Tax Obligations of Representative Offices in Vietnam

Foreign entities have found Vietnam as an increasing attractive destination for investment.  They could consider entering Vietnam in various forms, including setting up representative offices. “A representative office is a dependent unit of the enterprise, having the task of representing under authorization the interests of the enterprise and protecting such interests” (Clause 2 of article 45, Law on Enterprises 2014). “Representative...

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What is plagiarism?

Plagiarism means claiming other's ideas as one's own. It means taking information or ideas from other writers and using them in one's own work without acknowledging the source appropriately. Mostly the University students seem to have faced the issue of plagiarism as they use other's works without citing or acknowledging them either by intention or due to lack of knowledge on the importance of quoting or citing. Since it is a serious academic...

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Forms of Disputes and Approaches to Settlement

Dispute in Vietnam could be between parties in business transaction, foreign investors and Vietnam government, or between countries in implementing international treaties. The formation of market economy in Vietnam took place in the context of the development in the width and depth of the economic ties at a significant fast pace that make Vietnam an important part of the world supply chain.  Vietnam suppliers could sell the goods and...

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Dispute Settlement in International Trade

In international trade, when drafting international contracts, the parties usually focus on the terms of payment and expense but little attention to terms of dispute settlement. Thus, the parties should be aware that the disagreements and disputes can arise at any time. Therefore, in the process of concluding an international economic agreement, the parties should note the provisions on the selection methods of dispute settlement if a dispute...

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What is intellectual property protection?

In short an intellectual property protection is a protection which prevents someone from stealing your creation. There are many types of intellectual property protections, so you can be lost in choosing the protection which fits the best your creation. Indeed, depending on your type of creation, you can have: -An automatic protection; -A protection you have to apply for; -An non-disclosure agreement. -Automatic protections : Copyright...

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How to Prepare and File a Lawsuit in Vietnam?

If two parties have a dispute over a commercial matter in Vietnam, they should try to resolve disputes through negotiation, or mediation before considering to file a lawsuit against the other at a court in Vietnam. To implement their right to sue, the plaintiff must prepare and submit the claim at the competent court in Vietnam.  The dispute lawyers in Vietnam with experience and understanding the litigation process...

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How do intellectual property rights work?

The phrase intellectual property (IP) refers to the bundle of legal rights that arise from the creative genius of the human mind. IP rights play an important role in the economic prosperity of a country and serve as a motivating force for creative individuals to share their genius with society. When most people think of intellectual property rights, patents, trademarks and copyrights come to mind. This...

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ANT Lawyers Participating in GMS Rail Expansion Summit in Hanoi

Railway infrastructure project will be a huge opportunity for Vietnam to connect with neighboring countries, promote trade growth. Huge financial sources will be needed. For government’s perspective, support from private sector will be encouraged through policy, and laws on Public Private Partnership which will be drafted to replace Decree 15/2015/ND-CP promulgated since 2015. From private sector’s perspectives, investment into infrastructure will...

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Which IP Matters of Concern Engaged into Outsourcing Marketing Campaign?

It is undoubted that time is a “precious commodity” when you are running business, however marketing your brand can take up plenty of your time. Earning the awareness, respect and trust of your Client at the beginning of your business by a marketing agency is quite effective. However, which Intellectual Property issues should be paid attention to? Are you owner of the marketing content or designs of logo? Which IP rights should be...

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Is it an infringement in copyright if you take a picture of a photo of yourself?

Is it an infringement in copyright if you take a picture of a photo of yourself? If so, why? The fact that it is a photo of you is irrelevant. If you take a photograph of another photo then there would be certain creative decisions you would make, such as lighting, angle, white balance, contrast, and medium that make the resultant photograph a derivative work, with two copyrights, one for the underlying original work and another...

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Challenges in Preparing Documents for Representative Office Application

The representative office (RO) is a popular foreign investment vehicle which investors utilize when wishing to enter the Vietnamese market without committing too much investment.  The representative office could help the foreign entity to hire local employee to carry out market research, business promotion. A foreign company wishes to establish a representative office in Vietnam must submit an application dossier for a license...

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Can you copyright your name?

That does not serve a public interest, so no, copyright law does not support that. Consider: copyrighting names would mean that people that are charged with ethical violations, crimes, or just dirty play could not be discussed in the news. Exxon, for instance, could just copyright their name and then prohibit any news media from discussing them by name. Copyright only protects “creative works”, such as books, news articles, TV...

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Contract Dispute in Vietnam

Disputes in contract performance and solutions Disputes occur during contract performance are beyond the control of the entity entering contractual relations. In developed countries, lawyers always invited to advise customers to identify potential disputes, and provide solutions, support and provide legal advice and to accompany the enterprises solve disputes in accordance with the provisions of the law, which help businesses to focus on its business...

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