How to establish company in Vietnam?

Foreign investors may invest in the form of 100% capital to establish company in Vietnam, being limited liability company, joint stock company, partnership company.

How to establish company in Vietnam

Foreign investors that invest in Vietnam 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. Investment certificates shall concurrently be business registration certificates. Company with 100% foreign capital has founded and operated from the date of issuance of the investment certificate.

A project dossier for establishing company in Vietnam shall comprise:

-Registration/Request for issuance of Investment Certificate;

-A report on financial capability of the investor;

-Draft of the company’s charter;

-List of members of company;

-Copy of the people’s identity card, passport or other lawful personal certification, for individual members;

-Copy of the establishment decision, business registration certificate or other equivalent document, for member organizations;

-Copies of the authorization document, the people’s identity card, passport or other lawful personal certification, for authorized representatives.

-Copies of the business registration certificates of the foreign member organizations must be authenticated within three months before the date of submission of the business registration dossier by agencies where such organizations are registered;

-Written authorization of the investor in case investor is organization and valid copy of the lawful personal certification of the authorized representative. Documents in foreign languages must be translated into Vietnamese, notarized and legalized;

-The joint-venture contract or Business Cooperation Contract (BCC);

-Other documents required by Vietnam law.

The establishment of a company in Vietnam would take from 30 days. The extra time might be needed in case the investment area is conditional or the State government needs to examine the investment project. Minimum capital, special licenses or other conditions might be required in certain investment projects.

With highly professional staff and great experience in foreign investment, ANT Lawyers would like to support you in establishing company in Vietnam.

Source ANTLawyers: https://antlawyers.vn/library/establish-company-in-vietnam.html

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How to Obtain Business Registration Certificate in Vietnam

  How to Obtain Business Registration Certificate in Vietnam?

Every organization and individual wishing to set up a foreign owned company in Vietnam shall need to meet some specifics conditions as promulgated under the Law on Investment and Law on Enterprise. In specific areas being considered as conditional investment, the investor shall also need to consult with the law governing the area of investment. Once the investment registration certificate is completed, the investor has the obligation to apply for enterprise registration.

 Business Registration Certificate in Vietnam

The procedure to register for a certificate of enterprise registration of a joint stock company or limited liability with two or more members are herein mentioned:

Dossiers:

i) Application form for enterprise registration

ii) The company’s charter.

iii) A list of founding shareholders and shareholders being foreign investors/ a list of capital contribution members.

iv) Valid copies of:

Copies of the ID card or other ID papers of founding shareholders and foreign investors/members being individuals; list of authorized representatives of foreign shareholders being organizations.

Decision on establishment, certificate of business registration, or an equivalent document of the organization and the letter of authorization; the ID card or other ID papers of the authorized representatives of founding shareholders and foreign investors being organizations.

If shareholders are foreign organizations, the copy of the certificate of business registration or an equivalent document must be notarized, legalized and authenticated.

The Certificate of Investment registration of the foreign investors as prescribed by the Law on Investment.

State Authority: Business registration office of the province where the enterprise’s headquarters is situated.

Period: within 03 working days from the full receipt of the dossiers

Result: Business registration office shall issue the certificate of enterprise registration or if the application is not satisfactory, business registration office shall inform the applicant of necessary revisions and supplementation to company.

In general, Vietnam government encourages foreign direct investment. If the investor faces challenges at state authority, whom do not issue notification or request of supplementation to the application for enterprise registration, the investor cold lodge a complaint as prescribed by regulations of law on complaints and denunciation to the state authority to protect its right in doing business and investment in Vietnam. A law firm in Vietnam with expertise in both business registration and dispute resolution could assist the investor in the process.

The enterprise is entitled to do business from the issuance date of the certificate of enterprise registration. For conditional business lines, enterprises are entitled to engage in conditional business lines if they satisfy all conditions and are capable to maintain fulfillment of such conditions throughout their operation.

With highly professional staff and great experience in investment in Vietnam, ANT Lawyers would like to support you to register business registration certificate in Vietnam

Source ANTLawyers: https://antlawyers.vn/update/how-to-obtain-business-registration-certificate-in-vietnam.html

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How to Set up Branch Office in Vietnam?

 How to Set up Branch Office in Vietnam?

Foreign entity is allowed to set up branch office in Vietnam to conduct business activities according to the law.

Set up Branch Office in Vietnam

The branch of a foreign business entity in Vietnam (referred as “The Branch”) means a subsidiary unit of the foreign business entity, established in accordance with the law of Vietnam in order to enter into contracts in Vietnam and conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.

The Branch will need to apply and obtain the establishment license; and have a seal bearing the name of the Branch.

The Branch is permitted to conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.

It should be noted that the liability of the Branch is the liability of the foreign entity. The business activity of the Branch has to be consistent with the business activity of the foreign entity. The Branch has to has office address. Therefore the investor should consider its investment strategy when setting up branch office in Vietnam.

With highly professional staff and great experience in business in Vietnam, ANT Lawyers - Law firm in Vietnam would like to support to set up branch office in Vietnam.

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Patent Registration under PCT Procedure

Vietnam joined in Patent Cooperation Treaty (PCT) on March 10th 1993 and originations, individuals can register international patent as provided in PCT by filling registration application at National Office of Intellectual Property of Vietnam (NOIP). NOIP has responsibility to examine and handle the application as provided in PCT.

File PCT Patent Application in Vietnam

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in filling international patent under PCT procedure in Vietnam:

Required Document

-03 English written declaration for registration PCT application originating in Vietnam;

-02 Written descriptions including images or drawings (if any) ;

-02 written request of invention protection;

-01 Original Power of Attorney;

-Other related document (if only).

-International Patent registration originating in Vietnam under PCT

Receipt of applications:A registration application of an invention shall be filed in Vietnam, including protection claims in any of the Member Countries of the PCT Treaty (hereinafter referred to as the PCT application originating from Vietnam). The application shall be submitted directly or by mail to the NOIP or the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau)

The international search process: This process shall be conducted at competent authorities (National or regional patent office that meets the requirements set by PCT and be designated by PCT General Assembly). National patent office with PCT application originating in Vietnam is: Intellectual Property office of Australia, Austria, the Russian Federation, Sweden, Korea and the European Patent Office.

Publication of the international application: PCT application originating in Vietnam shall be posted at PCT Gazette.

The international preliminary examination: Conducted by the international preliminary examining authority as provided in PCT. The purpose of examination is to give a preliminary and non – binding opinion whether the invention in the application meets the requirement protection or not. Examining authority shall make a preliminary examining report and send to International Bureau.

National or regional phase: international application shall be examined form and content as regulation of normal patent registration in each nation.

Note:

Applicants must specify which countries they want the international application to take effect.

Each international application is subject to international search to find out the relevant technical status known to provide preliminary and non-compulsory claims on inventions that require novelty, creativity and usefulness. Therefore, the Contracting Party designated for patent protection is entitled to apply the standards of an invention under its domestic law in relation to the known state of the art and other conditions of competence. Patent shall be decided whether to be accepted for the protection based on the application.

If you are looking for experienced IP services in Vietnam to help you with your PCT Patent Application in Vietnam, you should visit ANTLawyers. Our Patent attorneys have experience with the PCT Patent process and will work closely with you as you apply for your PCT in Vietnam.

 

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International Law Firm in Vietnam

ANT Lawyers is an international law firm in Vietnam with international standards, recognized by Legal500, IFLR1000.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services

Prae Legal Network provides clients with access to global legal resources through its vast network of well-established 242 law offices in trade centers in 129 countries.

Our respectable and influential professionals are experienced in all fields of law. We are ready to provide legal solutions to companies and people all around the world for their legal needs. We can help when you would do business transactions in the most challenging parts of the world.

Prae Legal provides comprehensive legal expertise in almost all major practice and industry areas. We have general and subject specific legal expertise that could be applied to different needs of each industry. An industry will be interested in legal developments affecting its own business and legal environment.

Vietnam International Law Firm

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at vietnam@praelegal.de or ant@antlawyers.vn or call the telephone at (+84) 28 730 86 529.

Together with global law firm partners, ANT Lawyers has the capability to provide in depth legal assistance in the following practice areas:

• Agricultural & Agribusiness
• Antitrust, Competition and Trade Group
• Automotive
• Aviation
• Banking and Financial Services
• Business Crimes and Compliance

·         Capital Markets

·         Construction and Infrastructure

·         Corporate Organizations and Securities

·         Employee Benefits and Pensions

·         Employment and Labor Law

·         Energy and Natural Resources

·         Environmental

·         Government Affairs

·         Health Care Industries

·         Immigration

·         Insolvency, Bankruptcy and Restructuring

·         Insurance and Reinsurance

·         Intellectual Property

·         Life Sciences

·         Litigation, Arbitration and Dispute Resolution

·         Media, Entertainment and Sports

·         Mergers and Acquisitions

·         Private Equity

·         Project Finance

·         Real Estate

·         Tax

·         Technology, Outsourcing and Privacy

·         Telecommunications

·         Products Liability and Toxic Tort

·         Trademarks, Copyrights, Trade Secrets and Unfair Competition

·         Product Liability and Product Safety

·         Cross-Border Transactions

·         E-Commerce & Technology

·         Product Liability and Product Safety

For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 24 730 86 529

To learn more about us, please visit https://antlawyers.vn/

ANT Lawyers has law offices in Hanoi, Ho Chi Minh, and Da Nang City.

ANT Lawyers is a Vietnam law firm with international standards, recognized by Legal500, IFLR1000.

We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.

Legal Services

• Commercial
• Dispute Resolution
• Debt Recovery
• Employment
• Foreign Investment
• Intellectual Property
• International Trade and Taxes
• Infrastructure and Project
• Civil Matter

This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

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