WHAT HAS CHANGED IN VIETNAM INVESTMENT LAW 2014?

The new Investment Law 2014 announced by Vietnam Government on December 26th, 2014 has come into effect on July 1st, 2015. The new law introduces changes which include more opening policies for foreign investors to establish and set-up businesses in Vietnam. What makes foreign investors hesitate to invest and set-up business in Vietnam? The administrative problems and lack of transparency; the inconsistencies in implementing the principle...

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REAL ESTATE LEGAL MATTERS IN VIETNAM

In general, it is not permitted to own land in Vietnam as a private entity because the land belongs to the people and the State of Vietnam thereby operates as the administrator. However an ownership of a right to use land is permitted according to Vietnamese Law.  This so-called Land Use Right (“LUR”) Certificate provides the means to lease land from the State for Vietnamese and foreign people.  This LUR Certificate entitles the land...

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VIETNAM LAW ON JUDICIAL RECORDS

Foreigners whom are working in Vietnam are suggested to apply and obtain crimial record card in Vietnam (or police check)before leaving the country as he/she might need it in the future for job application, immigration purposes, or marriages. Once left the country, he/she could still apply for judicial record card in Vietnam however the process will be longer and more complex.  In such cases, our lawyer in law firm in...

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US INVESTORS SET UP BUSINESS IN HO CHI MINH CITY

United States (US) businesses are expecting to pour investment capital and set up business in Ho Chi Minh City(HCMC) in the near future, when Vietnam and the US are members of the Trans-Pacific Partnership agreement (TPP). Statistics from the Department of Planning and Investment of HCMC showed that in 2015, the city has attracted 26 investment projects from the US with a total capital of approximately 135.4 million USD. In the first 2...

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PATENT REGISTRATION PROCEDURES IN VIETNAM

ANT Lawyers is a patent law firm in Vietnam that can assist client in the patent registration process and other patent relating issues. Time and procedures for patent registration: + The time for form evaluation: 01 months from the date of receipt; + The time to publish the application: 18 months from the priority date or the 2nd month after receiving the request for content evaluation; + The time for content evaluation: 12 months...

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10 QUESTIONS TO ASK BEFORE SETTING-UP COMPANY IN VIETNAM

Foreigners are encouraged to make investment in Vietnam through direct investment by Setting up company in Vietnam. However there are restrictions in some cases in regard to investment capital, investment area, special licenses required. The investor is suggested to consult with a law firm in Vietnam for advice and service offering. Before setting up business in Vietnam, ask yourself the following questions: 1. Which business...

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HOW FOREIGNERS COULD WORK IN VIETNAM LEGALLY

Foreigners working in business set-up in Vietnam are expatriates which are normally required work permit in Vietnam. As the Vietnam law’s restrictions to encourage employment of local employee over foreign employee, normally, the employment of an expatriate is limited to a managerial position or to a position which Vietnamese employee are not yet qualified. There are exemption of work permit in Vietnam as following...

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FORMS OF COMPANY TO BE SET-UP IN VIETNAM

According the Vietnam Law on Enterprises, there are four common types of companies: Forms of Company to be Set-up in Vietnam Private enterprise is an enterprise owned by an individual who is liable for all of its operations with his/her entire property; Partnership is an enterprise in which (i) there are at least two partners who are co-owners of the company, jointly conduct business under one common name; in addition to general partners, there...

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CRIMINAL RECORD CARD IN VIETNAM

Criminal record cards or Police check provides criminal or judicial information about a person in Vietnam.  The Vietnam law on criminal record governs the process to obtain the criminal records cards. Criminal record card in Vietnam Accordingly, to obtain the Criminal Record cards in Vietnam, the applicant must apply at the provincial/ municipal Justice Department in Vietnam.  For foreigners residing in Vietnam,...

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