When Arbitration Could Settle a Dispute in Vietnam?

When Arbitration Could Settle a Dispute in Vietnam?

Under the Law on Commercial Arbitration effective Jan 1^st, 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.

Arbitration Lawyers in Vietnam

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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What are Prohibited Act in Customs in Vietnam?

According to Article 10, Customs Law in Vietnam, prohibited acts in customs in Vietnam are:

1. For customs officials:

-Causing troubles and difficulties when following customs formalities;

-Screening or colluding with others in smuggling or illegally transporting goods across the border, committing trade or tax fraud;

Customs lawyers in Vietnam

-Taking bribes, appropriating or embezzling temporarily seized goods or other acts for self-seeking purposes;

-Other violations against the law on customs.

2. For customs declarants, entities with rights and obligations related to import, export and transit of goods, or exit, entry and transit of vehicles:

-Committing fraudulent acts in carrying out customs formalities;

-Smuggling or illegally transporting goods across the border;

-Committing trade or tax fraud;

-Giving bribes or other acts for self-seeking purposes;

-Obstructing customs officials in performing their official duty;

-Hacking, falsifying or destroying the customs communication system;

-Other violations against the law on customs.

-Our customs lawyers always follow development of customs law in Vietnam to provide the client with update.

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What Are Prohibited Acts Under the Law on Cyber Information Security?

The Law on Cyber Information Security has been promulgated in 2015.   According to Article 7, Law on Cyber Information Security, prohibited acts are:

1.Blocking the transmission of information in cyberspace, or illegally intervening, accessing, harming, deleting, altering, copying or falsifying information in cyberspace.

Cyber information law firm in Vietnam

2.Illegally affecting or obstructing the normal operation of information systems or the users’ accessibility to information systems.

3.Illegally attacking, or nullifying cyberinformation security protection measures of, information systems; attacking, seizing the right to control, or sabotaging, information systems.

4.Spreading spams or malware or establishing fake and deceitful information systems.

5.Illegally collecting, utilizing, spreading or trading in personal information of others; abusing weaknesses of information systems to collect or exploit personal information.

6.Hacking cryptographic secrets and lawfully enciphered information of agencies, organizations or individuals; disclosing information on civil cryptographic products or information on clients that lawfully use civil cryptographic products; using or trading in civil cryptographic products of unclear origin.

Our cyber lawyers always follow development of laws in Vietnam to provide the client with update.  Please contact ANT Lawyers for service inquiries.

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What Are Patent Owner’s Right?

According to Vietnam Law on Intellectual Property, patent owner’s rights are:

To use, transfer or authorize others to use industrial property objects according to the provisions.

Vietnam patent

-Use of industrial property objects

-Use of an invention means the performance of the following acts:

-Manufacturing the protected product;

-Applying the protected process;

-Exploiting utilities of the protected product or the product manufactured under the protected process;

-Circulating, advertising, offering or stocking for circulation the products or the product manufactured under the protected process;

-Importing the product or the product manufactured under the protected process;

To prevent others from using industrial property objects;

To dispose of industrial property objects according to IP Law of Vietnam.

Our patent lawyers in Vietnam always follow development on law on Intellectual Property to provide our client with update.

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ANT Lawyers Received Visiting Guests from Fintech Industry on Jun 6th, 2018

On Jun 6th, 2018, ANT Lawyers received at its office in Ho Chi Minh City investors, directors, from fintech companies, venture capital, education organization, whom are interested in market and legal environment of fintech investment in Vietnam.

 Fitech lawyers in Vietnam

Visiting guests include Cynthia Ding, Co-founder of Yincubator (Singapore), an Venture Capital based in Singapore, Liu Si Wei (David) and his colleague Li Yuan from China’s biggest P2P financial institution Finup’s  International Investment department, Lai Wen Tian, partner of ShouYi Capital, a VC based in China, representatives from PBC School of Finance, Tsinghua, Li Yufu and Lin Xibang, founders of 7.5 Degree, one the most influential media platforms that share Southeast Asia’s Startup news to the Chinese reading world, incubated by the most prestigious financial media platform in China.

Mr Tuan Nguyen from ANT Lawyers share with visitors the fintech market in Vietnam and legal environment that impact the operation of business. The questions and answers session address practical matters and opinions on government’s perspective toward the innovative way in design and delivery of financial services in intermediary payment, peer to peer lending, blockchain technology…Concerning matters include company establishment, license, permits, legal compliance, Intellectual Property (copyright, patent, trademark), Telecommunication, Cyber security.

It is hoped that, the investors will be capitalizing on the opportunities in Vietnam to make investment to launch products and services that meet the demand of young population with high ratio of internet and smartphone usages.

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How Can IPR Holder Protect Intellectual Property Rights?

An intellectual property right holder shall have the right to apply the following measures to protect the intellectual property rights of such holder in Vietnam:

To apply technological measures to prevent acts of infringement of its intellectual property rights;

To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such act, make a public apology or rectification, and pay damages;

To request the competent State body to deal with acts of infringement of its intellectual propertyrights in accordance with the provisions of this Law and other relevant laws;

To initiate a lawsuit at a court or a claim at an arbitration centre to protect the legitimate rights and interests of the holder.

Organizations and individuals who suffer loss and damage caused by acts of infringement of intellectual property rights or who discover acts of infringement of intellectual property rights which cause loss and damage to consumers or society shall have the right to request the competent State body to deal with such acts in accordance with the provisions of this Law and other relevant laws.

Organizations and individuals who suffer loss and damage or who are likely to suffer loss and damage caused by acts of unfair competition shall have the right to request the competent State body to apply the civil remedies stipulated of IP Law and the administrative remedies stipulated in the law on competition.

Our Intellectual Property Lawyers in Vietnam always follow development in IP Laws to provide client with update

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What are Remedies of Intellectual Property Infringement in Vietnam?

Any organization or individual who commits an act of infringement of the intellectual property rights of another organization or individual shall, depending upon the nature and seriousness of such infringement, be dealt with by the application of civil, administrative or criminal remedies.

Intellectual Properties Rights in Vietnam

In necessary cases, the competent State body may apply provisional urgent measures, measures to control intellectual property related imports and exports, preventive measures and measures to secure enforcement of an administrative penalty in accordance with the provisions of this Law and other relevant laws.

Our Intellectual Property lawyers in Vietnam always follow changes in IP Law to provide clients with update.

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