The importance of litigation attorneys in Vietnam's fight for justice

The importance of litigation attorneys in Vietnam's fight for justice

These litigation attorneys in Vietnam are crucial in maintaining the rule of law, defending the rights of inhabitants and visitors, and navigating the complexities of the legal system. In this essay, we examine how litigation lawyers in Vietnam play an indomitable role and how they stand as pillars for international clients seeking justice in this dynamic country.

Litigation attorneys in Vietnam: The Architects of Legal Strategy

For foreign customers in particular, navigating the Vietnamese legal system can be a tough undertaking. Legal complexities, subtleties, and regional conventions frequently call for professional advice. This is where litigation lawyers can help by designing a strong legal defense.

Litigation attorneys make sure that international customers receive individualized legal solutions by adjusting their strategy to the particular requirements of each case. They develop winning strategies for any situation, including corporate disputes, legal disputes, and criminal prosecutions.

Litigation attorneys in Vietnam: A Beacon of Legal Expertise

It's crucial for foreign clientele to comprehend the local legal system. Vietnamese litigation lawyers have a thorough awareness of the country's legal system, which enables them to offer priceless insights into the local laws, rules, and practices that may have an impact on a case.

Litigation attorneys in Vietnam who specialize in litigation have experience working with governmental organizations and courts, expediting the procedure and ensuring the interests of international clients are safeguarded.

Litigation attorneys in Vietnam: Protectors of Rights

Litigation lawyers act as tenacious advocates for clients in civil and business disputes. They put up a lot of effort to ensure that their clients receive beneficial outcomes, whether it be through negotiation, mediation, or litigation, whether the matter is a contractual disagreement, a property dispute, or an employment issue.

Litigation attorneys in Vietnam: Navigators of Court Proceedings

Litigation lawyers excel as tenacious defenders of their clients' interests in court. They deliver strong arguments and present instances with skill. Through their advocacy, overseas clients are guaranteed a fair and equitable hearing.

Experienced litigation attorneys in Vietnam are needed in complex litigation matters since they can involve several parties and complicated legal concerns. Litigation lawyers have the knowledge and skills necessary to successfully traverse these murky waters, ensuring that the cases of international clients are handled professionally.

Litigation attorneys in Vietnam: The Role of Mediation

Attorneys who specialize in litigation are aware that not all disagreements need to develop into protracted court fights. They frequently suggest mediation as a way to settle disputes amicably. This strategy can spare international clients the stress and costs of protracted litigation.

When mediation is necessary, litigation lawyers act as professional mediators, conducting discussions and attempting to reach amicable agreements. Their legal expertise and diplomatic skills are crucial to getting favorable results.

Litigation attorneys in Vietnam: Advocates for Justice

Litigation lawyers are more than just lawyers; they are also defenders of the law. They are essential in defending the legal rights of foreign clients, providing them with knowledgeable legal advice, and assisting them as they navigate Vietnam's complex legal system. These lawyers serve as pillars of support for individuals looking for justice and fairness in this thriving country thanks to their steadfast dedication, local knowledge, and passion to the cause.

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What are the Arbitration Principles of Dispute Resolution

What are the Arbitration Principles of Dispute Resolution?

Arbitration, mediation, negotiation, and litigation are all methods of dispute resolution. For disputes to be resolved, a law firm in Vietnam needs dispute lawyers who have the expertise and experience necessary to resolve complex cross-border, commercial, and civil disputes.

 

The following principles must be followed when settling a dispute in arbitration, according to Article 4 of the Vietnam Law on Commercial Arbitration:

If the parties' agreement does not violate social ethics or prohibitions, arbitration lawyers must respect it.

Arbitrators must be independent, objective and impartial and shall observe law.

Parties in dispute have the same rights and responsibilities. The arbitration council is responsible for establishing the conditions necessary for disputing parties to exercise their rights and fulfill their responsibilities.

Dispute settlement by arbitration shall be conducted in private, unless otherwise agreed by the parties.

The arbitral awards are final.

Discretion has turned into a very famous technique for question goal, as numerous organizations lean toward it over the significant expenses of prosecution.

Arbitration lawyers in Vietnam may also be able to assist clients with a variety of issues, including choosing an arbitrator, choosing the rules for the arbitration, selecting an ad hoc or institutional arbitration, selecting a location for the arbitration, and obtaining the enforcement of the arbitral award.

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How Foreigners Can Easily Own a House in Vietnam?

 How Foreigners Can Easily Own a House in Vietnam?

Because making an overseas property investment is a significant decision, it is recommended that the investors consult with real estate dispute lawyers in Vietnam for assistance in determining the developer's eligibility, construction permits, and other project-related legal documents. To ensure the protection of rights, reduce risks, and ensure compliance, it is essential to review the transaction documents in relation to the deposit agreement, sales agreement, and any other agreements the developer might propose.

On November 25th, 2014, the National Assembly of the Socialist Republic of Vietnam has approved the Housing Act 2014. The fact that a foreigner can buy a house in Vietnam is one of the most notable new changes.

Houses can be owned by foreign organizations and individuals in Vietnam:

-Overseas organizations and individuals putting resources into lodging development under projects in Vietnam as per the arrangements of the Housing Law and related authoritative archives;

-In Vietnam, businesses with foreign investment capital are operating, as are foreign investment funds, foreign bank branches, branch or representative offices of foreign businesses, and foreign investment funds.

-Foreign citizens are allowed to enter Vietnam.

What are forms of ownership housing foreigner in Vietnam?

-investment in the construction of housing in Vietnam as part of the project, in accordance with the Housing Law and related legislation;

-Apartments and single-family homes are included in the investment projects of housing construction. Commercial housing can be purchased, leased, donated, or passed down. (With the exception of housing projects aimed at safeguarding Vietnam's national defense and security, as mandated by the Government of Vietnam).

What are conditions, rights and obligations of foreigner when buy house in Vietnam?

For people or associations putting resources into lodging development under a project in Vietnam while seeking to possess houses in Vietnam they should fulfill the accompanying circumstances:

-Have an investment certificate

- Have housing developments constructed within the project in accordance with housing law.

When looking to buy a house in Vietnam, foreign businesses with foreign investment capital, branch or representative offices of foreign businesses, foreign investment funds, and foreign bank branches must meet the following conditions:

-Have investment certificates or documents relating with the license to operate in Vietnam gave by the skillful State offices of Vietnam.

Foreign individuals buying a house in Vietnam

-Allowed entry into Vietnam, but do not entitled to diplomatic and consular privileges and immunity.

Foreign businesses with foreign investment capital, branch or representative offices of foreign businesses, foreign investment funds, and foreign bank branches in Vietnam, as well as individual foreign buyers of homes in Vietnam, are eligible to own homes in Vietnam when:

-Rent, buy, donate, inherit, or own no more than 30% of an apartment building's units; Foreigners are not permitted to buy, lease, donate, inherit, or own more than two hundred fifty individual houses, including villas and semi-detached houses, in areas with a population equivalent to that of ward-level administrative;

-In accordance with the terms of the contract of sale, lease, donation, or inheritance, foreign individuals are entitled to own a home for a maximum of 50 years from the date of issuance of the certificate of ownership, which may be extended as required by the government. The certificate must also specify the period of ownership of the property;

-In the case of foreign individuals married to a citizen of Vietnam or hitched to a Vietnam resident got an outside country, they can possess the houses for a long and stable term. Additionally, like Vietnamese citizens, they enjoy owner rights;

Foreign organizations shall have the right to own a house in accordance with the contract of sale, lease, donation, or inheritance, but not longer than the period outlined in the certificate of ownership, which may include an extended period. The time it takes to own a house starts on the date the certificate of ownership is received and is listed on the certificate.

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ANT Lawyers – International Law Firm in Vietnam

 How ANT Lawyers – International Law Firm in Vietnam Could Help Your Business?

ANT Lawyers is a reliable law firm in Vietnam with English speaking lawyers and has been ranked as a leading law firm by well-known legal editorials, including The Legal 500. The firm is an exclusive Vietnam law firm member of Prae Legal, a global law firm network

ANT Lawyers – An International law firm in Vietnam has a team of experienced lawyers who can help with a wide range of legal matters, including:

Corporate law

M&A

Dispute resolution

Intellectual property

Real estate

Labor law

Tax law

Immigration law…

Why you should choose ANT Lawyers?

-Experienced English speaking lawyers

-Strong international network

-Excellent reputation

-Reasonable fees

-Client satisfaction: ANT Lawyers has a high client satisfaction rating.

-Continuing education: The lawyers at ANT Lawyers are constantly attending continuing education courses to stay up-to-date on the latest legal developments.

Overall, ANT Lawyers is a reliable law firm in Vietnam that can provide you with high-quality legal services.

ANT Lawyers - Your Reliable Law Firm in Vietnam

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How to Resolve Disputes Settlement through Arbitration in Vietnam?

How to Resolve Disputes Settlement through Arbitration in Vietnam?

Arbitration, mediation, negotiation, and litigation are all methods of dispute resolution. In order to resolve disputes, a litigation dispute law firm in Vietnam needs dispute lawyers who have the expertise and experience necessary to resolve complex cross-border, commercial, and civil disputes.

Most business agreements could include a provision stating that disputes must be resolved through arbitration in the current business environment. A valid written arbitration agreement, either as an arbitration clause in a contract or a separate agreement, is required for a dispute to be referred to arbitration. The arbitration clause is treated as independent if it is included in a contract, and the arbitration clause's validity is unaffected by contract modifications, extensions, or terminations. As long as the parties clearly state their intention to resolve any dispute through arbitration, Vietnamese law permits a written arbitration agreement to take any form. The residing court is required to drop the case if a dispute falls within the scope of a valid arbitration agreement and a party attempts to initiate court proceedings. Additionally, the arbitration organization authorized to resolve disputes without supplemental agreement is not required to be specified in an arbitration agreement. Even if there is a valid arbitration agreement, the Vietnamese Arbitration Law states that a dispute must also fall into one of three categories before it can be arbitrated:

(1) disputes arising from “commercial activities”;

(2) disputes where at least one party is engaged in commercial activities;

(3) other disputes where the law stipulates that arbitration is a permissible means of resolution.

The definition of the term "commercial activity" in category (1) can be found in Commercial Law No. “activity for profit-making purposes comprising the purchase and sale of goods, provision of services, investment, commercial enhancement, and other activities for profit-making purposes,” according to 36-2005-QH11 (31 December 2005). Noncommercial disputes, such as civil disputes, in which at least one party is engaged in commercial activities, frequently fall into the second category. However, disputes between consumers and providers of goods or services do not fall under this category. The law stipulates that the party may select arbitration or litigation in this instance. The dispute cannot be arbitrated without the consent of the consumer, even if the agreement includes a standard arbitration clause in the contract for the supply of goods or services. Legislators have complete discretion over whether or not to expand or maintain the categories of disputes that can be resolved through arbitration. A dispute arising from investment activities governed by the Law on Investment is an illustration of a dispute in category (3).

Due to the fact that many businesses would rather avoid the high costs of litigation, arbitration has grown in popularity.

Arbitration lawyers in Vietnam at ANT Lawyers - a Vietnam law firm with accreditation in national and international arbitration practice can assist in providing clients with legal advice and guidance throughout the process of resolving disputes. The intervention attorneys could likewise exhort the clients on different issues from decision of authority, decision of assertion rules, specially appointed or institutional discretion, spot of mediation, implementation of arbitral honor.

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Setting up Company in Vietnam and Comply: Quick Tips for Foreigners

Setting up Company in Vietnam and Comply: Quick Tips for Foreigners

A foreigner moving to a country like Vietnam with business opportunities is attempting to start a business and seize the opportunity. After settling in, the entrepreneur might wonder, "How difficult it is to set up company in Vietnam or how challenging the business environment in Vietnam is for operating and doing business when dealing with administrative procedures from registering investment, setting up the company, complying with periodic reporting and tax declarations?"

As a spot with an ideal topographical position and copious work assets, and developing purchaser market, Vietnam is progressively growing emphatically, turning into a nation drawing in worldwide venture among Southeast Asia nations. Foreign investors must conduct research on Vietnam's policies, investment incentives, legal requirements, and the process and procedures for establishing a business in order to carry out effective investment activities. If international investors are considering investing in Vietnam, this will provide some quick advice on the fundamental factors they should take into account.

An individual or an organization established under foreign law could register investments and conduct business activities in Vietnam. Foreign investors are permitted to participate in any legal business, but in order to register an investment, they must meet certain industry requirements. There are a few areas in Vietnam where foreign investors cannot do business due to national security concerns or the state's monopoly.

An investor who wants to start a business in Vietnam must get a certificate of investment registration from an authorization agency, according to Vietnam law. The Investment Registration Certificate (IRC) will typically be issued within 15 days of receiving a valid dossier for an investment project. Be that as it may, it means a lot to work in the ideal opportunity for setting up the legitimate records for example application, monetary report, bank balance, individual archives and large numbers of such records require apostille, or authentication and legitimization and interpretation into Vietnamese prior to being submitted.

Except for conditional investments and business lines, Vietnam law does not mandate a minimum capital requirement for starting a business. Yet, financial backers are obliged to contribute capital as per the timetable expressed in the IRC and that the public authority has the privilege to demand the financial backer to make sense of the strategy agreeable to them in light of the proposed speculation capital. In the event that the financial backer can't contribute sufficient capital as per the serious time limit, the skilled authority might apply sanctions, including denial of the IRC or the financial backer needs to change the IRC to mirror the real commitment of venture. Once having the IRC, the financial backer then solicitation to get Endeavor Enlistment Endorsement (IRC) which requires 5 days from the date of accommodation of legitimate dossier for business foundation to finish the business setting up process.

Now that the company has established itself in Vietnam, it can officially sign a lease agreement, hire staff, and engage in business transactions to purchase or sell goods or services. The documents must be signed and sealed to be legally binding.

Then the question is how to have a seal?

When an organization was managed by the Public Security authority, it was more difficult to have a seal created for it after it was established. Legislators and business experts have been discussing the possibility of completely removing the seal from legal documents in Vietnam because the signature of the legal representative is the most crucial element. The law governing the issuance of seals has become less strict over time. However, in Vietnam, the seal is still very important because it shows the official notice, such as the decision by the business's legal representative to end a labor contract, along with the signature of the representative. or on the other hand a conspicuous endorsement of a substance to an exchange it enters to enlist a development organization for building a plant. Contingent upon the terms in the organization's contract, the financial backer has the privilege to make more than one seal to utilize. Before using, altering, destroying, or altering the number of seals, the company must send a notice to the business registration office where its head office is located for publication on the National Business Registration Portal. The day the notification process is completed and the seal sample is uploaded to the National Business Registration Portal for verification, the seal can be used.

During the activity of the business in the wake of being begun, the financial backer requirements to focus on charge commitments, which is vital in many purviews besides in charge paradise nations. However, Vietnam is not included on the exemption list. Every business is required to provide a tax declaration. Consistently, the business should pay various charges and expenses, for example, permit charges (in view of enlisted sanction capital); When a company earns a profit, it must pay Corporate Income Tax (CIT); announce and cover Worth Added Expense (Tank) for sold labor and products, for individual proclaim and settle Individual Annual Duty (PIT), or at times send out assessment and import charge, charge on lands.

The investment project reporting regime must also be fully adhered to by foreign investors in accordance with the law. These reports will be issued on a regular basis (monthly, quarterly, or annually) regarding topics such as: carried out venture capital, business speculation results, data on work, utilized unfamiliar laborers, investigates natural insurance… Agreeing with the execution of expense installment commitments and intermittently answering to guarantee ideal execution as endorsed will assist the organization with staying away from superfluous dangers, for example, managerial authorizations, business suspension, punishments that could affect the business.

ANT Lawyers – a law firm in Vietnam will always follow up with authorities for legal update on matters relevant to investment registration or doing business in Vietnam.

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What Are Lawful Structures for Fintech in Vietnam?

What Are Lawful Structures for Fintech in Vietnam?

The foundation for the leap forward in all spheres of life has been established by the 4.0 industrial revolution and the explosion of the Internet. Science and technology have a direct impact on the financial sector, which is not exception.

Fintech – Financial Technology is a new type of finance that has emerged alongside traditional finance and has superior characteristics that are appropriate for the current circumstance and actual requirements. Despite the benefits of Fintech, its operation is fraught with difficulties, including legal issues.

Blockchain, big data, cloud computing, artificial intelligence, biometrics, and other technologies may be used by fintech. However, Vietnam currently lacks a comprehensive legal framework for these technologies. As a result, depending on the circumstances, laws pertaining to intellectual property, information technology, high technology, science and technology, cyberinformation security, and cybersecurity can all be enacted. In addition to ensuring the security of databases and the intellectual property that is associated with them, these regulations partially facilitate the research, development, and application of technological innovation.

Digital payment, in particular, is a big part of fintech. Non-cash payments, intermediary payment services, and the Law on Credit Institutions govern this sector. The Top state leader likewise gave Choice 316 since Walk 9, 2021, permitting the utilization of versatile cash to pay for labor and products of little worth. This is the legal basis for Fintech companies that offer digital payment services and for customers to use this method. Applications of fintech include asset management, peer-to-peer lending, and crypto currencies, all of which are not yet clearly regulated in Vietnam.

Due to the significance of establishing legal guidelines for Fintech, Official Dispatch No. 2433/VPCP-KTTH dated August 31, 2021 of the Public authority Office coordinated: “The State Bank of Vietnam chairs and coordinates with relevant agencies to continue studying and concretizing regulations on the pilot mechanism of P2P lending in the process of developing and finalizing the draft Decree on a controlled trial mechanism. Control (Regulatory Sandbox) financial technology activities in the banking sector, report to competent authorities for consideration and decision in accordance with the provisions of the Law on Promulgation of Legal Documents”.

Resolution No. was published by the government on September 6, 2021. 100/NQ-CP supporting the proposition to plan a Pronouncement on a system for controlled testing of Fintech exercises in the field of the financial area. After conducting research, the Draft Decree on the controlled trial mechanism for Fintech activities in the banking sector was published by the State Bank of Vietnam in April 2022. This draft is currently at the phase of looking for public remark and has not been endorsed. The development of the draft denotes another move toward Vietnam's lawful system for Fintech, establishing a strong starting point for the later birth of the Declaration.

The Decree on Controlled Trial Mechanism for Fintech in the banking sector will be officially issued by the government in the event that the Draft is approved. Credit institutions and financial technology companies will be able to test Fintech technology in a controlled manner as a result of this Decree. They can survey the adequacy and potential dangers while utilizing Fintech arrangements. The experiment's findings can be used to identify problems that need to be addressed in order for the legislature to pass legislation to regulate Fintech in the banking sector. If this is the case, banking will be a ground-breaking industry that will inspire Fintech regulations in other areas.

Despite the solid and quick improvement of web and its application, having a different lawful system for Fintech in Vietnam in the future is normal. Fintech lawyers in Vietnam who are interested in Fintech could also contribute by commenting on draft laws and providing clients with advice based on real-world examples. It goes without saying that the technology sector is home to some of the most successful businesses in the world. Fintech is the startup with the fastest growth rate among them. The sooner legitimate system of Fintech can be given, the better for Vietnam to gobble up amazing chances to draw in venture and find the world.

Our Fintech, banking legal counselors at Insect Legal Advisors - a law office in Vietnam will continuously circle back to the improvement of the legitimate system in Fintech in Vietnam to give updates to clients.

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