Counterfeit destroys businesses, business environments, markets as well as the image of the country. Handling trademark infringement in Vietnam has been practically challenging.
Vietnam government has been trying to curb the counterfeits however the results are limited. The counterfeit business generates huge profits due to the gap price anywhere in the world. Almost goods which is either popular or luxury, high or low-value of either domestic or foreign brands are being counterfeited, imitated in Vietnam. Falsification of household goods, food, cosmetics, shoes and items of higher value such as bags, watches, glasses, etc… may be found all over Vietnam. For effective anti-counterfeit, we need a close cooperation among the authority agencies in inspection, control of production, import and circulation in the market. The Southern Department of Goods Quality Control in Vietnam in one of its regular inspections when cooperating with competent agencies in Ho Chi Minh City found after checking 79 stores with 416 items including: oil, helmets, toys, electronic devices that 33.89% of goods of unsatisfactorily labeled, 14.5% unsatisfactory quality. Where the consumers buy counterfeit goods, they could and should report to State authorities, Anti-Counterfeit and Brand Protection Association as an effort to contribute to curbing counterfeit in Vietnam. The international brands being infringed could request assistance from local law firm in Vietnam.
The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.
Static and dynamic content editing
A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!
How to customize formatting for each rich text
Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.
Trademark is a type of asset of individual and organization. To be officially recognized as an owner of that trademark, the applicant needs to submit the trademark registration dossiers to National Office of Intellectual Property in Vietnam (NOIP), pay the examination fee and certificate issuance fee to receive the trademark certificate.
The trademark owner needs to have the consciousness of protecting the trademark certificate. However, if unfortunately, the trademark certificate is misplaced, lost or damaged, torn, stained or faded out that it can no longer be used, the trademark owner may submit the dossier to NOIP to request for re-granting the trademark certificate.
The specific required documents for re-granting the trademark certificate are:
-The declaration for re-granting the trademark certificate;
-01 mark specimen;
-Power of attorney (if submit the dossiers via IP agent).
NOIP will consider the dossier within 01 month from the date of submitting. In case the dossier satisfies the provisions of law, NOIP will issue the decision to regrant the trademark certificate and record into the National Register of Industrial Property. The information in the duplicate version of the trademark certificate will present sufficiently the information in the first-granted trademark certificate and attached with the phrase “re-granting version”.
In case of request for re-granting the trademark certificate does not meet the provisions of law, NOIP will issue the denied decision and clearly sates the reasons.
If you are looking for an experienced IP services in Vietnam to help you with your Trademark application, you should visit ANTLawyers. Our attorneys have experience with the IP process and will work closely with you as you apply for your Trademark in Vietnam.
-Organizations and individuals that conduct lawful commercial activities may register marks for products they are marketing but produced by others, provided that the producers neither use such marks for their products nor object to such registration.
-Lawfully established collective organizations may register collective marks to be used by their members under regulations on use of collective marks. For signs indicating geographical origins of goods or services, organizations that may register them are collective organizations of organizations or individuals engaged in production or trading in relevant localities. For other geographical names or marks indicating geographical origins of local specialties of Vietnam, the registration must be permitted by competent state agencies.
-Organizations with the function of controlling and certifying the quality, properties, origin or other relevant criteria of goods or services may register certification marks, provided that they are not engaged in the production or trading of these goods or services. For other geographical names or marks indicating geographical origins of local specialties of Vietnam, the registration thereof must be permitted by a competent state agency.
-Two or more organizations or individuals may jointly register a mark in order to become its co-owners on the following conditions: i) This mark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners; ii) The use of this mark causes no confusion to consumers as to the origin of goods or services.
If the subject falls into one of the cases mentioned above, they will have the right to register the mark at the National Office of Intellectual Property. After the subject condition has been met, consideration should be given to the condition that a mark can be protected as a trademark. In particular (i) It is a visible mark in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colors; (ii) It is capable of distinctive goods or services of the mark owner from those of other subjects.
However, there are some exceptions even when the mark satisfies those two conditions. For example, marks identical with or confusingly similar to national flags or national emblems; or marks identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese State bodies, political organizations, socio-political organizations, socio- politico-professional organizations, social organizations or socio-professional organizations or with international organizations, unless permitted by such bodies or organizations shall not be protected as a trademark.
In order to register for protection of a trademark, the registrant should pay attention to the subject matter and the conditions for the trademark to be protected in order to avoid being refused at the registration authority because of the failure to meet the conditions for the subject or the conditions for protection.
IP Attorney in Vietnam at ANT Lawyers, a Law firm in Vietnam shall be providing the advice to client to help the clients evaluate and file registration for trademark, patent, copyright and other IP related services.
Trademark is the priceless asset with your company because of being used to distinguish goods or services of different organizations or individuals.
It usually takes a long time and attempts for your company to gain the trust and belief from customers on your goods and trademark. However, if there is any other same trademark of the same goods like yours, it will easily make customer mistake or confuse and lead many damages to your company such as distinguishing capacity, losing reputation and sale decline.
In fact, many international companies after co-operating with domestic companies to distribute or sell good, find that co-operators steal their trademark by registered trademark protection in National offices intellectual property. Because trademark is protected independently in each nation, it is easy for violators to do steal trademarks.
To protect your rights and benefits, you should request Vietnam IP authority to cancel violated trademark. With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in cancelling against of trademark in Vietnam as follows:
Cancellation against of trademark in Vietnam
Under the Article 96 of the Law on Intellectual Property of Vietnam (IP Law), a certificate of trademark registration may be cancelled wholly or partly, by any third party’s request.
The applicant may request to the National Office of Intellectual Property (NOIP) in written form to cancel protection titles in the cases specified provided that they pay fees and charges.
Period for filling cancellation request
To request cancellation of a trademark due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.
To request cancellation of a trademark due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.
The case for cancellation
A certificate of trademark registration may be cancelled wholly or partly, by any third party’s request, in the following cases:
The registration applicant has neither had nor been assigned the right to register an invention, industrial design, layout-design or mark;
The subject matter of industrial property fails to satisfy the protection conditions at the time the protection title is granted.
Required documents
Proofs (if any);
Power of attorney;
Written justification of the reason for request (clearly stating the serial number of the protection title, reason, legal grounds, contents of the request for termination or Cancellation of part of or the entire protection title) and relevant documents.
Time and procedures
In case a request for cancellation of trademark protection title is made by a third party, the NOIP shall notify in writing the third party’s opinions to the protection title holder, setting a time limit of two months from the date of notification for the trademark protection title holder to respond.
After considering opinions of the parties, the NOIP shall issue a decision on cancellation of part of the entire protection title or notify its refusal to cancellation the trademark protection title.
If disagreeing with the NOIP’s decision on handling of the request for Cancellation of the trademark protection title, the requester or an involved party may lodge a complaint about that decision or the relevant notice.
A decision on cancellation of a trademark protection title shall be published in the Industrial Property Official Gazette and recorded in the National Register of Industrial Property within two months from the date of its signing.
ANT Lawyers – IP services in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam. We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
As regulation of law on intellectual property, the mark, trademark or service mark, is one of protected subjects of industrial property right. However, to be protected by law, the owner of mark shall apply protection registration dossier to competent authority prior. When the owner registers and is granted a certificate of registered mark, the owner shall have the exclusive right to label the product, service or both, right to allow others to use the mark throughout mark license contracts, right to assign the mark ownership and right to prevent breaching action from any third party.
However, a certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date. When the validity terminates, in order to continue being the owner of mark, the owner of Certificate shall implement the procedure of extending the protection validity of the certificate. It is important that the owner has to be aware of the time to apply dossier for a certificate extension in accordance with the law.
As regulation of law, time limit of extending mark certificate is prior or after six (06) months from the expiration date of mark certificate. If the extension is applied prior 06 months since the expiration date, the owner shall pay extension fee. If the extension is applied after 06 months since the expiration date, the owner shall pay extension fee and fine for late payment as month.
With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in extending your trademark or service mark or both in Vietnam.
ANT Lawyers - IP services in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for Trademark registration services in Vietnam via email ant@antlawyers.vn or call our office at +84 28 730 86 529.
Important Matters on Intellectual Property Rights Registration in Vietnam
In the process of development of global business, the growth of multinational corporations or business will help individuals and companies to bring their products to the world. In addition to bringing their products to customers, the protection of intellectual property rights for products created is extremely important and necessary. We would like to highlight important matters when registering for intellectual property rights protection in Vietnam.
First, in order to be able to register for protection of intellectual property rights, the protected product must meet all conditions to be protected under the provisions of the Intellectual Property Law of Vietnam.
After meeting all of conditions for protection of intellectual property rights, the owner should pay attention to the procedures for registering intellectual property rights. According to the Intellectual Property Law 2005, the time of intellectual property rights to copyright is when products are created and expressed in a certain material form without needing to register. However, industrial property rights for inventions, industrial designs, layout designs, trademarks, geographical indications are established on the basis of a decision to grant protection titles by competent state agencies rights under the registration procedures prescribed in the Intellectual Property Law or recognition of international registration under the provisions of international treaties to which the Socialist Republic of Vietnam is a member; for well-known trademarks, ownership is established on the basis of use, regardless of the registration procedure. Therefore, in order to be able to establish their intellectual property rights for products created, the owner needs to register for product protection in accordance with regulations, the order given by the Law on Intellectual Property in Vietnam.
In addition to the prescribed registration procedures, the owner should pay attention to the time of filing the application for protection, and it is suggested to submit the application as soon as possible. Under the provisions of the Intellectual Property Law, in cases where many applications for inventions are identical or similar, industrial designs are identical or not significantly different from each other, the protection title shall be granted only for an invention or industrial design on a valid application, the earliest priority date or filing date shall be among the applications that meet the conditions for being granted a protection title. In the case of multiple applications by different people registering marks that are identical or confusingly similar to each other for products or services that are identical or similar to each other or in the case of multiple applications of the same those who register identical marks for identical products or services, the protection title is only granted to the trademark in the valid application with the earliest priority date or filing date among the applications that meet the requirements sued to be granted a protection title. In case there are many applications for registration as stipulated above and all meet the conditions to be granted a protection title and have the same priority date or the earliest filing date, the protection title will only be granted to the subject of a single application of those applications as agreed by all applicants; if no agreement is reached, the corresponding objects of those applications are refused the protection certificate.
Therefore, in order to protect their intellectual property rights, the owner needs to meet all conditions for the product, in addition to necessary procedures as prescribed by law and promptly apply for a certificate of protection for the product. The protection of products will help individuals and companies gain competitive edge during their commercial operation, in addition to avoiding the risks of being infringed upon intellectual property rights.
ANT Lawyers, a law firm in Vietnam with a team of experienced lawyers, IP consultants and IP services in Vietnam in the field of Intellectual Property will help customers implement procedures for registering intellectual property rights in the most effective way.
Decree No. 60/2015/ND-CP (Decree 60) amending and supplementing a number of articles of Decree No. 58/2012/ND-CP issued by the Government on May 26th, 2015 has lifted foreign ownership limit of the public enterprises (with conditions) and permitted enterprises operating in all sectors and areas without restriction on foreign ownership to self-set out limits of foreign ownership.
Although the Government has been facilitating foreign investor investing in the Vietnam stock market as well as Vietnam enterprises whom raise capital, the foreign investors still faced a number of challenges. The Decree 60 has taken effect since September 1st, 2015, but most public companies did not lift their foreign ownership limit over 51%. One of the reasons is that, the enterprises with 51% foreign ownership shall meet the statutory conditions and therefore have to follow the investment procedures applicable to foreign investors in accordance with the Law on Investment, Law on Securities and other guiding legislations. Having said that, Vietnam enterprises with over 51% foreign ownership shall be treated as foreign investor. These requirements shall significantly impact on business plans and procedures that an enterprise must comply and restrict them from doing business in some sectors. Accordingly, the daily purchase and sale of shares by foreign investors around the threshold of 51% of the charter capital makes it difficult to determine the legal status of an enterprise.
In order to facilitate the attraction of foreign capital inflows, the Government has been reviewing acceptance of non-voting depositary receipt (NVDR). The promulgation of the Enterprise Law 2020 effective from January 1st, 2021, initially recognized NVDR. Ordinary shares used as underlying assets to issue NVDR are called as underlying ordinary shares. Non-voting depository receipts have interest and obligations proportional to the underlying ordinary shares, excepting for voting rights. NVDR is a negotiable financial instrument issued by a third party which is a subsidiary of the Stock Exchange (Issuing Organization). The Issuing Organization will then hand over to investors all financial benefits attached stocks such as dividends, rights offering. This is a solution from other country that helps foreign investors to invest in public enterprises, even they such enterprises reached limit boundary of foreign ownership. NVDR can be converted into ordinary shares in case the public company has not yet reached foreign ownership limit.
ANT Lawyers - a Law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.
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 accordance with regulations of the law on foreign exchange management, treaties to which Vietnam is a member and commercial practices (including international commercial practices provided by the International Chamber of Commerce; and other commercial practices which are not contrary to the Vietnamese laws) which agreed upon by the parties.
According to UCP 600, credit means any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation. Documentary credit is an independent and separate transaction from the sales and other contracts on which it may be based. The Issuing Banks and Advising Banks are in no way concerned with or bound by contract between the Applicant (purchaser) and the Beneficiary (seller), even if any reference whatsoever to it is included in the credit. Banks deal with documents only. Goods, services or performance to which the documents may relate are not under scope of handling of the Banks. When the issuing bank determines that a presentation of documents is complying, payment shall be made.
The independence between the documentary credit and the sales contract ensures that the seller definitely receives payment if complying presentation, however, does not protect the interests of the purchaser when there is any dispute about the quality of the delivered goods or any other dispute after delivery. When the seller presents complying documents, the issuing bank is obliged to make payment without any doubt whether the goods have actually been delivered according to the specifications as specified in the contract. At the same time, the cancellation or termination of contract does not affect the effectiveness of documentary credit, payment still is made if presentation is complying.
International payment instruments play an important role in commercial transactions between parties residing in different countries. Each payment method reflects the way of receiving and paying for goods amount between the buyer and the seller. The parties participating in international commerce transaction need to understand the characteristics of each payment instrument to protect their rights and obligations, and avoid disputes in international sales of goods, or disputes in financial service using letter of credit or other forms, disputes in performance of contract and should involve lawyers in early stage if possible to avoid mishap.
ANT Lawyers - a banking and finance dispute law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.
How a Foreign Company Apply for Certificate of Origin in Vietnam?
Vietnam has growing fast due to the opening policy of the government, and has been signing a number of free trade agreements with ASEAN, China, Korea, Japan, India, Australia, New Zealand, Chile, Russia, Belarus… with effectiveness. The expecting Europe Vietnam Free Trade Agreement has been signed but not yet effective at this moment. Having said that, Vietnam has become a destination for foreign investors to set up factory and set up company in Vietnam to undertake manufacturing for export and enjoy tax preference because of Vietnam origin.
The applicant wishing to be granted the Certificate of Origin (“C/O”) needs to register the trader profile under Vietnam regulations before submitting the dossier applying for C/O. There are steps to be followed at the State authorities to check the trader profile, its legal registration in Vietnam, manufacturing facilities that produce the goods which are subject of C/O. Further, additional information and proof will be required for verification at Vietnam State Authorities including the declaration of origin provided by manufacturer or supplier of originating materials or locally produced originating goods if such material is used in subsequent stage to produce another good, good manufacturing process. Not only checking the documents, the authority could undertake an inspection visit to the manufacturing facility of trader and request the applicant to submit evidence of customs declaration of materials imported and used in production of exported goods (if imported materials are used in the production process); a sale contract or VAT invoice of locally purchased materials (if locally purchased materials are used in the production process) and other documents as deemed necessary. If the documents, the process, and the conditions are met, the C/O will be issued.
In general, an originating good is a good which is originating in a country, group of countries, or territory where the last processing operation is performed and substantially transforms such good. To qualify for non-preferential goods, there will be required of:
1.“Change in tariff classification” (hereinafter referred to as CTC): means a change in two-digit, four-digit, or six-digit HS heading of a good as compared with the HS heading of non-originating materials (including imported materials and materials of undetermined origin) used for the production of such good.
2.“Local value content” (hereinafter referred to as LVC)
The applicant for C/O shall choose either direct formula or indirect formula at their own discretion to calculate LVC and apply the chosen formula throughout such financial year. The verification and identification of LVC criteria for exported goods of Vietnam shall be based on the aforesaid formula.
In order to calculate LVC according to the formula, value of materials and cost incurred in the production process of goods shall be determined as follows:
a) “Value of materials originating in a country, group of countries, or territory of production” is inclusive of CIF value of materials acquired or locally produced that are originating in a country, group of countries, or territory; direct labor cost, overhead cost, other costs and profits.
b) “Value of materials originating in a country, group of countries, or territory of production” is CIF value of materials imported that are originating in a country, group of countries, or territory; or the earliest ascertained price stated in the VAT invoices associated with materials of unidentifiable origin used for the production, processing of ultimate product.
c) “FOB” is the value stated in the export contract which is calculated as follows: “FOB = Ex-workshop price + other costs”.
-“Ex-workshop price” = Production cost + profit;
-“Production cost” = material cost + direct labor cost + overhead cost;
-“Material cost” covers expenses associated with purchase of materials, their cost of freight and insurance;
-“Direct labor cost” covers wages, bonuses and other welfare amounts related to the production process;
-“Overhead cost” covers: Overhead cost relates to production process (insurance for buildings, factory rents and hire-purchase cost, depreciation of buildings, repairs, taxes, collateral interests); hire-purchase cost and interests of factories and equipment; factory security; insurance (for factories and equipments used in the production process); expenses for essentials for production process (energy, electricity and other essentials to be used directly in the production process); research, development, design and workmanship; pressing molds, moulds, devices and amortization, maintenance and repairs of factories and equipment; patent royalties (in respect of patented machines or use of patented machines in production process or goods production licenses); testing of materials and goods; storage in factories; waste treatment; cost factors in calculating value of materials, such as port-related cost, good clearance and import duties on taxable components;
-“Other costs” are the costs incurred in placing the good in the ship or other means of transport for export including, but not limited to, domestic transport costs, storage and warehousing, port handling, brokerage fees, service charges and relevant costs incurred when loading goods onboard ships for export.
If the goods that do not qualify to be issued C/O in Vietnam, it can not be granted C/O. Any violations of laws will be punished by the government.
It appears that many manufacturers are in the process to relocate significant manufacturing process to Vietnam to enjoy “Made-in-Vietnam”.
In the meantime, alarmingly, there are equal number of other manufactures whom wish to only transfer a small portion of manufacturing process to Vietnam i.e re-packaging, re-labeling which does not meed to qualifications above.
It is important that Vietnam authorities to alert and constantly monitor the C/O application process to ensure all responsible departments, officers to follow the rule as set by law to evaluate the C/O application documents, and proof given by trader, manufacturer carefully.
By doing that, Vietnam government will encourage the “real” transition of manufacturing from China to Vietnam, therefore increasing FDI, boosting the economy through encouraging manufacturing sectors.
By urging customs authority to investigate and punish violators, the Vietnam government is sending strong message to US that Vietnam is not standing to support unfair trade, and in the meantime take advantage of the situation to attract quality manufacturing projects into Vietnam. Therefore, more crackdowns are expected.
ANT Lawyers, as a law firm in Vietnam in international trade has been actively providing legal services through advisory to manufacturers on the C/O matters and assisting a number of investor to set up manufacturing company, review leasing contract at industrial zone as part of the process to transition manufacturing into Vietnam to seriously invest and do business taking advantage of origin, labour, opening policy of Vietnam government.
Since joining WTO, Vietnam has been coping to comply with the international commitments in general and intellectual property area in particular. In order to ensure fair legal environment and the benefits of intellectual property right holders, the Vietnam laws provide a number of ways in which holders can apply the following methods to protect their intellectual property rights in Vietnam:
Negotiation: requesting organizations, individuals committing infringement acts of intellectual property rights to terminate the infringing acts, apologize, publicly rectify and compensate damages;
Using administrative remedies: requesting the competent agencies to handle infringement acts of intellectual property rights;
Filing claim at court or arbitration center: initiating a lawsuit at a competent court or an arbitrator to protect their legitimate rights and interests;
Negotiation is often used in the first step to request the violator to stop the infringement of intellectual property rights. However, this measure is not potentially effective because it dependents on goodwill and cooperation of the violator as well as the legal basis, evidences that you can provide to demonstrate and warn of violating acts.
Relating to the dispute settlements, due to high costs, complicated procedures and extended time, this measure is not commonly selected as the best treatment.
In Vietnam, intellectual property infringement is mainly dealt with through administrative measures. Depending on their functions and responsibility, competent state management agencies deal with infringements of intellectual property rights as per request of the IP holders Currently, through the following agencies:
Inspectorate of the Ministry of Science and Technology;
Economic Police of the Ministry of Public Security and;
Market management of the Ministry of Industry and Trade.
1.Submission of a written request to terminate an infringement of intellectual property rights:
This step is optional to save costs for the infringed party as well as deal with the infringement on the basis of goodwill and cooperation. The infringed party should send documents, including a persuasive Cease and Desist letter and evidences, to the violator for the purpose of requesting them to terminate the violation and commit not to repeat the infringement in the future. In fact, many intellectual property right holders have reached their goals at this step providing that they can collect enough proof.
2.Requesting the competent state agencies to handle acts of infringement of intellectual property rights:
In this step, the infringed party must prove both its ownership to the intellectual property and information, evidence of the infringement by the infringing party.
The application of administrative remedies is effective handled, so it should be preferable to filling a lawsuit. After requesting the administrative agency to penalize the infringing party, the right holder still remain their right to initiate a lawsuit in court to claim of damages. Actually, the combination of administrative measures and lawsuits at court would be more effective for intellectual property right holders.
ANT Lawyers - a Law firm in Vietnam with a team of experienced lawyers, IP consultants and IP agent in Vietnam in the field of Intellectual Property will help customers implement procedures for registering intellectual property rights in Vietnam in the most effective way.
The development of international supply chains has become a critical success factor for big companies, and should be seen as important key for products of developing countries to gain entry into high standard market such as USA, European Countries, and Japan. However, many Vietnam companies have experienced problems in shifting their supply chain abroad as well as managed their intellectual property such as geographical indication, trademarks.
Protecting Intellectual Property Rights Abroad for Vietnam Enterprises
On October 24th, 2017, Vietnam Intellectual Property Association (VIPA) in cooperation with the World Intellectual Property Organization (WIPO), Vietnam Chamber of Commerce and Industry (VCCI), International Association for the Protection of Intellectual Property Rights (AIPPI) organized the seminar “Protecting intellectual property rights abroad for Vietnamese enterprises” to provide Vietnam companies value information for protecting their Intellectual Property right in the Fourth Industrial Revolution and global supply chain development.
All the experts have strongly recognized the important role of intellectual property protection abroad for Vietnamese enterprises and introduced:
-Introduction to the International World of Intellectual property
-Protecting a valuable asset- How to protect your Brand with Madrid
-Options to protect an invention: Patent Cooperation Treaty (PCT) and trade Secrets
-Introduction to the international design System- Hague
-Other WIPO services, Tools and Products
-About International Association for the Protection of Intellectual Property- AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle) Vietnam is a member of the WIPO and is a signatory to the Paris Convention for the Protection of Industrial Property. It has acceded to the Patent Cooperation Treaty and the Madrid Agreement Concerning the International Registration of Marks, and in 2004 joined the Berne Convention. Therefore, the Vietnamese enterprises should file trademarks, patents or industrial designs by international systems for saving cost and managing the registration procedures effectively. However, it is suggested that the international Bureau of WIPO does not decide whether trademarks, patents or industrial designs are eligible for protection or not, and the final decisions must depend on Intellectual Property law of each country i.e. Vietnam. For differences of laws in every country and difficult techniques when preparing Intellectual Property application, applicants should find valuable assistant from Intellectual Property agent.
If you are looking for experienced IP attorneys to help you with your IP application, you should visit ANT Lawyers - An IP services in Vietnam. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP. We routinely match inventors with experienced IP attorneys for a free consultation on our platform and offer a money back guarantee.
ANT Lawyers works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. The range of our experience enables us to advise on various matters from the precedent-setting to the purely procedural.
The common thread in everything we do is our ability to combine both commercial and legal perspectives. This means our clients can rest assured that, whatever the case or transaction, our lawyers have the experience to deliver legal advice and service that works in a commercial context.
Our English speaking lawyers at Hanoi office offer client with particular services that guide clients throughout investment, commercial transaction, M&A, civil transaction, property sales and purchase, IP registration, and dispute resolution procedures.
Please contact us to book your time in advanced to let us provide our best service.
Call our office at +84 24 730 86 529, or talk to our partner directly at +84 912 817 823, send us email ant@antlawyers.vn or visit our English speaking law firm in Hanoi office at 5th Floor, Leadvisors Place, 41A Ly Thai To, Hoan Kiem District, Hanoi.
The Cases of Transferring Money from Vietnam Abroad
In the context of international economic integration, more and more foreign investors are coming and investing in Vietnam. Besides, many Vietnamese individuals and organizations have also implemented many investment activities, living, traveling… abroad. Therefore, there are needs to transfer money from Vietnam abroad. According to the provisions of Vietnamese laws on foreign exchange management, domestic individuals and organizations are allowed to transfer money abroad in the following cases:
How to transfer money from Vietnam abroad?
For individuals being Vietnamese citizens, they are entitled to buy, transfer or bring foreign currencies overseas according to the State Bank’s regulations for the following purposes: to study and receive medical treatment abroad; traveling; business trip; visiting abroad; to pay charges and fees to foreign countries; allowances for relatives members living abroad; transfer of inheritance money to overseas heirs; transfer money in case of permanent residence abroad; One-way money transfer for other legitimate needs.
For enterprises, they are allowed to transfer money from Vietnam abroad when performing the following cases: Carrying out payment and transferring money related to the import or export of goods and/or services; payment of payments and remittances related to commercial credits and short-term bank loans; make payments and transfers related to direct and indirect investment income; transfer money when being allowed to reduce direct investment capital; payment of debts and interest of foreign loans; make one-way money transfers; payment and other remittance according to regulations of the State Bank of Vietnam.
ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.
Marriage and family matters are of importance to each individual. Decision on such will impact their life for a long period of time. Marriage and family dispute lawyers in Vietnam could help clients make right decisions and provide services required. At ANT Lawyers, a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City, we assist clients on:
Marriage and Family Dispute Law Firm in Vietnam
-Consulting the general provisions of the Law on Marriage and Family in Vietnam;
-Consulting on division of property, children in divorce;
-Consulting on lawsuit to protect interests;
-Lawyers representing and protecting the clients at competent authorities;
-Consulting on child adoption procedures.
ANT Lawyers - a Marriage and Family Dispute Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.
ANT Lawyers, English speaking law firm in Vietnam City with English speaking lawyers is located in the business center that provides convenient access to our clients.
As a single, fully integrated, global partnership, we pride ourselves on our approachable, collegiate and team-based way of working
ANT Lawyers is a member of International Bar Association, Vietnam Bar Federation, Hanoi Bar Association.
ANT Lawyers is an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries.
ANT Lawyers is a boutique firm specialising in corporate M&A and representing foreign clients and investors across a wide range of domestic and cross-border transactions, including restructuring and joint ventures” IFLR1000 reviews under Financial and Corporate.
We pride ourselves on international recognition by IFLR1000 on Financial and Corporate practice, Legal500, international standard by Prae Legal peer members, local expertise and strong network with Vietnamese authorities and local experts.
Our business strategy is driven by customers’ needs and our focus to provide clients with a high quality legal advice within business context.
Send us request via email at ant@antlawyers.vn or call us at +84 28 730 86 529
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.
Real Estate Dispute Law Firm in Vietnam
However, according to current law, foreigners or foreign organizations can buy houses and apartment in Vietnam; and real estate developers could sell houses and apartments in Vietnam but must meet some conditions.
First of all, to be able to buy a house in Vietnam, foreign individuals and organizations must be one of the subjects that can own houses in Vietnam. Specifically, foreign organizations and individuals that are allowed to own houses in Vietnam include: (i) foreign organizations and individuals investing in housing construction under projects in Vietnam; (ii) foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds and foreign bank branches operating in Vietnam; (iii) foreigners whom are allowed to enter Vietnam. Accordingly, to be able to buy a house in Vietnam, these subjects must prove that they fully meet the conditions prescribed by law.
Specifically, foreign organizations and individuals investing in housing construction under projects in Vietnam must have an Investment Certificate and have houses built in the project according to regulations. For foreign organizations, they must set up company in Vietnam, have an investment certificate or a document related to being allowed to operate in Vietnam, issued by a competent Vietnamese state agency. Foreign individuals must be subject to permission to enter Vietnam and not be entitled to diplomatic and consular privileges and immunities.
Besides, depending on each different object, the documents proving the object and conditions for owning a house in Vietnam vary. For a foreign individual, s/he must have a valid passport with an entry verification stamp of the exit and entry management agency of Vietnam and not be eligible for special privileges and immunities. On the other hand, for foreign organizations, they must be eligible to own houses and have an Investment Registration Certificate or a document authorized by a competent Vietnamese agency to operate in Vietnam. In addition, these individuals and organizations should note that these documents must be valid at the time of signing the housing transactions.
Therefore, if organizations and individuals meet the above conditions, foreign individuals and organizations can purchase houses in Vietnam. However, it should be noted that foreign individuals can only own houses in Vietnam in the form of apartments or separate houses in an investment project to build commercial housing.
In addition, foreigners are also not allowed to purchase houses in areas that are subject of national defense and security under Vietnamese law. Further, foreign organizations and individuals are also limited in the number of ownership. Accordingly, foreign organizations and individuals are only allowed to own no more than 30% of the total number of apartments in an apartment building, and no more than 10% for an individual housing project of less than 2,500 units.
In general, purchasing houses for foreign individuals and organizations are subject to complicated legal conditions. Therefore, in order to ensure that the purchase of housing in Vietnam is in accordance with the regulations and to limit the risks arising, relevant individuals and organizations need to learn and seek legal advice and support from real estate dispute law firm in Vietnam
What Foreign Investors Should Consider in Making Investment in Conditional Areas?
In the context of integration and globalization, the number of foreign investors whom wish to make investment and establish business in Vietnam has increased due to the attractiveness of the growing middle class population, availability of skilled resources, and Vietnam openness policies. To register a business in Vietnam, however, foreign investors must meet the requirements of Vietnam and international treaties to which Vietnam is a party.
Firstly, the field in which foreign investors wish to conduct business must not be on the list of industries that have been denied entry to the market for foreign investors or are prohibited from doing so under the Law on Investment.
Secondly, foreign investors may be restricted to the percentage of charter capital ownership in some economic organizations. For example, foreign investors ownership could only be up to 30% of charter capital of a commercial bank in Vietnam. Limiting the amount of charter capital is indirectly restricting the management and control rights of investors. Instead of freely making policies or decisions, foreign investors have to depend on other members of the company, namely domestic investors. The investors are suggested to consult with corporate lawyers in Vietnam or banking and finance dispute lawyers in Vietnam for specific details in the specialized area like banking or finance.
Thirdly, foreign investors must consider the type of firm they want to register. A foreign insurance enterprise, for example, may operate in Vietnam as an insurance limited liability company or as a branch of a foreign non-life insurance enterprise. If the investor registers the establishment of an enterprise that is not under Vietnam law and the international treaties that Vietnam has signed, the application for registration is considered invalid. In addition, each type will also have certain limitations. For example, setting up a joint stock company might not be suitable for all investors. In the governance of a joint stock company, the decision-making process is complicated and time-consuming with different sequences and procedures.
Finally, the Vietnam law also have requirements on the legal status, financial status, and competence of investors in certain professions. To establish a company in Vietnam, foreign investors must meet all the prescribed conditions.
In conclusion, the foreign investors would need to undertake the legal research into the business it wish to register in Vietnam, and make strategic decision considering the legal and business requirements to maximize the benefits Vietnam would bring.
ANT Lawyers, a law firm in Vietnam could offer service to set up company in Vietnam. We assist clients needing legal service in obtaining investment certificate, business registration certificate, or other licensing procedures.
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 procedure to register for a certificate of enterprise registration of a joint stock company or limited liability with two or more members are herein mentioned:
Dossiers:
i) Application form for enterprise registration
ii) The company’s charter.
iii) A list of founding shareholders and shareholders being foreign investors/ a list of capital contribution members.
iv) Valid copies of:
Copies of the ID card or other ID papers of founding shareholders and foreign investors/members being individuals; list of authorized representatives of foreign shareholders being organizations.
Decision on establishment, certificate of business registration, or an equivalent document of the organization and the letter of authorization; the ID card or other ID papers of the authorized representatives of founding shareholders and foreign investors being organizations.
If shareholders are foreign organizations, the copy of the certificate of business registration or an equivalent document must be notarized, legalized and authenticated.
The Certificate of Investment registration of the foreign investors as prescribed by the Law on Investment.
State Authority: Business registration office of the province where the enterprise’s headquarters is situated.
Period: within 03 working days from the full receipt of the dossiers
Result: Business registration office shall issue the certificate of enterprise registration or if the application is not satisfactory, business registration office shall inform the applicant of necessary revisions and supplementation to company.
In general, Vietnam government encourages foreign direct investment. If the investor faces challenges at state authority, whom do not issue notification or request of supplementation to the application for enterprise registration, the investor cold lodge a complaint as prescribed by regulations of law on complaints and denunciation to the state authority to protect its right in doing business and investment in Vietnam. A law firm in Vietnam with expertise in both business registration and dispute resolution could assist the investor in the process.
The enterprise is entitled to do business from the issuance date of the certificate of enterprise registration. For conditional business lines, enterprises are entitled to engage in conditional business lines if they satisfy all conditions and are capable to maintain fulfillment of such conditions throughout their operation.
With highly professional staff and great experience in investment in Vietnam, ANT Lawyers would like to support you to register business registration certificate in Vietnam
Having the right to conduct business activities and make profit are how a branch differs from a representative office in Vietnam. A branch depends on the foreign business entity that set-up the branch while a foreign owned company set-up in Vietnam exists by itself. The Vietnam Department of Industry and Trade will be approving the establishment of a branch office in Vietnam while Vietnam Ministry of Planning and Investment will be the State agency that coordinate the setting up a company in Vietnam.
In particular, the branch of a foreign business entity in Vietnam (referred to as the “Branch”) means a subsidiary unit of the foreign business entity, established in accordance with the law of Vietnam in order to enter into contracts in Vietnam and conduct activities being the purchase and sale of goods and other commercial activities consistent with its licence for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.
The Branch will need to apply and obtain the establishment license; and have a seal bearing the name of the branch.
1. Rights of the Branch
-To rent offices and to lease or purchase the equipment and facilities necessary for the operation of the branch.
-To recruit Vietnamese and foreign employees to work for the branch in accordance with the law of Vietnam.
-To enter into contracts in Vietnam in accordance with the activities stated in the license for establishment of such branch and in accordance with the Vietnam Law.
-To open Vietnamese dong and foreign currency accounts at banks which are licensed to operate in Vietnam.
-To remit profits abroad in accordance with the law of Vietnam.
-To have a seal bearing the name of the branch in accordance with the law of Vietnam.
-To conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.
2. Requested Conditions for Establishment the Branch Office in Vietnam
A foreign company which has effectiveness business activities will be allowed to open the branch office in Vietnam if this company has real demand to open the market in Vietnam and meet some conditions as below:
-Being a trader recognized by the law of the country where it has been lawfully established or made its business registration;
The issuance of the Certificate of Branch will be implemented by the Department of Industry and Trade Department after the foreign company meets all of conditions as Vietnam legal requirements.
The issuing period will be within 20 working-days after the date of submitting the full valid documents as requested.
With highly professional staff and great experience in investment in Vietnam, ANT Lawyers – English speaking law firm in Vietnam would like to support you to set up the branch office in Vietnam
The branch of a foreign business entity in Vietnam (referred as “The Branch”) means a subsidiary unit of the foreign business entity, established in accordance with the law of Vietnam in order to enter into contracts in Vietnam and conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.
The Branch will need to apply and obtain the establishment license; and have a seal bearing the name of the Branch.
The Branch is permitted to conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.
It should be noted that the liability of the Branch is the liability of the foreign entity. The business activity of the Branch has to be consistent with the business activity of the foreign entity. The Branch has to has office address. Therefore the investor should consider its investment strategy when setting up branch office in Vietnam.
With highly professional staff and great experience in business in Vietnam, ANT Lawyers - Law firm in Vietnam would like to support to set up branch office in Vietnam.
Attention in Drafting Registration Application for Invention in Vietnam
Inventions are created with purpose to people’s life convenience and consequently bring economic benefits to the inventor. As a result, protecting the intellectual property of inventions through patent registration in Vietnam is essential.
However, applicant of invention may find it difficult in declaring some of the information i.e. name of invention, field of use, technical status of field of use, technical nature and brief description while drafting an invention description that meets legal regulations in Vietnam.
To overcome this difficulty, applicant should take note the followings:
Name of the invention: name of inventions and name of inventor should be brief without promotion.
Technical status of field of use: the technical shall include information of prior known technical solutions until the priority date of the same application.
Technical nature of invention: the technical nature of the invention is the purpose that the invention need to get or technical problem that the invention shall solve to overcome disadvantage or shortage of the same technical solutions declared in “Technical status of field of use” part.
The description of constitutive signs of invention: The description shall declare new signs of the invention.
Brief description with enclosed images (if any): Applicant shall declare and submit clearly the scope of protection invention request in the description. The scope shall be presented briefly, clearly and fix with the description and images as stipulation of law on intellectual property.
With professional staff and vast experience in Intellectual Property aspect in Vietnam, ANT Lawyers - As a law firm in Vietnam could support inventor in advising and drafting dossier to request patent protection in Vietnam.
The Law on investment 2021 has a lot of investment incentive policies in economic sectors in Vietnam for foreign investors.
Foreign investors that invest in Vietnam in general and Hanoi in particular for the first time must have investment projects and fill in investment registration or examination procedures at state agencies in charge of investment in order to be granted Investment Registration Certificates (“IRC”) and Enterprise Registration Certificate (“ERC”). Company with 100% foreign capital has founded and operated from the date of issuance of the investment certificate.
The investor who wishes to apply for IRC in Hanoi, s/he need to have a possible project which is accepted by the Government (The Department of Planning and Investment of Hanoi City). The dossier on applying for IRC
For Investment Registration Certificate, the investor must prepare the dossier included:
i) An application form for execution of the investment project, including a commitment to incur all costs and risks if the project is not approved;
ii) A document about the investor’s legal status;
iii) Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;
iv) Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, proposal for investment incentives, impact and socio – economic efficiency of the project and preliminary assessment of environmental impact (if any) in accordance with regulations of law on environmental protection.
If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project.
v) If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted;
vi) Contents of the explanation for the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;
vii) The business cooperation contract if the investment project is executed under a business cooperation contract;
viii) Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor in accordance with regulations of law (if any).
After having the project, the investor needs to apply for Business Registration Certificate, the dossier included:
i) An application for enterprise registration;
ii) The enterprise’s charter;
iii) A list of members of a limited liability company with two or more members or a list of general partners;
iv) A notarized copy of identity card or valid passport of individual member;
vi) A notarized copy of valid identity card or passport of the organization’s legal representative;
vii) The copy of Investment Registration Certificate.
The time for applying the investment project is 15 working days and the time for applying the company is 03 working days after the date of submitting the valid dossier.
ANT Lawyers, a law firm in Vietnam could offer service to set-up company in Vietnam. We assist clients needing legal service in obtaining investment certificate, business registration certificate, or other licensing procedures.
ANT Lawyers is a law firm in Vietnam with offices in Hanoi, Danang and Ho Chi Minh City. We are an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries through which we have built up relationship with lawyers from all parts of the world. This cooperation allow ANT Lawyers to handle cases involving matters of international nature involving foreigners.
Law Firm in Vietnam
ANT Lawyers, as a reliable English speaking law firm in Vietnam, we focus on providing possible solutions that best meet the needs of legal and business clients. We help customers achieve their goals while protecting their interests, minimizing risks, and complying with the law.
The law firm works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. Highly professional staff and great experience enables us to advise on various matters from the precedent-setting to the purely procedural.
The common thread in everything our law firm does is our ability to combine both commercial and legal perspectives. This means our clients can rest assured that, whatever the case or transaction, our lawyers at the law firm in Vietnam have the experience to deliver legal advice and service that works in a commercial context.
Our lawyers offer client with particular services that guide clients throughout investment, commercial transaction, M&A, civil transaction, property sales and purchase, IP registration, and dispute resolution procedures.
We help clients to overcome cultural barriers and achievie their strategic and financial results, anh in the meantime ensure best interest protection, risk minimization, and regulatory compliance.
Looking for a reliable local English speaking law firm in Vietnam for your business?
Tell us how we can be of service and one of our team members will contact you. Email: ant@antlawyers.vn, Tel: +84 28 730 86 529
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 time and has a valid temporary residence card visa replacement. Subjects granted temporary residence cards in Vietnam include: (i) Foreigners who are members of diplomatic missions, consular offices, representative offices of international organizations of the United Nations, inter-governmental organizations the government in Vietnam and their spouses, children under 18 years of age, and domestic servants who accompany them for their respective terms; (ii) Foreigners enter with visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT. Depending on each person who is granted a temporary residence card in Vietnam, the duration of the temporary residence card is different.
Foreigners who are eligible to be granted temporary residence cards in Vietnam according to the two subjects mentioned above must be sponsored and applied for residence card in Vietnam by the agencies, organizations, individuals at the Immigration Department or the Immigration Department Police Department of the province, centrally run city where the agency or organization sponsoring is headquartered or where the sponsored party resides.
It is very challenging to apply for the permanent residence card in Vietnam. The permanent residence is issued by the immigration authority to foreigners who are allowed to reside indefinitely in Vietnam and is valid in lieu of a visa. Foreigners who are considered for permanent residence in Vietnam include: (i) Foreigners who have made meritorious, contributions to the cause of construction and defense of the Vietnamese fatherland are awarded medals or titles by the Vietnamese government state honor; (ii) Foreigners who are scientists, experts temporarily residing in Vietnam; (iii) The foreigner is guaranteed by father, mother, wife, husband, child who are Vietnamese citizens who are permanently residing in Vietnam; (iv) Stateless people who have temporarily resided continuously in Vietnam from 2000 or earlier. At the same time, the following conditions must be met: (i) Having a lawful place of residence and a stable income to ensure life in Vietnam; (ii) If a scientist, expert is temporarily residing in Vietnam, must be requested by a Minister, Deputy Minister of a ministerial-level agency, a government-attached agency in charge of state management in that professional field, (iii) If sponsored by father, mother, wife, husband, child who is a Vietnamese citizens who are permanently residing in Vietnam, the duration of temporary residence in Vietnam for a foreigner applying for permanent residence shall be determined as follows: Foreigners who have temporarily resided in Vietnam for 03 consecutive years or more are determined on the basis of the entry verification stamp, the exit verification stamp issued at the border gate with a total temporary stay in Vietnam from 03 years or more in the last 4 years from the date of applying for permanent residence.
ANT Lawyers, as a law firm in Vietnam, always follow up the immigration cases to update clients on regular basis.
What Are Some New Points In The Draft Amending Land Law?
After nearly 10 years of enforcement and implementation, the 2013 Land Law has brought about remarkable achievements in land management, exploitation and use. However, with a significant increase in land use demand, especially in the city center areas, many issues have arisen that are beyond the law’s control. The requirement to amend and supplement this law, therefore, is set out to be suitable with reality and bring high results in the application process. The Draft Land Law has been recently released on the Government’s portal, and public opinions have been collected to complete the amended Land Law. This is the opportunity for people, experts, officers, real estate dispute lawyers in Vietnam to provide opinions and comments for improvement.
In general, the Draft Land Law includes 237 articles, of which 48 articles have remained unchanged; 153 articles have been amended and supplemented; 36 new articles have been added and 8 articles have been annulled compared to the 2013 Land Law.
Some notable changes in Draft Land Law
For land use purposes, the Draft Land Law has added a provision on “multi-purpose land” (Article 184), allowing organizations and individuals to use the land for different purposes instead of just a single purpose, as long as the principles are met. Meanwhile, the 2013 Land Law does not have any provisions directly stipulating that the holders have the right to use multi-purpose land even though this situation is common nowadays, for example, land users can combine residential and business purposes in the same land plot. Therefore, adding this provision to the Draft is extremely reasonable to legalize the use of land for various purposes, increasing the efficiency of land use. At the same time, this article has also given some specific principles, ensuring that the multi-purpose land is not abused, leading to the problem of arbitrary land use.
Besides, the Draft Land Law has removed the land price frames and revised the regulations on determining land prices. As for the land price frames, Article 113 of the 2013 Land Law stipulates that: “The Government shall promulgate land price frames once every 5 years for each type of land and for each region…”. This provision has been completely deleted in the Draft. Removing the land price frames means that the State will no longer apply minimum and maximum prices for each type of land. Instead, when promulgating the land price tables of each locality, the People’s Committee of the province will base on the principles and methods of land valuation, land standards and land prices, the fluctuations in real land prices in the market to build a land price tables. After completing the construction of the land price tables, they will be submitted to the Provincial People’s Council before approval. Based on the actual situation, the land price frames issued by the Government has a huge difference compared to the real land price in the market, leading to the existence of a two-price land mechanism. That makes it difficult for the competent authorities’ management, the land investment activities of the investors and the interests of the land users. In addition, the difference in land prices also creates conditions for corruption and monopoly in auctions. Therefore, the decision to remove the land price frames in the Draft Land Law is a remarkable step forward, having a great impact on the land sector in particular and socio-economic life in general. In addition to the land price frames, the regulations related to the land price tables has also been revised and supplemented. Specifically, Article 130 of the Draft Land Law has added a basis for determining the land price list as “the common land price in the market and land price fluctuations” and changes the period of the land price tables’ construction from once every 5 years to once a year. These provisions in the Draft make it possible for the land price tables proposed by the Provincial People’s Committee to be more reasonable and less different from the actual land price.
Not only that, the responsibility for monitoring and evaluating the management and use of land is decentralized to localities according to the provisions of the Draft Land Law. The 2013 Land Law has never provided for the decentralization of land management and use. The draft has added provisions to regulate this issue. Article 223.4 stipulates responsibilities for monitoring and evaluation from high to low levels, from central to local levels, including the responsibilities of the Ministry of Natural Resources and Environment, the Provincial People’s Committees, the People’s Committees of district-level People’s Committees and People’s Committees of commune level. The above agencies are responsible for monitoring and evaluating the land management process. Accordingly, superior agencies will manage their subordinate agencies to ensure transparency and correctness in the management and use of land. The management decentralization mechanism makes management easier, faster and more effective than the centralized management of all the other agencies.
Moreover, Article 124.1 of the Draft Land Law has added financial revenues from land compared to Article 107 of the 2013 Land Law. Some new revenues are the collection of land use levy when using land in combination with other purposes; additional land use levy, land rent for projects that are behind schedule or do not put the land into use and collected from the sanctioning of administrative violations on land. At the same time, the Draft adds revenues from public land services in Article 125. These additions are necessary to avoid loss of the State’s budget for the benefits coming from the land and show obligations of land users.
Beside amending and supplementing the above-mentioned outstanding provisions, the Draft Land Law also has many other innovations. The draft is still in the process of reviewing and soliciting comments from the public, including people, industry experts and law firm in Vietnam hence there will be many changes. However, the advantages and progress of the Draft compared to the current Land Law are obvious, showing the development in line with the actual situation. Therefore, it can be affirmed that, if the Draft is approved and officially takes effect, it will bring positive results.
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 Investment Law.
According to statistics in 2021, the Ministry of Public Security has recorded and analyzed nearly eight million warnings related to cyberattack activities, thereby detecting and verifying 2,763 cyberattacks targeting portal sites in the country (up 26% compared to 2020). In addition, cyberattacks tend to increase, causing political influence and greater economic losses. In addition, the situation of illegally collecting and infiltrating information and data of organizations and individuals for illegal purpose are increasingly complicated. The participation of network security services will contribute to strengthening the protection of the network security environment, especially important economic organizations such as banks, securities, state agencies, which are organizations that have vital role of the country.
On the other hand, the development of network security services is in line with the development policy of the country. Specifically, in Resolution No. 30 of the Politburo on the National Cybersecurity Strategy, the ultimate goal has been determined to reduce the risk of national security and social order and safety being compromised. Moreover, the Government has also issued Resolution No. 22 on the action plan to ensure national cybersecurity. Accordingly, the Ministry of Public Security shall assume the prime responsibility for formulating a Decree stipulating conditions for trading in cybersecurity products and services. Therefore, making network security services a business line is consistent with the current context and development orientation.
In addition, approving network security services will guide specific regulations and conditions for businesses. Businesses and organizations and individuals providing cybersecurity products and services will need to actively comply with regulations. The business conditions for network security services will ensure that network security products and services to be provided by reputable and capable service providers. Accordingly, improving policies and laws and improving the effectiveness and efficiency of state management of information, communication and network security will be a solid basis for cybersecurity services to demonstrate their functions and roles its important role in the overall development of the country.
Moreover, developing quality and effective cybersecurity services will create more opportunities and attract more foreign investors to participate in the Vietnam market. Most business activities now have involved the Internet connection, and therefore the risks such as information security and data security will be an issue of concern to investors making investment, setting up company in Vietnam. If network security services that support risk reduction and data recovery to help run business well, it will create confidence and motivation for investors.
The Ministry of Public Security expects network security products and services to include: (i) Confidential products to collect information (devices where hardware and software have the function of collecting information, documents, and data) via cyber – spyware; (ii) Security control products for network traffic (in which specialized hardware and software equipment for competent state agencies are designed with specific features to protect targets, systems, etc.) information system to warn, detect and prevent cyber security violations; (iii) Network security monitoring services, network security testing, knowledge training, network consulting, standards assessment. These are services and products that have practical applications and are capable of meeting the needs of individuals and organizations using cyberspace.
Therefore, although cybersecurity services have not yet been officially approved, in the current context, network security services will be an effective solution to work with the Government to build a digital environment and develop digital technology secure and sustainable information technology in line with the speed of global development. It is expected that when cyber security services are specified, it will promote a healthy, safe and effective cyber environment and hence promote the business and investment in Vietnam.
ANT Lawyers is a network security law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.
Ho Chi Minh City is considered as Vietnam’s economic hub. During the long history of foundation and development, the city’s economy is growing constantly and motivating the development of the country.
Setting up company in Vietnam
The city is therefore considered as a potential investment environment for domestic investors as well as foreign investors. The investment through establishing companies and conducting business activities in Ho Chi Minh city certainly promises to achieve multiple benefits. These benefits come from the following reasons.
First, Ho Chi Minh City has strategic location advantage in Vietnam. Southeast Asia Region, Ho Chi Minh City is 1,700 km south of Hanoi, 297 km east of Phnom Penh, Cambodia, 881 km east of Bangkok, Thailand.
Food, glass, textiles, paper products, plastics, chemicals, building materials and machinery are produced here. Ho Chi Minh City accounts for 20% of total gross domestic product (GDP), 30% of industrial production and 40% of export products of Vietnam. The city also accounts for 33% of the national budget and 60% of foreign investment flows into the region. In the past few years, the economy have been grown at a rate greater than 10% (6% to 8% nationally).
Second, Ho Chi Minh City is home of well – qualified, abundant and young human resources.
With a population of more than 8 million, accounting for more than 10% of the total Vietnamese population, Ho Chi Minh City itself has potential employment market to make any business investment. The work force in Ho Chi Minh City was estimated to reach 4.7 million people in 2012, making up more than 50% of the total population of the city. The percentage of trained labor increased from 40% in 2005 to 55% in 2010 and was forecast to reach 70% in 2015. The percentage of labor source holding postgraduate degree is also increasing year by year and most of them tend to stay in the city after holding degrees. Ho Chi Minh City is also home to more than 80 universities and colleges, vocational schools with over 400,000 students providing an abundant trained work force.
With the above – mentioned abundant labor force, any companies set up in Ho Chi Minh City can easily recruit suitable employees in a short time..
Third, the city has modern and high infrastructure system. Namely, when setting up company in Vietnam, the owners will benefit from the modern and comprehensive infrastructure system.
Tan Son Nhat Airport is the largest airport in the country with the capacity to accommodate 20 million people a year. From Tan Son Nhat Airport, there are 50 routes to other countries all over the world such as China, Japan, Korea, Singapore, European countries, etc.
Saigon Port serves as a gateway to the Mekong River Delta, the South China Sea (83 km away from the sea) and the Asia continent. The port has a total area of 500,000 m2 with 5 terminals meeting the international standards, and it handles about 8.3 million tons of cargo annually. Throughout the history of foundation and development of Saigon, Saigon Port plays an important role in making Ho Chi Minh City a flourishing trading center. It accounts for a fifth of the nation’s Gross Domestic Product and almost a third of its industrial production.
Ho Chi Minh City is also home to industrial zones. According to the statistics of Cushman & Wakefield, the city has 18 industrial parks that are operating with a total area of 3635 ha. When investing in such industrial zones in Vietnam, enterprises can benefit from various incentive policies such as low rate tax or other incentive policies.
Telecommunication and information technology in the city is modern. The system of post and telecommunication in Ho Chi Minh meets international standard, providing fast, reliable and high quality services such as ADSL, rapid data transfer, wide broadband MAN. The Internet service in Ho Chi Minh city is also among the cheapest in the world.
Besides, the city is also considered the best working conditions. Enterprise will not be fear that it is not enough place for working. The city with the system of offices provide ideal working environment for all investors.
With highly professional staff and great experience in business in Vietnam, ANT Lawyers would like to support you in establish company in Vietnam.
Potential to attract investment when iPhone can be assembled in Vietnam
iPhone is the name of the smartphone line from Apple – a large American technology corporation. The iPhone is a high-end technology product and is used by many people around the world. Currently, Apple assembles the majority of iPhones in factories located in China, and components are manufactured in India, Thailand, the US and many other places. The setting up of iPhone manufacturing facilities in Vietnam will attract other investors to set up company in Vietnam.
Pegatron is one of three iPhone production partners for Apple that is under pressure to expand production outside of China. In addition, China’s application of Covid control measures has pushed the plan to expand production even more strongly. Accordingly, one of the expected locations to be selected is Vietnam.
Although in China the social distancing orders to control Covid-19 have been gradually removed, the labor shortage is still a serious problem. On the other hand, in the peak season, the demand for labor to increase production increases. Therefore, expanding production activities to other regions like Vietnam is a necessary solution to solve the labor shortage.
Besides, there are many different reasons for Pegatron to set up a factory in Vietnam. One of the reasons mentioned is that the stakeholders want to reduce the concentration of production in the current areas and limit the difficulty in recruiting personnel. Meanwhile, Vietnam has young and abundant human resources and production areas are planned and created more favorable conditions for foreign investors.
Moreover, Pegatron previously intended to expand the production line to Vietnam and Pegatron is building a factory in Hai Phong. In addition, many of Apple’s assembly partners also have factories in Vietnam, but no factories have yet assembled iPhones. Therefore, if iPhone is assembled in Vietnam, it will create a strong effect to attract foreign investors to invest in Vietnam and establish company in Vietnam. Accordingly, this will also be a great opportunity for the labor market in Vietnam and promote investment and development.
Currently, the Vietnamese market is gradually becoming an investment target of many large foreign investors. Therefore, besides the government’s open door policies, Vietnamese businesses and workers need to make more efforts to promote their capacity when participating in cooperation and working for large enterprises like Apple.
With highly professional staff and great experience in business, ANT Lawyers – Law firm in Vietnam would like to support you to establish company in Vietnam.
What Decree 53/2022/ND-CP Detailing a Number of Articles of the Law on Cybersecurity 2018 Cover?
Cybersecurity is one of the important issues for every country in the increasingly strong development of the internet. Although this development brings great benefits in many areas of life, it is accompanied by challenges to national security such as cybercriminals that appropriate and steal data of the user; taking advantage of the internet to spread false information against the state. Therefore, the promulgation of policies and laws on cybersecurity as a basis for management and optimal measures in order to protect national cybersecurity, eliminating illegal acts in cyberspace is extremely necessary. On August 15th, 2022, the Government issued Decree 53/2022/ND-CP detailing a number of articles of the Law on Cybersecurity 2018. The Decree will take effect from October 1st, 2022 with the following:
Cybersecurity Lawyers in Vietnam
Measures to protect network security: Request the removal of illegal or false information in cyberspace that infringes upon national security, social order and safety, and legitimate rights and benefits of agencies, organizations, and individuals
Requesting the removal of illegal or false information in cyberspace is one of the cybersecurity protection measures specified in the 2018 Law on Cybersecurity. Accordingly, Decree 53/2022/ND-CP has detailed regulations, listing specific cases where this measure can be applied as follows:
-When information in cyberspace is identified by competent agencies to have contents that infringe upon national security, disseminate information that sabotages the Socialist Republic of Vietnam, incite riots, and disrupt public security and order according to regulations of the law;
-When there are legal bases to determine that information in cyberspace has humiliating and slanderous contents; infringes upon the order of the economic management; fabricates and falsifies information, causing confusion among the people and severe damage to socio-economic activities to the extent that such information must be removed;
-When other information in cyberspace has contents including: Distortion of history, denial of revolutionary achievements, undermining national solidarity, blasphemy, discrimination by gender or race; Prostitution, vice, human trafficking; posting pornographic or criminal information; damaging Vietnam’s good traditions, social ethics or public health; Enticing, persuading or tempting others to commits crimes.
The information listed in the above cases are all illegal and false information, and the person who uses cyberspace to spread the above negative information is an act of violation strictly prohibited under the 2018 Cybersecurity Law. Once the above information is widely spread and publicized online, it will adversely affect the security, social order and safety of the country. Therefore, the regulation to apply the measure to request the deletion of the above information is practical for the above cases. The Director of the Department of CyberSecurity and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam and Directors of competent agencies of the Ministry of Information and Communications are the ones who have the authority to decide on the application of measures to remove these information.
Measures to collect data related to acts of infringing upon national security, social order and safety, and legitimate rights and benefits of agencies, organizations, and individuals in cyberspace
The collection of data (data is information in the form of symbols, letters, numbers, images, sounds or equivalences) related to activities infringing upon national security, social order and safety, legitimate rights and interests of agencies, organizations and individuals in cyberspace shall comply with the provisions of law, and at the same time ensure the following requirements:
-Maintenance of the status of digital devices and data;
-The copying and recording of data shall be done according to correct procedures via recognized devices and software that are verifiable and can protect the integrity of data stored in such devices;
-The process of restoring data or search data shall be recorded via minutes, images, and videos. The process may be repeated if it is necessary for presentation at a court;
-Data collectors shall be specialized officials assigned to collect data.
The principles of copying and restoring data related to acts of infringing upon national security, social order and safety, and legitimate rights and benefits of organizations, organizations, and individuals in cyberspace shall follow: If the data is considered necessary to be copied or restored or there is a request to copy and restore the data for the purpose of proving the commission of a crime, the assigned person shall be authorized to copy and restore such data and acquire a decision on approval of competent authority according to regulations of the law. In addition, to make a record for the copying and recovery activities of the electronic evidence, the case may be invited to an independent third party, witness and certification of this process.
The Director of the Department of Cyber Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam shall decide to take this measure.
Internal computer networks have the storage and transmission of state secrets must be completely separated from the network of computers and devices and electronic devices connected to the internet
The decree clearly specifies that state agencies and the political organization at central and local levels must develop regulations on the use, management and security of internal computer networks and computer networks connected to the Internet. agencies or organizations they manage. This is an activity to protect network security in state agencies, central and local political organizations.
Regulations on the use and assurance of computer network security by state agencies and political organizations at central and local levels must include the following basic contents: Identify major information and information network systems to be prioritized for cybersecurity assurance. Elaborate on prohibitions and principles of management and use and ensure cybersecurity and internal computer networks that store or transmit state confidentiality shall have a complete physical separation from computer networks, devices, and electronic means with Internet connection, other cases shall ensure compliance with regulations of laws on state confidentiality protection. Have procedures for professional and technical management in operating, using, and ensuring cybersecurity of data and technical infrastructure. Such procedures shall satisfy basic requirements for information system safety assurance. Ensure the personnel conditions for network management and operation and security of cyber information security, information safety and handling of violations of regulations on assurance of network security.
Thus, to ensure confidentiality of the internal data of the state agency, the internal computer network shall have the state secrets which are required to separate completely from the computer network or the equipment and electronic devices connected to the internet. This is the regulation for managing agencies to control, minimize the risk of internal data that is spread out into the electronic environment, causing serious impact on national security issues.
Will data must be stored in Vietnam ?
The decree has stipulated a separate chapter to clarify the storage of data and set the branch or representative office of foreign enterprises in Vietnam.
The following data must be stored in Vietnam:
-Data on personal information of service users in Vietnam;
-Data created by service users in Vietnam: account names, service use time, information on credit cards, emails, IP addresses of the last login or logout session, and registered phone numbers in association with accounts or data;
-Data on relationships of service users in Vietnam: friends and groups such users have connected or interacted with.
Domestic enterprises and foreign enterprises are the subjects that must store the above data. In particular, it only applies to foreign enterprises doing business in Vietnam in one of the following fields:
-Provision of national or international domain names for service users in Vietnam;
-E-commerce; Online payment in Vietnam;
-Payment intermediaries; Services of connection and transportation in cyberspace in Vietnam;
-Social media and social communication in Vietnam;
-Online video games in Vietnam;
Services of provision, management, or operation other information in cyberspace in forms of messages, calls, video calls, emails, online chatting in Vietnam.
However, not at all foreign enterprises is required to store data according to regulations. Decree 53/2022/ND-CP also sets conditions for the storage of data in Vietnam, specifically as follows: services provided by such foreign enterprises are used for violations of laws on cybersecurity, notified and requested for cooperation, prevention, investigation, and handling in writing by the Department of Cyber Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam but they fail to comply or incompletely comply with such documents or prevent, obstruct, disable, or nullify the effect of cybersecurity protection measures performed by cybersecurity protection forces;
In case of an exception to the conditions for force majeure circumstances, the foreign enterprise cannot comply with the requirements of the law on cyber security, the foreign enterprise shall notify the Cybersecurity Department and high-tech crime prevention and control under the Ministry of Public Security within 03 working days for inspection of the verification of such force majeure. In this case, the enterprise will have 30 days to adopt remedial methods.
For the form of data storage, Decree 53/2022/ND-CP does not provide any specific requirements, but allows businesses to decide for themselves how to store their data in Vietnam, whether domestic or foreign enterprises.
For the time duration for data storage: for domestic enterprises, it automatically stores data; for foreign enterprises starting when the enterprise receives the request to store data from the Minister of Public Security until the end of the request; Minimum storage period is 24 months.
The Decree stipulates more specifically and strictly on the order and procedures for applying measures to ensure network security as well as the rights and obligations of state agencies in data security, building a network security system management system to ensure internal network security at the agency. Companies operating in the internet business should take into consideration of the new regulations and ensure compliance. It is important to engage cybersecurity lawyers in Vietnam for legal advice and update.
Many “American eagles” expressed their desire to invest and expand into Vietnam
After the Covid-19 pandemic with unremitting efforts, Vietnam has affirmed its capacity in all aspects with other countries, especially the capability to fight against Covid and quick return focus to business. Therefore, Vietnam is becoming an attractive investment destination for global investors including American companies. With the stable political situation, young and abundant human resources and commitment to investment facilitation from the Vietnam Government, it has become a great motivation for American investors to choose Vietnam as a safe and effective investment destination to expand business and set up company in Vietnam.
On the occasion of Vietnam Prime Minister Pham Minh Chinh’s business trip to attend the Special Summit to celebrate the 45th anniversary of ASEAN- America relations, many big American enterprises such as Intel, Apple and Google have shared their desire to expand the supply chain, cooperate in technology and move production to Vietnam by coordinating with Vietnamese enterprises that have suitable capability to participate. This is also considered a great opportunity for Vietnam to interact with the world’s leading advanced economy to improve its labor capacity and is a potential market for workers to learn and demonstrate their abilities.
Specifically, Apple wants the Vietnamese Government to continue to have preferential policies to encourage high-tech American enterprises to develop business and invest in Vietnam. On the other hand, Apple also affirmed that it will actively consider the Prime Minister’s proposal on increasing the number of domestic suppliers and raising the rate of using domestic services and goods higher in Apple products in the near future.
In addition, Intel also showed its interest in the Vietnamese market by emphasizing the very important role of Vietnam and Vietnamese factories in Intel’s production chain. Moreover, Intel also highly appreciates Vietnam’s infrastructure and human resources as potential conditions for technology enterprises to continue to expand their operations. Especially in today’s volatile world, Intel’s expansion of investment in Vietnam is a strategic solution.
Currently, Microsoft is working with Vietnam’s Ministry of Information and Communications to deploy digital skills programs both private and public sector, and data science development in Vietnam. Accordingly, technology will help enhance transparency and trust, prevent and fight corruption. Vietnam has a young population, a dynamic country, ready to receive new technologies Microsoft wishes to strengthen cooperation with Vietnam in the fields of digital transformation, ensuring network security, helping Vietnam achieve the goal of reducing emissions to zero by 2050 and contribute to helping Vietnam build a green economy, digital economy, and sustainable development.
In addition, in order to attract foreign investment, the Prime Minister emphasized that the “sincerity, trust and responsibility” stance, “harmonious benefits, shared risks” between big American and Vietnamese enterprises will help the relationship between the parties is stable and good. In addition, to implement the commitments it has joined, Vietnam is continuing to build and perfect institutions suitable to Vietnam’s conditions and circumstances. Moreover, the development of strategic infrastructure such as digital transformation infrastructure, transport infrastructure, energy infrastructure, healthcare infrastructure… will also be the focus of completion to attract foreign investors to establish company inVietnam.
Besides, Vietnam continues to improve the open and stable business environment, and effectively handle administrative procedures. In particular, digital transformation will help reduce direct transactions, fight negativity, trouble, corruption, save time and costs for people and businesses. Therefore, Vietnamese businesses need to innovate in both capacity and organization to capture this opportunity well.
With highly professional staff and great experience in business in Vietnam, ANT Lawyers – Law firm in Vietnam would like to support you to establish company in Vietnam.
Vietnam's ANT Lawyers is a law firm with locations in Ho Chi Minh City and Hanoi. We are a law firm in Vietnam that is a member of Prae Legal, a global network of law firms that spans 150 countries and five continents. Through this network, we have established relationships with lawyers from all over the world. Because of this collaboration, ANT Lawyers are able to handle international cases involving foreigners.
As a reputable English-speaking law firm in Vietnam, ANT Lawyers focuses on offering potential solutions that best satisfy the requirements of business and legal clients. We assist customers in achieving their objectives while safeguarding their interests, reducing risks, and adhering to the law.
The law firm provides a comprehensive range of contentious and non-contentious legal expertise to corporate and individual clients from all sectors. We are able to provide advice on a wide range of topics, from precedent-setting to strictly procedural, thanks to our experienced staff and highly professional personnel.
Our ability to combine commercial and legal perspectives is a recurring theme throughout everything we do as a law firm. As a result, our clients can rest assured that, regardless of the case or transaction, our lawyers at the law firm in Vietnam have the expertise to provide commercially relevant legal advice and service.
Tell us how we can be of service and one of our team members will contact you.
Vietnam is among countries with the highest rate of software piracy in the world, although the rate has reduced from 92% in 2004, to 81% in 2011, 78% in 2015 according to the report of BSA, The Software Alliance that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.
Computer software is protected as literary works, one of types of works eligible for copyright protection in accordance with Article 14 of Vietnam law on intellectual property 2005, amended and supplemented in 2009. Unlicensed software is unauthorized use or distribution of copyrighted software. Copyright infringements include publishing, distributing, copying, using, leasing out, duplicating, importing, exporting a work without permission from the author or copyright holder according to Article 28 of Vietnam law on intellectual property 2005, amended and supplemented in 2009.
The government of Vietnam has been striving to coordinate between ministries to increase awareness and encourage the software license compliance. Further, Ministry of Culture, Sports and Tourism has coordinated with Ministry of Public Security to increase frequency of inspecting the software license compliance in Vietnam as part of intellectual property right enforcement effort.
According to the provisions of Article 215 of the 2005 Intellectual Property Law, there are measures under the law of Vietnam to prevent and secure administrative sanctions.
In the following cases, organizations and individuals may request Vietnam competent agencies to apply preventive measures and ensure administrative sanction as provided for in Clause 2, Article 215 of the 2005 Intellectual Property Law:
-An act of infringement of intellectual property rights is likely to cause serious loss and damage to consumers or society;
-Material evidence of the infringement is likely to be dispersed or there are indications that the offender will evade responsibility;
In order to secure enforcement of a decision imposing an administrative penalty, preventive measures and/or measures to secure enforcement of administrative penalties which may be applied in accordance with administrative procedures to acts of infringement of intellectual property rights shall comprise:
-Temporary detention of persons;
-Temporary custody of infringing goods, material evidence and facilities;
-Body searches;
-Searches of means of transport and objects; searches of places where infringing goods, material evidence and facilities are hidden;
-Other administrative preventive measures in accordance with the law on dealing with administrative breaches.
Our software piracy lawyers in Vietnam at ANT Lawyers always monitor legal regulations to update our clients with changes and provide the best service.
Industrial design is the appearance of the product which is expressed through shapes, lines, colors or combinations of these factors.
Industrial Design Consultant in Vietnam
A product as being commercially marketed will have a certain style with a combination of certain shapes, lines, colors, etc.. which is the design of the product. When a new design to be launched, if it attracts customers, there is a big chance there will be fake or imitated products. Therefore, before a new design is launched, business owners need to conduct registration procedures for protection of industrial designs. That is the action for the protection of its product design and the prestige of the enterprise in the market. This protection will prevent the infringement of the design, therefore the registration of industrial design protection is essential.
ANT Lawyers IP services in the field of industrial design registration advice covers:
-Represent clients in applying for certificates of industrial design, record modification, extend degree of industrial protection in Vietnam and abroad;
-Evaluate the effectiveness of the certificate of industrial design registration and the possibility of industrial design rights violation;
-Implement of the protected industrial design rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;
-Negotiate, draft, evaluate and register the of changing industrial design ownership in Vietnam and abroad;
-Advise on building strategies, brand development; For advice and specific details in each case, please contact us directly for advice.
If you are looking for an experienced Industrial design consultant in Vietnam to help you with your Industrial design matters, you should visit ANT Lawyers. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.
Before a new design is launched, or sold in a new country, client company needs to ensure the Intellectual Property protection of industrial design.
Industrial Design Consultant in Vietnam
We are an industrial design consultant in Vietnam with lawyers with qualification and experience to assist client from application, protection, and dispute handling process.
ANT Lawyers IP Practice offers industrial design services as following:
-Represent clients in applying for certificates of industrial design, record modification, extend degree of industrial protection in Vietnam and abroad;
-Evaluate the effectiveness of the certificate of industrial design registration and the possibility of industrial design rights violation;
-Implement of the protected industrial design rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;
-Negotiate, draft, evaluate and register the of changing industrial design ownership in Vietnam and abroad;
-Advise on building strategies, brand development;
ANT Lawyers offers industrial design services to protect intellectual assets through advising, searching, filing design by industrial design attorney in Vietnam.
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)
.jpeg)