How Debt Recovery Lawyers in Vietnam Could Assist to Collect Debt

 Do you know debt recovery service is banned in Vietnam?

The collection of bad debt and late payment after sales or services are difficult and sensitive tasks in Vietnam. How debt recovery lawyers in Vietnam follow the law and help client?

Before 2021, there are companies that can register and provide the debt recovery service in Vietnam. From Jan 1st, 2021, the law bans the debt recovery service in Vietnam. How to resolve this puzzle for the client? Can lawyers in Vietnam help?

The reason the debt recover service in Vietnam is banned is because of the negative social reactions created in the past by company that provide debt recovery service. There are incidents the debt recovery service providers utilize methods to put pressure on debtors through threats to physically harm or defame the debtors on social media.

How debt recovery lawyers in Vietnam help?

Therefore, when there are disputes on payment or debt, the client could engage law firms in Vietnam whom is aware of law and the process to follow the laws. The debt recovery lawyers in Vietnam who take the case should be well informed about the legal nature of the debt profile and they must have skills on debt recovery.

Depending on the nature of each case and each specific dossier, the law firm in Vietnam can be able to make suitable plans to deal accordingly with the debtor.

Solutions proposed by debt recovery lawyers in Vietnam

There will be a number of methods and different solutions in the work of debt recovery by lawyers in Vietnam. However, the recovery of debt will apply the following two basic methods:

Mediation and agreement methods are ways that lawyers and legal professionals will come directly to negotiate and persuade debtor to make their debt payment schedule based on understanding of law and various drivers.

Resolve through court proceeding, or arbitration. This method will be applied in the case that debtors are unwilling to cooperate, trying to evade responsibility, or the payment plan is delayed.

Time limit for settling the debt collection is influenced by different factors but the two most important factors are the legality of the documents and the payment capability of debtors.

There are debtors, after being explained the consequences and losses of non-payment, late payment by lawyers and legal experts, they were aware of and make plans to pay debts.

But there are debtors that the client requires the support and intervention of the state authorities. In such case, the duration of the case will be prolonged.

Nguồn: https://antlawyers.vn/library/hire-lawyers-to-collect-debt.html

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What Conditions to File Divorce Petition?

 Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Divorce lawyers in Vietnam will help advise if there are legal grounds to file for divorce in Vietnam or not.

What is the condition of divorce?

Firstly, we need to know about subjects being entitled to request divorce settlement.

That is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

The divorce is divided into two cases, those are divorce by mutual consent and divorce at one party’s request.

Conditions of divorce by mutual consent:

If both wife and husband request a divorce and both parties are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children, the court shall settle the divorce a court shall recognize the divorce by mutual consent; if the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

Divorce at one party’ s request:

If a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if there are grounds to believe that a spouse commits domestic violence or seriously infringes of the rights and obligations of the husband or wife seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce. For a parent or other relatives’ request for a divorce mentioned above, a court shall permit the divorce if there are grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Domestic violence acts is one of the important factors mentioned in unilateral divorce. Domestic violence acts and “serious condition, common life no longer impossible and the marriage purposes unachievable” are defined in Vietnam laws.

For divorce involving foreigner or oversea Vietnamese, an important condition is permanent residence.

First of all, marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad.

Two foreigners shall be settled a divorce in Vietnamese court if both of them reside permanently in Vietnam. However this is very rare.

In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law could be applied. It is suggested to consult with divorce lawyers in Vietnam in the court proceeding to best protect the rights and interest especially involving property division and child custody.

How divorce lawyers in Vietnam could help?

In conclusion, divorce lawyers in Vietnam could help advise on the conditions to meet when filing for divorce in Vietnam. There are situations under Vietnam laws that it is not possible to file for divorce in Vietnam. For instance, two foreigners living in Vietnam might not be able to file for divorce in Vietnam because they do not permanently reside in Vietnam. There are situations that the wife is is pregnant, gives birth or is nursing an under-12-month child. Sometimes, it is not possible to locate the husband or wife because they go missing or disconnect or hide, hence it could be troublesome for the court to serve the divorce petition request. In such cases, the divorce lawyers in Vietnam could help advise and suggest solutions.

Nguồn: https://antlawyers.vn/library/what-conditions-to-file-divorce-petition.html

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2023 Tax Filing Deadlines Shared by Tax Lawyers in Vietnam

 You should not miss tax submissions deadlines

According to the provisions of Vietnam tax law, on monthly or quarterly companies will need to submit various types of tax reports and tax returns: License fees; Value added tax declaration; Personal income tax return; Corporate income tax finalization declaration. In here, the tax lawyers in Vietnam will forewarns companies on some deadlines not to miss.

Knowing the deadlines for submitting tax reports and paying taxes on time not only helps companies proactively capture information and arrange for tax payment in accordance with state regulations, but also avoids many risks. Risk of penalties for violations in the field of tax laws occur if the declaration is filed late, or not filed. Company also could hire professional specializing in tax matters or tax lawyers for advice in the area of tax compliance in Vietnam to improve the efficiency and optimize business strategies.

What is deadline for filing Vietnam annual license fee?

Annual license fee is the amount the enterprise must pay annually based on the amount of charter capital stated on the certificate of business registration, and to be paid annually since the starting of the business. The company(except business households and business individuals) which has been newly established (including small and medium-sized enterprises converting from household businesses) or has established more dependent units, business locations has to file the license fee declaration dossiers no later than January 30th of the following the year of establishment or starting of business activities, production and business activities. In case the enterprise has a change in charter capital during the year, the enterprise shall submit the license fee declaration dossier no later than January 30th of the year following the year in which the changed information arises.

What is deadline for filing value added tax (VAT) in Vietnam?

This is an indirect tax, calculated based on the added value of goods and services that consumers have to pay when buying goods or services. The person who directly fulfills the tax payment obligation to the tax authority will be an enterprise or a production unit. The deadline for submitting VAT declaration dossiers is the 20th day of the month following the month in which the tax liability arises, for enterprises that declare and pay monthly; and the last day of the first month of the quarter following the quarter in which tax obligations arise for enterprises that declare and pay quarterly.

What is deadline for filing corporate income tax (CIT) in Vietnam?

Corporate income tax is a tax calculated based on the profit of an enterprise, which is a percentage of the positive result of revenue after deducting reasonable expenses i.e. cost of goods or services, rent, salary, travel,… as prescribed by the Law on Corporate Income Tax. For corporate income tax, enterprises will temporarily pay quarterly, and the deadline for tax payment is the 30th day of the first month of the next quarter.

What is deadline for filing personal income tax (PIT) in Vietnam?

Personal income tax is a tax paid by a company on behalf of employees working at the company. Personal income tax is calculated on a monthly basis, and be declared monthly or quarterly and settled annually. If the enterprise declares and pays personal income tax on a monthly basis (in case the enterprise declares value added tax on a monthly basis and the payable personal income tax amount in the month of VND 50 million or more), the deadline of filing PIT is no later than the 20th day of the following month. If the enterprises declare and pay personal income tax quarterly (in case the enterprise declares value added tax quarterly or the enterprise declares value added tax on a monthly basis and the amount of personal income tax must be paid is less than 50 million dong in a month), the deadline for filing PIT is no later than the 30th day of the next quarter.

Tax lawyers in Vietnam will help advise on tax regulations

It is important to file tax reports of all kinds on time but it is also equally important to manage the tax filing, and paying properly in a way that maximize the benefits of the company according to tax law taking advantage of deduction allowable by laws. Hence tax experts and tax lawyers could be consulted for advice on the regulations and tax laws in Vietnam.

ANT Lawyers, a law firm in Vietnam will always follow up with authorities for legal update on matters relevant to international trade and tax to update clients on regular basis.

Nguồn: https://antlawyers.vn/library/tax-filing-deadlines-you-need-to-know-in-vietnam.html

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Criminal Record Service in Vietnam

 Criminal record cards or Police check provides criminal or judicial information about a person in Vietnam. The Vietnam law on criminal record governs the process to obtain the criminal records cards. Individual could apply for criminal record him/herself or seek help from criminal record service in Vietnam.

How to apply for criminal record in Vietnam?

Accordingly, to obtain the Criminal Record cards in Vietnam, the applicant must apply at the provincial/ municipal Justice Department in Vietnam.

For foreigners residing in Vietnam, he/she has to submit the request to the Department of Justice where he/she resides and receives the results at Justice Department.

Documents required are:

i) the written application form;

ii) certified photocopies of passports;

iii) a copy of the permanent or Temporary resident card in Vietnam;

iv) authorization letter in case of authorized application for Criminal Record card (if the authorized persons are not the parents, spouse or children). The written authorization must be certified or authenticated in accordance with the law;

v) application letter for granting Criminal Record.

During the process of applying for the Criminal Record, the applicant might has to work with the Public Securities agencies; the Court: in case there are not sufficient evidence at the police agencies to conclude that the applicant has no criminal records or the content of the applicant’s criminal records is not clear; People’s Committees of communes, wards and townships; agencies, organizations and agencies related proceedings: in case of coordination to verify the conditions of having his/her conviction automatically written off.

How to request criminal record service in Vietnam when you are not in Vietnam?

In practice, there are cases when the foreigner already left Vietnam and now he/she is in need of criminal record for the time he/she resided in Vietnam. You could authorise a law firm in Vietnam to assist. We have successfully assist clients in various cases and that we would provide criminal record service in Vietnam for the client.

Our lawyers in Vietnam constantly follow up with changes of law to provide the client with update for better decision making process.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance.

ANT lawyers have attorneys in Hanoi,attorneys in Ho Chi Minh and attorneys in Danang.

Nguồn: https://antlawyers.vn/library/criminal-record-in-vietnam.html

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What Criminal Violations in Stock Exchange in Vietnam?

Along with the increasingly diversified securities activities, the criminal violations in the stock market are also becoming more and more sophisticated and complex. The securities lawyer in Vietnam is sharing some opinions on the practice of criminal violations in stock exchange in Vietnam to avoid.

Although in Vietnam, violations and crimes committed in the securities sector still account for a small percentage compared to other fields, but these white collar crimes have directly negatively affected trading activities in the market, in particular eroding investors’ confidence, and causing the stock market distortion.

The criminal violations in the stock market could hinder the efficient functioning of the stock market which is a component of a free-market economy, where enterprises raise funds and investors invest and trade. Vietnam is a developing economy and it is getting more serious on prosecuting this crime due to the large scale negative impacts to the financial market.

There are four violations in the securities sector that are defined as crimes, which are: Provision of false information or concealment of information in securities activities; Use of internal information for trading securities; Manipulation of securities market and Forging documents in offering or listing profile as follows:

Provide false information

The law in Vietnam charges person who deliberately provides false information or conceals information in the activities of offering, listing, trading securities, market organization, registration, depositing, clearing or paying for securities. The fine for such activities will be from VND 100,000,000 to VND 2,000,000,000 or up to 02 years’ community sentence or 03 months – 5 years’ imprisonment. Punishments incurred by a corporate legal entity that commits the offenses shall be fined from VND 500,000,000 to VND 5,000,000,000; be banned from operating in certain fields or raising capital for 01 – 03 years.

How insider trading in Vietnam is treated?

Insider trading is also considered a crime in Vietnam but its seriousness has not been emphasized strongly enough as compared with other countries with developed financial market.

Over the 20 years since the stock market in Vietnam has been established, insider traders have not been found or charged yet although the law states that any person who has information about a public company or public fund which has not been published and could remarkably affect securities price of that public company or public fund but and uses such information to deal in securities or discloses it or provides it for another person for trading securities shall be liable to a fine from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 07 months – 03 years’ imprisonment. Punishments incurred by a corporate legal entity that commits the offenses shall be fined from VND 1,000,000,000 to VND 10,000,000,000.

For some reasons, in Vietnam, it has been disputed that there are challenges to prove the crime in the stock market that make the practice of investigating and charging insider trading crime difficult.

Manipulation of stock market in Vietnam

Manipulation of stock market could be in the forms of fraudsters using one or more security accounts linked to each others, to set buy or sell orders in significant volume that create unusual and fake supply and demand, to lure other small investors in great quantity to make buy and sell decisions and the fraudster later benefit by exiting their shares at high price.

Or the fraudster could use pump and dump scheme to manipulate the stock market by spreading misleading information that create a buying frenzy of the stocks to “pump” prices and later “dump” their shares at inflated price.

The the fine for the individual committing the crime is ranging from VND 500,000,000 to VND 4,000,000,000 or a penalty of 06 months – 07 years’ imprisonment; the penalty for the legal entity committing the crime is a fine ranging from VND 2,000,000,000 to VND 10,000,000,000; can be permanently shut down or be banned from operating in certain fields or raising capital for 01 – 03 years depending on the severity of the violation. Recently these criminal activities have been most popular in Vietnam and a number or cases have been prosecuted.

Forging documents

Forging documents in offering or listing profile criminal is a stock market crime in Vietnam. The law states that any person who forges documents of the offering or listing profile shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 06 months – 07 years’ imprisonment. In addition, the offender might also be liable to a fine of from VND 50,000,000 to VND 250,000,000, be prohibited from holding certain positions because of such criminal record in Vietnam or doing certain works in related fields for 01 – 05 years.

Securities lawyer in Vietnam to distinguish signs of criminal behaviour or administrative violations

There are also disputes among law makers, legal experts and lawyers in Vietnam on whether there are criminal violations or not; or wherether there are administrative violations, or economic or civil violations for acts that could have signs of criminal behaviours. These kinds of arguments are important to help the society to find balance and defend justice in the development of economy and stabilization of the financial market in Vietnam.

Nguồn: https://antlawyers.vn/library/what-criminal-violations-in-stock-exchange-in-vietnam.html

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When Should the Employer Send Notice of Termination of Labour Contract to Employee Before Contract Expiration?

 To ensure the compliance with law, it is suggested to seek advice from employment lawyers in Vietnam. The following is the initial guidance for consideration and reference.

When employer can terminate labour contract?

Expiration is one of the circumstances which permit termination of labor contract under the Labor Code. Accordingly, the employer must inform in writing to the employee of the terminating date of labor contract at least 15 days prior to the expiration.

Termination of labor relationship in each circumstance must follow different conditions and procedures to ensure the interests and obligations of both employee and employer and avoid potential labor disputes.

Previously, an administrative penalty was applied to violations of the labor contract termination notice mentioned above.

If the employer fails to inform the employee, the employer will be subject to a warning or a fine with amount from VND 500,000 to VND 1,000,000. However, the Decree 28/2020/ND-CP issued on March 1st, 2020 by the Government has repealed sanction for this behavior.

If the employee continues to work upon expiration of labor contract, both parties will be required to sign a new labor contract within the next 30 days, otherwise the signed contract will become an indefinite-term. Failure of the employer to inform the labor contract termination to the employee does not mean that the labor relationship is automatically extended after the expiration. If both parties fail to sign a new labor contract within the next 30 days, but the employee still do normal assigned job and is paid a full monthly salary, an indefinite-term labor contract is deemed as entered into by them. Any disputes arising out then will be settled based on provisions of indefinite term labor contract and laws.

The Labor Code 2019 repealed the employer’s informing responsibility upon expiration of labor contract except in a few circumstances such as the employee being sentenced to imprisonment, disciplined, expelled,… the employer is required to inform the employee in writing the termination of the labor contract.

How employment lawyers in Vietnam could help?

Employees as well as the labor collective and employers should pay attention to selecting the most appropriate and optimal resolution solution when labor disputes occur. It is also suggested to consult with employment lawyers in Vietnam of law firm specializing in employment matters for efficiency.

Nguồn: https://antlawyers.vn/library/when-should-the-employer-send-notice-of-termination-of-labour-contract-to-employee-before-contract-expiration.html

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What to Note When Signing Labour Contract with Foreign Workers?

Why labour contract is needed?

With the global geographical tension, and uneven recovery from pandemic, there are weaker demands on employment. Sometime, there are negligence between parties to engage in tasks that have the nature of employment without proper agreement and labour compliance. Labour lawyers in Vietnam share the following opinions for reference.

With the policy of opening the economy in Vietnam, not only Vietnam attracts investors to set up company in Vietnam, but also the demand for foreign workers in enterprises grows and diversifies. However, in order for Vietnam companies to be able to use foreign workers legally, they must sign a labor contract.

After meeting the conditions specified in the Labor Code on the requirements for recruitment and working in Vietnam, the foreign worker working in Vietnam shall sign a labor contract before the expected date intend to work for the employer. In this contract, the employer and the foreign worker will agree on all issues arising in the process of working as well as using labor together.

What to include in labour contract?

Firstly, on the working position in the labor contract, it must show the correct position and position for which the employer has determined the needs with the competent authority and in accordance with the working position shown in the document and the work permits which have been granted to foreign workers.

Regarding the working time, it will normally be agreed upon by the two parties but must not exceeding the number of working days (hours) as prescribed by Vietnamese law. The number of overtime hours must be based on voluntary work and must ensure rest time, rest during working time and weekends for foreign workers.

According to the provisions of the Labor Code, in addition to Vietnamese public holidays and New Year’s holidays, foreign workers are allowed to take one more day off for the national traditional New Year and one national day of the country. This is a humane regulation, respecting the national culture of Vietnam. Therefore, the employer needs to learn about the National Day and the traditional Tet holiday of foreign workers so that the employees can take leave in accordance with the provisions of the law.

Regarding the term of the labor contract, the term of the labor contract for foreigners is also governed by the duration of the work permit issued by the competent Vietnamese authority. Accordingly, the term of the labor contract for foreign workers working in Vietnam must not exceed the term of the work permit. Therefore, the employer should pay attention to conclude the contract term in accordance with regulations.

In addition, employers and foreign workers should be aware of the terms of disputes which could potentially arise. Because, contract terms are an important legal basis to resolve when a labor dispute arises, agreeing in advance on how to resolve a dispute when a dispute arises will create a clear legal foundation for easy settlement by both parties. Dispute lawyers are suggested to be consulted at an early stage to avoid dispute escalation.

How labour lawyers in Vietnam could help?

At most, it is important that the employers and foreign workers need to pay attention and strictly comply with the provisions of the law so that the process of entering into and performing the contract is conducted smoothly and in compliance with the law in Vietnam. Labour lawyers in Vietnam would help advise, review labour contract to ensure it complies with the labour codes and protect the rights of parties involved.

ANT Lawyers, a labour law firms in Vietnam, always follow up the labour matters to update clients on regular basis. We also advise client on doing business in Vietnam in general.

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Public Hearing of Investigating and Applying Anti-Dumping Measures on Polyester Filament Yarn (AD10 case)

 On April 6 2020, Minister of Ministry of Trade and Industry signed the Decision 1079/QD-BCT in the case of investigating and applying anti-dumping measures on Polyester Filament Yarn originating in the People’s Republic of China, the Republic of India, the Republic of Indonesia and Malaysia (AD10 case).

Pursuant to Article 70, Law on Foreign Trade Management 2017 and Article 13, Decree no. 10/2018/ND-CP stipulated the details of some articles of the Law on Foreign Trade Management on trade defense measures, the Investigation Authority is going to hold a public hearing for AD10 case.

Specifically, the hearing will take place online via Meeting room no. 904 – 23 Ngo Quyen, Hoan Kiem, Hanoi at 9am – 12pm, August 30th, 2021, by Hanoi time. The spoken and written language used in the public hearing is Vietnamese. The related parties have the right to use other languages, however, translation from that language into Vietnamese is required. Information and documents other than Vietnamese provided by the related parties must be translated into Vietnamese. The related parties must ensure the truthfulness, accuracy and responsibility before the law for the translated content.

Deadline for submitting registration and consultation content will be before 5pm, August 23rd, 2021 by Hanoi time.

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 their development to update clients on regular basis.

Nguồn: https://antlawyers.vn/library/public-hearing-of-investigating-and-applying-anti-dumping-measures-on-polyester-filament-yarn-ad10-case.html

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What Are Possible Anti-dumping Measures on Office Desk Products and Office Table Parts, Chairs and Chair Parts?

 Anti-dumping measure imposed on imports of Vietnam is a measure imposed on products that are dumped when being imported to Vietnam, which causes material injury or threaten to cause material injury to domestic industry or retard the establishment of the domestic industry.

According to regulations of the law, a product that is determined as dumped if price of this product imported to Vietnam is less than the comparable price of its like products sold in the exporting country or third country under the common commercial conditions or the price that is self-calculated by the investigating authority. Anti-dumping measures include: Imposition of anti-dumping duty; Undertakings to implement measures for removing the dumping carried out by organizations and individuals producing and exporting products subject to the anti-dumping measures with the investigating authority of Vietnam or domestic producers in case of the approval of the investigating authority.

In recent years, Vietnam has regularly used trade remedies to protect the domestic commodity market. In 2020, the State handled 5 new anti-dumping investigations against a lot of imported goods such as long yarn made of polyester (also known as filament yarn, PFY yarn) originating from China and India, Indonesia and Malaysia; Liquid sugar extracted from corn starch (also known as HFCS) originating from China and Korea; H-shaped steel from Malaysia; Cane sugar comes from Thailand and Sorbitol sugar comes from China, Indonesia and India.

On June 3, 2021, the Trade Remedies Administration (Investigating Authority) received the dossier of the company representing the domestic manufacturing industry (the Requesting Party), requesting investigation to apply anti-dumping measures on a few of office desk products and office table parts, chairs and chair parts originating from the People’s Republic of China and Malaysia. By June 18, 2021, the Investigation Authority confirmed that the dossier was complete and valid in accordance with the law on trade remedies.

According to regulations, within 45 days from the date of confirmation of complete and valid dossier, the Investigation Authority will appraise the dossier and submit it to the Minister of Industry and Trade for consideration to conduct investigation or not to conduct investigation.

Contents of dossier appraisal include:

(i) Determining the legal representative status of the domestic manufacturing industry of the organization or individual submitting the dossier in accordance with the Law on Foreign Trade Management;

(ii) Identify evidence that dumping of imported goods injury or threat of material injury to the domestic industry or material retardation of establishment of the domestic industry.

In order to serve the appraisal work, as well as ensure the legitimate rights and interests of enterprises, the Investigating Authority requests domestic enterprises producing/trading in similar goods mentioned above to provide detailed information about the enterprise, specifically: Information about the enterprise; Design capacity and quantity of office desks and table parts, chairs and chair parts in 2018, 2019 and 2020; The company’s opinion on the case (agree, oppose, no opinion); Any other documents/evidence that the enterprises deem relevant to the case.

The deadline for domestic enterprises to provide the above information is July 16, 2021.

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 their development to update clients on regular basis.

Nguồn: https://antlawyers.vn/anti-dumping-lawyers-in-vietnam/what-are-possible-anti-dumping-measures-on-office-desk-products-and-office-table-parts-chairs-and-chair-parts.html

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Law Firm in Hanoi

 ANT Lawyers, the English speaking law firm in Hanoi is located in the business center that provides convenient access to our clients.

ANT Lawyers works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. The range of our experience enables us to advise on various matters from the precedent-setting to the purely procedural.

The common thread in everything we do 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 have the experience to deliver legal advice and service that works in a commercial context.

Our English speaking lawyers at Hanoi office offer client with particular services that guide clients throughout investment, commercial transaction, M&A, civil transaction, property sales and purchase, IP registration. In the meantime, our dispute lawyers in Hanoi with fluent English also support clients in dispute resolution procedures, including pre-litigation, litigation process at courts at all levels; or alternative dispute resolution including mediation, arbitration at arbitration centers.

Please contact us to book your time in advanced to let us provide our best service.

Nguồn: https://antlawyers.vn/about-us/our-offices/law-firms-in-hanoi

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Whats New in the Draft of the Decree on Amending the Decree 52 on E-Commerce?

 The Decree No.52/2013/ND-CP (Decree 52) on e-commerce will be effective from July 1st, 2013. However, this Decree does not have specific regulations on e-commerce activities for foreign investors conducting e-commerce activities in Vietnam. Therefore, the draft of the Decree amending Decree 52 shall fill the missing gap for foreign investors with particulars in conducting e-commerce activities in Vietnam.

The draft decree has supplemented regulations on management of e-commerce activities for foreign investors setting up business in Vietnam. Specifically, the draft decree (i) adds specific regulations on foreign traders and organizations conducting e-commerce activities in Vietnam; (ii) supplements market access conditions for foreign investors in accordance with the Law on Investment; and (iii) provides the exclusion of foreign investors investing in economic organizations that are innovative and creative enterprises in order to promote innovation activities in accordance with the law on support small and medium enterprises.

In particular, the draft decree also provides plans for e-commerce activities of foreign investors in Vietnam. According to the draft decree, foreign investors can set up an e-commerce website under the Vietnamese domain name or an e-commerce website with the display language in Vietnamese. The option of setting up an e-commerce exchange floor with a specified number of transactions from Vietnam in a year is also considered for selection.

In addition, foreign investors setting up e-commerce websites in Vietnam must notify and register e-commerce activities according to regulations. At the same time, they need to ensure the fulfillment of obligations on protection the interests of consumers. The quality of the goods need to be protected by their representative office, designation of a legal representative in Vietnam.

Foreign investors selling goods on Vietnamese e-commerce exchanges must comply with the operating regulations of e-commerce exchanges in Vietnam. When providing Vietnam e-commerce exchanges, foreign investors are responsible for verifying their identities. In addition, foreign investors conducting e-commerce activities are responsible for complying with the provisions of Vietnamese law on the right to export and import goods in accordance with the laws.

The draft decree also specifies that e-commerce service is a conditional market access industry for foreign investors. Market access conditions will also be considered accordingly. In addition, the control and domination of enterprises providing e-commerce services are also clearly regulated.

In the coming time, Vietnam will continue to receive comments to supplement and complete the draft of decree amending Decree 52 on e-commerce activities. It is important to create a clear and appropriate e-commerce operating environment to attract foreign investors with experience and capability to invest, set up company and operate in Vietnam in the area of e-commerce to facilitate goods transaction, protect intellectual property, reduce cost. However, it is also equally important to ensure the management of investment activities of foreign investors in the field of e-commerce in Vietnam.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn: https://antlawyers.vn/library/whats-new-in-the-draft-of-the-decree-on-amending-the-decree-52-on-e-commerce.html

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