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 Năm, 9 tháng 2, 2023

How do labour disputes in Vietnam get resolved?

How do labour disputes in Vietnam get resolved?

labour dispute is a disagreement between parties in an employment relationship regarding their rights, responsibilities, and interests. Individual labour disputes between employees and employers and collective labour disputes between employers and labour collectives are examples of labour disputes. The measures and principles of labour dispute resolution outlined in Chapter XIV of the Labour Code 2012 will be used by the competent agency, organization, or individual to settle any labour dispute.

Labour Dispute Law Firm in Vietnam

The following are methods for settling labour disputes: negotiation, grassroots conciliation, settlement of individuals and organizations competent to settle labour disputes.

People's Court's labour conciliator is a person or organization with the authority to settle individual labour disputes. conciliator of labour; Chairman of the People's Committee in the district; Concerning labour rights and conciliators, collective labour disputes can be settled by the People's Court; Collective labour benefit disputes can be settled by the Labour Arbitration Council.

Negotiation is a method of resolving a dispute in which the parties to a dispute deal directly with each other in order to reach an agreement on the settlement of the dispute. In fact, this is the most widely used solution. During the negotiation process, the parties will discuss issues related to the dispute, and propose solutions to resolve that dispute. The decision is made on the basis of agreement between the parties themselves and is not the result of any external pressure.

Conciliation is a strategy for resolving disputes involving third parties; however, conciliators do not make decisions; rather, they only support and direct the parties as they negotiate. Except for disputes regarding disciplinary measures in the form of dismissal or disputes regarding the unilateral termination of the labour contract, individual labour disputes must go through the conciliation procedure of a labour conciliator before requesting a court to settle them, as stated in Clause 1, Article 201 of the Labour Code of 2012. benefits, damages, and compensation when a labour contract is terminated; between employers and domestic helpers; on health insurance in accordance with the law; on social insurance in accordance with the law; on health insurance in accordance with the law on the payment of damages incurred by labourers and businesses and other entities that contract labour abroad. The labour conciliator is required to keep a record of the successful conciliation if the two parties reach an agreement. On the other hand, if the parties are unable to come to an agreement, the labour conciliator will propose a conciliation plan for them to consider. If the parties accept the conciliation plan, the labour conciliator will record that the conciliation was successful. The labour conciliator is required to keep a record of the unsuccessful conciliation if either of the parties rejects the plan for conciliation or if a disputing party has been properly summoned twice but is still absent without a reasonable explanation.

When a request for resolving a collective labour dispute regarding rights is made, the dispute resolution procedure that should be followed is that of the Chairman of the district People's Committee. To consider and resolve labour disputes dynamically, district-level People's Committee chairpersons must base themselves on labour laws, collective labour agreements, registered labour rules, and legal regulations and agreements.

For collective labour benefit disputes, the competent authority is the Labour Arbitration Council. There must be representatives from both sides of the dispute at the Labour Arbitration Council meeting. It is the duty of the Labour Arbitration Council to assist the parties in self-negotiation. The Labour Arbitration Council must document the successful mediation and issue a decision acknowledging the parties' agreement if the parties reach an agreement or accept the mediation plan. The Labour Arbitration Council is obligated to record a mediation that was unsuccessful and give the labour union the right to initiate procedures for a strike within three days if the two parties are unable to come to an agreement or if one of the disputing parties has been summoned for a second time but has not shown up for any reason that could be considered plausible.

Individual labour disputes and collective labour disputes over rights are resolved through trial, in which the Court issues a judgment or decision to settle the case. After the dispute has been settled in other stages without success, the most common method of resolving it is through litigation. In accordance with the stringent guidelines laid out in the Civil Procedure Code of 2015, a judicial body with special state power resolves labour disputes at the Court. The fact that the court's decisions regarding labour disputes are guaranteed to be enforced by state coercive measures is this method of dispute resolution's greatest advantage.

When labour disputes arise, everyone involved emmployers, the labour union, and employees should pay close attention to selecting the best means of resolving them. For efficiency, it is also recommended to consult with lawyers from a labour dispute law firm in Vietnam that specializes in employment law.

 

Thứ Ba, 7 tháng 2, 2023

Reliable Vietnam Law Firm

Vietnam's ANT Lawyers is a law firm with locations in Ho Chi Minh City and Hanoi. We are a law firm in Vietnam that is a member of Prae Legal, a global network of law firms that spans 150 countries and five continents. Through this network, we have established relationships with lawyers from all over the world. Because of this collaboration, ANT Lawyers are able to handle international cases involving foreigners.


As a reputable English-speaking law firm in Vietnam, ANT Lawyers focuses on offering potential solutions that best satisfy the requirements of business and legal clients. We assist customers in achieving their objectives while safeguarding their interests, reducing risks, and adhering to the law.

The law firm provides a comprehensive range of contentious and non-contentious legal expertise to corporate and individual clients from all sectors. We are able to provide advice on a wide range of topics, from precedent-setting to strictly procedural, thanks to our experienced staff and highly professional personnel.

Our ability to combine commercial and legal perspectives is a recurring theme throughout everything we do as a law firm. As a result, our clients can rest assured that, regardless of the case or transaction, our lawyers at the law firm in Vietnam have the expertise to provide commercially relevant legal advice and service.

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

Thứ Hai, 6 tháng 2, 2023

Professional law firm in Vietnam

ANT Lawyers is a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City. We are a Vietnam-based law firm that is a part of Prae Legal, a global network of 150 countries and five continents of law firms. We have developed relationships with lawyers from all over the world as a result of this network. ANT Lawyers are able to handle international cases involving foreigners because of this collaboration.


We focus on providing potential solutions that best meet the requirements of business and legal clients as a reputable law firm in Vietnam. We help customers achieve their goals while protecting their interests, minimizing risks, and following the law.

We offer corporate and individual clients from all industries a comprehensive array of contentious and non-contentious legal services. We are able to offer guidance on a wide range of topics, from setting precedent to strictly procedural matters, thanks to our knowledgeable and highly skilled staff.

As a consequence of this, our clients can rest assured that, regardless of the case or transaction, our lawyers at the law firm in Vietnam possess the expertise necessary to provide legal guidance and service that is relevant to the business world.

Thứ Ba, 10 tháng 1, 2023

Many “American eagles” expressed their desire to invest and expand into Vietnam

Many “American eagles” expressed their desire to invest and expand into Vietnam

After the Covid-19 pandemic with unremitting efforts, Vietnam has affirmed its capacity in all aspects with other countries, especially the capability to fight against Covid and quick return focus to business. Therefore, Vietnam is becoming an attractive investment destination for global investors including American companies. With the stable political situation, young and abundant human resources and commitment to investment facilitation from the Vietnam Government, it has become a great motivation for American investors to choose Vietnam as a safe and effective investment destination to expand business and set up company in Vietnam.


On the occasion of Vietnam Prime Minister Pham Minh Chinh’s business trip to attend the Special Summit to celebrate the 45th anniversary of ASEAN- America relations, many big American enterprises such as Intel, Apple and Google have shared their desire to expand the supply chain, cooperate in technology and move production to Vietnam by coordinating with Vietnamese enterprises that have suitable capability to participate. This is also considered a great opportunity for Vietnam to interact with the world’s leading advanced economy to improve its labor capacity and is a potential market for workers to learn and demonstrate their abilities.

Specifically, Apple wants the Vietnamese Government to continue to have preferential policies to encourage high-tech American enterprises to develop business and invest in Vietnam. On the other hand, Apple also affirmed that it will actively consider the Prime Minister’s proposal on increasing the number of domestic suppliers and raising the rate of using domestic services and goods higher in Apple products in the near future.

In addition, Intel also showed its interest in the Vietnamese market by emphasizing the very important role of Vietnam and Vietnamese factories in Intel’s production chain. Moreover, Intel also highly appreciates Vietnam’s infrastructure and human resources as potential conditions for technology enterprises to continue to expand their operations. Especially in today’s volatile world, Intel’s expansion of investment in Vietnam is a strategic solution.

Currently, Microsoft is working with Vietnam’s Ministry of Information and Communications to deploy digital skills programs both private and public sector, and data science development in Vietnam. Accordingly, technology will help enhance transparency and trust, prevent and fight corruption. Vietnam has a young population, a dynamic country, ready to receive new technologies Microsoft wishes to strengthen cooperation with Vietnam in the fields of digital transformation, ensuring network security, helping Vietnam achieve the goal of reducing emissions to zero by 2050 and contribute to helping Vietnam build a green economy, digital economy, and sustainable development.

In addition, in order to attract foreign investment, the Prime Minister emphasized that the “sincerity, trust and responsibility” stance, “harmonious benefits, shared risks” between big American and Vietnamese enterprises will help the relationship between the parties is stable and good. In addition, to implement the commitments it has joined, Vietnam is continuing to build and perfect institutions suitable to Vietnam’s conditions and circumstances. Moreover, the development of strategic infrastructure such as digital transformation infrastructure, transport infrastructure, energy infrastructure, healthcare infrastructure… will also be the focus of completion to attract foreign investors to establish company inVietnam.

Besides, Vietnam continues to improve the open and stable business environment, and effectively handle administrative procedures. In particular, digital transformation will help reduce direct transactions, fight negativity, trouble, corruption, save time and costs for people and businesses. Therefore, Vietnamese businesses need to innovate in both capacity and organization to capture this opportunity well.

With highly professional staff and great experience in business in Vietnam, ANT Lawyers – Law firm in Vietnam would like to support you to establish company in Vietnam.

 

Thứ Hai, 9 tháng 1, 2023

Benefits of Setting Up Company in Ho Chi Minh City

Ho Chi Minh City is considered as Vietnam’s economic hub. During the long history of foundation and development, the city’s economy is growing constantly and motivating the development of the country.

Setting up company in Vietnam

The city is therefore considered as a potential investment environment for domestic investors as well as foreign investors. The investment through establishing companies and conducting business activities in Ho Chi Minh city certainly promises to achieve multiple benefits. These benefits come from the following reasons.

First, Ho Chi Minh City has strategic location advantage in Vietnam. Southeast Asia Region, Ho Chi Minh City is 1,700 km south of Hanoi, 297 km east of Phnom Penh, Cambodia, 881 km east of Bangkok, Thailand.

Food, glass, textiles, paper products, plastics, chemicals, building materials and machinery are produced here. Ho Chi Minh City accounts for 20% of total gross domestic product (GDP), 30% of industrial production and 40% of export products of Vietnam. The city also accounts for 33% of the national budget and 60% of foreign investment flows into the region. In the past few years, the economy have been grown at a rate greater than 10% (6% to 8% nationally).

Second, Ho Chi Minh City is home of  well – qualified, abundant and young human resources.

With a population of more than 8 million, accounting for more than 10% of the total Vietnamese population, Ho Chi Minh City itself has potential employment market to make any business investment. The work force in Ho Chi Minh City was estimated to reach 4.7 million people in 2012, making up more than 50% of the total population of the city. The percentage of trained labor increased from 40% in 2005 to 55% in 2010 and was forecast to reach 70% in 2015. The percentage of labor source holding postgraduate degree is also increasing year by year and most of them tend to stay in the city after holding degrees. Ho Chi Minh City is also home to more than 80 universities and colleges, vocational schools with over 400,000 students providing an abundant trained work force.

With the above – mentioned abundant labor force, any companies set up in Ho Chi Minh City can easily recruit suitable employees in a short time..

Third, the city has modern and high infrastructure system. Namely, when setting up company in Vietnam, the owners will benefit from the modern and comprehensive infrastructure system.

Tan Son Nhat Airport is the largest airport in the country with the capacity to accommodate 20 million people a year. From Tan Son Nhat Airport, there are 50 routes to other countries all over the world such as China, Japan, Korea, Singapore, European countries, etc.

Saigon Port serves as a gateway to the Mekong River Delta, the South China Sea (83 km away from the sea) and the Asia continent. The port has a total area of 500,000 m2 with 5 terminals meeting the international standards, and it handles about 8.3 million tons of cargo annually. Throughout the history of foundation and development of Saigon, Saigon Port plays an important role in making Ho Chi Minh City a flourishing trading center. It accounts for a fifth of the nation’s Gross Domestic Product and almost a third of its industrial production.

Ho Chi Minh City is also home to industrial zones. According to the statistics of Cushman & Wakefield, the city has 18 industrial parks that are operating with a total area of 3635 ha. When investing in such industrial zones in Vietnam, enterprises can benefit from various incentive policies such as low rate tax or other incentive policies.

Telecommunication and information technology in the city is modern. The system of post and telecommunication in Ho Chi Minh meets international standard, providing fast, reliable and high quality services such as ADSL, rapid data transfer, wide broadband MAN. The Internet service in Ho Chi Minh city is also among the cheapest in the world.

Besides, the city is also considered the best working conditions. Enterprise will not be fear that it is not enough place for working. The city with the system of offices provide ideal working environment for all investors.

With highly professional staff and great experience in business in Vietnam, ANT Lawyers would like to support you in establish company in Vietnam.

 

Thứ Năm, 5 tháng 1, 2023

How Guardianship of Minors is Regulated in Vietnam Laws?

How Guardianship of Minors is Regulated in Vietnam Laws?

Guardianship under Vietnam laws aims to protect the legitimate rights and interests of groups that are not yet fully developed physically or mentally. There are two forms of guardianship prescribed by law: natural guardians and guardians appointed by a competent state agency, in which natural guardians can only be individuals. This type of guardianship is defined by the provisions of the guardian, the ward, and the rights and obligations of the guardian towards the ward and their property. There are potential disputes in finance or caring responsibility among people having responsibility of guardship therefore it is important to understand the order of natural guardians when life event happens that trigger the need for guardianship. Hence, having the advice form civil or marriage and family dispute lawyers in Vietnam with understanding of the matters is very important.

 

Minors (a person under 18 years old) who have lost their parents are one of the subjects of guardianship under Vietnamese law. They are considered vulnerable in the society and need to be cared for and protected. Therefore, to avoid the case that these people have no guardians when their parents suddenly die, civil law has provided a provision to determine the order of natural guardians based on their blood relationship as follows: (i) the eldest brother or sister shall be the guardian of the ward; if the eldest brother or sister fails to satisfy all requirements for acting as a guardian, the next eldest brother or sister shall be the guardian, unless otherwise agreed that another biological brother or sister shall be the guardian; (ii) the paternal grandfather, grandmother or the maternal grandfather, grandmother shall be the guardian or these persons agree to appoint one or several of them as guardians; (iii) a biological uncle or aunt of the ward shall be the guardian.

Thus, in the same order as above, the natural guardian of a minor will always be specifically identified and this person must ensure that the guardian’s conditions are fully met, including:  having full legal capacity; having good ethics, and necessary means to exercise rights and fulfill obligations of a guardian; not being a person facing criminal prosecution or a person who has been convicted but his/her criminal record has been not expunged for a deliberate crime of violation of life, health, honor, dignity or property of another person; and not being a person having parental rights to minor child restricted by a Court.

In case a minor does not have a natural guardian, the commune-level People’s Committee of the place where they reside shall have to appoint a guardian. In addition, if there is a dispute between the natural guardians about the guardian or a dispute over the appointment of the guardian, the Court will appoint the guardian. 

Accordingly, when a minor loses their parents, according to the law, their biological brother or sister will be their natural guardian. However, if this person does not have a biological brother or sister, the paternal grandparents and maternal grandparents will be the natural guardians of this person, and both of them have equal rights in guardianship for their grandchildren minors under the provisions of the Civil Code the Law on Marriage and Family as follows: “Paternal grandparents and  maternal grandparents have the right and obligation to look after, care for and educate their grandchildren, lead an exemplary life and set a good example for grandchildren; in case a minor grandchild or an adult grandchild loses his/her civil act capacity or is unable to work and has no property to support himself or herself without a caregiver as prescribed in Article 105 of this Law, paternal grandparents, and maternal grandparents have the duty to raise their grandchildren.”

The law always respects the voluntary agreement of the involved parties in determining guardianship for minors who have lost their parents. Paternal grandparents and maternal grandparents may agree to appoint one or several of them as guardians for their minor grandchildren according to regulations. In case the two parties cannot agree on a guardian for the grandchild, this is another type of marriage and family dispute. Therefore, pursuant to the Civil Procedure Code, one of the parties can make an application to the competent district court to request the court to settle the case according to civil procedure. The court will base on the facts of the case, the conditions of the guardianship of the parties, the emotional relationship between the guardian and the ward, and the capability to ensure the best physical and mental development to decide to assign the child to whom to act as guardian. In addition, if the ward is six years old or older, the Court will have to consider their wishes during the dispute resolution process to make a decision to appoint the most suitable guardian.

In summary, Vietnam law has clear and specific provisions to determine natural guardians for minors who have lost their parents. In addition, the law also stipulates that the determination of guardians may involve the intervention of a competent state agency, namely the People’s Committee, and the Court in the event of a dispute between guardians to appoint a guardian equitably. All these regulations ensure that minors are cared for and nurtured in the best conditions for future development.

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

 

Thứ Hai, 12 tháng 12, 2022

How to Protect Invention Patent in Vietnam?

Attention in Drafting Registration Application for Invention in Vietnam

Inventions are created with purpose to people’s life convenience and consequently bring economic benefits to the inventor. As a result, protecting the intellectual property of inventions through patent registration in Vietnam is essential.



How To Register Invention in Vietnam?

However, applicant of invention may find it difficult in declaring some of the information i.e. name of invention, field of use, technical status of field of use, technical nature and brief description while drafting an invention description that meets legal regulations in Vietnam.

To overcome this difficulty, applicant should take note the followings:

Name of the invention: name of inventions and name of inventor should be brief without promotion.

Filed of use: the invention registration application shall demonstrate the filed in which the invention is applied or related.

Technical status of field of use: the technical shall include information of prior known technical solutions until the priority date of the same application.

Technical nature of invention: the technical nature of the invention is the purpose that the invention need to get or technical problem that the invention shall solve to overcome disadvantage or shortage of the same technical solutions declared in “Technical status of field of use” part.

The description of constitutive signs of invention: The description shall declare new signs of the invention.

Brief description with enclosed images (if any): Applicant shall declare and submit clearly the scope of protection invention request in the description. The scope shall be presented briefly, clearly and fix with the description and images as stipulation of law on intellectual property.

With professional staff and vast experience in Intellectual Property aspect in Vietnam, ANT Lawyers - As a law firm in Vietnam could support inventor in advising and drafting dossier to request patent protection in Vietnam.

Chủ Nhật, 11 tháng 12, 2022

How to Set-up Travel Services Business in Vietnam?

How to Set-up Travel Services Business in Vietnam?

Foreign investor could only set-up joint venture with Vietnam travel agency to set-up travel services business in Vietnam because transport of passenger belongs to investment areas with conditions applied to foreign investor in Vietnam.

10 Questions to Ask Before Setting up Company in Vietnam?

No one could deny that information technology has tremendously changed the way travel services business operates. The use of booking reservation system application on smartphone and internet are widespread that make travel has never been easier.  Foreign investor would be interested to explore the travel services market. However, 100% foreign owned company is not allowed to set-up travel services business in Vietnam. As this investment area is conditional, it is advised that a law firm in Vietnam should be consulted to ensure compliance with local regulations.

The application process and documents requirements are briefly as following:

1. Required documents:

-Application for the International Travel Business License (form);

-Certificate of business registration (copy – certified)

-Business plan for the international travel agency;

-Tour schedule

-Proof of at least 4 years of experience in international travel business operations

-Certified copies of the tourist guides’ cards whereby at least 3 international tourist guides are required

-Confirmation of bank deposit (as per regulations);

-Proof of office premises or legally registered place of business

2. Business License Application Procedure

-Submission of the required documents to the correct authority (Department of Culture, Sports and Tourism of the province/city where the business is headquartered).

-The Department of Tourism of the province/city completes the records of appraisal and submits a written request with the agency’s records to the Ministry of Culture, Sports and Tourism in Vietnam within ten working days from the date of receipt of a valid application. When cases are not eligible for the proposed permit to the state agencies, the provincial tourism department shall cite the specific reasons for refusal. 

-The state management agency of tourism (VNAT – Ministry of Culture, Sports and Tourism) is responsible for reviewing and licensing the international travel business within ten working days from the date of both receipt of the file and written request of the state agency of tourism in the province. In case of refusal, the ministry shall state the specific reasons to the state and provincial tourism authorities

3. Number of records

-Submission to the Department of Culture, Sports and Tourism: 01

-Tourism Authority Filed in: 01

ANT Lawyers, a law firm in Vietnam could offer service to establish company in Vietnam. We assist clients needing legal service in obtaining investment certificate, business registration certificate, or other  licensing procedures.

Thứ Tư, 7 tháng 12, 2022

Dispute Law Firm in Vietnam

ANT Lawyers - as a law firm in Vietnam could assist clients on dispute resolution matters throughout Vietnam from offices in Ho Chi Minh City, Hanoi and Da Nang.

Dispute law firm in Vietnam

We have dispute attorneys in Hanoi, Da Nang and Ho Chi Minh City with qualification and experience to assist client to resolve dispute in Vietnam.

We have been representing clients in dispute in various sectors i.e. dispute in international trade, dispute in commercial transactions, dispute in partnership or shareholder agreement, dispute in property sales and purchase, dispute in intellectual property, dispute in real estate, dispute in banking and finance, dispute in maritime matters...

Our expertise, experience, and understanding of Vietnam culture allow us to offer client a suitable and flexible solutions to the matters, taking into consideration of commercial perspective of the issues the client face, and take the client throughout the stages of litigation proceeding at Vietnam national or provincial courts, and arbitration centers.

If possible, we advise client on alternative dispute resolution, including mediation, which our lawyers are well trained and certified internationally in US and EU with adaption of skills to Vietnam cultures to help client resolve conflicts without formal proceeding to save cost, time and maintain the relationship between disputed parties.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

ANT Lawyers - a 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.

You could learn more about ANT Lawyers Dispute Practice or contact our dispute lawyers in Hanoi, dispute lawyers in Da Nang and dispute lawyers in Ho Chi Minh city for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529.

Thứ Hai, 5 tháng 12, 2022

How to Set Up Company in Hanoi?

How to Set Up Company in Hanoi?

The Law on investment 2021 has a lot of investment incentive policies in economic sectors in Vietnam for foreign investors.


Foreign investors that invest in Vietnam in general and Hanoi in particular for the first time must have investment projects and fill in investment registration or examination procedures at state agencies in charge of investment in order to be granted Investment Registration Certificates (“IRC”) and Enterprise Registration Certificate (“ERC”). Company with 100% foreign capital has founded and operated from the date of issuance of the investment certificate.

The investor who wishes to apply for IRC in Hanoi, s/he need to have a possible project which is accepted by the Government (The Department of Planning and Investment of Hanoi City). The dossier on applying for IRC

For Investment Registration Certificate, the investor must prepare the dossier included:

i) An application form for execution of the investment project, including a commitment to incur all costs and risks if the project is not approved;

ii) A document about the investor’s legal status;

iii) Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;

iv) Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, proposal for investment incentives, impact and socio – economic efficiency of the project and preliminary assessment of environmental impact (if any) in accordance with regulations of law on environmental protection.

If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project.

v) If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted;

vi) Contents of the explanation for the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;

vii) The business cooperation contract if the investment project is executed under a business cooperation contract;

viii) Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor in accordance with regulations of law (if any).

After having the project, the investor needs to apply for Business Registration Certificate, the dossier included:

i) An application for enterprise registration;

ii) The enterprise’s charter;

iii) A list of members of a limited liability company with two or more members or a list of general partners;

iv) A notarized copy of identity card or valid passport of individual member;

v) A notarized copy of the Business Registration Certificate of the organization’s member;

vi) A notarized copy of valid identity card or passport of the organization’s legal representative;

vii) The copy of Investment Registration Certificate.

The time for applying the investment project is 15 working days and the time for applying the company is 03 working days after the date of submitting the valid dossier.

ANT Lawyers, a law firm in Vietnam could offer service to set-up company in Vietnam. We assist clients needing legal service in obtaining investment certificate, business registration certificate, or other  licensing procedures.