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 Hai, 16 tháng 7, 2018

What Documents Required to File Petition by Arbitration in Vietnam?

According to Article 30 of Vietnam Laws on Commercial Arbitration, petitions and enclosed documents for initiating dispute by arbitration in Vietnam will be submitted as following instructions:

When a dispute is settled at an arbitration center, the plaintiff shall file a petition at the arbitration center as agreed. When a dispute is settled by ad hoc arbitration, the plaintiff shall make a petition and send it to the defendant.


The petition contains the following details:

1.Date of its making;

2.Names and addresses of the parties; names and addresses of witnesses, if any;

3.Summary of the circumstances of the dispute:

4.Grounds and evidence for initiating the lawsuit, if any:

5.Specific requirements of the plaintiff and the value of the dispute:

6.Name and address of the person whom the plaintiff selects as arbitrator or requests to be designated as arbitrator.

Enclosed with the petition shall be the arbitration agreement and the originals or copies of relevant documents.

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Thứ Năm, 12 tháng 7, 2018

What Documents and Evidence Should be Required to Arrest or Release Ship from Arrest?

According to Article 134 of Vietnam Law on Maritime, the requester needs to provide documents and evidence attached with a written request for arrest of ships or a written request for release of ships from arrest. 

Upon filing a request for arrest or release of ships, the person requesting such arrest must file a written request for arrest of ships or a written request for release of ships from arrest, enclosing documents and evidence stating that such request or release of ships is sound and legitimate.


Where documents about and evidence for a request for arrest or release of ships from arrest are all written in a foreign language, a Vietnamese translation copy must be submitted and legally authenticated in accordance with Vietnamese legislation. With respect to documents and papers created, issued and certified by a foreign competent authority in accordance with such foreign country's laws, the consular legalization is required, except when this consular legalization process is exempted in uniformity with international agreements to which the Socialist Republic of Vietnam is a party.

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Thứ Ba, 10 tháng 7, 2018

H1 foreign investments in property exceed 2017

Foreign direct investment (FDI) capital pledged for Vietnam’s property market in the year’s first half witnessed a big surge and was higher than total pledged capital of the entire year of 2017, according to national investment data.

Data of the Ministry of Planning and Investment’s Foreign Investment Agency shows that the property sector attracted the second highest registered FDI capital in January-June with over US$5.5 billion, or over 27% of total registered capital in the period. Meanwhile, last year recorded only US$3.05 billion pledged for the sector, equivalent to some 8.5%.


Among large-scale property investments is the smart town project worth more than US$4 billion in Hanoi’s outlying district of Dong Anh. Developed by a Japanese investor, it is the most capital-intensive FDI project in the six-month period.

Another big investment is the Lotte Mall Hanoi project by a South Korean investor. This US$600-million project is a complex comprising shopping mall, hotel, office space and apartment functions.

Amata Vietnam earlier got licensed to construct an industrial city in the northern province of Quang Ninh. The 714-hectare project is an expansion to the north by the company after successfully developing Amata City Bien Hoa in the southern province of Dong Nai, which has attracted 165 investors from over 20 countries and territories.

Commenting on the property market in the year’s first half, deputy managing director of Savills Vietnam Troy Griffiths said that the stable macro-economic development has given a boost to the domestic market and FDI attraction. Foreign investors have still showed interests in Vietnam’s property market.

Besides direct investments, foreign indirect investments have increased via mergers and acquisitions (M&A) and stake purchases at domestic businesses or developed projects.

M&A activities have been quite busy in the past time. Notably, Japan’s Nomura Real Estate has acquired a 24% stake in Sunwah Tower, a 22-level office building located right in the heart of HCMC. This is the first grade-A office building in Vietnam that Nomura has invested in.

Vingroup’s Vinhomes last April signed a deal with Singaporean investment fund GIC Private Limited, under which the latter will invest US$1.3 billion via acquisition of Vinhomes shares and provision of a debt-like instrument to implement projects.

The central bank’s measures to restrict property lending, control bad debts and maintain credit growth have made domestic investors seek other capital sources, including via M&A.

Meanwhile, in the eyes of foreign investors, the domestic property sector still holds potential for growth. High profitability has kept Vietnam appealing to investors in comparison to regional rivals.

According industry experts, this year may see a new record of M&A transactions in the property sector. This investment model is getting more popular when combining strengths of parties involved, which are financial capabilities and experience of foreign investors and domestic enterprises’ understanding of investment procedures and ownership of large land sites.

Su Ngoc Khuong, head of investment at Savills Vietnam, noted that investment and M&A activities are mainly carried out by investors from Asian countries, particularly Singapore, South Korea, Malaysia, Japan, Hong Kong and China.

Source: The Saigon Times
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Thứ Sáu, 6 tháng 7, 2018

Which Court Could Grant a Decision to Arrest a Ship in Vietnam?

According to Article 130 of Vietnam Maritime Law, the following courts could issue decision to arrest a ship in Vietnam.

The People’s Court at the level of a province where the seaport at which a ship subject to a request for arrest of a ship is having marine operations is located shall be vested with authority to grant a decision to arrest that ship.


Where a seaport has different port terminals located within different centrally-affiliated cities and provinces, the People’s Court at the level of a province where the seaport at which a ship subject to an arrest request is having marine operations is located shall be vested with authority to grant a decision to arrest that ship.

The People’s Court that is dealing with a civil case, or the People’s Court at the level of a province where the Arbitration Council is resolving any dispute, shall be accorded authority to impose an arrest of a ship as an interim injunction.

The Chief Justice of the People’s Supreme Court shall consider and decide whether the lower Court has been accorded authority to grant a decision on arrest of a ship in the event that there is any dispute over jurisdiction between the People’s Courts at the provincial level.

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Thứ Tư, 4 tháng 7, 2018

What are Prohibited Acts in Marine Operations in Vietnam?

According to Article 12 of Vietnam Maritime Law, the acts prohibited in marine operations in Vietnam are grouped in activities that negatively impact national security, people, traffic, environment, in particular:

Harm or pose threatened harms to national sovereignty and security.

Carry people, goods, baggage, weapons, radioactive substances, hazardous discarded substances and narcotics in contravention of laws.


Intentionally create obstacles which can pose dangers or obstructions to marine traffic.

Use and operate ships which have not been registered or inspected or exceed the validity duration of registration and inspection; use counterfeit registration and inspection.

Refuse to participate in marine search and rescue activities if practical conditions permit.

Cause environmental pollution.

Infringe upon life, health, honor and dignity of persons aboard ships; embezzle and intentionally damage or ruin property aboard ships; take flight after causing any shipwreck.

Cause the public disorder, impede or react against implementation of duties of law enforcers on board ships and at seaports.

Destroy, damage, disassemble or steal components, parts, raw materials, building materials and equipment of marine construction works.

Damage, destroy and intentionally move or reduce the efficacy of marine signaling systems.

Explode bombs or other explosive materials within the boundaries of a seaport, port water area or navigational channel without authorization granted by competent authorities.

Illegally build and operate seaports and other structures within the planned boundaries of approved seaports, navigational channels and within the protective enclosure of marine structures.

Develop construction projects which may reduce or eliminate effects of marine structures.

Commit abuse of title, position and authority to contravene regulations on port authority; abet and screen persons who commit violations against maritime laws from any punitive measures.

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Chủ Nhật, 1 tháng 7, 2018

When Arbitration Could Settle a Dispute in Vietnam?

Under the Law on Commercial Arbitration effective Jan 1st, 2011, and other guidance, in principle, arbitration could only be used in disputes among parties which arise from commercial activities, disputes among parties at least one of whom conducts commercial activities, and other disputes among parties which are stipulated by law to be settled by arbitration in Vietnam. Lawyer should be consulted for arbitration from drafting arbitration agreement to resolving the arisen dispute.


Arbitral tribunals are entitled to resolve the disputes mentioned above if the concerned parties have a valid arbitration agreement agreed, before or after the dispute arise.

When the court is requested to resolve one of the disputes of the above types which a valid arbitration agreement exists, the court shall examine documents enclosed with the petition to determine and if the court finds that the dispute is under an arbitration agreement and such arbitration agreement is valid the court shall issue a decision to terminate the adjudication, return the petition and documents.

The dispute shall be handled by the court though it is under an arbitration agreement, unless otherwise agreed by the parties concerned or prescribed by law: the court issues a decision to annul the arbitral award or the decision made by the arbitral tribunal; or there is a decision to suspend the arbitral tribunal or arbitration center from resolving disputes; or the arbitration agreement is not viable.

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Thứ Năm, 28 tháng 6, 2018

M&A market in HCMC hits US$2.5 billion in Jan-May

Capital contribution and share purchases by foreign investors via mergers and acquisitions (M&As) in HCMC amounted to some US$2.5 billion during the year up to late May, 3.6 times higher than the value of foreign direct investments, according to the HCMC Department of Planning and Investment.

Foreign investors conducted 1,130 M&A deals with local companies in the January-May period, said Le Thi Huynh Mai, deputy director of the department.

This period also saw 354 fresh FDI projects, whose registered capital was roughly US$403 million, and 98 operational FDI projects adjusting up their investment capital by nearly US$278.4 million.


HCMC was the most attractive destination for foreign investors pouring funds via capital contribution and share acquisition transactions.

Earlier, according to the Foreign Investment Department under the Ministry of Planning and Investment, foreign investors carried out 2,340 transactions to contribute capital and acquire stakes in local firms with a combined value of US$2.75 billion during the year up to May 20, up a hefty 53.5% from a year earlier.

They included 1,117 transactions to raise the chartered capital of companies worth US$1.58 billion, and 1,224 deals worth US$1.17 billion to buy domestic stakes without increasing the chartered capital.

HCMC took the lead in terms of M&A deals last year. Data from the Foreign Investment Department showed foreign investors injected US$6.19 billion into capital contribution and share acquisition, of which the city accounted for a staggering 60% of the amount.

This trend is expected to see a steep rise in the coming time. Su Ngoc Anh, director of the HCMC Department of Planning and Investment, noted at a previous meeting that his agency would pay more attention to this kind of investment, especially those transactions in the local retail sector.

As the city is a major, dynamic market and has many effective operating companies, more foreign investors have felt encouraged to have a presence there, according to analysts.

The municipal government has also created favorable conditions for foreign investors to contribute capital and acquire stakes through quick procedures, thereby spurring such investments.

Notably, the Government’s Decree 60/2015 allows foreign investors to increase their ownership in many listed and public companies from 49% to 100%, except for those active in conditional business sectors.

In addition, they have seen more opportunities emerging, especially with the Government’s determined efforts to equitize State-owned enterprises to divest State stakes from noncore business operations.

Source: The Saigon Times