need notarization, authentication...

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How Foreigners Could Marry Vietnamese Wife?

     When a foreigner marrying a Vietnamese, this is cross cultural marriage with challenges and complexity in relationships which could be legally difficult. The Vietnam laws on Marriage and Family on marriage and family relations involving foreign elements provide legal grounds to avoid false marriages to gain citizenship or conduct human trafficking.The following should be taken into consideration when a foreigner marrying a Vietnamese. However due to the complexity, it is suggested family lawyers in Vietnam to...

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Change of Headquarter of Da Nang Immigration Department

 As of August 2018, according to the project for rearranging the administrative function of the Government and the Ministry of Public Security, Immigration Department of Da Nang has been merged into Immigration Department of Hanoi. Therefore, the procedures related to entry, exit of Vietnamese citizens and foreigners such as issuing visa, exempting visa, temporary residence card, permanent residence in Da Nang shall be implemented in Immigration Department of Hanoi.Relating to the dossier and procedures carried out at the Immigration...

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Renewal of License for the Establishment of Branches Office in Vietnam

     How to extend branch license in Vietnam?The extension of the license for the establishment of a foreign trader’s branch in Vietnam shall be following the regulation of the commercial law and the relevant guiding decrees and circulars under Vietnam laws.Preparation of dossiers for extension of license for the establishment of branches includes:Application for extension of license for the establishment of branches, made according to the form set by the Ministry of Industry and Trade, signed by a competent representative...

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Trading Conditions on Medical Device in Viet Nam

 Medical device includes device related to human health, therefore, the business of medical device in the conditional business line in accordance with the law of Vietnam. Medical device is defined as kinds of device, tools, materials for implanting activities, reagents and in vitro calibration solutions, software which are used separately or in association with each other according to the instruction of their owners for human use for the purpose of diagnostic, prevention, supervision, treatment and elimination the illness or to making up for...

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Cybersecurity law in Vietnam and data privacy issue

     Vietnam’s cybersecurity law has been passed on 12/6/2018, will officially come into effect on Jan 1st, 2019. This new law attracts attention, and contributions from many people. From the state management’s perspective, Cybersecurity Law is to protect national security. From business and users’ perspective, organizations that provide Internet services, social networks service, IT services companies, Fintech services, ecommerce websites and individuals whom use these services…. are directly affected groups.At present,...

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What Are Rights and Benefits of the Employee Suffering the Occupational Accident?

 Accidents can happen at any time at work. Whether a workplace accident is the result of employee carelessness or employer negligence, employers must take responsibility for accidents to employee.Vietnam Labor Code defines occupational accident is an accident that causes injury to any part and function of the body or death to employee occurring during the working process associated with the implementation of work and labor tasks (according to Article 142 of Labour Code).The employee has following rights when they suffer accidents:1....

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