Important Matters on Intellectual Properties 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...

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Several Noted Points on Law Competition of 2018 in Vietnam

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.  These 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 Firstly, the Competition...

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Vietnam attracts clean energy investment

On the morning of July 22nd, 2020, the High-Level Forum on National Energy Development 2020 took place at the same time many investment signing activities among leading energy enterprises in Vietnam, the region and in the world, open up a strong and sustainable period of clean energy development in Vietnam. At the forum, the signed projects include: gas power plant project in Ca Na – Ninh Thuan province, LNG Chan May gas power plant project in...

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What Procedures an Enterprise Complies on Publishing Business Information?

Provisions on announcing of business information are stipulated in the Law on Enterprise and other decrees which company has to comply as part of compliance procedures. After being granted an enterprise registration certificate, under the Enterprise Law, an enterprise must publicly announce it on the National Business Registration Portal according to the order, procedures and pay fees as required. The application for publication of enterprise...

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What Are Conditions to Clean Up Criminal Records?

Offenders who have completely served their penalties shall be given conditions to do business, live honestly and integrate with the community, and when they meet all the conditions prescribed by law, their conviction may be expunged and their criminal records will be cleaned. A person whose criminal record is removed is considered as having not been convicted. There are three cases of conviction expungement, including: Automatic conviction expungement;...

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Da Nang Hi-Tech Park – Investment Attraction in 2021

On February 5th, 2021, Da Nang High-Tech Park and Industrial Zones Authority granted the Investment Registration Certificate to a Japanese corporation to invest in the Research Center project, Development and Production with total investment capital of 35 million USD.   This is a project to carry out scientific research and technology development in the fields of science, engineering and technology for the next generation of robots, unmanned aircraft,...

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Patent Registration Procedures in Vietnam

Patent ownership of an invention or a utility is only established by the registration procedure, and in accordance with the scope of protection defined in each patent in Vietnam. Once a dispute arisen, without other evidences, the patent is the only and the most important proof to prove the ownership. Therefore, it is advised that filing a patent for an invention or a utility model shall be a prior prevention of an infringement.  Under the...

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“First to File” Principle in Intellectual Property Registration

First to file principle is one of the two principles in protecting industrial property besides priority principle. Accordingly, in case many applications are filed for registration of the same invention or similar inventions, or for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications...

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How to Draft Contract for Licensing of Industrial Property Rights in Vietnam?

Licensing of industrial property rights is one of the legal measures to transfer technology. In accordance with Law on Intellectual Property, licensing of an industrial property rights means permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of the owner’s right. Licensing of industrial property rights must be established in the form of a written contract....

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Signs of possible corporate frauds to notice and avoid

Vietnam has signed many Free Trade Agreements with many countries and regions around the world, which makes international economic exchange easier. However, the expansion of international trade also makes many businesses at risk when they encounter fraudulent customers in their business.   According to the Ministry of Industry and Trade, in 2020, the Trade and Embassy of Vietnam in the a number of countries continuously received invitations...

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What are Forms of Arbitration Agreement under Vietnam Laws

Under Article 16 of Vietnam Law on Commercial Arbitration, forms of arbitration agreement resolving disputes are in written form.  In particular: An arbitration agreement may be made in the form of an arbitral clause in a contract or in the form of a separate agreement. Arbitration lawyers in Vietnam An arbitration agreement must be in writing. The following forms of agreement may also be regarded as written form: 1.Agreement made through...

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How Non-voting Depositary Receipt Work?

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. Finance Dispute Law Firm in Vietnam Although the Government has...

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What Are Tax Obligations of a Representative Office in Vietnam?

Vietnam-based representative office of a foreign trader means a dependent unit of the foreign trader, which is established under the provisions of Vietnamese law to conduct market survey and a number of commercial promotion activities permitted by Vietnamese law. Representative office of foreign trader in Vietnam has the rights and obligations in accordance with the law of Vietnam. Foreign trader is responsible before the law of Vietnam for all...

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Whom is Exempted from Work Permit Since 2021?

On December 30, 2020, the Government issued Decree No. 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese employees to work for the foreign employers in Vietnam.   In which, foreign workers in Vietnam are not required to be granted work permits include: The employee is the owner or capital contributor of a limited liability company with a capital contribution of at least 3 billion VND; Chairman...

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