Simplifying the Procedure for Foreigner to Reside in Vietnam

 For foreigners wishing to come to Vietnam to work and reside temporarily, they need to either set-up a company in Vietnam or work for others. The owner of the company does not need a work permit but still need to apply for temporary residence card.However, the foreign employee will need the employer to sponsor the work permit in Vietnam before applying for temporary residence card. A recent draft law on entry, exit and residence of foreigner in Vietnam has been proposed with some changes. The draft regulates many open...

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Cosmetic Regulations in Vietnam 2015 Webinar

     ANT Lawyers has teamed up with Chemlinked, a cosmetics portal to organize a Webminar on the topic of “Overview of Cosmetics Regulations in Vietnam 2015” on May 27th, 2015.Mr Tuan Nguyen, an attorney at law of ANT Lawyers, a law firms in Vietnam will walk you through the regulations of cosmetics in Vietnam in general in the endeavor to comply with the ASEAN harmonized cosmetics regulatory scheme signed off since 2003, the regulations on cosmetics labeling, cosmetics proclamation, cosmetics advertising, and the considerations...

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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 Gorvernment shall stipulate the content of seals, conditions for making seals and regulations on seals usage. Now this regulation has...

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Cases Are Rejected When Get Married with Foreign Element

      The law of Vietnam prescribed quite detail about the marriage with foreign elements.The registration of marriage with foreign elements will be rejected in the following cases:-One or both parties are not old enough to get married under the laws of Vietnam-The foreign applicant is not old enough to get married under the laws of the country of which he/she is a citizen or permanent resident (for stateless persons)-The marriage between men and women is not due to a voluntary decision-There is deception, coercion in the marriage-One...

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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...

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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...

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Foreign Investors May Be Allowed to Hold 60% Share

 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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Enterprise establishment service in Vietnam

     ANT Lawyers provides enterprise establishment consulting service for domestic and foreign customers as the following services:To consult to establish Joint Stock Company;To consult to establish One member Limited liability company;To consult to establish Limited liability Company with Two or more members;To consult to establish Partnership company;To consult to establish Private enterprises;To consult to establish Sole trader;To consult to establish foreign invested company;To consult to establish the parent company,...

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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...

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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...

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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...

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Some Notable Changes in Vietnam Enterprise Law from Jul 2015

     There have been a number of significant changes to the Vietnam law on enterprise to improve the business efficiency. Under this law, limited liability companies and joint stock companies may have one or more than one atlaw representative, of which at least one at-law representative resides in Vietnam. An enterprise shall ensure that at least one at-law representative resides in Vietnam. In case an enterprise has only one atlaw representative, such person must reside in Vietnam and shall, upon leaving Vietnam, authorize...

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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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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...

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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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Employer’s Obligations on Recruitment, Labor Management and Labor Declaration under Circular 23

     Labour and employment compliance are continuous process which has no ending and there is no reason to stop.In order for the companies in Vietnam to improve the effectiveness of its compliance in labour and employment in Vietnam, it is always important to pay attention to the details and fix the pending matters one by one. Labour and employment lawyers in Vietnam would help the clients with a thorough reviewing process if required.The employer is required to comply with current labor regulations on recruitment procedure,...

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Foreigner Can Buy House in Vietnam

 As investment in properties oversea is a big decision, it is suggested the investor consult with real estate lawyer in Vietnam to help checking the eligibility of the developer, the construction permits and other legal documents granted for the project. It is important to review the transaction documents in regard to deposit agreement, sales agreements and other agreements the developer might propose to ensure the protection of rights, to minimize risks and ensure compliance.On November 25th, 2014, the National Assembly of the Socialist...

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Food and Food supplements registration in Vietnam

     Proclamation of quality specifications of imported food and food supplementsTo ensure imported 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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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...

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