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...

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Reduction of tax rates for import from Japan and ASEAN countries

     Implementation of Agreement on ASEAN Japan Comprehension Economic Partnership (AJCEP) and Vietnam Japan Comprehension Economic Partnership (VJCEP), Ministry of Finance issued Circular No. 02 20/2012/TT-BTC and Circular No. 21/2012/TT-BTC dated 15.02.2012 giving instructions on the new special preferencial import tariff.Accordingly, from the date of Apr 1st, 2012, import tax of products such as electronics, refrigerators, appliances, machinery, and agricultural products, processed food imported from Japan and ASEAN countries...

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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...

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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...

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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,...

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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...

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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...

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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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How to Ensure Cosmetics Labeling Complies in Vietnam?

     These are rules for cosmetics labeling to follow in Vietnam:For cosmetic label content, Vietnam Law provides that the cosmetic product’s label must be suitable for requirements of the cosmetic label writing set by the ASEAN. The following contents must be presented on the label:The product’s name and function, unless the presented form of product has been displayed clearly the product’s function;The usage instruction, unless the presented form clearly been displayed the product’s using manner;The full formula ingredients: must...

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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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New Vietnam Real Estate draft law giving more rights to foreigners in Vietnam

     ANT Lawyers’ real estate legal practice gives client legal advice on real estate legal matters in Vietnam. We are keeping track with changes in the Vietnam legal environment to ensure giving our client the best advice.Real estate market in Vietnam is experiencing a difficult time. The government has realized that there is a huge demand from the foreigners and oversea Vietnamese investing in Vietnam in owning real estate in Vietnam however the legal regulations on such matter have not yet encouraged them to make the investment.The...

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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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What Are the Order of Disciplining Employee in Vietnam?

     Labour discipline is the provisions on compliance matters relating to work time, technology and production and business management in labor regulations. It can be understood simply that when an employee violates the labor regulations, depending on the extent and regulations of the company, he or she will be subject to disciplinary action. The order of disciplining labor is conducted in accordance with the provisions of labour code in Vietnam. Failing to follow the order of discipline would lead to potential disputes which both...

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What to Note When Signing Labour Contract with Foreign Workers?

 With the policy of opening the economy in Vietnam, not only Vietnam attracts investors to set up company, but also the demand for foreign workers in enterprises grows and diversifies. However, in order for Vietnam companies to be able to use foreign workers, they must sign a labor contract.After meeting the conditions specified in the Labor Code on meeting the requirements for recruitment and working in Vietnam, the foreign worker working in Vietnam shall sign a labor contract before the expected date intend to work for the employer....

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The Ministry of Industry and Trade Receiving Request for Exemption from Applying Anti-Dumping and Countervailing Measures in September 2021

     According to the regulations on the trade remedies in the Circular No.37/2019/TT-BCT on providing detailed regulations on trade remedy, in March and September of every year, the Trade Remedies Agency of Vietnam requires the companies which meet the conditions of exemption from apply anti-dumping and countervailing measures in the cases of AD01 (Cold rolled stainless steel products), AD02 (Galvanized steel products), AD03 and AD12 (H-Shaped steel products), AD04 (Color coated steel products), AD05 (Aluminum profiles products),...

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Plan to Simplify Regulations on Telecom, Gaming, Internet Service

 In the process of economic integration and development, in order to create favorable conditions for business and service sectors under the management of the Ministry of Information and Communications, Vietnam has approved the plan to reduce and simplify regulations a number of regulations under its control.Accordingly, Decision No. 1994/QD-TTg agreed to reduce and simplify regulations related to business lines: Provision of pay radio and television services; Provide G1, G2, G3, G4 video games online; Newspapers; Telecommunications service...

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How to Determine Labour Relationship under Labour Code 2019?

      During Covid pandemic, many companies face economic challenges that need to reduce the high paid workers’ cost. There are situations which dispute arisen and the employee started to realize that the contract he or she signs with the company he or she spends eight hours each day, follows instructions of work from supervisors, and receives monthly payment at the end of the month, seems to be a consulting contract on the face instead. Is this a consulting contract or a labour contract? It is suggested the disputants engage...

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Network security services – Cybersecurity solutions in the new situation

 Information technology is existing in almost all areas of life, contributing to increasing work efficiency, saving time and costs. Besides these advantages, users also face many risks from loss, leakage of personal data, and organizational information and invasion of privacy when accessing the network. Therefore, network security service has becoming a necessary solution. Accordingly, Vietnam Ministry of Public Security proposed to consider cybersecurity protection services as business lines which are subject to conditions in the Vietnam...

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Conditions for Foreigners When Buying Houses in Vietnam

      With open-door policies and a stable socio-economic situation, Vietnam is one of the countries with great attraction to foreign investors. There are many foreign individuals and organizations come to Vietnam to live and work and a number of foreigners or foreign organizations wish to buy houses or apartments. Many real estate developers also wish to expand the customers base through selling houses and apartments to foreigners in Vietnam.However, according to current law, foreigners or foreign organizations can buy houses...

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Regulations on Investment in Telecommunications Services in Vietnam

 The field of telecommunications has appeared in Vietnam for more than 30 years and has helped the business environment and social life of Vietnam to develop. The process of liberalizing the telecommunications sector in Vietnam has led to the expansion of the telecommunications network and has become an attractive field for investors to set up company in telecom service, internet service, or join with Vietnamese partner on business cooperation contract in the same fields.Currently, telecommunications services are not just telephones...

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Why Investors Should Set up Business in Phu Quoc?

      The improvement in infrastructure system along with the preferential policies have stimulated investors to come to set up business in Phu Quoc and do company.Phu Quoc, an island in Kien Giang of Vietnam is in the top of three islands having tourism potential in Southeast Asia comparable to Phuket in Thailand and Bali in Indonesia. Phu Quoc has become a magnet for attracting huge investment flows from foreign investors in the area of real estate, entertainment, casinos, restaurant or food and beverage service...

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How Foreigners Could Apply for Residence Permits to Stay in Vietnam from 2022?

 In the current process of industrialization and international integration, it is common for foreigners to reside and work in Vietnam permanently or temporarily. In order to legally reside in Vietnam, a foreigner must be eligible to be granted a permanent residence card or a temporary residence card in accordance with Vietnam immigration law.Temporary residence card is a document issued by an immigration management agency or a competent agency of the Ministry of Foreign Affairs to a foreigner who is allowed to reside in Vietnam for a definite...

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