Establishing a Representative Office in Vietnam: A Simple Investment Route for Foreigners

Setting Up a Representative Office in Vietnam Under Vietnam Law

Establishing a representative office in Vietnam is one of the simplest ways for foreign investors to enter the Vietnamese market.

A representative office allows foreign traders to lease office space, hire staff, open bank accounts, and promote their business activities in Vietnam.

If the chief representative is a foreigner, they can apply for a work permit and a temporary residence card to live and work in Vietnam.

Since representative offices are not subject to income tax, maintaining one is less burdensome compared to a full-fledged company. Additionally, when the office has fulfilled its purpose, the process of closing it down is less complicated than that of dissolving a company.

According to Vietnamese law, a representative office is a dependent unit that represents the interests of a foreign entity in Vietnam. These offices are established by foreign companies to conduct market research, provide information, assist in finding new business partners, and gain an understanding of the local market.

Foreign entities must meet certain conditions before establishing a representative office in Vietnam. The office operates in compliance with Vietnamese law and has specific rights and obligations.

Important Notes for Preparing the Application to Establish a Representative Office in Vietnam

When preparing the application for a representative office license in Vietnam, foreign entities should keep the following points in mind:

Complete the Application Forms

The application forms for establishing a representative office in Vietnam are issued by the Ministry of Industry and Trade. These forms must be signed by the legal representative of the foreign entity.

Notarize, Legalize, and Authenticate Documents

The foreign entity must submit the business registration certificate, audited financial statements, charter, office lease agreement, and the passport of the legal representative of the representative office in Vietnam. Documents issued abroad must be notarized, legalized, and authenticated (apostille procedures) according to Vietnamese law for use in Vietnam. If the business registration certificate or equivalent documents have an expiration date, there must be at least one year remaining.

Who Can Be the Chief Representative in Vietnam?

The Chief Representative of the office in Vietnam must be a different individual from the Director of the foreign entity.

Timeline for Setting up a Representative Office in Vietnam

The process of setting up a representative office inVietnam generally takes about 20 business days from the submission of the application until receiving the business operation registration for the office.

 

 

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Understanding Trademark Registration in Vietnam

1. Importance of Trademark Registration

Legal Protection: Registering your trademark in Vietnam legally protects your brand and intellectual property, preventing others from using your trademark.

Market Security: It ensures that your brand identity is secured in the expanding Vietnamese market.

2. Common Mistakes to Avoid

Inadequate Research:

Make sure your trademark is unique and not already in use.

Use national and international trademark databases.

Hire experts and consult legal professionals for thorough research.

Incorrect Classification:

Use the Nice Classification system to accurately categorize your goods and services.

Misclassification can lead to application rejection, incomplete protection, and additional costs.

Failure to Monitor and Renew:

Trademark registration requires ongoing monitoring and timely renewals.

Neglecting to renew can lead to loss of rights and legal complications.

3. Benefits of Expert Assistance

Knowledge: Experts understand Vietnam’s trademark laws and procedures.

Efficiency: They streamline the registration process, saving you time.

Risk Reduction: Experts help avoid common pitfalls, reducing the risk of rejection or legal disputes.

Comprehensive Protection: Ensures your brand is fully protected through correct classification and monitoring.

4. Choosing the Right Service Provider

Experience and Reputation: Select law firms in Vietnam with a proven track record in trademark registration.

Full Range of Services: Ensure they offer research, classification, registration, monitoring, and renewal services.

Legal Support: Opt for providers with strong legal expertise to handle any potential disputes.

By understanding these points and seeking expert assistance, you can navigate the trademark registration process in Vietnam smoothly and protect your brand effectively in this growing market.

 

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How to Protect Copyright in Vietnam?

How to Protect Copyright in Vietnam?

Copyright refers to an individual or organization's rights to a work that they created or own, as defined by Vietnam's Intellectual Property Law. Additionally, works of literature, art, and science shall constitute the subject matter of copyright; Performances, audio and visual fixation, broadcasts, and satellite signals carrying coded programs are all eligible subjects for copyright-related rights.

However, if there is no prior prepared evidence, it is difficult to demonstrate the owner's copyright. In the event of a dispute or violation, the most crucial piece of evidence is a copyright registration. When the owner can demonstrate that the Work is covered by copyright law, the registration of the copyright will prevent infringement.

ANT Lawyers – A registering copyright services in Vietnam would like to assist you in registering and safeguarding your copyright and related rights in Vietnam in the following ways with their highly skilled staff and extensive knowledge of the intellectual property landscape in Vietnam:

Our services in copyright registration

-Provision of professional opinions and advice in relation to registration of copyright and related copyright;

-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;

-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;

-Appeal and cancellation;

-Proceedings before the judicial authorities.

How to register a copyright or related rights in Vietnam?

Condition of copyright registration

If a work meets the following requirements, its owner's copyright will be registered:

-The ideas of the Work shall be presented particularly in a visible material

-The Work shall be original (Be made directly by the author without copying from any other works or people).

Required information and document

-Original Power of Attorney (POA) from the Applicant;

-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …

-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …

–Business registration certificate or establishment certificate (if applicant is association or organization);

-Written promise of being ownership of the work of the applicant;

-Some other specialized document with each specified aspect.

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

 Duration of copyright protection

-The following rights are protected forever:

-Right to give titles to their works.

-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

The following rights are protected within the stipulated duration in law

-Right to make derivative works;

-Right to display their works to the public;

-Right to reproduce their works;

-Right to distribute or import the original or copies of their works;

-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

-Right to lease the original or copies of cinematographic works and computer programs;

-Right to reproduce their works.

The duration of each type of work protected by the aforementioned rights will vary. The term of protection for cinematographic, photographic, stage, applied, and anonymous works, in particular, shall be fifty (50) years from the date of first publication. Other works are protected throughout the author's lifetime and for fifty (50) years after their death.

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Public Consultation on the Investigation of the Application of Anti-dumping Measures on a Table and Chair Products

Public Consultation on the Investigation of the Application of Anti-dumping Measures on a Table and Chair Products

Pursuant to Article 70 of the Law on Foreign Trade Management in 2017 and Article 13 of Decree No. 10/2018/ND-CP detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies, the investigating authority will hold a public consultation in the case of investigating the application of anti-dumping measures on a number of table and chair products original from Malaysia and the People’s Republic of China (case AD16).

Time: 09h00-12h00, Monday, November 21, 2022.

Location: Meeting room 101 – 25 Ngo Quyen, Hoan Kiem, Hanoi.

Format: Face-to-face and online.

Language: The spoken and written language used in the consultation is Vietnamese. The relevant parties have the right to use other spoken and written languages, but there must be a translation from those languages into Vietnamese. Information and documents not in Vietnamese provided by relevant parties must be translated into Vietnamese. The relevant parties must ensure truthfulness, and accuracy and take responsibility before the law for the translated content.

The investigating authority requests relevant parties register to participate in the consultation and send their registration form.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

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Law Firm in Vietnam

ANT Lawyers is a law firm in Vietnam with offices in Hanoi, Danang and Ho Chi Minh City. We are an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries through which we have built up relationship with lawyers from all parts of the world. This cooperation allow ANT Lawyers to handle cases involving matters of international nature involving foreigners.

Law Firm in Vietnam

ANT Lawyers, as a reliable English speaking law firm in Vietnam, we focus on providing possible solutions that best meet the needs of legal and business clients. We help customers achieve their goals while protecting their interests, minimizing risks, and complying with the law.

The law firm works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. Highly professional staff and great experience enables us to advise on various matters from the precedent-setting to the purely procedural.

The common thread in everything our law firm does is our ability to combine both commercial and legal perspectives. This means our clients can rest assured that, whatever the case or transaction, our lawyers at the law firm in Vietnam have the experience to deliver legal advice and service that works in a commercial context.

Our lawyers offer client with particular services that guide clients throughout investment, commercial transaction, M&A, civil transaction, property sales and purchase, IP registration, and dispute resolution procedures.

We help clients to overcome cultural barriers and achievie their strategic and financial results, anh in the meantime ensure best interest protection, risk minimization, and regulatory compliance.

Looking for a reliable local English speaking law firm in Vietnam for your business?

Tell us how we can be of service and one of our team members will contact you. Email: ant@antlawyers.vn, Tel: +84 28 730 86 529

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Requirement on Sending Notices in Arbitration Proceedings in Vietnam

What are Requirement on Sending Notices in Arbitration Proceedings in Vietnam?

Dispute resolution methods are litigation, negotiation, mediation and arbitration. Handing disputes requires litigation law firm with dispute lawyers in Vietnam having experience and knowledge to provide resolutions to complex cross-border issues, commercial and civil disputes.

 

Arbitration Lawyers in Vietnam

According to Article 12 of Vietnam Law on Commercial Arbitration, unless otherwise agreed by the parties or provided by the arbitration center’s rules of proceedings, the mode and order of sending notices in arbitral proceedings for dispute are specified as follows:

Each party’s written explanations, correspondence papers and other documents shall be sent to the arbitration center or arbitration council in sufficient copies so that every member of the arbitration council and the other party has one copy, and one copy is filed at the arbitration center;

Notices and documents to be sent by the arbitration center or arbitration council to the parties shall be sent to the addresses or to their representatives at the correct addresses notified by the parties;

Notices and documents may be sent by the arbitration center or arbitration council directly, in registered or ordinary mails, by fax. telex, telegram, email, or other modes which acknowledge such sending;

Notices and documents sent by the arbitration center or arbitration council will be regarded as having been received on the date the parties or their representatives receive them or if such notices and documents have been sent to addresses or to their representatives at correct address notified by the parties;

The time limit for receiving notices and documents shall be counted from the date following the date such notices and documents are regarded as having been received. If the following date falls on a holiday or day off under regulations of the country or territory in which the notices and documents have been received. This time limit shall be counted from the subsequent first working day. If the last day of this time limit falls on a holiday or day off under regulations of such country or territory, the time of expiration is the end of the subsequent first working day.

Arbitration lawyers in Vietnam at ANT Lawyers - a Law firm in Vietnam with accreditation in national and international arbitration practice could help providing legal advice in disputed matters, and guide the clients throughout the process. The arbitration lawyers could also advise the clients on various matters from choice of arbitrator, choice of arbitration rules, ad-hoc or institutional arbitration, place of arbitration, enforcement of arbitral award.

 

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Vietnam Up-holds the Application of Anti-dumping Measures on Flat-rolled, Painted Alloy Steel from the South Korea and China

On April 20^th, 2021 the Ministry of Industry and Trade issued Decision No. 1283/QD-BCT on the results of the first review of the application of anti- dumping measures of some alloy steel products or non-alloys to be flattened, the paint originated from the Republic of Korea and the People’s Republic of China.

 

Anti-dumping measures applicable to alloy or non-alloy steel products that are flat-rolled or painted were not requested to be reviewed periodically by any parties On May 5^th, 2022, the Ministry of Industry and Trade issued Decision No. 843/QD-BCT on remaining s or non-alloys to be flattened, the paint originated from the Republic of Korea and the People’s Republic of China.

Within 60 days before the end of one year from the date of this decision, the relevant parties could request for review again.  This decision takes effect on May 5^th, 2022.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our international trade lawyers, countervailing duty lawyers and antitrust lawyers in Vietnam at ANT Lawyers - A Anti-dumping law firm in Vietnam  could be of help.

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