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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How Foreign Entity Could Set up a Branch Office in Vietnam

 How Foreign Entity Could Set up a Branch Office in Vietnam

A foreign business entity or a foreign trader is allowed to set up a branch office in Vietnam to conduct business activities.

How to Set up branch office in Vietnam?

Having the right to conduct business activities and make profit are how a branch differs from a representative office in Vietnam. A branch depends on the foreign business entity that set-up the branch while a foreign owned company set-up in Vietnam exists by itself. The Vietnam Department of Industry and Trade will be approving the establishment of a branch office in Vietnam while Vietnam Ministry of Planning and Investment will be the State agency that coordinate the setting up a company in Vietnam.

In particular, the branch of a foreign business entity in Vietnam (referred to 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 licence 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.

1. Rights of the Branch

-To rent offices and to lease or purchase the equipment and facilities necessary for the operation of the branch.

-To recruit Vietnamese and foreign employees to work for the branch in accordance with the law of Vietnam.

-To enter into contracts in Vietnam in accordance with the activities stated in the license for establishment of such branch and in accordance with the Vietnam Law.

-To open Vietnamese dong and foreign currency accounts at banks which are licensed to operate in Vietnam.

-To remit profits abroad in accordance with the law of Vietnam.

-To have a seal bearing the name of the branch in accordance with the law of Vietnam.

-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.

2. Requested Conditions for Establishment the Branch Office in Vietnam

A foreign company which has effectiveness business activities will be allowed to open the branch office in Vietnam if this company has real demand to open the market in Vietnam and meet some conditions as below:

-Being a trader recognized by the law of the country where it has been lawfully established or made its business registration;

-Having been operating for at least five years after its lawful establishment or business registration certificate in Vietnam.

3. Issuance the Certificate of Branch:

The issuance of the Certificate of Branch will be implemented by the Department of Industry and Trade Department after the foreign company meets all of conditions as Vietnam legal requirements.

The issuing period will be within 20 working-days after the date of submitting the full valid documents as requested.

With highly professional staff and great experience in investment in Vietnam, ANT Lawyers – English speaking law firm in Vietnam would like to support you to set up the branch office in Vietnam

Source ANTLawyers: https://antlawyers.vn/legal-service/establishment-of-the-foreign-traders-branch-in-vietnam.html

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Second Review Of Application Of Anti-Dumping Measures Of Some Aluminum Products from China

On June 10, 2022, the Ministry of Industry and Trade issued Decision No. 1149/QD-BCT on the second review of the application of anti-dumping measures for a number of aluminum products originating from the People’s Republic of China (case code AR02.AR05).

 

Anti-dumping law firm in Vietnam

The above decision requires a review of the application of anti-dumping measures to certain aluminum, alloy or non-alloy products, in the form of bars, rods and shapes, extruded, whether or not treated surface treatment, whether or not further processed, imported into Vietnam and classified under HS code: 7604.10.10; 7604.10.90, 7604.21.90, 7604.29.10, 7604.29.90.

To ensure the interests of all organizations and individuals involved in the case, the Trade Remedies Authority of Vietnam recommends that relevant organizations and individuals do the followings: register as a related party in the review case to access publicly circulated information during the review process; submit comments, information and evidences related to the content of the review; cooperate with the investigating agency in the investigation and review process.

The conduct of procedures related to the review process must not interfere with the application of anti-dumping measures in force.

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 in Vietnam and antitrust lawyers in Vietnam at ANT Lawyers could be of help.

 

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Languages in Arbitration Proceedings in Vietnam

What are Languages 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 10 of Vietnam Law on Commercial Arbitration, language used in arbitration proceedings resolving dispute is Vietnamese if both parties are Vietnamese or foreign language as agreed by parties if one of the parties is foreign owned enterprise.  In particular:

For disputes involving no foreign element, the language to be used in arbitral proceedings is Vietnamese, except disputes to which at least one party is a foreign-invested enterprise. When a disputing party cannot use Vietnamese, it may use an interpreter.

For disputes involving foreign elements or disputes to which at least one party is a foreign-invested enterprise, the parties shall reach agreement on the language to be used in arbitral proceedings. If they have no such agreement, the arbitration council shall decide on the language to be used in arbitral proceedings.

Arbitration lawyers in Vietnam at ANT Lawyers - 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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Industrial Design Consultant in Vietnam

 

Before a new design is launched, or sold in a new country, client company needs to ensure the Intellectual Property protection of industrial design.

Industrial Design Consultant in Vietnam

We are an industrial design consultant in Vietnam with lawyers with qualification and experience to assist client from application, protection, and dispute handling process.

ANT Lawyers IP Practice offers industrial design services as following:

-Look-up, assess and consult possibilities to register industrial design in Vietnam and abroad;

-Represent clients in applying for certificates of industrial design, record modification, extend degree of industrial protection in Vietnam and abroad;

-Evaluate the effectiveness of the certificate of industrial design registration and the possibility of industrial design rights violation;

-Implement of the protected industrial design rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;

-Negotiate, draft, evaluate and register the of changing industrial design ownership in Vietnam and abroad;

-Advise on building strategies, brand development;

ANT Lawyers offers industrial design services to protect intellectual assets through advising, searching, filing design by industrial design attorney in Vietnam.

 

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