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 Năm, 28 tháng 12, 2017

Nearly 127,000 enterprises set up this year

HCMC – As many as 153,307 enterprises have been established and restarted this year, including 126,859 startups and 26,448 enterprises becoming active again, according to the Business Registration Agency.

As shown in a report of the agency, registered capital of 127,000 newly established enterprises is VND1,295.9 trillion, up 15.2% in number and 45.4% in capital, with the real estate sector making up nearly one-third of fresh funds. On average, each new enterprise has VND10.2 billion in registered capital, a rise of 26.2% year-on-year.

Meanwhile, 35,276 enterprises have registered to adjust capital with VND1,869.3 trillion in total, bringing total registered capital of this year to VND3,165.2 trillion.

According to the agency, new enterprises of this year are mainly active in the areas of wholesale, retail, repair of autos and bikes with more than 45,410 enterprises (35.8%). The processing-manufacturing sector welcomes over 16,190 new enterprises (12.8%), whereas the respective figures in the construction and real estate sectors are 16,035 and nearly 5,070 units.

Though the highest number of newly established enterprises is seen in the wholesale, retail, auto and bike repair sectors, real estate reports the biggest growth rate of 62%. In addition, regarding registered capital, the real estate sector continues to record the largest amount with VND388.37 trillion, accounting for 30%, followed by wholesale, retail, repair of autos and bikes with VND198.04 trillion (15.3%), construction with VND190.82 trillion (14.7%) and processing-manufacturing with VND144.73 trillion (11.2%).

While a new real estate enterprise boasts average registered capital of VND76.7 billion, an enterprise producing and distributing power, water and gas has VND65.7 billion.

In addition, the total number of laborers registered by newly established enterprises falls 8.4% to some 1.16 million. Of these, the processing-manufacturing sector is expected to employ some 430,620 workers (37.1%).

As for nearly 26,450 enterprises resuming operation this year, the number drops by 0.9%. They mostly operate in fields of wholesale, retail and repair of autos and bikes with 10,127 units (38.3%); construction with over 4,000 units (15.1%) and processing-manufacturing with 3,394 units (12.8%).

This year also sees temporary business suspensions at 21,684 enterprises, up 8.9% against last year. Of these, there are more than 8,600 enterprises (39.7%) in wholesale, retail and repair of autos and bikes; 3,165 construction enterprises (14.6%) and nearly 2,790 processing-manufacturing enterprises (12.8%).
Besides, nearly 38,870 enterprises stop operation without registering or are performing procedures for dissolution, down 4.6%. There is also a decline of 2.9% in the number of dissolving enterprises with 12,113 units

Source: The Saigon Times

Thứ Hai, 25 tháng 12, 2017

Tax Obligations of Representative Offices in Vietnam

Foreign entities have found Vietnam as an increasing attractive destination for investment.  They could consider entering Vietnam in various forms, including setting up representative offices.

“A representative office is a dependent unit of the enterprise, having the task of representing under authorization the interests of the enterprise and protecting such interests” (Clause 2 of article 45, Law on Enterprises 2014). “Representative office shall perform the functions of liaison offices, market surveys, promotion of business opportunities for traders they represent, excluding those in which the establishment of representative offices in that field, it is stipulated in specialized legal documents” (Article 30 – Decree No.07/2016/ND-CP decree detailed regulations on establishment of representative offices or branches of foreign traders in Vietnam under Laws on Commerce).
A representative office is a dependent unit of a foreign enterprise in Vietnam, and it acts under the authorization of foreign enterprises. Representative office shall not conduct business activities therefore, the tax obligations of the representative office are limited, such as:
Firstly, as representative office does not involve profit making activity, hence there are no Value Added Tax, Corporate Income Tax, Annual Due incurred.
Secondly, representative office has to register its tax code, to deduct and pay Personal Income Tax on behalf of its employees working in the representative office or deduct and pay contractor taxes for foreign sub-contractors (if any).

Chủ Nhật, 24 tháng 12, 2017

Only entities connected to tax offices can use paper receipts

Individuals and organizations may use paper receipts if their retail sales information systems are connected with tax offices, according to a draft decree on goods and services invoices crafted by the Ministry of Finance.

In particular, Article 31 of the draft decree states individuals and organizations whose businesses are related to supermarkets, malls, restaurants and hotels; retail consumer goods and pharmaceuticals; as well as provide food services would be permitted to issue paper receipts.

Notably, enterprises in some special sectors which cannot issue electronic bills would also be included in the list.

The Finance Ministry would be responsible for providing detailed instructions on how to apply receipts through the point of sale system, and defining the special sectors.

The taxman will print a number of receipts which are sold to business individuals and households; startups that have yet to issue e-bills; and enterprises which are likely to evade taxes.

However, startups are merely permitted to use paper receipts within one year from the date of their establishment. Afterwards, they are obliged to use e-bills with or without the taxman’s codes.

Meanwhile, those beyond the aforesaid groups would use e-bills with, or without the taxman’s codes if they meet technical infrastructure conditions.

Earlier, the Finance Ministry proposed enterprises would use e-receipts instead of paper ones early next year. This was a big worry for many companies, as they would have a short period of time to prepare.

Source: The SaiGon Times

Thứ Tư, 20 tháng 12, 2017

How Foreign Investors Comply with Reports Submissions in Vietnam

Foreign investors setting up business in Vietnam have to comply with statistics report submissions according to Vietnam laws.  To ensure compliance, corporate lawyers should be consulted to ensure compliance with reports applicable to foreign owned enterprises in Vietnam.

As the current regulation, foreign owned enterprises are obliged to submit monthly, quarterly, six month and annual reports to the Vietnam Department of Statistics or State agency for foreign direct investment of respective province or city.
Monthly reports are applicable to businesses and projects operating in the industry: mining, processing industry, electricity, gas, water supply, waste disposal, water treatment, information and communications, real estate, transport, warehousing, trade and services.
Quarterly reports are applicable to businesses and projects operating in agriculture, forestry and fisheries, construction;
All foreign owned enterprises have to report every 6 months on employment and income of the employee;
On annual basis, all foreign owned enterprises have to submit reports on the identification information of the business; financial indicators reflecting business results including revenue by business lines, taxes, fees, expenses, and profit; and capital investments made during the year by investment sources and investment category.

Thứ Hai, 18 tháng 12, 2017

Danang calls for investment in hi-tech agriculture

The central coast city of Danang called for investors to get involved in hi-tech agriculture projects worth VND1.5 trillion (around US$66 million) at a seminar last Friday, Lao Dong newspaper reports.

Experts said at the “Luring Investment into Hi-tech Agriculture in Danang City”seminar that given adverse weather conditions and falling agricultural land, the use of advanced technology in agriculture is a right thing to do to ensure higher productivity and economic efficiency.

The city is grappling with a slew of difficulties as agricultural land is sparsely located and small-scale farming is still popular.

Besides, the application of information technology, automation, bio-technology, and advanced farming practices is not common there.

The study for hi-tech agriculture solutions has the same fate and application models lack sustainability and expertise. Therefore, their agricultural products fail to meet consumer requirements.

There has been loose connectivity among scientists, the State, companies, and farmers. Notably, scant attention is paid to branding and product promotion.

The demand for farmed products which meet quality and safety requirements is increasing in the city. Thus, hi-tech agriculture has much room for growth there.

The municipal government proposed investors develop five hi-tech agriculture projects worth an estimated VND1.5 trillion (about US$66 million) at the seminar.

The city pledged to offer investors a host of policy incentives such as covering half of site clearance cost but no more than VND3 billion a project, half of infrastructure costs for manufacturing facilities but less than VND2 billion each, and all of interest for maximum loans of VND10 billion each within a period of three years.

Source: The Saigon Time

Chủ Nhật, 17 tháng 12, 2017

Ministry to scrap numerous property trading conditions

HCMC – The Construction Ministry is seeking feedback for amending some articles of the Laws on Construction, Housing, Property Business, and Urban Planning to abolish numerous unreasonable conditions on property trading and development.

The ministry said in a document that a host of regulations on real estate brokering and business should be removed from the 2014 Law on Property Business.

The current regulation stipulates any organizations or individuals wishing to conduct real estate transactions shall set up enterprises or cooperatives and have legal capital of at least VND20 billion.

Meanwhile, the 2014 Investment Law and the 2014 Enterprise Law exclude the legal capital regulation. Therefore, the Law on Property Business should be amended accordingly.

The 2014 Enterprise Law prescribes companies in the conditional business sectors are subject to particular business conditions while the Law on Property Business asks real estate brokers to obtain practicing certificates.

That any real estate brokering service providers must set up their own enterprises, and there are at least two employees obtaining real estate brokering licenses is deemed unnecessary, making life more difficult for enterprises.

The rule that a real estate service provider cannot perform as both a broker and a contracting party in a real estate transaction should be eliminated as well. The reason is that brokers have the right to participate or are authorized to make real estate deals.

That real estate trading floors must have regulations, names, addresses, facilities and technical conditions satisfying operational requirements should also be abolished, according to the ministry.

Source: The Saigon Times

Thứ Tư, 13 tháng 12, 2017

Dong Thap lures investments into infrastructure, farm produce processing

HCMC – The Mekong Delta province of Dong Thap is calling for investors at home and abroad to develop industrial infrastructure, and agricultural goods processing projects, heard a press conference in HCMC last Saturday.

The provincial government and the Institute of Vietnam Organic Agricultural Economics unveiled the investment promotion conference under the theme of “Dong Thap – our potential, your opportunity,” which is slated to take place next Tuesday in Cao Lanh City, and is expected to have around 300 delegates.

Truong Hoai Chau, director of the provincial Department of Planning and Investment, said the local government is calling for investors for 33 projects which are aimed at developing infrastructure for industrial zones, hi-tech agricultural sub-zones, as well as processing industry, tourism, and trade.

The local government wants to prop up investments in the farm produce processing sector and others serving agriculture such as building material regions for agricultural production, centers for preserving and distributing vegetables and fruits, as well as plants for processing farm produce and agricultural by-products.
Dong Thap also need investors to distribute agricultural products at home and abroad.

He stressed investors will enjoy the highest incentives in line with the Government’s land and corporate income tax regulations. For example, they will be entitled to corporate income tax of 10%, 15%, and 17% depending on sectors and investment locations.

Le Thanh, head of the Institute of Vietnam Organic Agricultural Economics, said the province’s farm products such as mango, lotus, rice and cajuput have great potential, but their added value is low due to a lack of deep processing.

Therefore, the institute suggested the provincial government establishing a processing center for agricultural produce. As many as eight domestic and international companies have expressed interest in the project in a bid to ship the products to Japan, the United States and European countries.

The provincial government is also luring investors into developing infrastructure of nine industrial zones spanning 10 to 250 hectares each, producing clean and renewable energy, as well as constructing residential and affordable apartments, commercial centers, and resorts.

At the conference, the provincial government is expected to give in-principle approval to 21 projects, and sign 16 memorandum of understanding on investments worth around VND24 trillion (US$1.05 billion) in a wide range of sectors.

Nguyen Van Duong, chairman of the province, said Dong Thap has ranked in the top three in the provincial competitiveness index, and its agricultural growth rate has also topped the list in the Mekong Delta for the past several years.

However, he admitted, the economic and tourism growth of the province is hampered by insufficient transport infrastructure.

Source: The Saigon Times

Chủ Nhật, 10 tháng 12, 2017

Infrastructure vital for foreign investment attraction

HCMC – Infrastructure plays a key role in whether foreign investors decide to make an investment in Vietnam or not, heard a conference on infrastructure development in HCMC on December 7.

Speaking at the conference, Kawaue Junichi, consul general of Japan in HCMC, said the first thing investors will look at is infrastructure when it comes to making an investment decision.

According to the consul general, to ensure sustainable infrastructure development, more attention should be paid to social and environmental impacts and economic purposes when implementing infrastructure projects.

Infrastructure projects like seaports, roads, railways and electricity systems should contribute to improving people’s lives and protecting the environment. They should be of high quality as well.

Among the infrastructure projects in Vietnam that have got positive reviews from Japan are Tan Son Nhat International Airport and East-West Highway in HCMC, and Noi Bai International Airport and Nhat Tan Bridge in Hanoi.

Kawaue Junichi said HCMC needs to develop more infrastructure projects of high quality, such as the under-construction Metro Line No.1, to promote foreign investment.

With an aim to assist Vietnam to develop its infrastructure, Japan has plans to fund other large-scale projects like Danang Port and Cai Mep-Thi Vai Port.

To ensure the feasibility and efficiency of an infrastructure project, investors should carefully calculate construction cost and time, assess environmental impact, and evaluate local conditions and demand.

Some experts said at the conference that foreign investors will successfully develop and operate their projects in Vietnam only if infrastructure facilities like power and water supply, and roads are complete and reliable.

Source: The Saigon Times

Thứ Năm, 7 tháng 12, 2017

Which IP Matters of Concern Engaged into Outsourcing Marketing Campaign

It is undoubted that time is a “precious commodity” when you are running business, however marketing your brand can take up plenty of your time. Earning the awareness, respect and trust of your Client at the beginning of your business by a marketing agency is quite effective. However, which Intellectual Property issues should be paid attention to? Are you owner of the marketing content or designs of logo?

Which IP rights should be aware?
Copyright: Marketing content including articles on your website, website design, posts on your social network platforms, music and video, slogans, architecture of your business location.
Trademark: logo, banner, images.
Industrial design: Distinctive packages, such as the shape of the containers, bottles.
Trade Secret: Some advertising techniques or means of doing business.
Who owns the rights?
According to Article 39 of IP Law of Vietnam, if you enter into a contract with an author for the creation of a work, you shall be the holder of the rights, unless otherwise agreed.  Therefore, for avoiding risks, it should be clearly stated in the marketing contract that “The hirer shall be the owner/holder of all designs, articles or other works created by employees or partners according to “Intellectual Property Law of Vietnam”.
Once a slogan, logo or creative idea are shown in public, they could be copied and used by third parties.  Therefore, you could consider to:
-Register the advertisement and other copyright protected material (including a website design) and at the same time alerting the public that advertising material is legally protected by copyright law by a copyright notice in text on the video or images. For registering copyright in Vietnam, it takes about 15 working days.
-Register trademarks right after your marketing agency has finished the design. Also, you should state in the contract that “the marketing agency shall be responsible for all damages if the trademark is refused by the competent authority of IP because it is identical with or confusingly similar to trademark of others”
-Relating to trade secret which could not be registered, you should sign a non-disclosure agreement with the marketing agency.
Who is responsible for infringement of IP Right of the third party?
In case of outsourcing marketing campaign, you could not manage the process of creating and designing marketing tools. For example, the marketing agency would not report if it bases on ideas, designs, article of other person or organization to make the design for your company. However, in such case all information and images show the name of your brand, customers might think you are imitating others and this negatively affects the reputation and prestige of your company. We suggest that you should request the marketing agency to comply with regulations on the industrial property rights, copyrights and related rights strictly. Also, they shall be responsible for all damages claimed by the third party if there is any infringement when performing the scope of work.
Today, it is impossible for you to carry out a successful advertisement without understanding the IP issues arising when outsourcing marketing campaign. A lack of caution can lead to the loss of a company’s own IP rights or liability for infringing the IP rights of others. Besides, to avoid costly mistakes, you should conduct rigorous research both from IP perspectives and other general legal perspective such as comparing advertising, advertising licenses, promotion regulations before launching a new advertising campaign.
It is also suggested to consult with IP law firm and licensed IP agent for advice to protect your rights, through IP research, registration, drafting agreements, and handling infringement of industrial rights.
Tuan Nguyen and Thao Hoang @ ANT Lawyers

Chủ Nhật, 3 tháng 12, 2017

ANT Lawyers Participating in GMS Rail Expansion Summit in Hanoi

Railway infrastructure project will be a huge opportunity for Vietnam to connect with neighboring countries, promote trade growth. Huge financial sources will be needed. For government’s perspective, support from private sector will be encouraged through policy, and laws on Public Private Partnership which will be drafted to replace Decree 15/2015/ND-CP promulgated since 2015. From private sector’s perspectives, investment into infrastructure will be opportunities, for investor, bank, EPC main contractor, sub-contractor, consultants to participate.

On Nov. 30 – Dec. 1, 2017, in Hanoi, Vietnam, GMS Rail Expansion Summit has been held.  The countries of the Greater Mekong Subregion (GMS) – Cambodia, the People’s Republic of China (PRC), the Lao People’s Democratic Republic (Lao PDR), Myanmar, Thailand, and Vietnam – have expressed their desire, through the GMS Economic Cooperation Program, for better transport connectivity to improve the environment for trade.

The railways in the GMS countries have developed independently over the course of a century and are today, with the exception of a connection between the PRC and Vietnam, a collection of national railway networks that do not interconnect. Each national railway has developed into a unique system with its own standards and procedures. In view of escalating subregional trade, growing concerns over climate change and, more recently, sharply fluctuating fuel costs, the GMS countries have accelerated their plans for upgrading their national railway networks and for interconnecting these by constructing new railway connections.

It appears that, during the different phases of development of rail infrastructure projects, it is important to identify potential areas for issues to be arisen and therefore put in place a mechanism to minimize risks. The risks will need to be allocated to entity which is best positioned to manage such risks, which has to be shown in the form of contracts, agreement, to clearly determine roles of parties.

Mr. Tuan Nguyen and Mr. Thomas Giglione of ANT Lawyers, a law firm in Vietnam acted as chairmen of the conference and shared to the audience being government officials, investors, EPC contractors, consultants about potential risks arisen during different phases of executing rail infrastructure project and offer solutions to manage such.It has been highlighted for stakeholders to consider designing a dispute resolution system that resolve potential disputes in relation to the multi billion-dollar project.