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 Sáu, 16 tháng 3, 2018

Japanese firms interested in tourism and IT in Danang

DANANG – A delegation of Japanese businesses has visited the central city of Danang to sound out investment opportunities in the tourism and information technology (IT) sectors.

The delegation of the Japan-Mekong Business Cooperation Committee (JMBCC) comprising businesses active in tourism, aviation, IT and banking held talks with leaders of Danang City on March 14 to promote trade and investment ties.

At the meeting, JBMCC chairman Yoichi Kobayashi said Japanese firms highly valued the potential of tourism and IT cooperation with Danang. But they worry about the shortage of high-skilled workers in the city, especially those who speak Japanese.

Danang chairman Huynh Duc Tho said the city is seeking cooperation with its partners to address the worker shortage.

Tho said the city has achieved growth of about 20% in recent years, putting pressure on tourism infrastructure. He proposed Japanese businesses invest in leisure, exhibition and environmental protection projects.

The Danang leader suggested Japanese firms active in electronics, software, nanotechnology and environmental technology invest in the Danang Hi-Tech Park which offers numerous incentives to investors.

As of late 2017, US$629 million of US$3.04 billion in total foreign direct investment approvals in Danang had come from Japanese firms. The city welcomed 2.3 million foreign tourists last year, with 140,000 visitors from Japan.

Source: The Saigon Times

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Thứ Năm, 15 tháng 3, 2018

Birth Registration with Foreign Element

From January 1st 2016, the Law on Civil Status of 2014 went into effect, replacing other documents on the registration and management of civil status. Accordingly, the law has clearly defined the authority for registration and management of civil status of the Commune People’s Committee and the District People’s Committee. Commune People’s Committee in charge of the registration and management of civic status that do not have foreign element. The remaining case that have foreign element will be under the jurisdiction of registration and management of the District People’s Committee.

For the case of children born in the territory of Vietnam, whose father is foreigner and mother is Vietnamese, but the parent does not have legal marriage (in other words: illegitimate children), the competent for birth registration belongs to the District People’s Committee where the father or mother reside.
How to get a birth certificate in Vietnam

In terms of the birth registration procedure, the Law on Civil Status provides only the procedure in case that the parents of the birth registration children have legal marriage.

The remaining case that parents of the birth registration children do not have legal then according to the provisions of the Law on Civil Status, if the father wants his name to be included in the birth certificate of the children, he have to register through adoption procedure. Accordingly, the father requesting for children adoption have to submit the declaration, documents to prove paternity, copy of passport or valid documents that can replace passport to prove his identity to the District People’s Committee where the father of the children reside.

Within 15 days of receiving valid dossier, the civil status authority will carry out the verification, listed the recognition of father and children at the headquarters of the District People’s Committee within 07 consecutive days. At the same time, the Commune People’s Committee where the child resides will list within 07 consecutive days at the headquarters of the Commune People’s Committee.

After the listing has been expired, the Justice Department proposed Chairman of the District People’s Committee to decide on the recognition of the father and son. Once registering for the recognition of the father and children, Chairman of the District People’s Committee provide excerpts for the parties.

The registration procedure for recognition of father and children must be done simultaneously or be conducted prior to birth registration of the children.

How to get a birth certificate in Vietnam? Please contact our lawyers in Vietnam for advice via email or call our office at (+84) 24 32 23 27 71

Thứ Hai, 12 tháng 3, 2018

Vietnam to benefit from sweeping trade deal

Vietnam and 10 other countries including Japan and Canada signed a landmark Asia-Pacific trade pact without the United States last week in what the World Bank said would greatly benefit the Vietnamese economy.

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) will bring huge economic benefits to Vietnam, according to a World Bank (WB) report released last Friday after 11 Pacific Rim countries signed the agreement in Santiago, Chile.

The report on economic and distribution impacts of the CPTPP showed that the pact will further boost Vietnam’s investment and export-driven growth model. Even under conservative assumptions, the CPTPP would increase Vietnam’s gross domestic product (GDP) by 1.1% by 2030. Assuming a modest boost to productivity, the estimated increase of GDP would amount to 3.5%, said Ousmane Dione, the WB country director for Vietnam.

All workers are expected to benefit from the agreement, especially higher-skilled ones in the top 60% of the income distribution. Moreover, the increase in foreign investments will lead to a further expansion of the service sector and boost productivity growth, said the report.

It is also expected to create opportunities for domestic private firms to integrate into global value chains, promoting the development of small and medium enterprises.

Sebastian Eckardt, the WB chief economist in Vietnam, said the new trade agreement would bring direct benefits to Vietnam from trade liberalization and improved market access. Most importantly, it would help stimulate and accelerate domestic reforms in many areas such as competition, services, customs, e-commerce, environment, government procurement, intellectual property, investment, labor standards and legal issues.

He added that delivering commitments under the CPTPP will promote transparency and support the creation of modern institutions in Vietnam.

The CPTPP was earlier known as Trans-Pacific Partnership (TPP) from which President Donald Trump withdrew the United States shortly after he was sworn in early last year.

Chilean Minister of Foreign Affairs Heraldo Munoz called the deal a powerful signal against protectionism and trade wars. It is aimed at cutting tariffs among the member countries and removing non-tariff barriers.

The new deal consists of mechanisms to deal with disputes between governments and enterprises which allow firms to file lawsuits against governments if law amendments affect their profits.

The CPTPP comprises Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. The Asian member countries are seen reaping more benefits from the deal.

The Peterson Institute for International Economics estimated the CPTPP would increase Malaysia’s, Singapore’s, Brunei’s and Vietnam’s GDP by 2% by 2030 while the rate will be some 1% for New Zealand, Japan, Canada, Mexico, Chile and Australia.

Australian Prime Minister Malcolm Turnbull said 20 provisions initiated by the U.S. had been suspended in the freshly signed deal. Therefore, it would be hard for the U.S. to re-enter the agreement.

The trade pact is set to take effect in early 2019 after it is ratified by at least six member countries.

Vietnamese Minister of Industry and Trade Tran Tuan Anh said on the ministry’s website that Vietnam commits to open up its market, lift tariff barriers, facilitate trade, and streamline State management of market development.

Through the agreement, he noted, the competitiveness of the Vietnamese economy and businesses will be boosted. 

The pact would facilitate capital flow into Vietnam thanks to reforms in all sectors. Sectors like garment/textile, footwear, food processing, beverage, confectionery, tobacco, wine and beer will benefit most from the deal.

However, the country will have to fulfill its integration commitments, and implement reforms towards sustainable development and higher added value, Anh said.

Before the signing of the CPTPP, some other economies such as Thailand, Indonesia, the Philippines, South Korea, Taiwan and the UK. had expressed interest in joining the trade bloc. Despite the U.S. withdrawal, the CPTPP now accounts for 14% of global GDP and one-sixth of global trade, and involves 500 million consumers, even larger than the European Union’s population.

The agreement retains the high standards, economic significance and integrity of the TPP while ensuring the commercial and other interests of all the signatories. Up to 95-98% of taxes will be exempted as soon as the CPTPP takes effect, instead of five to seven years as stipulated in bilateral trade agreements.

Vo Tri Thanh, former deputy director of the Central Institute for Economic Management (CIEM), said the CPTPP would force Vietnam to make drastic legal reforms to create a more competitive business environment and prop up its competitiveness.

The 11 members reached a broad agreement lVietnam to benefit from sweeping trade dealast November and ag

Source: The Saigon Times

CPTPP Reflects Vietnam’s Commercial Global Integration

On March 9th, 2018, Minister of Industry and Trade, Vietnam Tran Tuan Anh and 10 Ministers of the Member countries signed the Comprehensive and Progressive Agreement for Trans-Pacific partnership (CPTPP) in the capital Santiago, Chile.

The historic process:

CPTPP, a new generation free-trade agreement, is established to replace TPP after the exception of U.S – the world’s largest economy. To the contrary of this situation, CPTPP still holds the high standards. This agreement will be available in 60 days after being signed by 6 of 11 member countries, including Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

Speaking after the signing ceremony, The Minister of Foreign Affairs, Chile Heraldo Munoz said: “CPTPP is an unique signal to protest the protectionism and advocating a diversified world, multilateral trade”. It is expected that CPTPP is a crucial document to set up a sample for the commercial transactions in the future.

CPTPP founded in the context of President Donal Trump’s threats to increase taxes on steel and aluminum, which impacts many countries and could create a commercial global war.

CPTPP reduces the tariff between 11 member countries which accounted for 13% of the global economy with GDP hit 10,000 billion USD, if it involved U.S, the rate was 40%.

President Chile Michelle Bachelet addressed: “We are here today can be proud of ending this process and send a meaningful message to the community that opening the market, economic integration and international cooperation are the best tool for creating opportunity and prosperity for the economy”.

U.S moved away from CPTPP and tireless efforts are rewarded:

At this time, CPTPP is the world’s largest commercial agreement. The Washington’s retreat from TPP did not give an end this agreement, with a number of efforts from members, especially Japan, has helped revive the high standard agreements in order to create new standards for global trade.

With the APEC 2017 host country role, Vietnam and Japan made efforts to put everything back in orbit. Following this, the content of CPTPP eliminated some requirements requested by U.S from the round of TPP negotiation, including the rules strengthen intellectual property protection to pharmaceutical products. Many countries and activists believe that this regulation will increase the price of drugs. A final draft of the CPTPP was announced in February 21st in New Zealand.

CPTPP retains the contents of the TPP but for some member countries postponed their obligations. It is expected that CPTPP is comprehensive, balances the interests and has the benefits of the countries too after difficult but constructive negotiations.

ANT Lawyers strives to follow CPTPP and other inter countries agreement to exploit best benefits for the clients.

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Thứ Tư, 7 tháng 3, 2018

Japanese firm hopes sun will shine on new solar power plant in Vietnam

The 50-megawatt plant will cost nearly $50 million in Vietnam’s Gia Lai Province.

A Vietnamese electricity company has signed a deal with Japanese engineering company JGC to design and build a 50-megawatt solar power plant.

The deal, signed by Gia Lai Electricity, is estimated to be worth over 5 billion yen ($47.4 million), with the facility to be set up in Gia Lai Province by November, according to the Nikkei Asian Review.

It's the second deal to be signed with Vietnam since the government introduced a feed-in tariff program in March 2017.

Vietnam is accelerating the construction of solar power plants to make up for an anticipated power shortfall due to the recent cancellation of several nuclear power projects.

The government is trying to nurture solar energy as the country's main source of electrical output. Solar power currently accounts for 0.01 percent of the country's total power output, but the government plans to increase the ratio to 3.3 percent by 2030 and 20 percent by 2050.

The cost of solar panels is falling, and the government is expected to introduce a system of buying excess solar power.

The Vietnamese government had planned to build two nuclear power plants with Russia and Japan, but the plan was cancelled in November 2016 due to the hefty up-front costs of several billion dollars for each reactor.

Investing in renewable energy is an emerging trend in Vietnam, and projects worth billions of dollars have been registered across the country.

An increasing demand for energy and limited reserves of fossil fuels are the first reasons for this new investment trend in Vietnam, said Nguyen Anh Tuan, a senior energy official at the industry and trade ministry.

With the development of new technologies, the cost of producing clean energy has dropped from VND3,500 to VND2,200-2,500 per kilowatt-hour (kWh), Tuan said.

He added that government incentives for solar power projects are another reason for this trend. The government has raised its buying price from 7.8 to 9.35 U.S. cents/kWh, while offering investors tax breaks and cutting land use fees.

Vietnam currently relies mainly on coal and hydroelectric power generation. The country is aiming to produce 10.7 percent of its total electricity through renewable energy by 2030, mainly through solar and wind energy, up from the 6 percent as previously planned.

Source: evnexpress

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Thứ Hai, 5 tháng 3, 2018

Intellectual Property remains a big challenge for Vietnam under CPTPP

At an informal meeting of representatives from 11 countries (without US) taking place on the Asia-Pacific Economic Cooperation (APEC) dated on November 10th, 2017, the parties agreed to change from Trans-Pacific Partnership Agreement (TPP) to the Comprehensive and Progressive Partnership for Trans-Pacific Partnership (CPTPP).

Accordingly, the CPTPP contains 8,000 pages of documents, but only 20 articles of the TPP agreement, including 10 articles related to intellectual property (IP) and 4 points are reserved for the parties to negotiate in next time. Each member will list its delimited list of restrictions of their country.

According to the Vietnam Minister of Industry and Trade, CPTPP still guarantees a quality agreement like TPP-12, while ensuring new equilibria for member countries. The content of the CPTPP is not only about trade, investment, but also on intellectual property (albeit temporarily postponed) and other broad areas.

With CPTPP, Vietnam may not be the most beneficiary country like the proposed TPP, but it is still very important, because it brings together many of the criteria associated with reform, particularly institutional reform, improving the investment climate, business.

Vietnam law on Intellectual Properties will need to be amended because the legal system of Vietnam’s IP is not consistent with the legal system of developed countries. The Law on Intellectual Property of Vietnam, after many proposals, has not yet been approved by the National Assembly. Meanwhile, the amended Law on Technology Transfer, though approved in June 2017, still lacks specific guidelines on technology transfer.

Intellectual property rights in the TPP not only contain general provisions and requirements relating to areas of cooperation, patents, test data, designs, trademarks, geographical indications or copyright but also focuses on the legal enforcement of this right by nations.

The CPTPP is based on agreed commitments at the TPP, which are particularly important in paving the way for Vietnamese goods to penetrate into the members’ markets.

Thứ Tư, 28 tháng 2, 2018

Brief on foreign direct investment of January 2018

Accumulated to January 20th, 2018, the country has 24,941 valid projects with a total registered capital of 320.3 billion USD. The accumulated realized capital of foreign direct investment projects was estimated at 173.9 billion USD, equivalent to 54.2% of total valid registered capital.

In January 2018 separately, total value of newly and additionally registered capital, capital contributed and shares purchased by foreign investors was 1.255 billion USD, equaling 75.9% of the same period in 2017. Realized capital of foreign direct investment projects was estimated at 1.05 billion USD, up 10.5% over the same period in 2017

I. Foreign investment in Vietnam 

1. FDI accumulation until January 2018 

Up to January 20th, 2018, the foreign investors have invested in 19 out of 21 branches in the national economic classification system, in which, processing, manufacturing industrial field accounted for the highest proportion with 187.1 billion USD, making up 58.4% of total investment, followed by real estate business with 53.2 billion USD (accounting for 16.6% of total investment capital), production and distribution of electricity, water and gas with 20.8 billion USD (making up 6.5% of total registered investment capital).

There were 125 countries and territories having valid investment projects in Vietnam. Korea ranked first with a total registered capital of 58.1 billion USD (accounting for 18.1% of total investment capital). Japan ranked second with 49.46 billion USD (capturing 15.4% of total investment), followed by Singapore and Taiwan, British Virgin Islands, Hong Kong.

FDI has been present in 63 provinces and cities in the whole country, in which Ho Chi Minh City continued to rank first in FDI attraction with 44 billion USD (making up 13.7% of the total investment capital), followed by Binh Duong with 30.4 billion USD (accounting for 9.5% of total investment), Hanoi with 27.67 billion USD (capturing 8.6% of total investment), Hanoi with 27.37 billion USD (accounting for 8.5% of total investment).

2. FDI attraction in January 2018

2.1 Performance

Realized capital

As of January 20th, 2018, foreign direct investment projects were estimated to disburse 1.05 billion USD, up 10.5% as compared to the same period in 2017.

Export and import

Export: Export of foreign investment sector (including crude oil) was 13.59 billion USD, up 33.7% as compared to the same period in 2017 and accounting for 71.5% of total export turnover. Export excluding crude oil was 13.4 billion USD, up 34.7% as compared to the same period in 2017 and accounting for 70.5% of total export turnover.

Import: Import of FDI sector was 7.8 billion USD, up 2% as compared to the same period in 2017 and capturing nearly 58.4% of total import turnover. Generally, the trade surplus of FDI sector was 5.79 billion USD including crude oil and 5.6 billion USD excluding crude oil.

2.2 Granting of investment certificate

As of January 20th, 2018, the whole country had 166 new projects granted investment certificate with total registered capital of 442.59 million USD, equaling 35.6% compared to the same period last year and 61 times of projects adjusted capital with total additionally registered capital of 456.78 million USD, up 155% over the same period in 2017. Newly registered investment capital in January 2018 decreased significantly as compared to same period in 2017 because in January 2017, there are many licensed projects with capital from 100 USD to nearly 300 million USD (accounting for over 71% of the total newly registered capital in January 2017), meanwhile in January 2018 no new projects over 100 million was licenced.

Also in January 2018, the whole country had 415 times of capital contribution and share purchase by foreign investors with a total value of the capital contribution of 356.04 million USD, up 54.7% as compared to same period of 2017. This includes 212 times of capital contribution and share purchase that increased enterprise chartered capital with the value of the capital contribution of 199.15 million USD and 203 times of capital contribution and share purchase in which foreign investors bought secondhand shares from domestic holders without increasing charter capital with the total value of capital contribution of 156.89 million USD.

Generally in January 2018, total newly and additionally registered capital and capital contributed and shares purchase by foreign investors was 1.255 billion USD, equaling 75.9% of the same period of 2017.

By investment field

In January 2018, 19 fields were invested by foreign investors, in which, processing and manufacturing industry attracted much attention from foreign investors with the total capital approximately 909 million USD, accounting for 72.4% of the total registered capital in January 2018. Wholesale and retail field ranked second with total investment capital of 90 million USD, accounting for 7.2% of total registered investment capital. Real estate business ranked third with total registered investment capital of 77.6 million UDS, capturing 6.2% of total registered investment capital.

By investors

In January 2018, there were 45 countries and territories having investment projects in Vietnam. South Korea ranks first with total investment capital of 355.6 million USD, making up 28.3% of total investment capital; Singapore ranked second with total registered capital of 199 million USD, accounting for 15.8% of total investment capital into Vietnam; Hong Kong ranked third with a total registered capital of 147.4 million USD, capturing 11.7% of total investment capital.

By investment area

In January 2018, 59 provinces and cities were invested by foreign investors, in which Ho Chi Minh City attracted the most of FDI with a total registered capital of 306.2 million USD, capturing 24.4 % of total investment capital. Hai Duong ranked second with a total registered capital of 181.3 million USD, accounting for 14.4% of total investment capital. Binh Duong ranked third with a total registered capital of 168.1 million USD, accounting for 13.4% of total investment capital.
Some large projects granted invest certificate in January 2018 are:

- Kefico Vietnam Co., Ltd., licensed in 2009 with the aim of producing spare and auxiliary parts for motor vehicles in Hai Duong, adjusted to increase investment capital by 120 million USD.
- Vina Cell Technology Co., Ltd projects, licensed in 2016 with the goal of producing the solar battery in Bac Giang province increased investment capital by 100 million USD.
- Nam Dinh Ramatex Textile and Garment Factory project with total investment capital of 80 million USD invested by Singaporean investors in Nam Dinh.
- Jotun Paint Vietnam Co., Ltd. project, licensed on January 19, 2018, with total investment capital of 70 million USD invested by Norway investors in Ho Chi Minh city.

II. Vietnam's investment abroad

In January 2018, the whole country had 6 projects granted certificates of investment registration abroad with a total investment of 6.46 million USD from Vietnam. In which, there are 3 projects in the wholesale and retail field with a total investment capital of 5.17 million USD, accounting for 80% of total investment capital. The other three projects are in the processing, manufacturing, accommodation industry and professional science and technology activities. The countries received investments from Vietnam in January 2018 are Canada, Cambodia, New Zealand, Germany, Belize, Myanmar./.

- Ministry of Planning and Investment -