ANT Lawyers
Vietnam Law Firm with English Speaking Lawyers
ANT Lawyers
Vietnam Law Firm with English Speaking Lawyers
ANT Lawyers
Vietnam Law Firm with English Speaking Lawyers
ANT Lawyers
Vietnam Law Firm with English Speaking Lawyers
ANT Lawyers
Vietnam Law Firm with English Speaking Lawyers
Thứ Tư, 30 tháng 12, 2020
New procedure in marriage with foreign element
Thứ Ba, 29 tháng 12, 2020
Da Nang and Korea cooperate in investment
On December 3, 2020, the representative of Da Nang city held an online investment promotion conference called “Investing in Da Nang” for Korean investors and businesses. The conference with the participation of more than 100 Korean investors and businesses has helped investors and businesses have a new view in their investment implementation in Da Nang market.
The conference has promoted and introduced the business environment and cooperation opportunities investment in Da Nang in the fields of high technology, information technology, services, and smart city support. Recently, in the context of investment capital inflows from Korea tends to shift to Southeast Asia due to the influence of the Covid-19 epidemic and the US-China trade war, Vietnam is considered to be a country which meet enough political, economic, labor and technological conditions to make the shifting investment in an easy way.
At the conference, representatives of Da Nang city affirmed that foreign investment is one of the important resources for the socio-economic development of the city. For many years, the city has always set the goal of attracting investment as the top target, in addition, the city has actively improved the investment environment, issued many preferential policies and supported foreign investors who invest in the city.
In 2020, despite the impact of the Covid-19 pandemic, there are still many investment projects of Korean investors making investments in Da Nang. Until November 2020, Korea is the country which has the most number of projects in Da Nang with 232 projects, and ranked 4th in terms of capital, with a total registered investment capital of more than 376 million USD, episode medium in the fields of services, real estate, industrial production and information technology.
In the current period, with the selection of a politically stable investment location, high quality labor, reasonable investment costs and good disease control ability, Vietnam is the top destination for Korean investors to set up company, set up factory, and make investment in Vietnam. Currently, many large enterprises in Korea have signed Memorandum of understanding with Da Nang city as the first step of cooperation and investment development in Da Nang in the coming years.
We are a law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529
Thứ Hai, 28 tháng 12, 2020
The Cases of Transferring Money from Vietnam Abroad
In the context of international economic integration, more and more foreign investors are coming and investing in Vietnam. Besides, many Vietnamese individuals and organizations have also implemented many investment activities, living, traveling… abroad. Therefore, there are needs to transfer money fromVietnam abroad. According to the provisions of Vietnamese laws on foreign exchange management, domestic individuals and organizations are allowed to transfer money abroad in the following cases:
How to transfer money from Vietnam abroad
For individuals being Vietnamese citizens, they are entitled to buy, transfer or bring foreign currencies overseas according to the State Bank’s regulations for the following purposes: to study and receive medical treatment abroad; traveling; business trip; visiting abroad; to pay charges and fees to foreign countries; allowances for relatives members living abroad; transfer of inheritance money to overseas heirs; transfer money in case of permanent residence abroad; One-way money transfer for other legitimate needs.
For enterprises, they are allowed to transfer money abroad when performing the following cases: Carrying out payment and transferring money related to the import or export of goods and/or services; payment of payments and remittances related to commercial credits and short-term bank loans; make payments and transfers related to direct and indirect investment income; transfer money when being allowed to reduce direct investment capital; payment of debts and interest of foreign loans; make one-way money transfers; payment and other remittance according to regulations of the State Bank of Vietnam.
We are a law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529
Thứ Sáu, 25 tháng 12, 2020
How Cross-Border Supply of Services Works?
Bilateral or multilateral free trade agreements between countries are formed majorly based on the WTO agreement system. In particular, GATS as an Agreement under the WTO system, is the first and only set of multilateral rules governing international trade in services. Ways or modes of trading services are basic provisions of GATS, including: Cross-border supply (mode 1), Consumption abroad (mode 2), Commercial presence (mode 3), Presence of natural person (mode 4). The categorization of modes covering its own regulations depends on the territorial presence of the supplier and the consumer at the time of the transaction.
International
trade dispute law firm in Vietnam
According to GATS,
cross -border supply means supply of a service from the territory of one Member
into the territory of any other member, and supplier and consumer of a member
do not present within the territory of other member. Consumption abroad means
supply of a service in the territory of one Member to the service consumer of
any other member. Presence of natural person means supply of a service by a
service supplier of one member, through presence of natural persons of a member
in the territory of any other member. It should be noted that cross-border
supply of services is defined depending on each Agreement. Under CPTPP,
cross-border supply includes modes 1, 2 and 4 above. In this article,
cross-border supply is equivalent to mode 1, under GATS.
When participating in
GATS, members make commitments for market access with respect to each mode of
service supply and sub-sector. The GATS provides a set of general principles
that all WTO members must adhere to, which there is no unnecessary barriers
applied to trade. However, GATS expressly recognizes the rights of member
governments to manage and regulate the supply of services in pursuit of their
own policy objectives. GATS also does not interfere in internal affairs ad
policies of members. Therefore, the governments absolutely have the right to
decide and adopt their trade policies. The enterprise of a member must comply
with domestic regulations in the territory of other member where they conduct
business and trade in services and refer to that Member’s Schedule of Specific
Commitments to understand market access obligations and national treatment.
Most sub-sectors do not
restrict market access and national treatment for foreign suppliers providing
cross-border services in Vietnam (legal, accounting, auditing, tax,
architecture, advertising, management consulting, …). Although the market
access is not restricted, it does not mean that the foreign suppliers freely
provide services in Vietnam without satisfaction of conditions or without the
consent of the competent state authorities. To consider this mater and have a
correct understanding, the national treatment principal should be reviewed, it
requires that each member shall accord to services and service suppliers of any
other member the treatment no less favourable than that it accords to its own
like services and service suppliers. Having said that, in the event that a
member maintains business conditions for the domestic services and service
suppliers, these conditions may also apply to the foreign services and service
suppliers.
Such as accounting
service business, foreign service suppliers are not restricted in market access
and national treatment under the Schedule of Specific Commitments in Services.
It means that a foreign accounting firm can provide accounting services to a
Vietnamese enterprise. However, accounting service is a conditional business
applicable to domestic firms. According to the national treatment principle,
Vietnam has the right to impose similar conditions on foreign suppliers.
Reference to the provisions of Vietnamese laws, the foreign accounting firm
must fully meet the conditions of head office and personnel to be licensed its
business in Vietnam. Further, there are tax liabilities arisen which
obligations of registration and declaration depend on particulars of
transactions. It is suggested that international
trade lawyers are consulted to avoid potential disputes or non-compliance of
cross-border supply of services.
We are a law firm in Vietnam
with international standard, local expertise and strong international network.
We focus on customers’ needs and provide clients with a high quality legal
advice and services. For advice or services request, please contact us via
email ant@antlawyers.vn, or call us +84 24 730 86 529
Thứ Ba, 22 tháng 12, 2020
Temporary residence card in Vietnam
If a foreigner have been sponsored work permit in Vietnam to
work or he/she decides to set up a company in Vietnam,
he/she could be granted temporary residence card to live in
Vietnam instead of applying and re-newing business or travel
visas every three months.
We detail here some procedures which help foreigners to prepare
for before applying for temporary residence card.
I. Subjects to be granted temporary residence
card
-Members of foreign representative agencies and their
accompanying relatives (father, mother, wife, husband, children under 18 years
old).
-Foreigners who work with the Institute of the Supreme People’s
Procuracy, the Supreme People’s Court, the ministries, ministerial-level
agencies, agencies attached to the Government and People’s Committees of
provinces and cities directly under the Central Government and the Central
offices of mass organizations, mass organizations.
-Foreigners who work in projects already approved by competent
state agencies licensed in Vietnam.
-Foreigners who work with businesses in Vietnam has the work
permit valued more than 01 year.
-Persons on the payroll of foreign representative offices and
branches of economic organization, culture and other professional organizations
of foreign non-governmental organizations based in Vietnam.
-Foreigners staying in Vietnam for other purposes.
II. Conditions for implementation
+ Time to stay in Vietnam more than 01 year;
+ Valid passport more than 01 year;
III. The composition, the number of records
1) The composition profile, including
-A written request of agencies, organizations and individuals
offering, guarantee and propose for temporary residence card;
-01 declaration of information of foreigners who apply for
temporary residence, with photos and sealed by the agency or organization: A
written request for temporary residence card (Form N7A); a declaration about
Foreigners applying for temporary resident card (Form N7B)
-02 3 x4 cm size photographs;
-01 copies of passport, valid visa, immigration cards (bring
original for comparison);
-01 copies or photo (bring the original for comparison) proof of
purpose to stay in Vietnam.
As the case may file appropriate documents: investment licenses,
permits the establishment of enterprises, work permit in Vietnam, certificate
of board members and permits the establishment of representative offices,
marriage/birth registration.
2) The number of records: 01 (one).
IV. Implementing agencies administrative
procedures:
Immigration management Department, Police provinces and cities
directly under the Central Government.
V. Implementation time: 05 to 07 days;
VI. Subjects performed: by
organizations and individuals;
We are a law firm in Vietnam with international standard, local expertise and
strong international network. We focus on customers’ needs and provide clients
with a high quality legal advice and services. For advice or services request,
please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.
Thứ Hai, 21 tháng 12, 2020
Vietnam Marriage and Family Act 2014
Marriage and
family dispute lawyers in Vietnam
The Vietnam Family and
Marriage Act 2014 has officially been passed and will take effect from Jan 1st,
2015. The Vietnam law on Marriage and
Family in 2014 has the following notable update:
Same-sex
marriage is not banned but not yet officially recognized
The Law on Marriage and
Family in 2014 abolishes the regulations that “prohibit marriage between people
of the same sex,” but specifically “does not recognize marriages between people
of the same sex as stipulated in clause 2 Article 8 “. Accordingly, people of the same sex can get
married but their marriage will not be protected by law when disputes
occur. This is however considered a
development in the law taking consideration of the situation in Vietnam.
Raising
the age of marriage
The new law defined
marriage age for women from the age of 18 or more for women and men from all 20
years or older. The reason for this change is because if the minimum age of
marriage for women is just about to turn 18, the rules are not consistent with
the Vietnam Civil Code and the Civil Procedure Code. According to the Vietnam Civil Code, person
under 18 years old is a minor, as such requires the legal representative
agreement in civil transactions.
According to the Vietnam Civil Procedure Code, people of at least 18
years old will have full capacity for civil conduct proceedings.
Surrogacy
arrangement is accepted
The Vietnam Marriage
and Family Law 2014 officially allows surrogacy for humanitarian purposes. The
surrogacy is applied only when the adequate conditions for both surrogate
mothers and intended parents are met. In particular, the law only allows
relatives from husband or wife to be surrogate mother. This will also be considered as a development
in the Vietnam Marriage and Family Law 2014.
Assets
division during marriage
Law in developed
countries recognize the prenuptial agreement which is signed between people
before getting married. Vietnam law does
not consider marriage as a contract. In
the meantime, the current regulations of Vietnam Marriage and Family law are
unclear on ownership of common and private assets and properties. It mainly refers to land issues while other
assets such as securities and share ownership in the enterprise are not
mentioned, making it difficult to resolve the disputes arisen. The Law on Marriage and Family 2014
specifically regulates the agreement between people before getting married on
the assets and properties. Such agreement must be in writing, notarized or
authenticated before marriage. This agreement could be changed during the
marriage.
We at ANT Lawyers, a law firm in Vietnam provide advice
and services on marriage and family laws.
We could be reached at office +84 28 730 86 529 or email
ant@antlawyers.vn.
Debt Recovery Service in Vietnam
Debt recovery is
always a big problem for businesses and individuals. In order to promote the
production process, the process of debt recovery is always one of the concerns
with the business leaders.
One of the the appropriate method is the intervention of law.
ANT Lawyers Co., Ltd is a leading legal consultancy in Vietnam, with a team of
experienced lawyers and legal experts that have participated and solved many
debt recovery cases for businesses and individuals.
We will:
-Study the case to find the legal basis and debt data that
should be handled;
-Assess the payment capability of the debtor to creditor;
-Represent the client to exposure debtor to negotiate, persuade
and require debt repayment;
-Advice and instruct customer the most beneficial solutions in
accordance with the law;
-Implement civil proceedings, economic proceedings or criminal
proceedings against law enforcement agencies, depending on the type of entity
and the nature of the transactions arising overdue debts;
In case of debt recovery through litigation,
we will help customer:
-Draft petition and other papers relating to the recovery of
debt;
-Represent client (individuals and organizations) to submit the
petition to the Court and the competent authorities to recover the debt as
stipulated by law;
-Appoint attorney to participate in protecting the legitimate rights
and interests of clients (individuals and organizations) at the Court at all
levels;
-Represent client (individuals and organizations) to participate
in judgment enforcement
Thứ Hai, 14 tháng 12, 2020
How to Recognize Father or Mother for a Child
It is a legal requirement in Vietnam to register the recognition of father, mother of a child regardless the child’s parents are married or not. Such recognition shall be made on the newly issued birth certificate of the child.
Recognize
Father for Child in Vietnam
The recognition of the
father, mother protects the legal rights of all involved parties. For the
family involving foreign elements i.e foreigners, expatriates living in
Vietnam, the procedure for recognition of father, mothers of a child have to
follow the laws of Vietnam, through various steps at Vietnam Authority
including People’s Committee, Provincial Department of Justice and at Consular
of foreign country where the mother or father of the child comes from.
The dossiers of
application for recognition of fathers, mothers or children shall include the
following papers:
-The application for
recognition of father, mother of the child;
-The copies of the ID
(for Vietnamese citizens staying in the country), or passports or substitute
papers (for foreigners and Vietnamese citizens in foreign countries);
-The copies of the
birth certificates of the persons to be recognized as child;
-Papers, documents or
evidences (if any) to prove that there is a blood relationship between the
father or mother and the child;
-The copy of the
household registration book or collective resident certificate (for Vietnamese
citizens permanently residing in the country);
-The permanent
residence card (for foreigners permanently residing in Vietnam) of the persons
to be recognized as father or mother.
Documents issued in
foreign language shall need to be translated into Vietnamese, notarized or
legalized to conform with legal document requirements of Vietnam authorities.
The time for processing
dossiers at various authorities depend on the submitted documents and the time
taken by the authorities to validate the case and could range between two weeks
to two months.
The Vietnam authorities
will need to study and examine dossiers of application for recognition of father,
mother of the child. In cases where there is any doubts, complaints or
denunciation about the recognition of father, mother of the child, or whether
it is deemed that the personal identification of the involved parties or papers
in the dossiers of application need to be clarified, the Provincial Department
of Justice shall carry out the verification, including interviews with the
involved parties or request for the additional proof.
Once the application is
processed, verified and confirmed, the revised birth certificate of the child
will be issued to reflect the changes which will show the name of the father or
mother added.
We are a law firm in Vietnam with
international standard, local expertise and strong international network. We
focus on customers’ needs and provide clients with a high quality legal advice
and services. For advice or services request, please contact us via email
ant@antlawyers.vn, or call us +84 24 730 86 529.
Chủ Nhật, 13 tháng 12, 2020
Trade cooperation between Vietnam and Germany and potential future
After 45 years of establishing diplomatic
relations between Vietnam and Germany (from 1975 to 2020), Germany and Vietnam
have had cooperation programs in many fields such as culture, economics,
education, and health. Especially, after the Vietnam-EU Free Trade Agreement
(EVFTA) came into effect, the commercial cooperation relationship between the
two countries has developed.
EVFTA is an opportunity for Vietnamese
businesses to expand their markets to European countries, including Germany. On
the contrary, this is also an opportunity for German businesses to invest in
Vietnam to set up company thanks to policies to attract and
preferential investment commitments.
Germany is the world’s leading
technologically developed country and an integral part of the global supply
chain. Germany also has many strict requirements on the quality of goods and
the environmental friendliness of products, which requires Vietnam to improve
production quality and use environmentally friendly products/materials. With
the signing of the EVFTA, Vietnam and Germany will have more favorable
conditions for technology exchange and investment, which will help trade
cooperation between the two countries more developed.
Before 2014, Vietnamese goods exported to
Germany were the least polluted category, including agricultural products, wood
products, processed foods, beverages, garments, footwear and glassware. Since
2014, the export of machinery and equipment to Germany began to increase and
became the item with the highest export turnover. After EVFTA, Vietnam will
increase exports of footwear, textiles and agricultural products such as
coffee, tea, pepper and rubber and will import many products related to
processing, pharmaceuticals, chemicals.
In addition, in order to improve product
quality to meet import criteria into Germany and Europe, Vietnam also attracts
foreign investment to develop sustainably economic sectors such as
pharmaceuticals and chemicals, in order to create quality products that are
qualified for domestic use and import to many countries around the world.
Currently, the number of investment projects
of German investors implementing in Vietnam is not high compared to other
countries such as Japan, Korea, Singapore, etc. This requires Vietnam to
re-examine its strengths and weaknesses in order to meet the investment needs
of German investors. The implementation of EVFTA, Investment Law 2020,
Enterprise Law 2020 is an opportunity for international investors, including
German investors to easily access Vietnam market when expanding their
investment.
With many cooperation efforts between Vietnam
and Germany in recent years, Vietnam hopes that in the coming years, Vietnam
will be the leading destination in investment for German investors and help
improve furthermore good relationship between the two countries in the future.
We are a law firm in Vietnam with international standard, local expertise and strong
international network. We focus on customers’ needs and provide clients with a
high quality legal advice and services. For advice or services request, please
contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.
Thứ Năm, 10 tháng 12, 2020
What are Prohibited Act in Customs in Vietnam?
According to Article
10, Customs Law in Vietnam, prohibited acts in customs in Vietnam are:
1.
For customs officials:
-Causing troubles and
difficulties when following customs formalities;
-Screening or colluding with others in smuggling or illegally transporting goods across the border, committing trade or tax fraud;
Customs dispute
lawyers in Vietnam
-Taking bribes,
appropriating or embezzling temporarily seized goods or other acts for
self-seeking purposes;
-Other violations
against the law on customs.
2.
For customs declarants, entities with rights and obligations related to import,
export and transit of goods, or exit, entry and transit of vehicles:
-Committing fraudulent
acts in carrying out customs formalities;
-Smuggling or illegally
transporting goods across the border;
-Committing trade or
tax fraud;
-Giving bribes or other
acts for self-seeking purposes;
-Obstructing customs
officials in performing their official duty;
-Hacking, falsifying or
destroying the customs communication system;
-Other violations
against the law on customs.
-Our customs lawyers
always follow development of customs
law in Vietnam to provide the client with update.
We are a law firm in Vietnam with
international standard, local expertise and strong international network. We
focus on customers’ needs and provide clients with a high quality legal advice
and services. For advice or services request, please contact us via email
ant@antlawyers.vn, or call us +84 24 730 86 529.
Procedure to change birth certificate in Vietnam
How to Change Name on Birth Certificate in
Vietnam?
Changing family name, middle name, first name are considered
changing civil status. Due to different reasons that an individual
needs to change his/her name or his/her children’s name on the birth
certificate. Such changes are civil status changes governed under the Law on
Civil status.
Change birth certificate in Vietnam
However, not every case of civil status change registration is
accepted by the competent authority.
Under the provisions Law on Civil status, individual can change
of family name, middle name and first name of individuals in birth registration
contents when there are grounds as prescribed by the civil law.
The “legitimate reasons” to change the family
name is specified in the Civil Code on the right to change name include:
a) Changing the family name of a natural child from biological
father’s to biological mother’s or vice versa;
b) Changing the family name of an adopted child from biological
father’s or mother’s to adoptive father’s or mother’s at the request of the
adoptive parents;
c) If a person ceases to be an adopted child and such person or
his/her biological father or mother request to reclaim the family name which is
given by the biological father or mother;
d) Changing the family name of a person whose biological parents
have been identified upon the request on that father or mother or such person;
e) Changing the family name of a lost person who has discovered
the origin of his/her bloodline;
f) Changing the family name of a person to his/her spouse’s in
the marriage and family relations involving foreign elements in accordance with
law of the country in which the foreign spouse is a citizen or retrieves
his/her family name before the change;
g) Changing the family names of children upon the change of
family names of their father’s or mother’s;
h) Other cases prescribed in by law on civil status affairs.
An individual has the right to request a
competent authority to recognize the change of a given name in any of the
following cases:
a) Where it is so requested by the person who has a given name
which causes confusion or has an adverse effect on his/her feelings or on
his/her honor, legitimate rights and interests;
b) Where the adoptive father or mother of the person wishes to
change the given name of their adopted child; of if a person ceases to be an
adopted child and such person or his/her biological father or mother request to
reclaim the given name which is given by the biological father or mother;
c) Changing the given name of a person whose biological parents
have been identified upon the request on that father or mother or such person;
d) Changing the given name of a lost person who has discovered
the origin of his/her bloodline;
e) Change the given name of a person to his/her spouse’s in the
marriage and family relations involving foreign elements in accordance with law
of the country in which the foreign spouse is a citizen retrieves his/her
family name before the change;
f) Changing of given name of a person whose gender identity is
re-determined or a transgender person;
g) Other cases prescribed in by law on civil status affairs.
The changing of names for the person from nine years old must
have the consent of that person. The changing of names of individuals does not
affect and terminate the rights and civil obligations established under their
old name.
Thus, if the use of one’s first name, last name and middle name
cause confusion, affecting the family love, honor, rights and lawful interests,
causing difficulties in the transaction, he/she may conduct the name changing.
Procedures to change name will be performed at the District
People’s Committee where the person has registered the birth.
Dossier includes:
–Declaration (in the prescribed form);
–Presenting the original birth certificate of the person who
need for change names and civil status;
–The relevant documents as a basis for the change or correction
of civic status.
ANT Lawyers- Law
firm in Vietnam has experience in civil and family matters to
advice clients whom are interested for such legal service in Vietnam. We assist our clients in the
process of reviewing agreements, procedures and concerned matters in civil
and family.