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 Hai, 14 tháng 10, 2019

Benefits of Setting Up Company in Hanoi



Along with the trend of integration in the world, Vietnam is considered a country with rapid and strong growth, in which, industrialization and modernization are focused on developing a uniform set and achieve high performance. Hanoi and Ho Chi Minh City are considered the two cities and dynamic development in Vietnam.

In particular, Hanoi, the potential capital for developing and attracting foreign and domestic investment. Therefore, the investment from businesses to the city is seen as an advantage and the best. To evaluate how such advantages are, the following article will analyze in detail as follows:

First, the labor force

Hanoi is considered a capital with a longstanding historical developed tradition. The population is heavily crowded, reaching about 7 million after 4 times of adjusting the administrative boundaries in 2014. Ha Noi has become one of the 17 largest cities in the world. In addition, with favorable conditions, Hanoi is considered an attractive city for labor, especially qualified and highly skilled workforce. This is a particular advantage for businesses to invest in Hanoi, because the amount of labor leads to a consequence that cost for labor is cheap and a large workforce will provide for industries requiring a large amount of labor force.

Second, the pace of economic development

In 2014, the economy of Hanoi has continued to grow and controlled inflation. In addtion, GDP in the province is estimated at 8.8% and revenue is estimated at 130.000 billion, with 103% of the mathematics. Besides, administrative reform, improvement on the investment environment, business environment, policies to remove difficulties for enterprises often deploy, which made PAR index of cities rise 2 levels compared with 2012 and No. 5 of the 63 provinces and cities nationwide. Thus, with the stable and strong economic development, Hanoi is a city that brings stability for businesses to invest and develop business in this city.

Thirdly, facility

With the aim of developing Hanoi based on critirea of synchronous and modern infrastructure, leadership of Hanoi has attempted to offer policies to promote infrastructure construction of the city in order that Hanoi will become more modern, in which, the traffic system in Hanoi must be built and upgrades more modern. This is considered particularly advantage, because the synchronous development of infrastructure will bring to the development of economy of the city.

Fourthly, administrative and tax policies

With attractive policies for investment, Hanoi has implemented policies solving administrative procedures with only a door. This policy is seen as a new step forward the people of Hanoi in general and businesses having demand to invest in Hanoi in particular. With this open policy, the procedures for establishing businesses, dissolution, business transformation become quickly and easily than ever before, creat favorable conditions for the development of business and resolve administrative procedures. In addition, in order to facilitate business development for businesses, Hanoi has many policies to reduce taxes in order to create favorable conditions for development of new business with low capital.

Fifthly, geographic location

Judged to be a convenient location, with synchronous traffic system, a northern – southern railway, highway 1A, along with the expanded domestic and international routes, Hanoi is considered a city with the most convenient trade location in Southeast Asia and the gateway to the East Sea of Laos and other countries. Thus, Hanoi is the right choice of businesses that need an exchange between domestic and international provinces.

Sixthly, broad market

With the population of 7 million, belonging to one of the 17 cities with the largest population in the world, Hanoi is considered a city which has the largest consumer goods market in the country. Abundant work force, along with the large number of people from suburbs, strong demand for consumer products, services lead to favorable conditions for businesses in production and consumption of consumer products and services. These come from a reason that if the demand rises, the number of products will also lead to increase and as a consequence, economic growth of enterprises will also increase. It can be said that this is a particular strength of the city that businesses investing here are looking forward. From the analysis given above, it can be said that Hanoi is considered to be an attractive destination for small and medium enterprises, especially for enterprises with foreign investment into the Vietnam market. To better understand how to establish enterprises and choose the best type of enterprise,

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Chủ Nhật, 13 tháng 10, 2019

Billion USD Projects Are Coming to Vietnam



After setting a record of 14.59 billion USD in the first 4 months, foreign investment in Vietnam is forecasted to continue to accelerate in the coming time. Most likely, the first billion-dollar project will land in Vietnam this year.

Although mentioned a lot, but the 4.6 billion USD project of Exxon Mobil Corporation (USA) probably will not be the first billion-dollar project granted investment certificate in Vietnam this year. Instead, it will be the Weijia Textiles Vina Project of Wai Chi Kai investor (Hong Kong). Under the plan, Wai Chi Kai will invest 1 billion USD to build a factory specializing in the production of knitted collar products, wrist bands, ribbed fabric, textile fabrics, textile accessories, fashion accessories… The project was implemented in Dong An 2 Industrial Zone (Hoa Phu Ward, Thu Dau Mot City, Binh Duong Province).

Meanwhile, Bac Lieu Provincial People’s Committee is also urging the Ministry of Industry and Trade to speed up the appraisal process and supplement the project LNG Bac Lieu Gas Thermal Power Plant of investor Energy Capital (USA), investment capital 4.3 billion USD in Electricity Planning VII. Although the investment procedure for a power project is not simple, Bac Lieu hopes that the Project will soon be granted an investment certificate, with a scale of 3,200 MW. The reason is quite understandable, this project will add 3,000 billion VND/year to the local budget.

Besides the above billion USD projects, a series of other large-scale projects may soon be granted investment certificates this year. In which, there is a 500 million USD project of Hana Micron investor (Korea).

Information revealed that, in the middle of April 2019, Hana Micron has officially signed an investment cooperation agreement with Bac Giang Industrial Zone Management Board to implement a project specialized in manufacturing high-tech products and semiconductor equipment in this province.

Meanwhile, Apparel Far Eastern is looking to increase 610 million USD, while Meiko Electronics is about to increase an additional capital of 200 million USD in Vietnam. Once the procedure is completed, the list of large-scale FDI projects registered to invest in Vietnam this year will be extended.

The trend of shifting investment into Vietnam in anticipation of the opportunity by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), as well as to avoid the effects of US – China trade tension, which is becoming clearer.

After Compal, LG Group recently announced that it will stop producing smartphones in Korea to move to Vietnam, in order to cut costs, improve investment and business efficiency. LG’s factory in Pyeongtaek, south of Seoul, will officially stop operating later this year, to switch production to LG’s factories in Hai Phong.

In addition to LG, CP Foods – belonging to Charoen Pokphand Foods, Thailand’s leading group of billionaire Dhanin Chearavanont, will invest more than 200 million USD to build a pork and poultry export center in Vietnam to take advantage of free trade agreements that Vietnam has signed.

CP has invested in Vietnam about 1 billion USD since 1993 and is constantly expanding investment and business to dominate market share. According to CEO of CP Vietnam, Vietnam has an advantage over Thailand in export and labor costs.

That is also the reason why more and more foreign investors shift investment plans to Vietnam. After the US – China trade tension escalated and after the CPTPP took effect, this trend became stronger.

Even, not only secondary investment projects, but according to a recent study published by CBRE, the trend of companies shifting production from China to Southeast Asia, including Vietnam, will also positively impact Vietnam’s industrial real estate sector.

According to CBRE, this trend has been going on since 2018 and will continue to increase until 2020. Thus, at least within the next 2 years, foreign investment in Vietnam will continue to accelerate.

It is important to continue to improve the investment and business environment, create favorable conditions for foreign investors to be able to welcome opportunities and speed up attracting foreign investment, especially in the areas of production of Chinese goods subject to US sanctions.

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Thứ Năm, 10 tháng 10, 2019

Ha Nam: Granting Investment Registration Certificate to Capella Real Estate JSC and Tejin Group (Japan)



On May 15th 2019, Ha Nam Provincial People’s Committee held a ceremony to grant Investment Registration Certificate for the Project of construction investment and infrastructure business of Thanh Liem industrial zone, phase II for Capella Real Estate Joint Stock Company, which has a total investment of nearly 950 billion VND and Tejin Carbon Vietnam Factory Project for Teijin Group with a total investment of 12 million USD.

Over the past years, with the viewpoint of always trying to improve the investment environment, Ha Nam’s leaders always support and create the most favorable conditions for investors, focusing on strong resources to build infrastructure, especially transport infrastructure, industrial zones and clusters. Drastically direct the implementation of solutions to improve the business investment environment, administrative reform…

Up to now, Ha Nam province has 8 industrial parks approved by the Prime Minister, of which 7 industrial parks have been put into operation, 1 Thai Ha Industrial Zone has completed the documents and procedures. 887 projects have been attracted, including 260 FDI projects and 627 domestic projects with registered capital of nearly 3,000 million USD and nearly 110,000 billion VND. In the first 4 months of 2019, the province granted 40 investment projects, including 16 FDI projects and 24 domestic projects with total registered and adjusted investment capital of 200 million USD and nearly 3,500 billion VND.

In the ceremony, Ha Nam province granted the Investment Certificate to the investment project of construction and business of Thanh Liem Industrial Park Phase II invested by Capella Real Estate Joint Stock Company. With a scale of 143 ha and total investment of nearly 950 billion VND. This is one of the most capable, reputable and experienced investors, has been very successful in the field of infrastructure development and attracting investment in industrial parks and industrial clusters in some localities all over the country.

Also at the conference, leaders of Ha Nam province granted the Investment Registration Certificate of Tejin Carbon Vietnam Factory Project to Teijin Group (Japan). This is an enterprise with more than 100 years of experience in the field of materials, health care and information technology. One of the leading enterprises developing core technologies including polymer chemistry, nanotechnology, biotechnology and synthetic technology.

Teijin Group (Japan) built Tejin Carbon Vietnam Factory with a total investment of 12 million USD, on an area of 15,300 m2, producing carbon fiber products used for the aerospace industry, automotive industry, plastic engineering, health, sports… to meet the demand of domestic and foreign markets.

At the conference, Chairman of Ha Nam Provincial People’s Committee welcomed the leaders of Teijin Group and Capella Company to trust and choose Ha Nam as the project investment location. At the same time, he also believed in the construction process, production and business activities, businesses will achieve high revenue and efficiency.

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Thứ Tư, 9 tháng 10, 2019

Vietnam Solar Power Industry



Many investors are interested in solar power in Ninh Thuan, Binh Thuan, Bac Lieu and the market is very dynamic. According to General Electric Plan VII, the total installed capacity of solar power of Vietnam by 2030 will achieve 12GWp, so there will be nearly 12 billion USD pouring into this sector.

The lack of electricity price policies for renewable energy and solar energy are the main causes for the attraction of investment in this sector becomes less interesting.

However, presently there are many investors interested in solar power projects in Vietnam. The solar power investment market is very exciting and a lot of investors are very willing to pour capital into the sector.

Many projects of current investors are not only located in Ninh Thuan and Binh Thuan – 2 provinces that are attracting the most solar power projects, but also extending to Quang Ngai, Thua Thien Hue, Ha Tinh, Hau Giang, Bac Lieu…

According to the Clean Energy Association of Vietnam, currently the country has about 30 investors at home and abroad that are setting up new solar power projects with capacity of 20 MW to over 300 MW in some localities. Notably there are many foreign investors coming from South Korea, France, India… have registered to invest in some central provinces.

Not only foreign investors, domestic investors are also starting to research and invest in clean energy market. For example, Central Power Corporation has a solar power plant with capacity of 150 MW in Khanh Hoa; Vietnam Electricity Corporation is planning to research two projects in Dong Nai and Binh Thuan, Ninh Thuan.

Vietnam is a country with the potential of solar energy. The average solar energy density is 4.3 kWh/m2 and the average number of sunny days is around 2,000 hours/year.

In particular, from Da Nang to the southern, the potential of solar energy is very good, the radiant energy density is in the range of 4.5 to 5 kWh/m2; the average number of sunny days is 2,200 – 2,500 hours/year. Therefore, the application of solar power in these areas will be highly effective.

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Thứ Ba, 8 tháng 10, 2019

Set-up Limited Liability Company in Vietnam



Limited Liability Company is a form of enterprise which is established by contributing of members. A member shall be liable for the debts and other property obligations of the enterprise within the amount of capital that he/she has undertaken to contribute to the company.

Limited liability companies are regulated by two types:

One member Limited Liability Company is an enterprise owned by one organization or individual;

Limited Liability Company with two or more members is an enterprise owned by organizations or individuals, in which the number of members shall not less than two members and not exceed fifty.

Organizational and management structure of Limited Liability Company normally comprise of a Member’s Council, General Director or Director.

A limited-liability company established by foreign investors may take the form of either:

100% foreign-owned enterprise (where all members are foreign investors); or;

Foreign-invested joint-venture enterprise between foreign investors and at least one domestic investor.

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Thứ Hai, 7 tháng 10, 2019

Many Large Businesses in Norway Want to Invest in Hanoi



7 leading corporations and enterprises from Norway include ITS Noway, Pixii AS, Ruter, Avfall Norge, Cambi, Host, Tomra want to set up business in Hanoi, at the same time cooperate, invest and transfer the most advanced technology in Hanoi city.

Chairman of the Hanoi City People’s Committee has just had a meeting with Innovation Norway and 7 leading Norwegian corporations and enterprises operating in the fields of: Developing smart traffic system, energy and energy storage, management and development of public transport systems, providing solutions for waste and waste sludge management, recovery and recycling of plastic and waste materials.

At the meeting, leaders of corporations exchanged views with the Chairman of Hanoi People’s Committee on Norway’s strengths, experiences and the most advanced technology such as waste and sludge treatment technology and recycling into fertilizer preparations for agriculture; technology to use clean energy in waste treatment; technology to collect, process and recycle hazardous plastic wastes; payment technology and smart transportation applications that encouraging people to use the City’s public transport system; experiences and management mechanisms that encourage corporate cooperation in waste and wastewater treatment and development of public transport.

At the same time, the leading corporations in Norway also expressed their desire to cooperate, invest and transfer advanced technology into Hanoi.

On the side of Hanoi, the Chairman of the city thanked the leaders of the corporations for exchanging and introducing valuable experiences in management as well as advanced technologies in areas that Hanoi is very in need of, serving for the construction and development of Hanoi towards smart, sustainable and effective urban.

At the same time, the city leaders also expressed that Hanoi is willing to create the most favorable conditions for Norwegian corporations and businesses to research, survey and seek investment and business cooperation opportunities in Hanoi.

Notably, representatives of the Innovation Norway, corporations and companies committed to organize Norwegian business delegations to Hanoi as soon as possible to implement the discussed plans.

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Chủ Nhật, 6 tháng 10, 2019

British Investors Proposed to Invest in Wholesale Market in Gia Lai



Chairman of Gia Lai Provincial People’s Committee has just had a meeting and worked with Chairman of the Board of Directors of TKV Holdings International (United Kingdom), coming to survey and find out investment opportunities to set up business in Vietnam and in particular set up wholesale market project in Gia Lai province.

At the meeting, representatives of TKV Holding International Cooperation Joint Stock Company expressed their interest in building wholesale market; electronic portal of wholesale market without managers; strategic product identification; advising on the province’s strategic product identification in the global value chain (building national product images) and Gia Lai province’s product consumption plans.

The representative of the company also assessed that Gia Lai is a potential province and if implemented, the wholesale market model in Gia Lai will also have its own characteristics; At the same time, asking the province to provide additional issues related to regional planning and sector planning; local determination and orientation of Gia Lai province for the participation of enterprises in implementing this wholesale market model.

At the meeting, Chairman of Gia Lai Provincial People’s Committee Vo Ngoc Thanh also raised a number of issues for the unit to learn investment such as the project scale of the wholesale market, the need to connect between the wholesale market and the people. production if the model is deployed in Gia Lai.

Chairman Vo Ngoc Thanh expects TKV Holdings International Cooperation Joint Stock Company will soon agree with the province on how to do as well as speed up the implementation plans of this project. At the same time affirmed Gia Lai’s determination and will create favorable conditions for the unit through the Department of Planning and Investment to promote investment in implementing the wholesale market project in Gia Lai province in the early period. Best.

At the meeting, Chairman of Gia Lai Provincial People’s Committee also raised a number of issues for investors such as the project scale of the wholesale market, the need to connect between wholesale market and producers if the model is implemented in Gia Lai.

Chairman of the province expects TKV Holdings International Cooperation Joint Stock Company will soon agree with the province on how to do as well as speed up the implementation plans of this project. At the same time affirmed Gia Lai’s determination and will create favorable conditions for the unit through the Department of Planning and Investment to promote investment in implementing the wholesale market project in Gia Lai province in the shortest time.

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Thứ Năm, 3 tháng 10, 2019

Set-up Branch Office in Vietnam



Foreign entity is allowed to set up branch office in Vietnam to conduct business activities according to the law.

The branch of a foreign business entity in Vietnam (referred as “The Branch”) means a subsidiary unit of the foreign business entity, established in accordance with the law of Vietnam in order to enter into contracts in Vietnam and conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.

The Branch will need to apply and obtain the establishment license; and have a seal bearing the name of the Branch.

The Branch is permitted to conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.

It should be noted that the liability of the Branch is the liability of the foreign entity. The business activity of the Branch has to be consistent with the business activity of the foreign entity. The Branch has to has office address.

Therefore the investor should consider its investment strategy when setting up its Branch in Vietnam.

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The Politburo First Issued Resolution on FDI Attraction



For the first time after 30 years of attracting foreign investment in Vietnam, the Politburo issued a thematic resolution to guide in the coming years.

On August 21st, General Secretary and State President Nguyen Phu Trong signed Resolution No. 50 on the orientation of perfecting institutions and policies, improving the quality and efficiency of foreign investment cooperation by 2030.

In the period from now until 2030, the guiding point emphasized by the Politburo is to attract FDI selectively, taking quality, efficiency, technology and environmental protection as the main evaluation criteria. At the same time, priority is given to projects with advanced technology, new technology, high technology, clean technology, modern management, high added value, spreading and connecting global production and supply chains.

In addition, the overall objective is to improve institutions and policies of foreign investment cooperation with high competitiveness and international integration. At the same time, basically overcome the limitations in building, completing and organizing the implementation of institutions and policies on foreign investment cooperation.

The Resolution of the Politburo also supplements the provision on the conditions for national defense and security in the process of considering and issuing investment registration certificates with new investment projects and investment activities through the form of capital contribution and purchase of shares.

The Politburo requires clearly defining the responsibilities of investors on environmental protection during the investment period, project implementation and operation of enterprises during the project implementation period. Along with these tasks, policies on investment management and supervision; innovation and efficiency improvement of investment promotion must be paid attention to.

The Politburo noted that the emphasis on inspection, supervision and inspection is associated with improving the responsibilities of local authorities and heads; definitely deal with projects that cause environmental pollution, inefficient land use and business losses for many years, the project does not comply with its commitments.

Statistics show that after nearly 30 years of receiving FDI capital, Vietnam has more than 23,000 FDI projects with a total registered capital of over 300 billion USD. In which, the total implemented capital is about 161 billion USD. Resolution 50 sets targets, registered capital in the period 2021 – 2025 is about 150 – 200 billion USD (30 – 40 billion USD a year); implemented capital of 100 – 150 billion USD. The period of 2026 – 2030, registered capital of 200 – 300 billion USD, implemented capital of 150 – 200 billion USD.

Percentage of enterprises using advanced technology, modern management, environmental protection, towards high technology increased by 50% in 2025 and doubled (100%) in 2030. Proportion of labor through training in the labor use structure from 56% in 2017 to 70% in 2025 and 80% in 2030.

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Thứ Ba, 1 tháng 10, 2019

Set-up Joint Stock Company in Vietnam



Joint Stock Company is an enterprise which has charter capital divided into equal portions called shares. The minimum number of shareholders shall be three and there shall be no restriction on the maximum number.

Shareholders shall be liable for the debts and other property obligations of the enterprise only within the amount of capital contributed to the enterprise.

Joint Stock Companies may issue all types of securities to raise funds. Founding shareholders must together register to subscribe at least twenty per cent (20%) of the number of ordinary shares which may be offered for sale.

The main difference between Joint Stock Company and Limited Liability Company is the Joint Stock Company can raise funds by offering shares or securities. In addition, an enterprise tends to join the Stock exchanges or public company must be a Joint Stock Company. Management system of Joint Stock Company is more complicated than Liability Company.

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Set-up Representative Office in Vietnam



A foreign business entity or a foreign trader is allowed to establish Representative Office in Vietnam.

Representative office of a foreign business entity in Vietnam (referred as “Representative Office”) means a subsidiary unit of the foreign business entity, established in accordance with the law of Vietnam in order to survey markets and to undertake a number of commercial enhancement activities permitted by the law of Vietnam.

Representative Office will need to apply and obtain the establishment license; and have a seal bearing the name of the representative office.

Representative Office is not allowed to directly conduct profit making activities in Vietnam (i.e: the execution of contracts, direct payment or receipt of funds, sale or purchase of goods, or provision of services), but the representative Office is permitted to

-To operate strictly in accordance with the purposes, scope and duration stated in the license for establishment of such representative office;

-To rent offices and to lease or purchase the equipment and facilities necessary for the operation of the Representative Office;

-To recruit Vietnamese and foreign employees to work for the Representative Office in accordance with the law of Vietnam;

-To open accounts in foreign currency and in Vietnamese Dong sourced from foreign currency at banks which are licensed to operate in Vietnam, and to use such accounts solely for the operation of the Representative Office.

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Chủ Nhật, 29 tháng 9, 2019

Da Nang organizes the 9th urban development forum in the city of Yokohama, Japan



On September 9th, 2019, Danang organized the 9th urban development forum of the city in Yokohama, Japan. 

The forum was organized in 03 days from 09-11 September 2019. In this forum, the two cities reassessed the cooperation results over the past time, namely the implementation of the Memorandum of Understanding was signed between the two cities (in April 2019). In the coming time, the cities will focus on developing public transport, building port government projects, environmental issues, high technology, information technology and city construction. clever.

In the forum, the two cities summarized the achievements of economic cooperation between the two cities in recent years. Especially with the financial support from Japan International Cooperation Agency (JICA) in recent years such as: waste separation project, water pump supply project, Lien Chieu port research project. At the same time, the representative from Da Nang highly appreciated the mode of cooperation between the public and private sectors of Yokohama City through the Center of establishment the knowledge- Y-PORT and the Yokohama Urban Solutions Alliance – YUSA; Danang hope that Yokohama city will continue to share experiences for Danang City to learn and apply to develop similar models in the city.

In addition, representative of Da Nang mentioned specific matters that need Yokohama to coordinate and support in the future such as: support to raise awareness of waste separation at source, technical observation of water environment and air environment, human resource training in the field of information technology, high technology, smart city, training and caring for the elderly …

At the forum, leaders of the two cities witnessed the departments and units of the two localities signing the cooperation minutes, marking, committing and confirming the sustainable cooperation relationship of the two cities, including: (1) Framework for implementing the Memorandum of Cooperation between the two cities for the period of 2019-2022 (2) Promotion of energy saving project towards people in Da Nang city by JICA funding (3) Danang Industrial Wastewater Management Project.

In the coming time, Danang wishes the two cities to work together to develop together, to attract Japanese investors to Danang to invest in here through setting up company under foreign direct investment scheme, thereby helping the city to learn a lot of experience in construction and development in the future.

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Thứ Sáu, 27 tháng 9, 2019

Danang organizes roundtable discussion investment cooperation with Canada



On August 28, 2019, in the Toronto city, Canada, Chairman of Danang People’s Committee chaired a roundtable talk about Canada-Danang investment cooperation.

At the conference, the Chairman of Danang City People’s Committee introduced the investment and business environment, as well as exchanging cooperation and investment opportunities to investors in Canada. The city also expressed its desire to attract investment in high technology, information technology, education and tourism.

Until June, 2019, Canada has 10 foreign direct investment projects in Danang with a total registered capital of nearly USD 1 million, mainly in the field of management consulting service, equipment leasing. In terms of trade exchange, in 2018, exports from Danang to Canada reached 27 million USD, with the main export items including garments, children’s toys, components, auto parts, crafts. Meanwhile, the import value reached US $ 1.6 million with the main import items such as machinery, equipment and transport vehicles. At the roundtable seminar, Canadian investors expressed their interest in projects in the field of renewable energy, education, assembly, and production of auto parts in Danang.

For investors interested in the opportunity to cooperate in the production of automobile parts, Danang said the city has many mechanical businesses capable of cooperating to produce automobile parts with foreign partners. At the same time, the strategic location of Danang is also an advantage for investors in terms of product transportation and distribution system when opening the factory here.

In the field of education – training, city leaders encourage projects of building international schools and joint training programs according to international programs in Danang of Canadian investors.

In addition, Danang also wishes to cooperate with the city of Brampton, Ontario province – a city possessing strengths in logistics, information technology in Canada. At the meeting, representatives of city agencies answered the investors’ questions related to investment support and preferential policies; especially in the field of high technology, renewable energy, financial support for small and medium enterprises, protection of intellectual property rights …

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Thứ Tư, 25 tháng 9, 2019

Legal Validity of Criminal Records Card in Vietnam



Criminal record or judicial record is a record of criminal convictions of convicted persons with criminal judgments and decisions of courts which have taken legal effect, judgment execution status and ban on individuals to hold positions or setting up company in Vietnam, or managing enterprises and cooperatives in Vietnam in cases where enterprises or cooperatives are declared bankrupt by Courts.

The competent state authority will grant individuals a criminal or judicial record card, which is issued by the department of justice or data center of judicial records to provide information whether or not an individual has any criminal record; prohibited or not prohibited from holding the position, establishing company in Vietnam, managing enterprises and cooperatives in Vietnam in case the enterprise or cooperative is declared bankrupt. Within the enterprise, judicial record cards will support human resource management, business registration, establishment, management of enterprises, cooperatives … Besides, many government agencies and organizations requesting individuals to provide judicial record cards for some necessary activities i.e. criminal record requirement for employment, criminal record for work permit application, criminal record for immigration purposes. According to Clause 1, Article 44, Law on Judicial Records 2009, there are two types of judicial record cards, including:

– Judicial record card No. 1 issued to Vietnamese citizens, foreigners who have or are residing in Vietnam to serve the purpose of human resource management, business registration, establishment, management of enterprises and cooperatives.

– Judicial record card No. 2 issued to Vietnamese citizen or foreigners whom have or are residing in Vietnam to serve the purpose of immigration, or others.

Depending on the purpose of using judicial record cards, individuals, agencies and organizations request the issuance of judicial record cards No. 1 or No. 2.

Pursuant to the Law on Judicial Records in 2009, Decree 111/2010 / ND-CP guiding the implementation of the Law on Judicial Records, the time limit for judicial record cards of Vietnam so far has not been clearly defined. Criminal record card’s time limit depend on the provisions in the documents of each relevant legal field and depending on the decision of the agency or organization that need to verify the status of judicial record of this individual.

As Articles 20, 24 and 28 of the Nationality Law of 2008, amended and supplemented in 2017, the application for admission, renunciation and return to Vietnamese nationality must have a judicial record card issued within no more than 90 days. For visa applications (VISA) at the US Embassy or the US Consulate General, the individual must have a judicial record card issued within 1 year for immigration verification.

Therefore, when individuals are required to provide judicial record cards at agencies and organizations, they must consider the regulations on the time limit that such agencies allow for judicial record cards. It is not contrary to the Law on Judicial Records in 2009, because the Law does not clearly stipulate the legal effect on two judicial record cards No. 1 and 2, as well as there are no regulations limiting the agencies and organizations to set the time limit for the criminal record cards in Vietnam.
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Thứ Hai, 23 tháng 9, 2019

Da Nang and Austria cooperate to develop tourism and investment



In July 2019, the delegation of Danang city attended the Introduction and Promotion Program in Danang in Vienna, Austria. The delegation of Danang Promotion Agency discussed the development of tourism with Graz city (Austria) of the two cities and investment into Vietnam.

The representative of Vietnam emphasizes that Danang is one of the most attractive tourist destinations in Vietnam and invited Austrian travel companies to set up travel programs to bring tourists to Vietnam and promote investment through setting up company in Danang.

During the program, the delegation worked with the City Mayor of Graz city and the representatives of Graz City Council on the promotion of the establishment of local-level cooperation between Danang and Graz. Graz city is the second largest city in Austria with a developed economy based on tourism, education and training pillars, high technology. These are also business lines that Danang City is very interested in.

The representatives of Danang city and representatives of Graz City Council have many programs to attract the tourism of both cities and wish to further develop the relations in many fields, including investment.

In the coming time, the investment cooperation of Austria and Danang city will have positive changes, this will create favorable conditions for Austrian investors to invest in Danang. Investors in the tourism and high-tech sector will be investors have many opportunities to invest in Danang in the future.

Echoing the initiative between Da Nang and Graz, Mr Tuan Nguyen of ANT Lawyers visited Vienna and Graz, Austria during the business trip between Jul 10 to Jul 12, 2019 to meet with long term European law firm partner Mr Markus Leitner of Leitner & Hirth, a law firm in Graz, Austria

And together meet and discuss potential business plan with a number of Austrian clients whom are interested in expanding business to Vietnam through different forms i.e. set up company in Vietnam to distribute plug and play hydroelectric power plant or establish factory to produce sustainable non-woven bags for export, or export agricultural machinery from Austria to Vietnam, in particular:

Doro Turbine Gmbh, represented by Stefen Stein, CEO

An award-winning start-up company, based in Graz-Austria, that is developing solutions for the simple utilisation of hydropower with very low heads. The doro-C Compact comes totally prefabricated in a 20ft standard container, which includes not just the turbine itself, but also the entire automation system as well as the electrical components. This makes doro-C the first plug & play hydroelectric power plant, especially designed for non-experts, which are simple, reliable & affordable.

Weforyou, represented by Armin Amirpanah, CEO

-International developer, producer and consultant of biopolymers and sustainable packaging solutions with a focus on the needs of retailers and polymer processing markets.

-Produce and provide customized PLA and PLA compounds. All weforyou’s bioplastics are 100% biodegradable, 100% compostable and 100% non-GMO.

RWA Wien AG, represented by Stefen Mariel

-A wholesaler of agricultural products and inputs as well as energy, building materials and products for home & garden;

-A wholesaler and retailer of agricultural machinery and spare parts;

-A franchisor for building & garden centres and building materials under the Lagerhaus brand;

-A developer of high quality own brands for the Lagerhaus cooperatives;

-A service provider enabling synergies in the areas of IT, modern business organisation, marketing and legal advice.

How ANT Lawyers Could Help Your Business?

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Chủ Nhật, 22 tháng 9, 2019

The Note of New Provisions of Law on Planning Decree No.37/2019/ND-CP



The Law on Planning 2017 has been effective from January 01st, 2019. On May 07th, 2019, the Decree no. 37/2019/ND-CP details some articles of Law on planning is effective. This Decree details some articles of Law on Planning including the Article 15,17,19,24,25,26,27,30,40,41 and 49 of Law on Planning.

This Decree applies to organizations and individuals involved in the formulation, appraisal, decision or approval, announcement, implementation, assessment and adjustment of the planning under the national planning system and other relevant organizations and individuals.

Therefore, the time duration for formulation of the national comprehensive planning, national marine spatial planning and national land use planning is not over 30 months, since the day approving the planning task. In the case the national planning system and province planning system, the time duration is 24 months.

This Decree details the contents of planning need to be published on the mass media: A summary of the planning contents must be published at least 01 time on the first page of a printed newspaper or on the homepage of the online newspaper for at least 30 days; The planning contents must be announced on news programs and television channels of national radio and television stations or provincial television stations.

The announcement of planning contents is also carried out through the following forms: model display, planning maps; conferences and workshops to disseminate planning contents and plan implementation plans; publications such as books, atlas, introductory videos…

The Decree specifies the professional capacity of this planning consultancy organization not belonging to state agencies. Pursuant to the Law on Planning 2017, the power to organize planning formulation includes: The Government shall organize formulation of the national comprehensive planning, national marine spatial planning and national land use planning; The Prime Minister shall organize formulation of regional planning; Ministry and ministerial authorities shall organize formulation of national sector planning; The People’s Committees of provinces shall organize formulation of provincial planning. However, the planning organization, the Ministries and Ministerial authorities and local governments shall select a planning consultancy in accordance with regulations of the Law on Bidding. The planning consultancy shall have a legal status and satisfy qualification requirements applied to its assigned tasks in accordance with regulations of the Government is regulated at Article 4 Decree 37/2019/ND-CP includes the conditions as follow:

-Planning consultancy organizations must have at least 01 consultant, who is the planning project manager and must have a university degree or higher in the discipline related to the planning to be established to meet the prescribed conditions and at least 05 consultants presided over the planning component or planning contents for the national sector planning and provincial planning to meet the prescribed conditions. Consultancy organizations that formulate planning components or planning contents for national and provincial planning must have at least one consultant meeting the prescribed conditions.

-The Consultants who are managers of planning projects must have a university degree or higher in the discipline related to the planning, and have established at least 01 planning of the same planning level that needs to be elaborated or directly participated in set up at least 02 plans of the same planning level.

-In case the national master plan is first established in Vietnam, the consultant who is the planning project manager must have a university degree or higher in the discipline related to the planning needed to be established and the owner has established at least 02 regional plans or planning for the inter-provincial river basin.

-Consultants who lead the formulation of planning components or planning contents for national and provincial planning sectors must have a university degree or higher in a discipline related to the planning component or planning contents. It is necessary to set up and directly participate in setting up at least 01 planning of the same planning level.

-If the national master plan is first established in Vietnam, the consultant who presides over the planning component or the planning content for the national sector planning must have a university degree or higher in the specialized field. relating to the planning component or the planning content to be prepared and presided over at least 01 planning or directly involved in setting up at least 02 regional or planning for the scope of the inter-river basin the provincial.

Organizations that meet the above requirements may conduct planning consultancy for competent state agencies for planning. In Chapter II of Decree 37/2019/ND-CP stipulating the issue of planning, in this chapter, the responsibilities of planning agencies, for each planning, will specify the responsibilities Specific agencies such as: Responsibilities of agencies that formulate national master plans, national maritime space planning, regional planning; Responsibilities of agencies organizing the formulation of planning components and agencies making planning components… prescribe the time limits, tasks and contents of planning, but the planning contents must comply with orientations and points and development objectives of socio-economic space, regional space, social and technical infrastructure… according to regulations, create uniform consistency and ensure sustainable development objectives.

The Decree details about the information system and the national database about planning at Chapter V of this Decree, includes the contents about information and database as follow:

The information, database of the information system and national database about planning and information, the database is digitized, linked, integrated with each other, linked to the national geographic database and appraised in accordance with the law.

The scale of implementing the construction of national geographic database is determined by district administrative units; use VN-2000 reference frame and coordinate system for all types of information, map database.

Information and database collected to build a national planning information and database system include:

-Database of national planning documents, regional planning, provincial planning, specialized technical planning, special administrative – economic unit planning, urban planning and planning rural areas have been approved and stored according to Article 44 of the Law on Planning;

-Specialized database managed by Ministries, Ministerial authorities, People’s Committees of provinces and cities under the central government, including national statistical database and national statistical indicators system, provincial, district and commune levels; database on water resources; database on geology and minerals; environmental database; database on meteorology and hydrology; database of marine and island environmental resources; database on climate change; land statistics and inventory database; database of land use planning and plans; information and databases related to basic land surveys; database on technical infrastructure systems; database on social infrastructure systems; database on construction; database on urban systems and rural population points; database on housing and real estate market; database on national defense and security; relevant measurement and mapping databases;

-National geographic database is standardized and updated regularly;

-Information and databases on other planning.

The Decree stipulating the planning contents must be announced on the mass media: notices on national radio and television news programs for national planning and regional planning or provincial radio and television stations for provincial plans on summarizing the contents of decisions or approving planning and lists of projects prioritized for investment in the planning period.

Planning law and construction law have a close relationship. An important principle of planning activities is to ensure stability, avoid disturbance to business and production activities of enterprises and people’s lives. Decree 37 is expected to help clarifying issues, reducing overlapping in relevant legal provisions.

ANT Lawyers attorneys, a law firm with offices in Hanoi, Ho Chi Minh City and Da Nang regularly monitor legal changes to update customers regularly.
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Thứ Năm, 19 tháng 9, 2019

The Valid Transfer Date of Member or Shareholder Rights of Buyer Arising from M&A



The specific time for transferring ownership right of asset is very important in all contracts. This time affects the lawful rights and obligations of not only seller, purchaser but also of the third party.

The most-important principal of civil law is the recognition and respect of agreement between the related parties. It means that the parties may freely decide the specific time for transferring ownership rights. Nonetheless, in some special case such as M&A contract, the specific time is not under the decision of parties.

In legal term of Vietnam, M&A is deemed as similar to split-off, split-up, merger, acquisition of an enterprise, contributing capital to existing enterprise, and purchasing contributed capital of member or shareholder of existing enterprise.

When is the transfer of member or shareholder rights of buyer come into effect in cases of split-off, split-up, merger and consolidations, acquisition?

The Law on Enterprise 2014 provides the definition for each type as follows:

For splitting up enterprise:

“Article 192. Split-up


The splitted-up company shall cease to exist after the new companies are granted Enterprise Business Registration. The new companies are jointly responsible for the unpaid debts, labor contracts, and other liabilities of the splitted-up company, or reach an agreement with the creditors, customers, and employees to decide on one of the new companies to settle such obligations.”

For splitting off enterprise:

“Article 193. Split-off


After business registration, the splitted-off company and new companies are jointly responsible for the unpaid debts, labor contracts, and other liabilities of the splitted-off company, unless otherwise agreed among the splitted-off company, new companies, the splitted-off company’s creditors, customers, and employees.

For merger and consolidations of enterprise:

“Article 193. Consolidation


After business registration, the consolidated companies shall cease to exist; the new company shall take over the lawful rights and interests as well as unpaid debts, labor contract, and other liabilities of the consolidated companies.”

For acquisition of company:

“Article 195. Acquisition


Procedures for acquisition:


c) After business registration, the acquired companies shall cease to exist; the acquirer shall take over the lawful rights and interests as well as unpaid debts, employment contract, and other liabilities of the acquired companies.”

The above regulations of laws have determined the specific time for ceasing survival, transferring rights and obligations from old entity(ies) to new entity(ies) after split-off, split-up, merger and consolidations, acquisition. This time is specified after completing the legal procedures at competent state authorities.

After being granted an enterprise registration certificate or carrying out business adjustment and registration procedures, the new entity(ies) must (jointly) be responsible for: unpaid debts, labor contracts, and other liabilities, and the old entity(ies) will either cease to exist or still exist with smaller or bigger business. Accordingly, although the buyer and the seller (called collectively the parties participating M&A) have signed a M&A contract which has been agreed to take effect before the completion of legal procedures at state authorities, the buyer has not had any legitimate right yet to the seller. The M&A contract is one of the necessary documents submitted to state authorities to proceed the next legal procedures.

When is the transfer of member or shareholder rights of buyer come into effect in cases of contributing capital to existing enterprise, purchasing contributed capital of member or shareholder of existing enterprise?

The purpose of M&A is to gain control and dominance right of all or part of seller, not merely owning part of the capital or shares of the enterprise as a normal investment activity. With these cases, no new entity is established and no old entity is ceased to exist. The enterprise, after contributing capital or purchasing contributed capital, may have a change in the capital contribution ratio or keep it unchanged, but the information of members and shareholders of the enterprise shall be modified. The Law on Enterprise recognizes the rights of only members of limited liability companies and shareholder of joint stock companies but does not prescribe legal status before becoming a member or shareholder.

When is investor recognized as a legitimate member, shareholder to get the rights and obligations that the law stipulates?

The contribution of sufficient capital as committed is not a decisive factor in being entitled the right of member or shareholder. As well as notifying to the competent authorities is uncertain to generate member and shareholder right. Nevertheless, the Enterprise Law has uniform provisions on this issue as follows:

For joint stock company:


Contributing capital:

“Article 124. Offering of shares to existing shareholders


In case the amount of offered shares are not completely purchased by shareholders and recipients the preemptive right, the Board of Directors is entitled to sell the remaining authorized shares to shareholders of the company or other people in a reasonable manner and conditions that are not more convenient than the conditions offered to shareholders, unless otherwise accepted by the General Meeting of Shareholders or shares are sold via a Stock Exchange.


Shares are considered as sold when they are fully paid and information about the purchaser mentioned in Article 121.2 hereof are fully written in the shareholder registration book; from this time, the purchaser shall be come a shareholder of the company.”


Purchasing contributed capital:

“Article 126. Share transfer


Recipients of shares in the cases mentioned in this Article shall only become the company’s shareholders from the day on which their information mentioned in Article 121.2 hereof are fully recorded in the shareholder registration book.”

For limited liability company:


Purchasing contributed capital:

“Article 53. Transferring contributed capital


The transferring member still has the rights and obligations to the company in proportion to his/her capital until information about the buy mentioned in Article 49.1.(b), (c) and (d) hereof is written on the member registration book.”

Accordingly, when the information of buyer is recorded in member/shareholder registration book, the buyer will officially have the legal rights for members and shareholders. The next legal procedures are intended to notify the competent authority and amend the enterprise registration certificate. The most important content of the registration book is the total amount of contributed capital of each member or shareholder. This is evidence for the ownership in limited liability companies and joint stock companies. For a limited liability company, both registration book and enterprise registration certificate are two proofs of ownership right of the member. However, for joint stock company, only registration book is evidence on shareholder’s ownership right. This is the reason showing important role of registration book.

Depending on each M&A form, the buyer and the seller should attend to the time of termination and generation of legitimate rights and interests, obligations and responsibilities as members and shareholders. M&A aims to purchase and sell a special asset, which is property or capital of an enterprise. With the special assets, the regulation of laws may stipulate strictly depending on case by case which it is suggested the parties consult with law firm in M&A in Vietnam to receive advice.
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Thứ Tư, 18 tháng 9, 2019

Danang Attracts Investment in Tourism-related Services



Danang City always fulfills its goal of developing into a tourist city, so tourism support activities are always prioritized for development. With the above advantages, Danang is the destination of many domestic and foreign investors to develop hospitality real estate, tourist services and tourism-related services i.e. retail of food and beverage…

In 2018, Da Nang received over 7.6 million domestic and international visitors. Beside My Khe beach, Pham Van Dong beach, Ba Na Hills, Monkey mountain, … the city is also known as a place to host many major festivals. For many years, Da Nang has been chosen as the city where the international fireworks competition is held every year, attracting many visitors. In addition, traditional festivals such as Quan The Am festival, International Food Festival, Cau Ngu Festival, Festival Street, Bai Choi music… attract a large number of tourists to visit Danang.

Although there are many business locations for tourism-related service, Da Nang still lacks service businesses to serve the growing number of tourists to the city.

For foreign investors, tourism-related services such as accommodation services, food and beverage services are the business lines which Vietnamese committed to allowing foreign investors can make investments with 100% foreign capital in Vietnam. These industries do not require investors to spend significant capital, but still could bring high economic efficiency. Investors who take advantage of opportunities and investments today would enjoy high business performance in the future.

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