What Criminal Violations in Stock Exchange in Vietnam?

     Along with the increasingly diversified securities activities, the criminal violations in the stock market are also becoming more and more sophisticated and complex. The securities lawyer in Vietnam is sharing some opinions on the practice of criminal violations in stock exchange in Vietnam to avoid.Although in Vietnam, violations and crimes committed in the securities sector still account for a small percentage compared to other fields, but these white collar crimes have directly negatively affected trading activities in the...

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How to Make a Joint Will of Husband and Wife under Vietnam Laws?

 How a will lawyer in Vietnam could help?Under Vietnam culture, marriage is a special relationship that is not considered as a contract. Hence it could become a delicate matter when material comes into play. And talking about death while still living might trigger emotional reaction especially the concerning matters could arise is how to make a will for the assets owned by husband and wife.We have come across such situations and as a will lawyer in Vietnam, we could help the potential client to understand the need to have a will and have...

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How Dispute Settlement Mechanism of ASEAN Work?

     As economic cooperation has expanded, having an effective mechanism to resolve disputes arising between member countries has become an essential need. Therefore, since 1996, ASEAN has started drafting a Protocol on Dispute Settlement Mechanism, and this Protocol was signed by ASEAN Economic Ministers on November 20, 1996 in Manila (Philippines).The dispute settlement mechanism of ASEAN is built on the spirit of negotiation and mediation. At any time, Member States which are parties to the dispute have the right to choose forms...

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Questionnaire in Anti-dumping Measures on Welding Materials From China, Thailand and Malaysia (AD15)

 On March 18th, 2021, Ministry of Industry and Trade issued Decision no. 947/QD-BCT on conducting an investigation to apply anti-dumping measure on some types of welding materials with HS code 7217.10.10; 7217.30.19; 7217.90.10; 7229.20.00; 7229.90.20; 7229.90.99; 8311.10.10; 8311.10.90; 8311.30.91; 8311.30.99; 8311.90.00 originating from People’s Republic of China (China), Kingdom of Thailand (Thailand) and Malaysia (Product under investigation) (code AD15).In AD15 case, Trade Remedies Authority of Vietnam (Investigating Authority) has sent...

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Differences Between Limited Liability Company and Joint Stock Company

     How to distinguish a Limited Liability Company and Joint Stock Company?Vietnam Law allows the establishment company in Vietnam in various forms. It is an important step in investment process.Investors could choose different forms depending on the needs and capacity on the ability to raise capital and sharing the risk in business as well as the management and operating costs. Each form will have its own organizational structure, operating mechanism, rights and obligations specified under Law on Enterprise 2014.Currently,...

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Policies to Attract Foreign Investment in Hanoi

 Over the years, Hanoi city has organized quality conferences of foreign investment attraction, focusing on implementing measures to attract transnational corporations engaged in investment and business in Hanoi.To perform domestic and international cooperation activities on investment promotion. Hanoi is constantly promoting and improving the efficiency of investment promotion activities, creating a reasonable and effective connection between domestic and foreign investment promotion activities in Hanoi in all fields, economic sectors;...

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How to Legalize Birth Certificate in Vietnam?

      How to Legalize Birth Certificate in Vietnam?Legalize birth certificate is the authentication of signature and stamp on the birth certificate issued by the foreign country or organization in order for that document to be recognized and used in Vietnam.In principle, the Vietnam State authorities only accept considering birth certificate that has been legalized, unless the law of Vietnam and international treaties in which Vietnam has signed or participated has other provisions.In the trend of integration and development,...

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How to Terminate the Employment Contracts Due to Economic Reasons?

 Termination of a labor contract is an event that terminates the employment relationship between the employee and the employer. In particular, there are many cases of termination of labor contracts such as the labor contract expires, the work stated in the labor contract has been completed, both parties agree to terminate the labor contract, the employer lays off the employee due to structural or technological changes or because of economic reasons, merger, consolidation or division of the enterprise or cooperative,…In case more...

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How Probation is Regulated in Vietnam Labour Code?

      Probation is an agreement between an employee and an employer on a probationary job in a certain period of time in accordance with the provisions of law. Before entering into a labor contract, the employer and the employee should go through a probationary period to determine the long-term cooperation and attachment between the parties. The probation should comply with the provisions of the Labor Code and relevant guiding documents. The Labor Code 2019 comes into force as of January 1st, 2020, a number of new regulations...

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Real Estate Legal Matters in Vietnam

     In general, it is not permitted to own land in Vietnam as a private entity because the land belongs to the people and the State of Vietnam thereby operates as the administrator. So when it comes to real estate, what can be purchased? what can the buyer own? As the question would be raised to real estate lawyers in Vietnam, we need to go in specific definition when someone wish to invest in real estate in Vietnam need to understand.You may have the right to use land in Vietnam?Ownership of a right to use land is permitted...

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Whats New in the Draft of the Decree on Amending the Decree 52 on E-Commerce?

 The Decree No.52/2013/ND-CP (Decree 52) on e-commerce will be effective from July 1st, 2013. However, this Decree does not have specific regulations on e-commerce activities for foreign investors conducting e-commerce activities in Vietnam. Therefore, the draft of the Decree amending Decree 52 shall fill the missing gap for foreign investors with particulars in conducting e-commerce activities in Vietnam.The draft decree has supplemented regulations on management of e-commerce activities for foreign investors setting up business in Vietnam....

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How Payment by Documentary Credit in International Commerce Works?

       Documentary Credit (also known as letter of credit or bankers commercial credit, or letter of undertaking) is one of the payment instruments that institutions providing non-cash payment services (banks, foreign bank branches, etc.) deal with to make a valid payment transaction at the request of the account holder. Documentary credit is the most commonly used for payment of international sales of goods.The supply of international payment services by institutions providing non-cash payment services shall be conducted in...

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Conditions of foreign adoption in Vietnam

 Nowadays, foreigners from other countries wish to child adoption in Vietnam and bring them up to his/her country for custody. Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family. However, the adoption conditions are still regulated strictly and its acceptance procedures are considered and controlled stringently by competent authorities of the Government.ANT Lawyers will provide to you the regulated conditions...

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How to Apply Birth Certificate in Vietnam?

     For children of foreigner and Vietnamese born in Vietnam, the procedure to apply for birth certificate in Vietnam is carried out at the Vietnam’s provincial Department of Justice. But it is not that simple in some situations and it might take huge amount of time from busy parents. The differences in cultures, names order, languages, marriage status might add different levels of complexity.Challenges in registering birth certificate in Vietnam?In today’s globalized world, it has become more common that people from different...

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Why Client Should Retain Real Estate Lawyers in Vietnam?

 Due 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 users will have the land use right without the private...

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Capital Conditions in Air Transportation Business

    Air transportation is the conditional business line and conducted by air transportation enterprises. Air transportation business includes air transportation activity, advertising, marketing and sale of air transportation products on the market for the purpose of making profit.Therefore, trading in this business line is subject to strict rules of law. The conditional business lines in the field of civil aviation are detailed in Decree 92/2016/ND-CP dated July 1st 2016.Accordingly, in the field of air transportation, business must...

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