Food and Food supplements registration in Vietnam | ANT Lawyers

 Proclamation of quality specifications of imported food and food supplements

To ensure imported food and food supplements are safe to eat, as well as to protect consumer through the control of imported food and food supplements quality, the Vietnam Food Registration Agency requests the imported food and food supplements to be complied with the proclamation standard procedures.

ANT Lawyers is capable to carry out proclamation of quality specifications procedures in Vietnam for clients being manufacturers, importers and distributors.

ANT Lawyers services include:

- Provide consulting advice relating to proclamation of quality specifications of products.

- Act as authorized representatives to draft documents, filing of statement with the competent State agencies.

- Provide consulting advice to overcome the problems arising in the course of registration;

- Act as authorized representatives to draft documents, filing of application at the competent State agencies.

- Authorized representatives to draft documents, filing for certificate extension at the competent State agencies.

A number of documents to be provided:

- Products specifications;

- Product label;

- Samples;

- Copy of the business registration certificate;

- Certificates of Good Manufacturing Practice (GMP), Hazard Analysis and System Critical Control Point (HACCP);

- Certificate of Free Sale or Health Certificate;

Power of attorney;

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Cosmetics Safety Requirement in Vietnam | ANT Lawyers

Cosmetics safety has always been concern when such are on sale in an open market.

Compatible with the Combination Convention in the cosmetic management which has been signed by countries are member of the Association of Southeast Asian Nations on September 2nd, 2003 (ASEAN Cosmetic Convention), Vietnam law not only requires the organization or the individual which delivers the product to the market must guarantee that its product shall be harmless for people’s health when exerted in normal or appropriate conditions supplied by the producer or the owner, but also requires the producer or the owner to have obligation in evaluating the safety of every cosmetic product in accordance with the ASEAN safety norm. Besides, the heavy metal limit and the microorganisms in the cosmetic must satisfy the ASEAN’s requirements. The cosmetic Ingredients must satisfy the Appendix requirements (Annexes) – new version of the ASEAN Cosmetic Convention.

This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Law firm in Hanoi, Law firm in Ho Chi Minh City and Law firm in Da Nang.

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How to Close a Business in Vietnam? | ANT Lawyers

All corporations, companies, partnerships, branch offices, representative offices and other business entities are legal entities in Vietnam which can only be dissolved through formal procedures.

I. What are the major challenges with closing a business in Vietnam?

The main thing to remember throughout the process is that the dissolving company, a branch office or a representative office, one should pay close attention to the involvement of all key stakeholders, i.e. the employees, customers, creditors, business partners and relevant authorities.

The following are key information to gather for thorough analysis

1. Company size in terms of capital and number of employees?

2. Enterprise’s business sector?

3. Tax invoice usage declaration?

4. Annual profit?

5. Compliance with tax procedures?

6. Administrative violations in the field of taxation?

7. Any outstanding tax?

8. Tax document filing records?

9. Other tax matters?

II. What does the dissolution process involve?

Once an analysis has been through, the next procedures mostly deal with reporting and submitting the relevant documents to the various regulatories and tax authorities at each step of the process, terminating contracts, liquidating assets and settling liabilities, and general administrative work such as returning the corporate seal, registration certificates, and having the company’s name removed from the system of the license authorities.

III) How to prepare document to close a business in Vietnam?

1. Documents submitted to the licensing authority in Vietnam:

a. Liquidation notice of enterprise;

b. Minutes of the meeting of Management Board / Board of Directors decided on the dissolution of enterprises;

c. The company’s decision on liquidation;

d. Report on enterprise asset liquidation;

e. The list of creditors and the paid debt;

f. Documents evidencing that enterprise has fulfilled all of its tax;

g. Confirmation on social insurance for employees after the dissolution decision;

h. The seal and certificate of seal sample registration.

2. Documents submitted to the tax authority in Vietnam:

a. Liquidation notice of enterprise;

b. Minutes of the meeting of Management Board / Board of Directors decided on the dissolution of enterprises;

c. The company’s decision on dissolution;

d. Audit reports and tax settlements;

e. The financial statements for the year to date the decision on dissolution;

f. The company’s tax liabilities audited by tax authority;

g. Verification of tax obligations of the enterprise.

Closing a business in Vietnam might be a lengthy process and more complicated than setting up a company in Vietnam. Sometimes, it is important to make a decision to exit and start a new venture. As a law firms in Vietnam, we do assist clients to close the business, exit the investment and deal with pending issues with licensing authorities including department of planning and investment, department of labour, tax bureau and others.

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What Are Advantages Resolving Disputes by Commercial Arbitration? | ANT Lawyers

Commercial arbitration is a method of settling disputes selected by the parties and conducted in accordance with law. Compared with other method of dispute resolution such as mediation, negotiation, court litigation, dispute resolution by commercial arbitration also has advantages and disadvantages.

In accordance with Vietnamese law and international law, the method of dispute resolution by commercial arbitration also stems from the agreement of the parties on a voluntary basis. However, the difference between these methods is that the settlement of disputes through arbitration will be governed by the Commercial Arbitration Law. The parties are allowed to agree on appropriate arbitration selection, either before or after the dispute arises.

The practice of applying commercial arbitration law in resolving disputes presents some advantages:

Firstly, this is a method of resolving disputes on the principle of confidentiality if the parties do not agree otherwise. This is an advantage that all claimants respect because it limits the disclosure of business secrets, and keeps the credibility of the parties.

Secondly, the decision of the arbitrator is final, binding on the parties and the right to appeal in this case is invalid. The trial at Commercial Arbitration takes place only at one trial level, which the trial at the Court is at two levels. Therefore, it creates a premise for the following advantages.

Thirdly, the settlement of disputes arising through commercial arbitration shows flexibility while shortening the proceedings thereby contributing to saving time and effort of the parties.

Fourthly, the settlement of disputes by arbitration is not territorially limited so the parties may agree to choose any arbitrator to resolve their disputes.

However, the competing parties also need to pay attention that the choice of arbitration method also reveals some disadvantages such as: The enforcement of arbitral awards depends heavily on the willingness of the parties to the dispute. If the party who is serving the judgment does not voluntarily follow the arbitral awards and does not request to cancel the arbitral award after the expiration of the time limit for enforcing the arbitral award, the judgment-executing party may send a written request to the civil judgment enforcement agency for judgment execution.

In addition, one of the disputing parties may submit a request to the Court to cancel the arbitration award when encountering one of these following conditions: (i) There is no arbitration agreement or the arbitration agreement is invalid; (ii) The arbitration council’s composition or procedures of arbitral proceedings does not comply with the parties’ agreement or regulations; (iii) The dispute falls beyond the arbitration council’s jurisdiction: when an arbitral award contains the details falling beyond the arbitration council’s jurisdiction, such details shall be cancelled; (iv) The evidence provided by the parties on which the arbitration council bases to issue the award is counterfeit: an arbitrator receives money, assets or other material benefits from one disputing party, thus affecting the objectivity and impartiality of the award; (v) The award contravenes the fundamental principles of Vietnamese law.

Finally, when the parties choose to resolve their disputes by arbitration method, the costs are relatively higher than in the proceeding of court litigation.

At ANT Lawyers, our trial lawyers with accreditation in national and international arbitration practice could help providing legal advice in disputed matters, and guide the clients throughout the process. The lawyers could also advise the clients on various matters from choice of arbitrator, choice of arbitration rules, ad-hoc or institutional arbitration, place of arbitration, enforcement of arbitral award.

Employees as well as the labor collective and employers should pay attention to selecting the most appropriate and optimal resolution solution when labor disputes occur. It is also suggested to consult with labour lawyers of law firm speacializing in employment matters for efficiency.

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Solutions to Identify Counterfeit Goods and IP Violations from the Experience of Korea | ANT Lawyers

 Currently, counterfeit products and product infringing intellectual property rights happening in Vietnam are very popular and diverse in types. This situation not only affects domestic production and trade but also has a negative impact on close business partners of Vietnam, including Korea. In many cases, the infringed parties have been seeking help from IP lawyers in Vietnam for advice.

With cultural compatibility, Korean products such as fashion, home appliances, cosmetics, and functional foods are very popular and widely consumed in Vietnam. Therefore, with the quick grasp of this trend, the products of Korean enterprises have become the subject of counterfeiting. Besides, with the development of e-commerce channels, these counterfeit products quickly reach consumers, affecting the interests of consumers in Vietnam and Korean enterprises.

Moreover, with technology, forgery is increasingly done in a very sophisticated way from the packaging, share, and the color of the counterfeit products. Therefore, without a method of comparison and inspection, it is difficult for consumers to detect the product as a fake. This causes great damage to Korean enterprises not only the market share, but also the value of reputation and intellectual property rights being violated.

Besides, the Covid-19 pandemic makes people in Vietnam more inclined to buy goods online. This is an opportunity for individuals and organizations that counterfeit products to easily reach out to consumers without being detected and punished.

In addition, although Vietnam has a mechanism to enforce intellectual property rights, these regulations have not been thoroughly applied. Therefore, many individuals and organizations making counterfeit goods and infringing intellectual property still continue to violate without being caught. Meanwhile, consumers still have to pay to use bad quality products.

With the support of Korean businesses, Vietnam authorities will continue to improve their capability in identifying counterfeit goods and goods infringing on intellectual property. Therefore, an exchange between Korean businesses and the General Department of Market Management of Vietnam is necessary in providing methods to detect counterfeit goods and intellectual property violations for Vietnam agencies to exchange support, raise awareness of intellectual property rights protection, and provide information on intellectual property rights for Korean businesses in Vietnam. It is expected that Vietnam intellectual property enforcement agencies improve their efficiency in identifying, preventing, combating and handling counterfeit and infringing goods in Vietnam to protect consumers and company in creating an encouraging investment environment in Vietnam, for Korean investors to enter Vietnam for setting up company, factory and do business in Vietnam.

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New Regulations of Intellectual Property Law in 2022 | ANT Lawyers

Intellectual property is currently playing a very important role in Vietnam and other countries around the world. With the participation in Trade Agreements and market expansion, the regulations on intellectual property have had many positive changes towards the protection and promotion of intellectual property rights and in line with the general trend of countries.

Intellectual property rights are the rights of organizations or individuals to trademarks, inventions, designs or other forms of creation. Currently, intellectual property rights are recognized as an asset class, which can constitute corporate assets. Popular groups of intellectual property today include: (i) Copyright; (ii) Inventions; (iii) Industrial design; (iv) Trademarks. These are objects created by thinking, mental labor, cognitive activities of people and protected by law.

Currently, intellectual property rights are governed by the 2005 Intellectual Property Law, which was amended and supplemented in 2009, and 2019. These are efforts in changing Vietnam’s legal system in raise awareness and perfect the legal system on intellectual property of Vietnam. Up to now, the Intellectual Property Law has created a legal corridor for organizations and individuals to establish and protect intellectual property rights, contributing to encouraging creative activities, and enhancing the value of intellectual property, wisdom. However, after 17 years since its promulgation, the Law on Intellectual Property has also arisen problems, inadequacies and incompatibility to ensure the implementation of commitments on intellectual property in trade agreements to which Vietnam is a member.

To implement the above guidelines and policies, the National Office of Intellectual has coordinated with relevant agencies to change and supplement regulations on intellectual property accordingly. Accordingly, the content of amendments to the Intellectual Property Law focuses on important groups of policies with about 100 amended and supplemented articles. Therefore, obstacles and inadequacies such as regulations on licensing of patents, industrial designs, layout designs and plant varieties are the result of scientific and technological tasks using the state budget; regulations relating to procedures for registration and establishment of intellectual property rights and validity of protection titles; regulations on security control for inventions before registration abroad; on compensation to patent owners for delays in marketing authorization of pharmaceutical products; on sound trademark protection; on geographical indication management; on liability for copyright and related rights for enterprises providing intermediary services.

In addition to the Draft of Intellectual Property Law, the Draft Circular is also proposed to stipulate economic – technical norms for a number of public services funded by the state budget, including training and retraining services on Intellectual Property, the service of confirming the validity of international registration of trademarks protected in Vietnam.

Moreover, the National Office of Intellectual also implemented the reform and modernization of the information technology system, reducing the burden of administrative procedures, internal processes to handle administrative procedures; actively review and evaluate administrative procedures and develop a plan for decentralization and simplification of administrative procedures in the field of intellectual property; organize the collection of fees and charges via commercial bank accounts and issue receipts of electronic fees and charges. In addition, the information synchronization for the Government’s National Public Service Portal is also interested in development.

The new Draft Law on Intellectual Property has many additions and adjustments in accordance with practical requirements and is expected to take effect, which will help solve problems that still exist. However, in order to ensure that the enforcement of intellectual property rights is effective and meets the set requirements, businesses need to pay attention and comply well with legal regulations.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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