Thứ Tư, 17 tháng 7, 2019

Establishing Distribution Company in Da Nang

BY Tuan Nguyen IN , , No comments


Da Nang is a city in the Central of Vietnam, with the advantage of being a trading place of many countries in the world. Da Nang has a large seaport in the top 10 large seaports of Vietnam, facilitating trading activities with many countries around the world.

At the present, Da Nang is promoting foreign investment into Da Nang, and many investors have chosen Da Nang to do business in the distribution business line. For this business line, Vietnam has committed to open up to attract 100% foreign investment. As committed, foreign-invested companies in the distribution sector will be allowed to provide commission agents, wholesalers and retailers of all products manufactured in Vietnam and legally imported products into Vietnam. Therefore, the investors can import or produce goods, then they distribute the goods in accordance with regulations.
In addition, with the increasing in the number of tourists coming to Da Nang in recent years, the demand for consumer products, fashion and other items for tourists has increased. This triggers demand that many companies to provide essential goods for tourists, and this is a great investment opportunity for investors both domestically and abroad. The investors could explore this opportunity to set up company in Da Nang and fill the market’s demand.
In addition, with many policies to support enterprises in administrative procedures, as well as management, investors can easily carry out procedures as well as manage and control their business better. Enterprises investing in Da Nang are now very satisfied with the way public services are handled in the city’s administrative procedures, therefore more and more investors are choosing Da Nang as a destination for investment when targeting in Vietnam.
ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.




Thứ Ba, 16 tháng 7, 2019

Can a trademark expire?

BY Tuan Nguyen IN , , , , No comments


Once your trademark is 10 years old, it would expire. This is a primary caveat with trademark; it only lasts for about 10 years. Once the 10 years have come close and you haven’t applied for renewal or restoration, the expiration process begins.


To that end, it is definitely important for you to either renew or restore it:

1. Trademark renewal: Application for the trademark renewal has to be applied 6 months before the expiration date has come near. Once this period is not taken heed to, the trademark shall expire and you are only left with the next measure.

2. Trademark restoration: trademark restoration takes place after the expiration date is over. How is this option? The answer is a pretty simple one! Once the trademark has been expired, the most definite and the logical way to make sure that you still have access to it are through trademark restoration. Once you apply for the restoration, you would go through the same strides as you went through when you applied for trademark registration for the first time. You would go through the initial application. This application might be objected against by the department, and you would have to file a reply for it. This restoration process also involves putting the trademark in the journal for about 4 months. Once the mark is restored, you would again receive a certificate from the department that implies the same.

To that end, it would be better if you go by the former part of renewal and don’t wait for the restoration process.
ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.


Thứ Sáu, 12 tháng 7, 2019

What is a Copyright?

BY Tuan Nguyen IN , , , , , , No comments


Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively. Those rights include:



-The right to reproduce the work
-To prepare derivative works
-To distribute copies
-To perform the work
-To display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions.

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has near carte blanche to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.






Thứ Ba, 9 tháng 7, 2019

Can you trademark your business without a lawyer?

BY Tuan Nguyen IN , , , , No comments


You don’t need a lawyer to trademark your business, but you must become competent to do the following:


-Complete a due diligence search to make sure that you (and only you) have the right to use the trademark or service mark;

-Determine if you should file a registration for the mark as a federal mark before the USPTO or a state mark with your secretary of state;

-Determine the international class or classes that you should include in your application for registration;

-Describe the goods and services that you are providing according to the international class or classes; and

-Complete the paperwork or electronic filing for the application for registration with the appropriate agency.

If you are or can become competent to do each of these, then you don’t need a lawyer to trademark your business and/or the offerings provided by your business.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
We assist our clients in all steps of the prosecution phase of IP management. 




Chủ Nhật, 7 tháng 7, 2019

Possible Anti-dumping Investigation on Biaxial Oriented Polypropylene (BOPP) Film Products

BY Tuan Nguyen IN , , No comments


According to Trade Remedies Authority of Vietnam (Ministry of Industry and Trade), they received the dossier on the request of investigation of applying the use anti-dumping measures on BOPP made in China, Thailand and Malaysia from 2 companies are Hung Nghiep Formosa Co.,Ltd and Youl Chon Vina plastic Joint stock company.


On June 12th, 2019, the requesting party submitted information and request, and on June 26th, 2019, the investigation authority confirmed that the dossier is valid and acceptable.
During 45 days from the day confirmation of the full and valid of the dossier; investigation organization will evaluate the dossier then submit Minister of Ministry of Industry and Trade to check and decide to investigate or not.
In case there is a basis, evidence that the dumping behavior of the product mentioned above, the investigation authority will conduct an investigation to determine the dumping margin, the investigation period is determined to be 12 months, in special cases, the investigation authority may determine another investigation period but not less than 06 months. The period of investigation is at least 03 years and includes the entire investigation period to determine dumping behavior, so the investigation period for BOPP products during this period is 2016, 2017 and 2018.
After an investigation decision is made, the investigation authority will send the questionnaire to the related parties within 15 days. During 30 days from the date of receiving the questionnaire to the related parties. The related parties must answer fully to the questionnaire in writing and return it to the Investigation Department.
After obtaining the answers from the related parties, the Investigating Department will check, consider whether to apply anti-dumping measures on BOPP products.
ANT Lawyers, which is a law firm in Vietnam, specialize in anti-dumping and international trade.



Thứ Năm, 4 tháng 7, 2019

How to set-up branch ofifce in Vietnam?

BY Tuan Nguyen IN , , , No comments


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

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 its Branch in Vietnam.
ANT Lawyers is a  Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150  juridictions. The firm provides a range of legal services as following to multinational and domestic clients.




Thứ Tư, 3 tháng 7, 2019

EU- VIETNAM Free Trade Agreement (EVFTA) and Investment Protect Agreement (IPA)

BY Tuan Nguyen IN , No comments


On June 30, 2019 the European Council (EC) and Vietnamsigned the EVFTA and IPA. This is the largest free trade Agreement which Vietnam signed which reaches 28 economies European countries.


EVFTA is separated into two agreements, including Trade agreement and Investment agreement. In August, 2018, EU announced the official document of the Free Trade Agreement (EVFTA) and the Investment Protection Agreement (now called EVIPA). EVFTA is a comprehensive agreement, high-quality agreement, balancing the benefits for both Vietnam and EU, and in accordance with the provisions of the World Trade Organization (WTO).

The first, EVFTA includes 17 chapters, 2 Protocol and notes which are cover i.e. trade in goods (include general procedures and commitment to market opening), Rules of origin, custom and trade facilitation, the Safety and Health Protection (SPS), Technical Barriers to Trade (TBT), commercial services (include general procedures and commit to market opening), investment, trade defense, competition, national enterprises, Government procurement, Intellectual property, Commercial and Sustainable Development, cooperation and capacity building, legal-institutional issues.  Of which, the important parts are in the trade in goods, services fields which EU will abolish about 85,6% the import tax, equivalent to 70,3% the Vietnam’s export turnover after this Agreement is effective. Therefore, most of the products and services exported to Europe, taxes will be abolished. For products and services that are not eligible for incentives, within 7 years after this Agreement takes effect, the EU will abolish import duties on 99.2% of tariff lines equivalent to 99.7% of Vietnam's export turnover. The remaining 0.3% of export turnover will be committed by the EU with tariff quotas with the import tax rate in the quota of 0%.

Goods which are exported from EU to Vietnam will enjoy preferential tariffs. Vietnam will abolish the tariffs bases on each specific timeline, after the Agreement has valid.  Vietnam will abolish the tariffs or 48,5% the tariffs (equivalent to 64,5% import’s turnover). After 7 years, Vietnam will abolish 91,8% the tariffs equivalent to 97,1% export turnover from Vietnam to EU. After 10 years, the level of abolished tariffs will be 98,3% tariffs (equivalent to 99,8% import’s turnover).

Further, Vietnam and EU agree with the contents related to custom procedure, SPS, TBT, trade defense, etc. and make a legal framework for the two parties to cooperate and facilitate export and import of the enterprises.

The fields which Vietnam has a favorable commitment to EU investors include a number of professional services, financial services, telecommunications services, transport services, distribution services. The two sides also made commitments on national treatment in the field of investment, and discuss about the the ways to handle the disputes between investors and the state.

The IPA includes the contents as follow:

The first, the parties commit to give the national treatment and most favored nation treatment with the investment of the other Party's investor, with some exceptions, as well as fair, satisfactory treatment, safe and adequate protection, allowing the freedom to transfer capital and profits from overseas investments, commit to not expropriation, nationalization of assets by investors without adequate compensation, commit to compensate for damages to the investor of the other party similar to domestic or third party investors in case of losses due to war, riots, etc.

Second, in the case of dispute between a party and the Investor of the remaining party, the parties agree to handle the dispute based on the discussion and mediation, reconciliation. In the case the dispute can not be handled by discussion and mediation, reconciliation, the parties will use the specific ways regulated under this Agreement.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150  juridictions. The firm provides a range of legal services as following to multinational and domestic clients.