ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Tư, 27 tháng 4, 2016

COSMETICS WORKSHOP, EVENT ORGANIZING REGISTRATION SERVICES

In addition to the cosmetics advertising on mass media such as television, radio, electronic portals (Internet, Website), books, newspapers, magazines, flyers, posters, underwater objects or other means of advertising, the cosmetics business can make or sponsor, authorize other entities to carry out workshop activities to introduce cosmetic products.


The cosmetic businesses are only allowed to advertise, organize seminars and events to introduce the cosmetic products when having the Receipt of advertising, seminar, cosmetic introduction events registration dossiers as prescribed by law.
Cosmetic advertising content must be consistent with the documents proving the safety and efficacy of the cosmetics and must comply with published guidelines of ASEAN cosmetic product features.
1. Services that ANT Lawyers provide for customers:
+ Consultation on the announcement of cosmetics, import cosmetics, cosmetics advertising.
+ Consulting on the registration and documentation of organizing conferences, workshops to introduce and advertise cosmetics as requested by customers.
+ On behalf of customer to fill in the cosmetics advertising registration where business operates or where enterprise organizes conference, workshop to advertise cosmetics.
+ On behalf of customer to contact, work and receive information from the competent State agencies related to the implementation process.
+ Amend and supplement the dossier as prescribed by the competent State agencies upon requested.
+ Inform customers about the validity result from the competent State agencies.
2. Registration dossier includes:
+ Trader registrated to advertise cosmetics, orgasnize seminar, event to introduce cosmetic products.
+ A copy of the business registration.
+ A copy of the cosmetic product announcement card that has been granted.
+ POA of organizations and individuals that announce the cosmetic products for the one who organizing cosmetic seminar, introduction event (in case of the event organization or individual register for advertising, organizing the seminar, cosmetic introduction event which  are the one who held, published cosmetic products).
+ Document disclosures for the features, the use of the product in the case of the advertising contents, the contents presented at the seminar, cosmetic introduction event mentioned features, the use of the product beyond the content stated in the cosmetic product announcement card.
+ 02 advertising scripts (script must clearly describe the pictures, lyrics, music intends to advertise) or 02 advertising forms intend to release (applicable to the advertising registration dosssier) or documents intend to display, release at the seminar, cosmetic introduction event (applicable to workshop registration dossier).
3. Ways to file registration of cosmetic advertising, organizing seminar, event introduced cosmetic products:
a) Cosmetic registration dossier may be compiled for one or more products, can advertised on one or more means of mass media.
Cosmetics advertisement, advertising script can be made ​​for one or more different products.
b) The event, workshop organizing registration dossier may be compiled for one or more products to be held in one or more locations in the province, city
The procedure time: 10 working days from the time when the customer provides valid records and documents as required.
Please contact us at ant@antlawyers.vn or call us at + 84 835202779.

CONDITIONS OF FOREIGNER ON ADOPTION IN VIETNAM

Conditions of foreign adoption in Vietnam
Conditions of foreign adoption in Vietnam
Today, foreigners from other countries wish to adopt children in Vietnam and bring them up to his/her country for custody.  Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family.  However, the adoption conditions are still regulated strictly and its acceptance procedure are considered and controlled stringently by competent authorities of Government.
ANT Lawyers will provide to you the regulated conditions of the adoptive parent need to be met as below:
I. GENERAL CONDITIONS OF THE ADOPTIVE PARENT:
The adoptive parent has to meet fully conditions as below for adoption:
a) Having full civil act capacity;
b) Being 20 years or more older than the adopted person;
c) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
d) Having good ethical qualities.
And not being one these following cases:
a) Having some of the parental rights over a minor child restricted:
b) Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
c) Currently serving an imprisonment penalty:
d) Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
II. CONDITIONS OF THE FOREIGNER ADOPTIVE PARENT:
After meeting fully conditions above, the foreigners who wish to adopt Vietnamese children could to be accepted if they are belong to one of this following cases:
a) The adoptive parent is the step father or step mother of the to-be-adopted child;
b) The adoptive parent is the natural aunt or uncle of the to-be-adopted child;
c) The adoptive parent has adopted a child who is a sibling of the to-be-adopted child;
d) The adoptive parent adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease, include: children with cleft lip and cleft palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; children with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; children with diseases requiring life-long treatment; children with other disabilities or dangerous disease which restricting the chances of adoption;
e) The adoptive parent is a foreigner currently working or studying in Vietnam for at least 1 year; both the wife and husband have to meet this condition if they want to adopt the child together.
3. Foreigners permanently residing in Vietnam adopt a child in Vietnam
In order to give you best advice, please contact us directly by email: ant@antlawyers.vn.
ANT Lawyers, your lawyers in Vietnam.

WORK PERMIT REGULATIONS IN VIETNAM UNDER DECREE NO. 102/2013/ND-CP

The Government has issued Decree No. 102/2013/ND-CP dated September 5, 2013 providing for the granting of work permits for foreign laborers to work in Vietnam.


According to this Decree, foreign workers who want to be granted a work permit are required to meet the five following conditions. First, the worker is capable of civil acts as prescribed by law. Second, the worker’s health is suitable for his or her job. Third, the worker is a manager, executive officer, expert, or technician. The foreign workers that provide medical examination and medical treatment in Vietnam, or work in education and vocational training must meet the conditions for provision of medical examination, medical treatment, education and vocational training of Vietnam’s law.  Fourth, the worker is not a criminal or liable to criminal prosecution according to Vietnam’s law and the foreign country’s law. Fifth, the employment of the foreign worker is approved in writing by a competent.  The employer will be responsible for apply application for work permit at least 15 working days before the day on which the foreign worker intends to start working, the employer shall submit the application for the work permit to the Service of Labor, War Invalids and Social Affairs of the province where the foreign worker works for the employer the whole time. Where the foreign worker does not work for the employer in the same province the whole time, the application for the work permit shall be submitted at the Service of Labor, War Invalids and Social Affairs of the province where the employer’s head office is situated.  The duration of a work permit shall not exceed 2 years, and follow the duration of Decree 102/2013/ND-CD also provides about the cases in which the work permit shall be reissued. Namely, these cases include when the work permit is lost, damaged, or the contents of the work permit such as name, date of birth, nationality, passport number, or workplace is changed and when the work permit.  The employers shall be responsible for apply application for reissuance of the work permit to Service of Labor, War Invalids and Social Affairs that issued it so as to obtain new work permit. For the cases of expiring, the duration of the work permit reissued does not exceed 02 years and follows the duration of particular situations. Where the work permit reissued in remaining cases, this duration is equal to the duration of the issued work permit minus the period of time the foreign worker has worked up to the day the application for the reissuance of the work permit is submitted.  Besides, this Decree also provides the cases in which the foreign worker is exempt from applying for the work permit such as foreign workers working as contributing member, or owners of limited liability company, coming to Vietnam with a period of less than 03 months to offer services.  The cases of revocation of the work permit and expelling the foreign workers also provided in this Decree.
In order to seek further advice, please contact us at ant@antlawyers.vn or call + 84 35202779.

HOW TO RECOGNIZE FATHER OR MOTHER FOR A CHILD?

It is a legal requirement in Vietnam to register the recognition of father, mother of a child regardless the child’s parents are married or not. Such recognition shall be made on the newly issued birth certificate of the child.


The recognition of the father, mother protects the legal rights of all involved parties. For the family involving foreign elements i.e foreigners, expatriates living in Vietnam, the procedure for recognition of father, mothers of a child have to follow the laws of Vietnam, through various steps at Vietnam Authority including People’s Committee, Provincial Department of Justice and at Consular of foreign country where the mother or father of the child comes from.
The dossiers of application for recognition of fathers, mothers or children shall include the following papers:
1. The application for recognition of father, mother of the child;

2. The copies of the ID (for Vietnamese citizens staying in the country), or passports or substitute papers (for foreigners and Vietnamese citizens in foreign countries);
3. The copies of the birth certificates of the persons to be recognized as child;
4. Papers, documents or evidences (if any) to prove that there is a blood relationship between the father or mother and the child;
5. The copy of the household registration book or collective resident certificate (for Vietnamese citizens permanently residing in the country);
6. The permanent residence card (for foreigners permanently residing in Vietnam) of the persons to be recognized as father or mother.

Documents issued in foreign language shall need to be translated into Vietnamese, notarized or legalized to conform with legal document requirements of Vietnam authorities.
The time for processing dossiers at various authorities depend on the submitted documents and the time taken by the authorities to validate the case and could range between two weeks to two months.
The Vietnam authorities will need to study and examine dossiers of application for recognition of father, mother of the child. In cases where there is any doubts, complaints or denunciation about the recognition of father, mother of the child, or whether it is deemed that the personal identification of the involved parties or papers in the dossiers of application need to be clarified, the Provincial Department of Justice shall carry out the verification, including interviews with the involved parties or request for the additional proof.
Once the application is processed, verified and confirmed, the revised birth certificate of the child will be issued to reflect the changes which will show the name of the father or mother added.  
For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, please visit www.antlawyers.vn.  

HOW TO CLOSE A BUSINESS IN VIETNAM?

All corporations, companies, partnerships, branch offices, representative offices and other business entities are legal entities in Vietnam which can only be dissolved through formal procedures.

I. What are the major challenges with closing a business in Vietnam?
The main thing to remember throughout the process is that the dissolving company, a branch office or a representative office, one  should pay close attention to the involvement of all key stakeholders, i.e. the employees, customers, creditors, business partners and relevant authorities.
The following are key information to gather for thorough analysis
  1. Company size in terms of capital and number of employees?
  1. Enterprise’s business sector?
  1. Tax invoice usage declaration?
  1. Annual profit?
  1. Compliance with tax procedures?
  1. Administrative violations in the field of taxation?
  1. Any outstanding tax?
  1. Tax document filing records?
  1. Other tax matters?
II. What does the dissolution process involve?
Once an analysis has been through, the next procedures mostly deal with reporting and submitting the relevant documents to the various regulatories and tax authorities at each step of the process, terminating contracts, liquidating assets and settling liabilities, and general administrative work such as returning the corporate seal, registration certificates, and having the company’s name removed from the system of the license authorities.
III) How to prepare document to close a business in Vietnam?
1. Documents submitted to the licensing authority in Vietnam:
  1. Liquidation notice of enterprise;
  2. Minutes of the meeting of Management Board / Board of Directors decided on the dissolution of enterprises;
  3. The company’s decision on liquidation;
  4. Report on enterprise asset liquidation;
  5. The list of creditors and the paid debt;
  6. Documents evidencing that enterprise has fulfilled all of its tax;
  7. Confirmation on social insurance for employees after the dissolution decision;
  8. The seal and certificate of seal sample registration.
2. Documents submitted to the tax authority in Vietnam:
  1. Liquidation notice of enterprise;
  2. Minutes of the meeting of Management Board / Board of Directors decided on the dissolution of enterprises;
  3. The company’s decision on dissolution;
  4. Audit reports and tax settlements;
  5. The financial statements for the year to date the decision on dissolution;
  6. The company’s tax liabilities audited by tax authority;
  7. Verification of tax obligations of the enterprise.
Closing a business in Vietnam might be a lengthy process and more complicated than setting up a company in Vietnam.  Sometimes, it is important to make a decision to exit and start a new venture.  As a law firm in Vietnam, we do assist clients to close the business, exit the investment and deal with pending issues with licensing authorities including department of planning and investment, department of labour, tax bureau and others.
For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, please visit www.antlawyers.vn.  
ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice, Legal500 as one of the reputable law firms.  We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions.  The firm provides a range of legal services as following to multinational and domestic clients.

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 after receiving the request for content evaluation or the date of publication
+ The time for patent protection is 20 years, for the patent for utility solution is 10 years.
Profile includes:
+ Declaration (02 sheets according to form);
+ Description (02 sheets, including drawings, if any);
+ Request for protection (02 sheets);
+ Relevant documents (if any);
+ Receipt of fees and charges.
Patent registration requirements:
1.Organizations and individuals that meet the following conditions may register for patent:
+ The author created the patent by his efforts and expenses;
+ Organizations and individuals investing in fund and material for the author in the form of contract work, unless the parties have other agreements and that agreements are not contrary to the provisions of law;
+ The case that many organizations and individuals working together to create or invest to create the invention, that organizations and individuals all have the right to register for patent and the registration will be implemented only if all organizations and individuals agree;
+ The case that the invention was created by using the technical facilities and expenses from state budget:
+ The case that the invention was created on the basis of entire state investment funds and technical facilities, the patent registration right belongs to the State. Organizations and state agencies are empowered as investor, representing State to exercise the right to register for patent;
+ The case that the invention was created on the basis of State contributes capitals which are funds and technical facilities, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. Organizations and Government agencies that are representatives of the State capital will be responsible for implementing the State’s patent registration right;
+ The case that the invention was created on the basis of research and development collaboration between state organizations, agencies and other organizations, individuals, if the cooperation agreement has no other provisions, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. State organizations and agencies participating in the research and development process will be responsible for implementing the State’s patent registration right.
2. To be granted the patent registration, the applicant must meet the following requirements: new; creative and capable of industrial application.
3. To be granted the patent protection/utility solution, the applicant must meet the following requirements: new and capable of industrial application.

WHERE FOREIGN INVESTORS OBTAIN INVESTMENT LICENSE IN VIETNAM?

To set up a business in Vietnam through foreign direct investment, foreign investors need to register the investment license from Vietnam Ministry of Planning and Investment (MPI).


Depending on investment business lines, investment conditions, scale of the projects, where investment project is located, other Vietnam State authorities would be involved.  MPI in Vietnam takes charge of developing legislation, guiding, consulting and coordinating with other State authority in regard to all investment in Vietnam.  Foreign investors apply for investment license at MPI which is acting as the contact point.  People’s Committee will be the government body that administer investment activities within its city or province and issue the investment license to the foreign investor.
In case the foreign investor setting-up  a business within an industrial zone, the management board of an industrial zone will have authority over the investment licensing process. For investment project which is larger than VND 300 billion (around USD 14.2 million) or in conditional investment area, MPI and other ministries will be involved in the evaluation process to recommend to the Prime Minister for approval.  Other ministries involved in investment project licensing would be Ministry of Trade and Commerce and Minsitry of Finance for settting up a trading company in Vietnam; Ministry of Science and Technology for investment in high-tech projects in Vietnam; Ministry of Education and Training for setting up education institute; Ministry of Health for investment in hospital in Vietnam, etc to ensure they are complying with the specific industry’s regulations.
At ANT Lawyers, a law firm in Vietnam with law offices in Hanoi and Ho Chi Minh City, we are able to assist clients in licensing and post-licensing matters to help clients with all questions and services in setting up and maintaining the company in Vietnam. We could be reached at email: ant@antlawyers.vn or office tel: +848 35202779.

Thứ Ba, 26 tháng 4, 2016

EMPLOYER’S OBLIGATIONS ON RECRUITMENT, LABOR MANAGEMENT AND LABOR DECLARATION UNDER CIRCULAR 23

Labour and employment compliance are continuous process which has no ending and there is no reason to stop.  In order for the companies in Vietnam to improve the effectiveness of its compliance in labour and employment in Vietnam, it is always important to pay attention to the details and fix the pending matters one by one.  Labour and employment lawyers in Vietnam would help the clients with a thorough reviewing process if required.


The employer is required to comply with current labor regulations on recruitment procedure, labor management and declaration as mentioned under Circular No. 23/2014/TT-BLDTBXH dated August 29, 2014 of the Ministry of Labor – Invalids and Social Affairs providing a number of articles of the Government’s Decree No. 03/2014/ND-CP dated January 16, 2014 detailing a number of articles of the Labor Code on employment (“Circular 23”), as following:
– Recruitment procedure:
The employer may recruit employee by either way of announcement at its head office or mass media.  Employment application form must comply with the standard form provided in Circular 23 which is attached in application dossier submitted by candidate.  The application dossier must be returned to the candidate (if required) within 03 months from the date of announcement of recruitment results.
– Labor management:
The employer is required to create employment log book where is recorded information on the employees and their employment. The employment log book must be reserved at head office and make it available if required by Department of Labour, Invalid and Social Affairs (DOLISA).
– Labor declaration
Employers must semi-annually report any changes in their labor utilization as prescribed form under Circular 23 to the DOLISA before May 25 or November 25 of each year.
ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice.  We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions.  The firm provides a range of legal services as following to multinational and domestic clients.