ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Ba, 31 tháng 7, 2018

What Are Permits for Importing Cyber Information Security Products?

According to Article 48, Law on Cyber Information Security, the import licenses and permits required for Cyber information security products are regulated as following: Cyber security in Vietnam 1.To import cyber information security products on the Government-prescribed list of cyber information security products subject to import permit, an enterprise shall obtain a permit for import of cyber information security products from a competent...

Chủ Nhật, 29 tháng 7, 2018

What Laws Will be Applied for Dispute Settlement by Arbitration in Vietnam?

Under Article 14 of Law on Commercial Arbitration, applicable laws for dispute settlement by arbitration in Vietnam will be Vietnamese if the case involve no foreign element.  If dispute involving foreign invested enterprise, parties need to agree on language.  If parties do not have such language agreement for arbitration, the arbitration council will decide. In particular:  Arbitration Lawyers in Vietnam For a dispute...

Thứ Năm, 26 tháng 7, 2018

Several Noted Points on Law Competition of 2018

Vietnam Law on Competition has been adopted and will be effective on July 1st, 2019. The competition law of 2018 has changed in comparison with the Law on Competition 2004.  Theses changes are fundamental which enterprises should be aware of when entering into Vietnam through M&A activities. Competition lawyer should be consulted for update and development to avoid non-compliance. Competition Lawyers in Vietnam Competition...

Thứ Hai, 23 tháng 7, 2018

What are Requirement on Sending Notices in Arbitration Proceedings in Vietnam?

According to Article 12 of Vietnam Law on Commercial Arbitration, unless otherwise agreed by the parties or provided by the arbitration center’s rules of proceedings, the mode and order of sending notices in arbitral proceedings for dispute are specified as follows: Each party’s written explanations, correspondence papers and other documents shall be sent to the arbitration center or arbitration council in sufficient copies so that every member...

Chủ Nhật, 22 tháng 7, 2018

When Shall Copyright is Generated and Established?

According to Article 1 of Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property in 2009, amending Article 3 of Law on Intellectual Property in 2005 (Vietnam IP Law), subject matters of copyright include literary, artistic and scientific works. Copyright Consultant in Vietnam Copyright means rights of organizations and individuals to works they have created or own. According to Article 6 of Vietnam IP...

Thứ Năm, 19 tháng 7, 2018

When Shall Trademark Right is Generated and Established?

Mark is one of subject matters of industrial property rights under Vietnam Intellectual Property Law (Vietnam IP Law).  Mark means any signs used to distinguish goods or services of different organizations or individuals.  Registered trademark protection in Vietnam According to Article 6 of Vietnam IP Law, industrial property rights to mark shall be established on the basis of a decision of the competent State body to grant...

Thứ Hai, 16 tháng 7, 2018

When Shall Copyright is Generated and Established?

According to Article 1 of Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property in 2009, amending Article 3 of Law on Intellectual Property in 2005 (Vietnam IP Law), subject matters of copyright include literary, artistic and scientific works. Copyright Consultant in Vietnam Copyright means rights of organizations and individuals to works they have created or own. According to Article 6 of Vietnam IP...

Thứ Năm, 12 tháng 7, 2018

ANT Lawyers Sharing on Contract Negotiations at EuroCham

A business workshop has been scheduled on Jul 18th, 2018 at EuroCham Vietnam on understanding and negotiating commercial contracts by Thomas Giglione, an ADR, mediation and conflict management training expert at ANT Lawyers. Conflict management training services in Vietnam The objective of the training is to help commercial personnel of the organizations to be aware of basis to understand commercial contracts and contractual...

Thứ Tư, 11 tháng 7, 2018

What are Regulations on Collection and Use of Personal Information Under Cyber Information Law?

According to Article 17, Law on Cyber Information Security 2015, the collection and use of personal information are regulated as following: Cyber information law firm in Vietnam 1. Organizations and individuals that process personal information shall: a/ Collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information; b/ Use the collected personal...

Thứ Ba, 10 tháng 7, 2018

What Are Prohibited Acts Under the Law on Cyber Information Security?

The Law on Cyber Information Security has been promulgated in 2015.   According to Article 7, Law on Cyber Information Security, prohibited acts are: Cyber security lawyer in Vietnam -Blocking the transmission of information in cyberspace, or illegally intervening, accessing, harming, deleting, altering, copying or falsifying information in cyberspace. -Illegally affecting or obstructing the normal operation of information...

Thứ Hai, 9 tháng 7, 2018

What is Venue for Dispute Settlement by Arbitration in Vietnam?

According to Article 11 of Vietnam Law on Commercial Arbitration, the venue for dispute settlement byarbitration in Vietnam is as agreed by parties or decided by arbitration council.  In particular:  Arbitration Lawyers in Vietnam The parties may reach agreement on venues for dispute settlement. If no agreement is made, the arbitration council shall decide on such venue. A venue for dispute settlement may be...

Chủ Nhật, 8 tháng 7, 2018

What are Languages in Arbitration Proceedings in Vietnam?

According to Article 10 of Vietnam Law on Commercial Arbitration, language used in arbitration proceedings resolving dispute is Vietnamese if both parties are Vietnamese or foreign language as agreed by parties if one of the parties is foreign owned enterprise.  In particular: Arbitration Lawyers in Vietnam For disputes involving no foreign element, the language to be used in arbitral proceedings is Vietnamese, except disputes to...

Thứ Năm, 5 tháng 7, 2018

What Documents Required to File Petition by Arbitration in Vietnam?

According to Article 30 of Vietnam Laws on Commercial Arbitration, petitions and enclosed documents for initiating dispute by arbitration in Vietnam will be submitted as following instructions: Arbitral Award Enforcement Law Firm in Vietnam When a dispute is settled at an arbitration center, the plaintiff shall file a petition at the arbitration center as agreed. When a dispute is settled by ad hoc arbitration, the plaintiff shall make...

Thứ Ba, 3 tháng 7, 2018

What are Principles of Dispute Settlement in Arbitration?

According to Article 4 of Vietnam Law on Commercial Arbitration, the following principles must be adhered to during dispute settlement inarbitration: Arbitrators must respect the parties’ agreement if such agreement neither breaches prohibitions nor contravenes social ethics. Arbitration Lawyers in Vietnam Arbitrators must be independent, objective and impartial and shall observe law. Disputing parties are equal in their rights...

Chủ Nhật, 1 tháng 7, 2018

When Arbitration Could Settle a Dispute in Vietnam?

When Arbitration Could Settle a Dispute in Vietnam? Under the Law on Commercial Arbitration effective Jan 1st, 2011, and other guidance, in principle, arbitration could only be used in disputes among parties which arise from commercial activities, disputes among parties at least one of whom conducts commercial activities, and other disputes among parties which are stipulated by law to be settled by arbitration in Vietnam. Lawyer should be...