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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Guide to Register a Trademark in Vietnam

 Step-by-Step Guide to Register a Trademark in Vietnam

In this video we'll explore the crucial steps to register a trademark in Vietnam. We'll provide you how it protects your brand from unauthorized use and imitation, helps build brand loyalty, and enhances your business's overall value.

Registering a trademark in Vietnam is essential for safeguarding your brand from unauthorized use and imitation. It helps build brand loyalty, enhances corporate value, and supports effective marketing. The process is aligned with international standards, offering you a competitive edge in both local and international markets.

Conducting a Vietnam Trademark Search

The first essential step in registering a trademark in Vietnam is conducting a comprehensive trademark search. This search is crucial to identify any existing trademarks that may be similar or identical to yours, helping to avoid potential conflicts that could be costly and time-consuming. By ensuring your trademark is unique and registrable, you lay a solid foundation for its legal protection.

Step-by-Step Guide to Register a Trademark in Vietnam

Step 1: Preparing Your Trademark Application

1.Clear Representation of Your Trademark:

Begin with a clear and precise representation of your trademark, whether it’s a word, logo, phrase, or a combination. It must meet Vietnam's trademark regulations regarding distinctiveness and non-descriptiveness. A unique trademark helps prevent confusion and ensures legal protection.

2. Classification of Goods and Services:

Use the Nice Classification system to categorize the specific goods or services your trademark will cover. This classification is crucial for defining the legal scope of your trademark’s protection.

3.Applicant Information:

Provide complete details of the individual or company applying, including full name, address, and nationality. For companies, include the registered address and legal representative's details.

Step 2: Filing the Trademark Application in Vietnam

1.Filing the Application:

Submit your completed application, along with the required fees, to the National Office of Intellectual Property. Ensure all information is accurate to avoid delays or rejections.

2.Formality Examination:

The NOIP will conduct a formality examination to ensure that all required sections of the application are complete and the fees are paid correctly. This step checks compliance with statutory requirements but does not assess the content.

3.Publication and Opposition Period:

After the examination, your application will be published in the NOIP’s gazette, starting a public scrutiny phase. During this period, third parties can oppose your trademark registration if they believe it infringes on their rights or violates local laws.

4.Substantive Examination:

The NOIP will then assess your trademark against legal criteria to ensure it is distinctive and does not conflict with existing trademarks. This examination is critical to determining the trademark’s eligibility for protection.

5.Granting the Certificate:

If your application passes all examinations and no oppositions are upheld, the NOIP will issue a registration certificate. This certificate is conclusive proof of your legal right to use the trademark in Vietnam, protecting it from unauthorized use.

Remember, when in doubt, consult with an IP attorney in Vietnam who specializes in Vietnamese trademark law to guide you through any complexities. This ensures that your efforts to register a trademark in Vietnam are smooth and legally sound, setting your brand up for long-term success.

 

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Marriage and Family Dispute Law Firm in Vietnam

Marriage and family matters are of importance to each individual. Decision on such will impact their life for a long period of time. Marriage and family dispute lawyers in Vietnam could help clients make right decisions and provide services required. At ANT Lawyers, a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City, we assist clients on:  

 

 Marriage and Family Dispute Law Firm in Vietnam

-Consulting the general provisions of the Law on Marriage and Family in Vietnam;

-Reviewing and drafting prenuptial agreement;

-Advising on marriage with foreigners; 

-Advising on divorce involving foreigners;

-Consulting on division of property, children in divorce;

-Consulting on lawsuit to protect interests;

-Lawyers representing and protecting the clients at competent authorities;

-Consulting on child adoption procedures.

ANT Lawyers - a Marriage and Family Dispute 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 service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 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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Regulations on Investment in Telecommunications Services in Vietnam

The field of telecommunications has appeared in Vietnam for more than 30 years and has helped the business environment and social life of Vietnam to develop. The process of liberalizing the telecommunications sector in Vietnam has led to the expansion of the telecommunications network and has become an attractive field for investors to set up company in telecom service, internet service, or join with Vietnamese partner on business cooperation contract in the same fields.

 

Telecommunication Lawyers in Vietnam

Currently, telecommunications services are not just telephones and telex, but variy with many types from simple to complex such as audio, video, data transmission services,… Besides the conveniences brought in life, telecommunications services have really become one of the important infrastructures of the economy. However, Vietnam government also impose certain requirements on foreign investors entering Vietnam in this sector.

Specifically, at present, foreign investors can only participate in investments in the form of joint ventures or business cooperation contracts with Vietnamese enterprises to provide telecommunications services. However, for the provision of services with network infrastructure, the partner in which the investor joins the joint venture must be a licensed telecommunications service provider in Vietnam. In addition, foreign investors are also limited on the percentage of charter capital in joint ventures. Accordingly, for services without network infrastructure, foreign investors own not more than 65% of charter capital and for services with network infrastructure, foreign investors do not own more than 49% legal capital of the joint venture.

On the other hand, foreign investors participating in business cooperation contracts will be able to sign a new agreement or switch to another form of presence with conditions no less favorable than those they are currently receiving. Furthermore, an organization or individual that already owns more than 20% of the charter capital or shares in a telecommunications enterprise may not own more than 20% of the charter capital or shares of another telecommunications enterprise doing business in the same company a market for telecommunications services.

Therefore, if the investor meets the above conditions, the investor will carry out the procedures for establishing an economic organization. Like other foreign-invested organizations, the establishment will go through two stages: investment registration and business establishment. For foreign investment projects in the business of telecommunications services, it is necessary to receive the investment approval of the Prime Minister. Accordingly, the investor submits the application for approval of the investment policy of the investment project to the investment registration agency and within 03 working days from the date of receipt of the complete dossier, the investment registration agency submit the application for appraisal opinions of the Ministry of Information and Communications. Within 15 days from the date of receipt of the dossier, the Ministry of Information and Communications shall give its appraisal opinions on the extent under its state management and send it to the Ministry of Planning and Investment. Within 40 days from the day on which the application is received, the investment registration agency shall organize the appraisal of the dossier and make an appraisal report and submit it to the Prime Minister for approval of the investment policy. After receiving the approval of the investment policy, the investor proceeds to establish the business as domestic entities.

The telecommunication services are subject to strong regulations hence the conditions for foreign investors to invest and set up company in telecommunication services or take part in providing telecommunication services are also relatively complicated. Therefore, investors are suggested to undertake research on telecommunication regulatory specific to their business with the help of telecommunication services lawyers in Vietnam to make the investment effectively.

Professionals at ANT Lawyers work on many a variety of telecommunications, media and technology transactions and cases. Our attorney’s industry knowledge and expertise allow us to effectively support the information technology sector. We could deliver the experience and expertise needed to handle issues in both private practice and in corporate and regulatory bodies.

You could learn more about ANT Lawyers TMT Practice or contact our TMT lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529.

 

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Telecommunications, Media & Technology (TMT) Services in Vietnam

ANT Lawyers assist clients to operate with compliance or look for opportunities to enter the market. In Telecommunications, Media & Technology (TMT) practice, our lawyers assist clients in commercial matters, corporate M&A and other transactions, regulatory issues, system integration, software development and licensing, IT services including outsourcing, software & technology agreements, data protection, intellectual property, disputes resolutions.

 

Telecommunications, Media & Technology Services in Vietnam

Our customers include telecom network operators and service providers, producers, software and hardware technology companies, outsourcing companies and e-commerce companies, internet companies, media and entertainment companies.

Some highlight matters include:

KDDI, a Japan telecom company, which we assist on various ongoing matters in Vietnam.

SECUREMETRIC, a Malaysian company providing digital security solutions in Vietnam, which we assist the Malaysian holding company to be listed on the Bursa Securities, advised the procedures for the local entity to be complied, conducted licensing procedures on behalf of the Client and drafted share purchase agreement for execution and carried out the process to change the ERC, IRC of the company in Vietnam under the name of the new owner with strict requirement to meet deadline for listing;

VIETFIBER, a foreign owned company with investors from Turkey manufacturing telecom equipment in Long An City, Vietnam, which we reviewed the shareholder agreements, Share Purchase Agreement, and advised procedures to complete the transfer of capital contribution from current shareholder to new investor and register with authority in Vietnam;

An Eastern European Technology company, which we advised telecommunications, media intellectual property laws on Personal Data Protection, Data Localization, and Copyrights infringement matters for their project to deliver service in Vietnam and online mobile stores in launching a personal content feed offering to users with a personalized news feed, with news items linking to a news story available on a third-party website, as well as a headline and small fragment of a news story and an accompanying image, embedded videos, the video content itself hosted on a third party website.

A Chinese Entertainment company, which we advised the client on the legal risks and compliance plan to launch a music application, an online music software providing functions of singing, recording, and uploading the songs etc, along with intelligent scoring, professional mixing, online interaction and social sharing. The advice cover areas of intellectual property permissions (including complete audio, words, music, accompaniment, music clips, etc.) on UGC (User-generated Content) or PGC (Professionally-generated Content), User License Agreement, the copyright and related rights collective management organization system including: The Vietnam Literary Copyright Center (VLCC); The Recording Industry Association of Vietnam (RIAV); The Vietnam Center for Protection of Music Copyright (VCPMC) and The Vietnam Reproduction Rights Organization (VIETPRO) whom exercise copyright licensing service, collect and distribute of royalties to the authors and rights holders whom authorized to them.

ANT Lawyers - a Law firm for TMT 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 serive request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529

Let ANT Lawyers help your business in Vietnam.

 

 

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