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Thứ Năm, 9 tháng 1, 2020

M&A Foreign Capital Dominates, Pouring into Education


Foreign investors are interested and want to invest in Vietnam education market.

Foreign direct investment (FDI) into education sector from August 2018 – the time when Decree 86/2018/ND-CP takes effect – reached 97 million USD in October 2019, of which M&A activities, in particular buying shares in education sector accounted for 37%.
education M and A foreign capital in Vietnam
This figure shows that foreign investors are more interested in a more collaborative strategy to reduce risks in education investment.

Regarding the trend of attracting foreign capital into Vietnam’s education market, FDI into this field will continue to increase, in which the trend of cooperation is a key strategy.

In 2018, the education sector had two important Decrees: Decree 135 and Decree 86. These two decrees have simplified conditions for investment in the education sector for both domestic and foreign investors.

In particular, Decree 135 has simplified the legal and operation requirements, shortened administrative procedures, while Decree 86 has reduced the requirement for personnel and increased the enrollment limit for Vietnamese students.

Overall, education accounts for less than 2% of total FDI into Vietnam. High tax costs, personnel requirements, minimum required capital for foreign investment, besides a complex approval process are some of the significant barriers for foreign investors.

It is still too early to fully assess the impact of Decree 86, but it can be seen that the level of foreign investors’ interest in Vietnam’s education market has increased significantly.

Before the effective date of Decree 86, foreign investors faced many barriers when investing in education, such as limiting the percentage of Vietnamese students: 10% for primary school and 20% for high school level. International schools in Vietnam therefore depend heavily on the enrollment of foreign students.

After this Decree came into effect, international schools took advantage of opportunities and promoted the enrollment of Vietnamese students. This move has certainly affected the attraction of foreign investors considering the attractive opportunities of the international education market in Vietnam.

The number of international schools in Vietnam with affordable tuition is quite limited, but often, schools with small and old campuses and basic facilities will have a modest tuition fee. ExpatFinder’s latest international school fee survey shows that the average annual tuition of international schools in Vietnam is 17,940 USD, ranking 13th in the world and 5th in Asia. Countries with higher fees may include China, Singapore, Hong Kong and Australia. However, there is always a significant source of demand for international schools in Asia, because this is the stepping stone for their children to apply for prestigious universities in the Western countries.

In addition, the recruitment needs of children from foreign experts in Vietnam are also increasing. Vietnam will attract more FDI after the signing of trade agreements and become an ideal alternative destination for multinational companies in the context of the US-China trade war.

The number of foreigners working in Vietnam will increase, bringing with them their families, thereby creating a significant demand for international education, especially in cities that attract a lot of FDI. In 2018, Vietnam had more than 320,000 foreign workers, an average increase of 8% per year since 2008. A survey of HSBC’s foreign workers in 2019 showed that Vietnam rose from the 19th position to 10th on the ranking of countries with “attractive working and living environment” because of low living costs and rising incomes.

Which area of business foreign investors could invest in Vietnam?


Recently, Vietnam has been an attractive investment destination to foreign investors thanks to the social-economic innovation policy from the early 80s of the twentieth century to the present. The economic, political and social situation always keeps stability and achieves remarkable developments, establishing trade relations with most countries in the world. Especially, Vietnam Government has been focusing efforts to improve the investment and business environment, which is favorable for not only domestic investors but also foreign investors. The Government has been issuing policies to improve the business environment, support business development and take decisive actions through resolutions and legal documents.
foreign investment business areas in Vietnam
In addition to continuing to implement incentive policies to attract foreign investment such as corporate income tax exemption and reduction, import tax exemption for a number of industries, exemption from rent and land use,…the Government is also committed to reform administrative procedures to simplify procedures, create the best conditions for investors, and opening the economy for foreign investors.
Foreign investors, when investing in another country, must identify their business lines and areas of business, and consult with experts or Vietnam lawyers whether that business line is subject to any special conditions. There are areas with out conditions of investment and but there are also industries that are restricted from doing business under strict conditions, and even prohibiting business in specific professions on purpose.
In Vietnam, the investors of Vietnamese are free to do business in area which which is not in the list of prohibited. For foreign investors, the business lines allowed to invest are considered based on Vietnam’s WTO Commitments on Trade in Services and the Agreements signed between Vietnam and other countries. After that,  business conditions in each specific industry to foreign investors will be applied.
General conditions applied to domestic and foreign investors are that investors are entitled to carry out business investment activities in industries and trades which are not prohibited by laws. The industries and trades banned from business investment include: trading in narcotic substances; trading in some toxic chemicals, precursors, minerals; trading in specimens of wild plants and animals according to the provisions of Appendix 1 to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; specimens of endangered, precious and rare wild animals and plants of Group I originated from nature according to the provisions of the Investment Law; trading in prostitution; buying and selling people, tissues, body parts; business activities related to asexual reproduction on people; and trading in firecrackers.
Apart from the above-said prohibited business and investment lines, the remaining industries and trades are divided into conditional business lines and common business lines. For common business lines, investors can freely invest without barriers. By contrast, conditional business lines impose conditions that must be met if organizations wish to invest. Understanding the business lines is the first step for investors to enter the Vietnam market and consulting with Vietnam lawyers would help investors make informed decision for their business plan in Vietnam.

Thứ Năm, 2 tháng 1, 2020

Procedures for processing applications for registration of industrial designs


Many enterprises invest a significant amount of time and resources to improve their product design in order to match products to specific customer groups. Industrial design means the outward appearance of a product embodied in three dimensional configuration, lines, colours or a combination of such elements [Clause 13 Article 4 Law on intellectual property 2005 (IP law)] and industrial design is under industrial property rights (Clause 2 Article 3 IP law).
industrial design application processing in Vietnam
There are several important reasons for enterprises to protect their designs, such as creating an appeal or attraction to customers, increasing the commercial value of the company, a key factor in the company's marketing strategy, creating an additional revenue for company either by collecting a fee from licensing the design to others or by selling the rights of the registered design.
Regarding conditions for protection of industrial designs, general conditions comprise: Novelty; Creativity; Being able of industrial application (Article 63 IP law). Three conditions are stipulated clearly at Article 65,66,67 IP law. Objects ineligible for protection as industrial designs are Outward appearance of a product which is necessarily due to the technical features of the product; Outward appearance of civil or industrial construction works; Shape of a product which is invisible during the use of the product (Article 64 IP law).

Regarding procedures for processing applications for registration of industrial designs (applications) and for granting protection titles,
Firstly, documents needed to prepare must meet the general requirements, uniformity and particular requirements on applications (Article 100,101,103 IP law). In accordance with Article 107 IP law, authorization for carrying out procedures related to the establishment, maintenance, extension, amendment, termination and invalidation of protection titles must be made in writing in the form of a power of attorney (no valid term shall be considered valid indefinitely, and validity shall be terminated only when the principal declares termination of validity). Power of attorney’ s contents  are stipulated at Clause 2 Article 107 IP law.
Secondly, the State administrative body for industrial property rights (body) receives applications for registration of industrial property if the application consists of at least the following documents and information: A declaration for registration of industrial design; Description, a set of photos and drawings and a description in the case of an application for registration of an industrial design;
Thirdly, the body examines formal applications. Valid or invalid applications shall be notified (Article 109 IP law).
Fourthly, applications which have been accepted as being valid by the body shall be published in the Official Gazette of Industrial Property in accordance with the provisions of Article 110 IP law. Applications shall be published within two months as from the date such application is accepted as being valid.
Fifthly, third party’s opinions on the grant of protection titles (Article 112 IP law).
Sixthly, examining substantive applications (Article 114 IP law).
Seventhly, an applicant shall have the following rights of amendment, supplementation, division and conversion application before the body for industrial property rights notifies a refusal or decides to grant a protection title (Article 115, 116 IP law).
Finally, the body shall decide to refuse or to grant a protection title and enter it in the National Register of Industrial Property (Article 118 IP law).
About time-limit for processing applications, an application shall have its form examined within one month from the filing date, substantively examined within six (6) months from the date of publication of the application. The time-limit for re-examination of an application shall be equal to two-thirds of the time-limit for the initial examination, and may, in complicated cases, be extended but must not exceed the time-limit for the initial examination. The duration for amendment or supplementation of applications shall not be included in the time- limits specified in clauses 1, 2 and 3 of Article 119 IP law.

Thứ Tư, 1 tháng 1, 2020

Danang city Meeting the First Korean Consul General in Central Region


On December 16th, 2019, Danang City held a meeting with the new Korean Consul General Mr. Ahn Min Sik, the first Korean consul general in Central Region of Vietnam. Currently, Danang is a city that attracts a large number of Korean people to travel, live and invest to set up company. Therefore, the establishment of the Korean General Consulate in Danang is an opportunity to further expand the friendly relationship between the two countries.
Da Nang Korean consul general
In addition, the representative of Danang city also expressed his desire to attract more Korean investors in such fields as tourism, high technology, information technology and other industries. And the city has also leveraged the strengths and advantages in socio-economic development of the city in recent years. The city also hopes that the establishment of a KoreanGeneral Consulate in Danang will contribute to boosting many investors fromKorea into Danang and contribute to increasing the number of Korean tourists to the city.
Mr. Ahn Min – Sik’s important tasks during his mission was to promote the attraction of Korean investment into Central of Vietnam including Danang. At the same time, further promote cooperation on the field of tourism between the two countries. According to ambassador Mr. Ahn Min – Sik, nowadays, many Korean people have come to Vietnam to travel, and his task is to make efforts for Korean tourists to return to Vietnam for the second and third time and many more after that.
Mr. Ahn Min – Sik affirmed that he would always accompany the city, making efforts for the development of Danang and South Korean localities, as well as for the good friendship between the two countries. The parties hope to have more opportunities to cooperate with each other, in all fields such as tourism, investment, culture, education,… to confirm the friendly relationship between Vietnam and South Korea in the near future.

Thứ Hai, 30 tháng 12, 2019

Process for Trademark registration

A Trademark is a name, logo, tagline, colors that identify a product or service. Business owners are given rights on their trademarks.Trademark is essential as it protects any word, name, slogan, design, or image that identifies a business or brand and distinguishes it from others. It also gives right to the mark and allows the holder to file lawsuit against infringers. It has an unlimited term but must be renewed after every 10 years.


Process for Trademark registration
Before you start registration of your trademark, you need to conduct a trademark search in which you need to search the trademark database to check whether there is any other similar or identical trademark. After the completion of trademark search, Trademark registration can be filed with the fees in the Trademark Registrar. Then the registration application is allotted to a Trademark officer, who decides whether the application is accepted or rejected. If the trademark registration application is rejected, the applicant can appear before the officer to address the problem occurred at a given date and time. When the application is accepted it is published in the trademark journal with other trademark registrations for the public to see and if needed then oppose. If there is no objection within 90days then registration is accepted. But if there is an objection then a hearing is called before the Trademark hearing office where the applicant and the objecting party gives evidence for their stand. Based on the evidence and hearing the officer decides to accept or reject the Trademark registration.
If not opposed then the Trademark registration certificate will be given.

Documents Required for Trademark Registration
-Date of using the Logo/Tagline (Any supporting document for the same)
-Power of Attorney signed by the applicant
-Softcopy of the Logo/Tagline
Source: Quora

Thứ Năm, 26 tháng 12, 2019

Issuing Investment Certificate for Foreign Investors


Foreign investors whom wish to carry out business in Vietnam need to have investment project proposal prepared for submission to State Authority in Vietnam.  Investment projects of foreign investors and projects of economic organizations with 51% or more foreign owned capital (except for cases of capital contribution, purchase of shares or capital contributions of economic organizations) need to follow procedures for issuing Investment Registration Certificate (IRC).
Investment registration certificate records information of an investor’s registration of an investment project. In Vietnam, the agency which has competent to grant, adjust and revoke investment registration certificates is the Department of Planning and Investment or the Management Board of Industrial Parks, Export Processing Zones, High-Tech Zone and Economic Zone depending on the specific project details. The time limit for issuing investment registration certificates for each project is usually 15 days from the date of receipt of a complete application dossier submitted by the investors.
When the investors need to change the scope, purpose of an investment registration certificate, he must carry out the procedures for adjusting the investment registration certificate corresponding to the changed content. Within 10 days, this procedure will have results based on the records that investors submit to the competent authorities.
The existence of an investment project permitted by the State for an investment project in an economic zone shall not exceed 70 years; investment projects outside economic zones shall not exceeding 50 years; investment projects implemented in geographical areas with difficult socio-economic conditions, areas with exceptionally difficult socio-economic conditions or projects with large investment capital but with slow capital recovery, the term can be granted longer but not more than 70 years.
In some cases, to ensure the project implementation in Vietnam, the State issues regulations that require obligations of investor. During the operation of a project, for projects that are allocated or leased land, permitted to change the purpose of land use by the State, investors must make a deposit from 1% to 3% of the project investment capital to ensure project implementation based on the scale, property and implementation schedule of each specific project. This deposit is returned to the investor according to the progress of the investment project, unless otherwise refunded. In addition, investors are responsible for ensuring the quality of machinery, equipment, technology lines to execute investment projects in accordance with law by themselves.
In case of subjective or objective reasons, the investor is entitled to transfer the investment project, delay the investment schedule, suspend the operation of the investment project, or terminate the investment project’s operation.

Thứ Ba, 24 tháng 12, 2019

Danang city Builds the Business Relationship with Tochigi Province of Japan


On December 19th, 2019, the representative of Danang city met the president of Tochigi province, lead by Mr. Fukuda Tomikazu paying a working visit in Danang.  At the moment, Japan is the top of country which invest in Danang.

Danang is receiving more than 130 investment projects and the total of investment capital is 800 million USD from Japan. The Japanese investors set up company, obtained investment registration certificate the area such as: hi-tech, supporting services, education, medical. Besides, Danang signed the official memorandum of understanding on business cooperation with some cities of Japan such as: Kawasaki, Kansai, Yokohama, Kirsarazu,… Danang show wishes to cooperate with Japan in many fields such as: economy, cultural, education,..
At the meeting, the representative of Danang city introduced the economy-social of the city and in the recent years, the cooperation relationship of Danang and Japan has been developing in many fields.

Thứ Hai, 23 tháng 12, 2019

An Additional of 60 FDI Projects Received Investment Licenses into Hanoi


According to Hanoi’s Department of Planning and Investment, in November, the city had 60 newly licensed FDI projects with a total registered capital of 600 million USD.
Of these, there are 52 projects with 100% foreign direct investment; 8 joint venture projects. Besides, there are 8 projects being adjusted to increase investment capital with the additional capital of 6.7 million USD.
Also, in November 2019, foreign investors contribute capital and buy stakes reach 72.9 million USD.
Notably, during the recent Prime Minister’s business trip to Korea, the leader of Hanoi People’s Committee awarded 4 investment policy decisions worth more than 400 million USD, signing the memorandum of understanding to invest in Hanoi worth more than 4 billion USD.
Accumulated from the beginning of the year to November 25th 2019, the total registered capital of newly established projects and additional capital increased projects reached 2,142 million USD, of which newly registered 788 projects with total capital of 1,562 million USD; 160 additional projects register to increase investment capital of 580 million USD.
In the first 11 months of 2019, foreign investors contributed capital, buying capital contribution reach 5,330 million USD.
Previously, in October 2019, Hanoi had 91 newly licensed FDI projects with a total registered capital of 468 million USD, of which 72 projects were 100% foreign direct investment, 19 joint venture projects. Of these, foreign investors contribute capital and purchase shares reach 5,330 million USD. The number of projects terminating, suspending and dissolution is 27 projects, of which 24 projects are 100% foreign direct investment and joint ventures are 3 projects.
Major projects from the beginning of the year until now have invested in Hanoi such as the capital contribution and share purchase project of Beerco Limited (Hong Kong) in Vietnam Beverage Co., Ltd., the value of the capital contribution is 3.85 billion USD with the main target of brewing and brewing malt in Hanoi. The project Meiko Electronics Co., Ltd. (Hong Kong) with the goal of designing, assembling and manufacturing electronic components in Hanoi adjusts to increase an additional of 200 million USD investment capital.
Hanoi together with many leading corporations in Japan also exchanged memorandums of understanding (MOUs) on investment cooperation in many projects in the city with a total committed investment capital of up to 3.75 billion USD.
In addition, the newly released data of Foreign Investment Agency (Ministry of Planning and Investment), in the first 11 months, the country has attracted nearly 31.8 billion USD of foreign investment, up 3.1. % compared to the same period last year.
Specifically, in 11 months, capital contribution and share purchase reached US $ 11.24 billion, up 47.1% over the same period in 2018 and accounting for 35.4% of the total registered capital. Meanwhile, both newly and increased capital decreased. Specifically, newly granted capital reached 14.68 billion USD, down 7%; additional capital reached US $ 5.87 billion, down 10.7% over the same period last year.
In addition, the newly released data of Foreign Investment Agency (Ministry of Planning and Investment), in the first 11 months, the country has attracted nearly 31.8 billion USD of foreign investment, increase by 3.1% compared to the same period last year.
Specifically, in 11 months, capital contribution and share purchase reached 11.24 billion USD, increase by 47.1% over the same period in 2018 and accounting for 35.4% of the total registered capital. Meanwhile, both newly and increase capital decreased. Specifically, newly granted capital reached 14.68 billion USD, decrease by 7%; additional capital reached 5.87 billion USD, decrease by 10.7% over the same period last year.

ANT Lawyers, your lawyers in Vietnam.

Chủ Nhật, 22 tháng 12, 2019

What is the importance of trademarks?


A trademark is any sign that individualizes the goods or services of an enterprise and distinguish them from the good or services of the other similar goods or services available in the market or in simple language it is anything that helps in differentiating a product in the ocean of similar or same category of products.


Although it is not mandatory and is most often ignored by the entrepreneurs but it remains one of the most important asset of any business.

Some of the important reasons are.
An important tool for effective communication: It is a proven fact that an average consumer identify and remember any brand more easily and effectively through its logo. Your mark can convey intellectual and emotional messages about you, your company, its products or services. A mark need not be a word to be identifiable. It can be a symbol, sign or combination of colours etc. Like “swoosh” design of Nike is recognized worldwide although it doesn’t have any word on it.

Trademark enables your customer to locate you: In this open economy the market place is crowded and consumers have too many options for one single product or service. Trademark proves to be an efficient tool to capture consumer’s attention and make your products and services stand out. Consumer viewing a trademark immediately know who they are dealing with. Often reputation of a particular trademark play a critical role in customer’s purchasing decision.

Trademark facilitates to effectively utilize the internet and various social media platforms: We all very well know how important is to have an online presence in this era. Your brand name is the first thing any customer enters into google or social media site like Facebook, twitter to know about your products and services and basis his decision on the published information.

Trademark is a valuable asset: A trademark fall under class of intangible asset and can appreciate over time. The value of any trademark is directly co-related to the reputation of business. Trademark paves the way for expansion from one industry to another. For example - Titan the homegrown brand for watches has become so popular over time and they used the same trademark to launch their eyewear range in recent past. It helped people to attribute same trust to this newly launched brand which titan watches have and this helped in boosting the company’s ambition for expansion. Trademarks similar to real estate can be bought, sold, licensed or at times used as security interest to secure a loan for your business.

Trademarks are perpetual (i.e they never expire) : Unlike other forms of intellectual property, trademark can exist for entire life of your business provided you renew it after every 10 years.
Source: Quora

Thứ Sáu, 20 tháng 12, 2019

How do I protect intellectual property for my software?


First, you must protect the code. You must have agreements with the developers, confirming that any code they will develop working on your project is your sole property. This is a must. You might want an attorney to draft the agreement. Copyright will protect the code once it is created, you might get an official protection. However, you will have to publish the source code, in this case.

Second, you must protect the trademark (this can wait if you are low on cash). It has to be protected, otherwise someone else can monetize on your success, nonetheless, you can protect it once your software starts selling. However, I do recommend checking if the name is available prior to naming your software, it might be painful to change the name when the software is published.

Third, you can protect some features of your software with patents. Patents are the main reason why Microsoft is flourishing.

Source: Quora

Thứ Tư, 18 tháng 12, 2019

Danang city Expands the Cooperation with Italia


On December 17th, 2019, the representative of Danang city met Mr. Dante Brandi the General ambassador of Italia paying a working visit to Danang.
In 2019, the export turnover to Italy is estimated at US $ 4.6 million, import turnover from Italy is estimated at US $ 4.1 million. Main export products are textiles, aquatic products, fishing rods and handicrafts. The main import items are medicine, electrical equipment, spare parts, and garment materials. At present, there are about 15 enterprises having import and export trade relations with the Italian market, 6 Italian investment projects in manufacturing, processing and services with the total capital is USD 1,2 mil.
The representative of Danang city suggest Mr. Dante Brandi support the city to contact the Italian investors and enterprises in the hi-tech, environment, hi-service which is the strength of Italia and Danang is needing in the coming time.
At the moment, Danang didn’t have the official cooperation relationship with any cities of Italia; therefore Danang hopes Mr. Dante Brandi could introduce some cities of Italia where have the same character and the way to develop, therefore Danang can establish the relationship in the way to transfer the staffs to develop the city and environment management system.
Mr. Danta Brandi supports the relationship between Danang and other cities of Italia, establish the straight flight from Danang to Italia,… to increase the cooperation, development in travel of the two countries, in the time that many Italian investors wish to set up company to invest in Vietnam. And also it is planned to increase the programs on teaching the Italian language in the Danang Foreign Language University, open the sport cars exhibitions, attract the Italian enterprises expand and operate their business in Danang,…
The representative of Danang wishes to attract more and more the Italian investors to develop the investment relationship between Danang and Italia in the future. Besides, the cooperation with Italia will help Danang to develop the targets of the city in travel, hi-tech, and environment direction.
ANT Lawyers, your lawyers in Vietnam.

What are common investment methods in Vietnam?


In Vietnam laws, there are a number of investment methods such as establishing economic organizations; investment in the form of capital contribution, purchase of shares or capital contributions in business organizations; Business Cooperation Contract or Public Private Partnership. Investment in establishing economic organizations, capital contribution, purchase of share or capital contributions are most common in our opinion.


Investment in establishing economic organizations
For investment in the establishment of economic organization, an investor invests capital to carry out the establishment of an enterprise, cooperative, cooperative union or other organization to carry out business investment activities. This is a way of direct investment in which investors directly invest capital and directly participate in management activities.
Forms of establishment of economic organizations include two types: Establishing company with 100% foreign capital; or establishing joint ventures between domestic investors or the Government of Vietnam with foreign investors.

Before establishing an economic organization, the foreign investor must have an investment project and carry out the procedures for the grant of an investment registration certificate. Besides, the conditions for the charter capital ownership and the conditions prescribed by international treaties to which Vietnam is a member need to be met. Regarding charter capital, foreign investors are allowed to hold unlimited ownership in economic organizations, except for cases where the investors operate in fields related to listed companies, public companies, securities trading organizations and securities investment funds in accordance with the law on securities; State owned enterprises equitized or transformed under other forms. In addition, investors must check international treaties to which Vietnam is a signatory.

It should be noted that depending on the amount of investment capital of a foreign investor, the legal status of an economic organization after its establishment will be determined differently. If the foreign investor holds 51% or more of charter capital, the economic organization after its establishment will have to carry out the procedures applicable to foreign investors. Conversely, if foreign investors hold less than 51% of the charter capital, the regulations applicable to economic organizations after their establishment are applied as domestic investors.

Investment in the form of capital contribution, purchase of shares or capital contributions in business organizations
Foreign investors who wish to access the Vietnamese market but do not want to establish an economic organization can contribute capital, buy shares or buy capital contributions to business organizations operating in Vietnam.

With this form, the investor will become a member or shareholder of that economic organization. It requires investors to meet a conditions similar to the form of establishment of economic organizations. Having said that, it must meet the conditions for the charter capital ownership and the conditions prescribed by international treaties to which Vietnam is a member. Depending on each specific case, the investor must follow the procedures for registration of capital contribution, purchase of shares or capital contribution in an economic organization and send to the competent agency for recognition of legal investment.
Understanding the regulations are important for investors to enter the Vietnam market and consulting with Vietnam lawyers would help investors make informed decision for their business plan in Vietnam.

ANT Lawyers, your lawyers in Vietnam.