Thứ Hai, 23 tháng 10, 2023

Large US enterprises are going to Vietnam for investment

Large US enterprises are going to Vietnam for investment

About fifty US businesses are now visiting Hanoi in search of sales, sourcing, and investment possibilities, according to data from the US-ASEAN Business Council (USABC).  This is the largest US corporate delegation that has visited Vietnam in recent memory to promote entry options, such as the potential for opening a representative office, setting up company in Vietnam, or even expanding already-existing activities.

Large US enterprises are going to Vietnam for investment

These businesses include 40 companies taking part in the yearly Vietnam business delegation and 15 companies taking part in the delegation for health and life sciences. Many businesses attend both delegations.

The US mission in Vietnam stressed that this is the largest corporate group from the US to visit Vietnam in many years and that it is there to celebrate the comprehensive relationship between the US and Vietnam's 10th anniversary.

The US continues to be the top investor in ASEAN nations, putting more money into these nations than the next three combined, according to the US Mission in Vietnam.

The largest ever US corporate delegation visited Vietnam this week in search of investment prospects and market entrance, and it included companies like SpaceX, Netflix, Boeing, and companies active in the defense, pharmaceutical, and technology sectors.

Movie-streaming website one of the businesses that sent representatives to the trip was Netflix. In the past, the media has reported that Netflix intended to establish a representative office in Vietnam.

Boeing, Lockheed Martin, and Bell, among other defense technology companies, will meet with Vietnamese partners. For the first time in almost ten years, security and defense firms have chosen to travel to Vietnam as part of yearly delegations. These businesses spoke with Vietnamese government representatives in December about the prospect of selling drones and helicopters.

According to a Boeing announcement, their conversations with officials would center on creating joint ventures with Vietnam and taking steps to improve Vietnam's aviation and defense capabilities. Vietnam and other nations in the region are interested in purchasing satellite Internet services from SpaceX. Along with semiconductor firms, big pharma businesses like Pfizer and Johnson & Johnson, Abbott medical devices, financial services firms like Visa and CitiBank, and internet and cloud service providers like Meta and Amazon Web Services were all represented in the delegation.

The majority of the corporations taking part in the next delegation, such as Apple, Coca-Cola, and PepsiCo, already have operations or production facilities in Vietnam, though they also have aspirations to grow. As a result of the benefits Vietnam may offer, including expanding skilled labor resources, a stable economy, and improved investment rules, some other businesses have come to learn about the investment environment and to establish a representative office or establish company in Vietnam

ANT Lawyers as a law firm in Vietnam could assist customers in overcoming cultural barriers and achieving their financial and strategic goals while assuring the best interest rate protection, risk minimization, and legal compliance. Customers can get assistance from ANT lawyers while doing business in Vietnam. 

Thứ Năm, 28 tháng 9, 2023

How to Set up Business Venture in Vietnam?

How to Set up Business Venture in Vietnam?

To help foreigners start a business in Vietnam, we would like to introduce the service to assist in setting up business venture in Vietnam.

Foreign investors could make direct invest in Vietnam through setting up 100% (100 percent) capital of foreign investors, or setting up joint venture  between domestic and foreign investors or putting resources into the legally binding types of: BTO, BTO, BT, BCC, and BO.

Types of enterprise for foreign investors to invest in Vietnam are as following:

Limited Liability Company (LLC)

A limited-liability company  (LLC) may not issue securities to mobilize capital.

Joint Stock Company (JSC)

The main difference between Joint Stock Company (JSC) and Limited Liability Company (LLC) is the Joint Stock Company (JSC) can raise funds by offering shares or securities.

In addition, an enterprise tends to join the Stock exchanges or public company must be a Joint Stock Company (JSC).  Management system of JSC is more complicated than LLC.

Partnership

Unlimited liability partners must be individuals who shall be liable for the obligations of the company to the extent of all of their assets.  Meanwhile, Limited liability partners shall only be liable for the debts of the company to the extent of the amount of capital they have contributed to the company.

Representative Office of Foreign Trader

Representative Office  is not permitted to straightforwardly lead benefit making exercises in Vietnam (i.e: the execution of agreements, deal or acquisition of products, or provision of services...

Branch of Foreign Trader

In accordance with the law of Vietnam and any international treaty that the Socialist Republic of Vietnam is a member of, the Branch of Foreign Trader is permitted to carry out activities such as the purchase and sale of goods and other commercial activities with its license for establishment.

Investing by Signing Contracts

BBC contract (Business co-operation contract) means the investment form signed between financial backers to co-work in business and to share benefits or products without creating a legal entity.

Fabricate work move contract (BOT) means the investment form signed by a competent State body and an investor in order to construct and operate commercially an infrastructure facility for a fixed duration; furthermore, upon expiry of the duration, the investor shall, without compensation, transfer such facility to the State of Vietnam.

BTO contract (Build-transfer-operate contract) means the investment form signed by a competent State body and an investor in order to construct an infrastructure facility; however, upon completion of construction, the investor shall transfer the facility to the State of Vietnam. Then the Government shall grant the investor the right to operate commercially such facility for a fixed duration in order to recover the invested capital and gain profits.

BT contract (Build-transfer contract) means the investment form signed by a competent State body and an investor in order to construct an infrastructure facility; and, upon completion of construction, the investor shall transfer the facility to the State of Vietnam. Then the Government shall create conditions for the investor to implement another project in order to recover the invested capital and gain profits or to make a payment to the investor in accordance following an agreement in the Build-transfer contract.

Foreign investors may sign BT contract, BTO contracts and BOT contract with a competent State body to implement infrastructure construction projects in Vietnam. Especially, The contracts are for projects in the fields of electricity production, drainage, transportation, water supply, and waste treatment...

At ANT Lawyers - a law firm in Vietnam, Our English speaking lawyers help clients overcome cultural barriers and achieve their strategic and financial outcomes, and regulatory compliance while doing business in Vietnam. 

Thứ Năm, 14 tháng 9, 2023

Trademark Infringement lawyers in Vietnam assist trademark infringement

Trademark Infringement lawyers in Vietnam assist trademark infringement

Self protection of trademark infringement in Vietnam 

Owners of trademarks may need a lot of time and effort to protect themselves from trademark infringement in Vietnam. It is recommended to talk with brand name encroachment attorneys in Vietnam for help in light of the fact that the comprehension of specialized matters, lawful grounds and business practice in Vietnam.

The trademark owner in Vietnam has the self-protection right to: (i) apply technological measures to prevent acts of trademark infringement in Vietnam; (ii) request the organization or individual who commits an act of trademark infringement to terminate such act, make a public apology or rectification, and compensate damages when detecting the act of trademark infringement; iii) Make a request to the appropriate authority to deal with trademark infringement in accordance with the laws.

To begin, the infringing party can inform the infringing party that the infringed trademark is protected and that the infringing party is not to infringe in order to implement technological measures to prevent acts of trademark infringement. This information can include information about the original of emergence, the trademark certificate, the protection and duration scope, as well as other information about the right of the trademark owner. In addition, the owner of the trademark that is being infringed upon may employ the technical means or measures to mark, identify, distinguish, and safeguard the trademark that is being infringed upon.

Besides, the proprietor could likewise demand association or person who commits a demonstration of brand name encroachment to end such demonstration, make a general acknowledgment or correction, and remunerate harms. In particular, trademark owners can send information about the origin of the infringement, a trademark certificate, the protection scope, the duration of the protection, and a reasonable time frame for the infringer to stop the act of infringement to the infringer, or they can authorize an IP attorney in Vietnam to send this information to the infringer.

Additionally, the content of the written request will vary based on the situation and degree of infringement. This could be referred to as a prior-should-use measure taken prior to implementing technological measures. Both parties will save time and money if the violating party cooperates and stops the infringement.

Thirdly, proprietor of brand name could demand the capable position to manage demonstrations of brand name encroachment as per the arrangements of regulations.

When the trademark owner sends the above-mentioned request to the infringing party and the infringing party refuses to cooperate and continues the infringement, the infringing party may send the following information to the competent authority: date that the request was made; the name and address of the violator or their representative; name of getting demand authority; the name and address of the party infringing; in the event of a request for a temporary cessation of customs clearance for exports or imports suspected of infringement, the name and address of the suspected violator; brief data of encroached brand name and encroachment; suggested ways to deal with infringement; documents and evidence that are included with the request

The petitioner may request administrative, civil, criminal, or customs measures from the appropriate authorities based on the seriousness of the violation. It should be noted that additional information on the mode of import or export, country of exportation, mode of packaging, the lawful importer or exporter, and features of lawfully imported or exported goods for distinction from infringing goods must be provided when a request for temporary cessation of customs clearance for imports or exports suspected of infringement is sent to the custom authority.

How trademark infringement lawyers in Vietnam could help with trademark infringement in Vietnam?

In general, it is crucial to safeguard intellectual property rights. In addition, working with an IP attorney in Vietnam will make the registration, management, and protection of intellectual property from infringement as well as the handling of disputes against IP violators in Vietnam through administrative measures, civil litigation, or even criminal prosecution, all more efficient. 

Thứ Hai, 4 tháng 9, 2023

Legal Guidelines in Buying Property for Foreigners in Vietnam

Legal Guidelines in Buying Property for Foreigners in Vietnam

Vietnam has improved as a spot for outsiders to visiting and remaining. Many picked Vietnam as home and they come to Ho Chi Minh City, Ha Noi, Da Nang, Phu Quoc, Nha Trang… to purchase genuine property for residing. Numerous outsiders think about looking for understanding and with the warning of their real estate dispute attorneys in Vietnam to buy the property under their name for wellbeing assurance. There are various outsiders look to help out nearby Vietnamese under speculation consent to put resources into properties. It has forever been recommended the purchaser or financial backer to get legitimate guidance from real estate lawyers and law firm in Vietnam prior to committing the speculation partially.

As per the Law on housing 2005, foreign organizations and individuals putting resources into development of houses available to be purchased and rent in Vietnam reserve the option to possess the houses in Vietnam. Nonetheless, as per the arrangements of the Law on housing 2014, the house proprietors extend and incorporate outsiders being financial backers fabricating the houses under financial backer activities, unfamiliar associations working in Vietnam and unfamiliar people being permitted to enter Vietnam under the arrangements of the Law on Entry, Exit, Transit and Residence of Foreigners; furthermore, are not qualified for conciliatory honors and resistances.

Under the arrangements of the Law on housing 2014, unfamiliar associations and people are permitted to possess lofts, individual houses (villas and townhouses) in business lodging projects. The all out number of unfamiliar people/associations possessed doesn't surpass 30% of a high rise or doesn't surpass 10% or 250 places of a lodging project. Unfamiliar people might claim houses for as long as 50 years and are permitted to reach out for close to 50 years. Unfamiliar associations own the houses as indicated by as far as possible on the Investment Registration Certificate and the expansion time frame. During the hour of claiming the houses, unfamiliar people are permitted to sublease, yet unfamiliar associations are not permitted to sublease the houses.

For foreign individuals/organizations, while purchasing the houses in Vietnam, it is important to have a very much drafted deal for buy and offer of the houses since all freedoms and commitments connected with the buy, deals and responsibility for are managed in the agreement. Consequently, the purchaser ought to consider the agreement cautiously, generally with the assistance of real estate dispute lawyers in Vietnam whom comprehend Vietnam regulations prior to marking, to safeguard their genuine privileges and interests.

The foreigner while trading the houses, particularly off-plan house, need to likewise focus on the guidelines on installment plan for the agreement. As per Article 57 of the Law on housing 2015, the installment in the buy, deals, rent deals of the off-plan land in Vietnam is completed in portions, and the initial time should not surpass 30% of the agreement esteem, the following times should be as per the development plan, in any case, not surpassing half of the agreement esteem when not gave over when the purchaser is an undertaking with unfamiliar venture, not surpassing 70% the worth of agreement, in the event that the purchaser is the outsider individual the installment isn't surpass half the worth of the agreement prior to surrendering the house to the purchaser. Until the purchaser is given with an endorsement of land utilize right, responsibility for and different resources joined to the land, the purchaser will pay something like 95% the worth of agreement.

Foreigners in Vietnam should be helped to be know all about the regulations connecting with the buy and offer of real estate to safeguard their authentic privileges and interests while taking part in exchanges in Vietnam. The foreigners actually must consider utilizing the administrations of real estate dispute law firm in Vietnam having some expertise in land to advise and help manage the transaction. 

Thứ Năm, 24 tháng 8, 2023

The Importance of Legal Translation Services in Vietnam

The Importance of Legal Translation Services in Vietnam

In an undeniably globalized world, viable correspondence across language boundaries is essential, especially in legitimate issues. Legitimate interpretation administrations in Vietnam assume an essential part in crossing over language barriers and guaranteeing precise comprehension and translation of lawful messages and records.

Ensuring Accuracy and Precision of Translation Services in Vietnam

Legal translation is a profoundly specific field that requests mastery in both legitimate ideas and language proficiency. The complicated idea of overall sets of laws, phrasings, and designs expects interpreters to have thorough information on the source and target dialects, as well as profound experience with the legal systems involved.

In Vietnam, where official procedures and documentation are directed in Vietnamese, the requirement for exact interpretation emerges while managing worldwide exchanges, contracts, protected innovation freedoms, and other lawful issues including unfamiliar elements. Failure to effectively translate legal documents can prompt misconceptions, legal disputes, and compromised arrangements, possibly bringing in financial loss or damage to reputation.

Accuracy is vital in lawful interpretation, as even a minor blunder or exclusion can have huge results. Legitimate experts depend on exact and dedicated interpretations to accurately appreciate and decipher authoritative reports. By using proficient legal translation services in Vietnam, clients benefit from interpreters who have phonetic abilities as well as particular lawful information. These interpreters comprehend the intricacies of lawful wordings, guaranteeing that each term and idea is precisely deciphered, saving the expected importance and legitimate ramifications of the original document.

Besides, proficient lawful interpreters follow a thorough quality control process, including editing, altering, and checking, to ensure the precision and consistency of the translated text. This attention to detail guarantees that clients can believe the interpreted reports for lawful purposes, staying away from potential legal traps brought about by wrong interpretations.

Language is profoundly interwoven with culture, and legitimate interpretation should consider social subtleties to pass on the expected message precisely. With regards to Vietnam, a country with its own special social and lawful qualities, proficient legitimate interpreters have a nuanced comprehension of the local legal system This commonality permits them to precisely interpret lawful ideas and adjust the language to line up with social standards and legitimate practices.

In the legal field, time is frequently of the essence. Proficient legitimate interpretation administrations in Vietnam focus on convenient conveyance without compromising exactness. Interpreters stick to settled cutoff times, empowering clients to continue with official procedures, agreements, or exchanges without pointless deferrals. Furthermore, legitimate interpretation specialist organizations maintain severe secrecy norms. Secrecy arrangements and secure information taking care of conventions are executed to safeguard clients' data, guaranteeing that lawful interpretations are dealt with the greatest possible level of amazing skill and privacy.

In conclusion, in the present globalized legal scene, precise correspondence is basic for fruitful legitimate results for financial backers and money managers carrying on doing business in Vietnam. The utilization of expert legal translation services in Vietnam ensures precision, keeps up with the trustworthiness of legitimate correspondences, and improves the general viability of legitimate cycles in Vietnam's assorted and dynamic legal environment. 

Thứ Hai, 14 tháng 8, 2023

Navigating Complexities and Safeguarding Property Rights with real estate litigation lawyers in Vietnam

 The Crucial Role of Real Estate Litigation Lawyers in Vietnam

Real estate transactions in Vietnam are on the ascent, driven by expanding urbanization. Notwithstanding, exploring the complex legitimate scene of the Vietnam housing business sector can be trying for both homegrown and worldwide financial backers. Real estate litigation lawyers assume a basic part in this unique situation, offering master direction and portrayal to defend property freedoms and resolve questions really.

The Crucial Role of Real Estate Litigation Lawyers in Vietnam

The Vietnam real estate market is assorted and dynamic, incorporating private, business, modern, and rural properties. With the rising interest for land and properties, land exchanges include different partners, including purchasers, venders, designers, property managers, occupants, and government organizations.

Understanding the legitimate subtleties and complexities of land exchanges is essential to guarantee consistence with regulations and guidelines, limit gambles, and safeguard property privileges. Real estate litigation lawyers in Vietnam have top to bottom information on Vietnam land regulations, guidelines, and market works on, making them exceptional to direct clients through each step of the real estate process.

One of the essential jobs of real estate litigation lawyers in Vietnam is to give master help with drafting and assessing land contracts. Whether it's a deal and buy understanding, rent understanding, improvement understanding, or joint endeavor contract, these legal advisors guarantee that the agreements are lawfully strong, safeguard their clients' advantages, and line up with Vietnam land regulations. They fastidiously investigate legally binding terms, recognize expected gambles, and haggle in the interest of their clients to get good agreements. Moreover, real estate litigation lawyers in Vietnam exhort clients on consistence with administrative necessities, divulgence commitments, and the utilization of standard industry terms.

Before taking part in any land exchange, exhaustive property a reasonable level of effort is fundamental to survey the property's legitimate status, proprietorship, and likely dangers. Real estate dispute lawyers in Vietnam lead far reaching a reasonable level of effort examinations, looking at land titles, encumbrances, allows, and drafting guidelines. This persistence assists clients with settling on informed conclusions about the suitability and potential dangers related with a property speculation. Recognizing any lawful issues or inconsistencies in advance permits clients to proactively relieve dangers and address possible difficulties.

In Vietnam, land use privileges are a perplexing part of land exchanges. Real estate litigation lawyers  help clients in understanding the different sorts of land use privileges, like leasehold, freehold, and land use freedoms for unfamiliar financial backers. They give direction ashore use arranging, land designation, and transformation methodology. Moreover, these Real estate litigation lawyers assist clients with exploring land possession debates, limit questions, and issues connected with the obtaining of land-use freedoms. Their mastery in land regulations and guidelines guarantees that clients' property privileges are legitimately safeguarded, and they can unhesitatingly continue with their land speculations.

Questions in land exchanges are normal, and when clashes emerge, land prosecution legal counselors in Vietnam become significant supporters for their clients. These legal counselors are knowledgeable about dealing with an extensive variety of land questions, for example, break of agreement claims, expulsion activities, title debates, development debates, and requirement of property privileges. They help clients in investigating elective debate goal strategies, like exchange, intercession, and mediation, to arrive at neighborly settlements and keep away from expensive suit whenever the situation allows. Be that as it may, assuming suit becomes fundamental, land prosecution legal counselors in Vietnam address their clients in court procedures, introducing powerful claims and proof to safeguard their clients' property privileges and monetary interests.

Land projects frequently require different government endorsements and grants. Real estate litigation lawyers in Vietnam are knowledgeable in the administrative scene and help clients in getting the fundamental endorsements, allows, and licenses from significant specialists.

In conclusion, real estate litigation lawyers in Vietnam assume a key part in the nation's flourishing property market. With their profound information on Vietnamese land regulations, guidelines, and market rehearses, they guide clients through the intricacies of land exchanges, safeguard property freedoms, and resolve questions actually. Whether helping with contract drafting, an expected level of effort, land use issues, question goal, administrative consistence, or government endorsements, land case legal counselors contribute fundamentally to guaranteeing a straightforward and secure housing market in Vietnam. Their master direction and portrayal are fundamental for financial backers looking for progress and strength in this lively and quickly advancing area while carrying on doing business in Vietnam.

Chủ Nhật, 30 tháng 7, 2023

How Foreigners Can Easily Own a House in Vietnam?

How Foreigners Can Easily Own a House in Vietnam?

Because making an overseas property investment is a significant decision, it is recommended that the investors consult with real estate dispute lawyers in Vietnam for assistance in determining the developer's eligibility, construction permits, and other project-related legal documents. To ensure the protection of rights, reduce risks, and ensure compliance, it is essential to review the transaction documents in relation to the deposit agreement, sales agreement, and any other agreements the developer might propose.

How Foreigners Can Easily Own a House in Vietnam?

On November 25th, 2014, the National Assembly of the Socialist Republic of Vietnam has approved the Housing Act 2014. The fact that a foreigner can buy a house in Vietnam is one of the most notable new changes.

Houses can be owned by foreign organizations and individuals in Vietnam:

-Overseas organizations and individuals putting resources into lodging development under projects in Vietnam as per the arrangements of the Housing Law and related authoritative archives;

-In Vietnam, businesses with foreign investment capital are operating, as are foreign investment funds, foreign bank branches, branch or representative offices of foreign businesses, and foreign investment funds.

-Foreign citizens are allowed to enter Vietnam.

What are forms of ownership housing foreigner in Vietnam?

-investment in the construction of housing in Vietnam as part of the project, in accordance with the Housing Law and related legislation;

-Apartments and single-family homes are included in the investment projects of housing construction. Commercial housing can be purchased, leased, donated, or passed down. (With the exception of housing projects aimed at safeguarding Vietnam's national defense and security, as mandated by the Government of Vietnam).

What are conditions, rights and obligations of foreigner when buy house in Vietnam?

For people or associations putting resources into lodging development under a project in Vietnam while seeking to possess houses in Vietnam they should fulfill the accompanying circumstances:

-Have an investment certificate

- Have housing developments constructed within the project in accordance with housing law.

When looking to buy a house in Vietnam, foreign businesses with foreign investment capital, branch or representative offices of foreign businesses, foreign investment funds, and foreign bank branches must meet the following conditions:

-Have investment certificates or documents relating with the license to operate in Vietnam gave by the skillful State offices of Vietnam.

Foreign individuals buying a house in Vietnam

-Allowed entry into Vietnam, but do not entitled to diplomatic and consular privileges and immunity.

Foreign businesses with foreign investment capital, branch or representative offices of foreign businesses, foreign investment funds, and foreign bank branches in Vietnam, as well as individual foreign buyers of homes in Vietnam, are eligible to own homes in Vietnam when:

-Rent, buy, donate, inherit, or own no more than 30% of an apartment building's units; Foreigners are not permitted to buy, lease, donate, inherit, or own more than two hundred fifty individual houses, including villas and semi-detached houses, in areas with a population equivalent to that of ward-level administrative;

-In accordance with the terms of the contract of sale, lease, donation, or inheritance, foreign individuals are entitled to own a home for a maximum of 50 years from the date of issuance of the certificate of ownership, which may be extended as required by the government. The certificate must also specify the period of ownership of the property;

-In the case of foreign individuals married to a citizen of Vietnam or hitched to a Vietnam resident got an outside country, they can possess the houses for a long and stable term. Additionally, like Vietnamese citizens, they enjoy owner rights;

Foreign organizations shall have the right to own a house in accordance with the contract of sale, lease, donation, or inheritance, but not longer than the period outlined in the certificate of ownership, which may include an extended period. The time it takes to own a house starts on the date the certificate of ownership is received and is listed on the certificate.