ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Chủ Nhật, 25 tháng 9, 2022

Law Firm in Vietnam

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 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 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

 


Thứ Năm, 22 tháng 9, 2022

Potential to attract investment when iPhone can be assembled 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.

 


Thứ Hai, 19 tháng 9, 2022

What Are New Points of the Law on Intellectual Property 2022

The 2005 Law on Intellectual Property (IP) was amended and supplemented twice, in 2009 and 2019, to make it more practical and to address new concerns in the area of intellectual property as they arise. However, given the rapid development and international integration of this field, the requirement for updating this law continues to be raised so that domestic law is consistent with international law. The National Assembly, therefore, promulgated the Law amending and supplementing several sections of the IP Law (referred to as the Law on Amendments and Supplements) on June 16, 2022, which will officially take effect on January 01, 2023. The new law modifies more than 100 articles of the IP Law and focuses on 7 major policy groups.

 


What Are New Points of the Law Amending and Supplementing The Law on Intellectual Property?

First, the IP Law updates, corrects and perfects the interpretation of terms so that they are coherent and consistent. Any statute will contain provisions defining the technical terms of the area covered. However, in the process of linking terms and regulations, inconsistencies or misunderstandings still occur, hence amendments and supplements are necessary. Specifically, some concepts in Article 4 of the IP Law such as: derivative works; published work, audio and visual fixation; reproduction; broadcasting; industrial design; integrated trademarks; well known mark; geographical indication are explained and clarified. The terms can be seen as the basis for defining and applying legal provisions related to the claims arising around it, such as copyright for derivative works or industrial property rights for geographical indications. The terms under the Law on Amendments and Supplements are not completely renewed but simply inherited and perfected from the old law, then it is reasonably possible to adapt and apply.

Second, the Law on Amendments and Supplements provides more specific provisions on copyright and related rights in Vietnam; extending the term of protection; at the same time, there is a change in the assignment or transfer of these rights. In addition to works that are protected for the life of an author, cinematographic, photographic, theatrical, and applied art works, anonymous works published for the first time, have their protection term extended from 50 years to 75 years. It can be remarked that copyright protection in Vietnam is becoming more and more important and stricter. The biggest change is that the Law on Amendments and Supplements allows the author to transfer one more moral right. Pursuant to Article 41 of the 2005 IP Law amended and supplemented in 2009 and 2019, the author may only transfer some or all of the property rights and the only moral right which is to publish the work. Until the Law on Amendments and Supplements in 2022, Article 19 allows “authors have the right to transfer the right to use the right to give titles to their works”. Besides, the previous provision in Article 47: ” Authors shall not be permitted to license the moral rights stipulated in article 19 of this Law, except for the right of publication…” is amended to “ Authors shall not be permitted to license the moral rights according to clause 2 and 4, Article 19 of this Law…”. This change means that the author is allowed to transfer two moral rights: the right to publish the work and the right to give title the work. From there, the owner who are transferred these rights can completely name or change the name, which absolutely does not affect the legitimate rights of the author.

Third, the Law on Amendments and Supplements in 2022 clarifies acts of infringing upon copyright and related rights. Article 28 stipulates the act of copyright infringement in Vietnam initially has 16 clauses, then it is condensed and concise into 8 clauses but still full and covers the content. For example, Clause 1 “appropriating copyright in literary, artistic or scientific works”, Clause 2 “impersonating an author”, Clause 3 “Publishing and distributing works without the author’s permission”, … are all included in Clauses 1 and 2 of the new law as “infringement on the moral rights and property rights of the author”. In addition, the clauses of Article 35 on related rights infringement are supplemented and explained. Both Article 28 and Article 35 add Clause 11 on the act of “failure to perform or incomplete implementation of regulations to be exempted from liability of the intermediary service provider”. Technological technology and the Internet have developed strongly, leading to the formation of intermediary service providers. The regulations about “enterprise providing intermediary services” have first appeared in the IP Law, demonstrating the development and completion of the law in order to promptly adjust new problems. For exceptions that do not infringe copyright, according to the Law on Amendments and Supplements, when using a published work, one does not have to ask for permission or pay royalties, but he/she must provide information about the author’s name and the source and origin of the work. This change is to ensure copyright for that work, to avoid misunderstanding that the user is the author of the work.

Fourth, the procedure for registration of copyright, related rights and industrial property rights in Vietnam have become simpler and more streamlined. If the unmodified Law only stipulates that the application is filed directly or through a legal IP representative in Vietnam, the application for establishment of rights can be filed in the form of a written document in paper form (submitted in person) or electronically under the online application system after the law is amended. The new regulation represents an update in line with the development of the information technology level of the digital age. This creates favorable conditions for subjects to easily submit registration IP applications in Vietnam, especially those with geographical distances without authorizing other organizations and individuals to apply. At the same time, it also helps reduce the resources required to receive applications directly.

Fifth, the use of the National Flag, National Emblem and National Anthem is regulated for the first time in the Intellectual Property Law. Specifically, “Organizations and individuals exercising intellectual property rights related to the National Flag, National Emblem and National Anthem of the Socialist Republic of Vietnam must not prevent or obstruct the dissemination and use of the National flag, National Emblem, National Anthem” (added to Article 7.2). Thus, the dissemination and use of the National Flag, National Emblem, and National Anthem is allowed without being prevented or obstructed by any organization or individual if the purpose of such use does not violate the law and not against social morality.

In conclusion, the Law amending and supplementing the IP Law 2005 has updated more than 100 provisions to be consistent with the country’s socio-economic, scientific and technological development orientations and international treaties to which Vietnam is a member. For the Law to amend and supplement to achieve good results when it comes to implementation, competent state agencies should soon issue detailed guiding regulations, focus on organizing the implementation of the Law and ensuring the following regulations. the provisions of the Law come to life. The success of the Amended Law of Intellectual Property Law in Vietnam will make an important contribution to the sustainable development of the field of intellectual property rights in Vietnam.

 


Thứ Sáu, 16 tháng 9, 2022

How Foreign Entity Could Set up a Branch Office in Vietnam

How Foreign Entity Could Set up a Branch Office in Vietnam

A foreign business entity or a foreign trader is allowed to set up a branch office in Vietnam to conduct business activities.

 


How to Set up branch office 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;

-Having been operating for at least five years after its lawful establishment or business registration certificate in Vietnam.

3. Issuance the Certificate of Branch:

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

 Source ANTLawyers: https://antlawyers.vn/legal-service/establishment-of-the-foreign-traders-branch-in-vietnam.html


Thứ Tư, 7 tháng 9, 2022

What Are Legal Framework for Fintech in Vietnam

The 4.0 industrial revolution along with the explosion of the Internet has created the basis for the forward leap in all fields of life. The financial sector is not an exception and is directly affected by science and technology.  In addition to traditional finance, a new type of finance has been formed with superior characteristics which are appropriate for the current situation and actual needs, which is Fintech – Financial Technology. Despite the advantages of Fintech, the process of operating it faces certain difficulties including the legal challenges.

 


Fintech Lawyers in Vietnam

Fintech may utilize technologies being big data, cloud computing, artificial intelligence, biometrics and blockchain… There is no comprehensive legal framework for such at the present in Vietnam. Hence, regulations on science, technology, information technology and intellectual property can be applied depending on the nature of the matters including Law on Intellectual Property, Law on Information Technology, Law on High Technology, Law on Science and Technology, Law on Cyberinformation Security and Cybersecurity Law. These regulations partly facilitate the research, development and application of technological innovation together with ensuring the protection of databases and related intellectual property.

In particular, digital payment is a big part of Fintech. This sector is governed by Law on Credit Institutions, and regulations on non-cash payments, intermediary payment services. The Prime Minister also issued Decision 316 since March 9, 2021, allowing the use of mobile money to pay for goods and services of small value. This is the legal basis for the establishment of Fintech companies providing digital payment services and for the use of this method by customers. Fintech application also extend to Peer to Peer lending, asset management, and crypto currencies which are not yet clearly regulated in Vietnam.

Because of the importance of making legal regulations governing Fintech, Official Dispatch No. 2433/VPCP-KTTH dated August 31, 2021 of the Government Office directed: “The State Bank of Vietnam chairs and coordinates with relevant agencies to continue studying and concretizing regulations on the pilot mechanism of P2P lending in the process of developing and finalizing the draft Decree on a controlled trial mechanism. Control (Regulatory Sandbox) financial technology activities in the banking sector, report to competent authorities for consideration and decision in accordance with the provisions of the Law on Promulgation of Legal Documents”. On September 6th, 2021, the Government issued Resolution No. 100/NQ-CP approving the proposal to formulate a Decree on a mechanism for controlled testing of Fintech activities in the field of the banking sector. In April 2022, after the research process, the State Bank of Vietnam published the Draft Decree on the controlled trial mechanism for Fintech activities in the banking sector. This draft is still at the stage of seeking public comment and has not been approved. The formation of the draft marks a new step in Vietnam’s legal framework for Fintech, laying a solid foundation for the later birth of the Decree.

In case the Draft is approved, the Government will officially issue the Decree on Controlled Trial Mechanism for Fintech in the banking sector. This Decree will serve as a basis for credit institutions and financial technology companies to test Fintech technology in their operations to a controlled extent. They can assess the effectiveness and possible risks when using Fintech solutions. Based on the results of the experiment, the legislature can identify issues that need to be corrected by legislation to promulgate legal documents regulating Fintech in the banking sector. If so, banking will be a pioneering field, leading to the formation of Fintech regulations in other fields.

In the face of the strong and rapid development of internet and its application, it is natural to have a separate legal framework for Fintech in Vietnam in the future. Fintech lawyers in Vietnam whom are interested in Fintech could also take part in the process of making the contribution through the comments on draft law drawing from the practical cases advising the clients. It is obvious that, some of the biggest companies in the word are in the technology industry. Among them, Fintech is the fastest growing start-up. The sooner legal framework on Fintech can be issued, the better for Vietnam to snap up opportunities to attract investment and catch up with the world.

Our Fintech, banking lawyers at ANT Lawyers - a Law firm in Vietnam will always follow up with development of legal framework in Fintech in Vietnam to provide update to clients.