How Foreign Investors Could Handle Intellectual Property Dispute in Vietnam?

Foreign investor could handle intellectual property disputes in Vietnam through negotiation and mediation, arbitration or litigation depending on various factors. Intellectual property rights is the rights of organizations, individuals to the intellectual property, including copyrights and related rights, industrial property rights, including trademark, patent, and industrial design and rights to the plant varieties. Under Vietnam intellectual...

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When a Contract is Invalid Due to Non-compliance with Form?

Generally, contracts for sale and purchase of goods and service contract shall be expressed in verbal or written form or established with specific acts. For types of contract which must be made in writing provided by law, such contract must comply with such form regulation. Particularly, contract for international purchase and sale of goods shall be conducted on the basis of written contracts or other forms of equal legal validity.   Contract...

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Which Judgement Enforcement Agencies that Enforce Arbitral Awards or Decisions of Arbitration Councils on the Application of Interim Urgent Measures?

Under Article 8 of Vietnam Law on Commercial Arbitration, judgement enforcement agencies for enforcement of arbitral awards or decisions of arbitration councils on the application of interim urgent measures as regulated as following:  Arbitral Award Enforcement Law Firm in Vietnam Competent civil judgment enforcement agencies to enforce arbitral awards are civil judgment enforcement agencies of provinces or centrally run cities in which arbitration...

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Legalize Birth Certificate in Vietnam

Legalize birth certificate is the authentication of signature and stamp on the birth certificate issued by the foreign country or organization in order for that document to be recognized and used in Vietnam. How to Legalize Birth Certificate in Vietnam In principle, the Vietnam State authorities only accept considering birth certificate that has been legalized, unless the law of Vietnam and international treaties in which Vietnam has signed or...

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Vietnam Customs Law 2014

On 23rd June 2014, the Vietnam National Assembly has issued the new Vietnam Customs Law. This new law comprises of 8 Chapters, 104 Articles and shall come into effect on 1st January 2015. Customs dispute law firm in Vietnam Accordingly, the new 2014 Vietnam Customs Law is focusing on customs procedure reform, modernization of customs administration, codify international laws on international commitment in order to meet the requirements and facilitate integration...

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Startup company

From 2015 onwards, the wave of small and medium-sized startups in Vietnam has been developing rapidly. This development is followed by government’s support in forming legal corridors, scheme to favour startup ecosystem and encourage science and technology organizations, research institute, technology incubator, etc. To be deemed as a startup, an individual or business must start their own business along with an innovative idea. Currently,...

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What are Principles of Dispute Settlement in Arbitration?

According to Article 4 of Vietnam Law on Commercial Arbitration, the following principles must be adhered to during dispute settlement in arbitration: Arbitrators must respect the parties’ agreement if such agreement neither breaches prohibitions nor contravenes social ethics. Arbitration Lawyers in Vietnam Arbitrators must be independent, objective and impartial and shall observe law. Disputing parties are equal in their rights and obligations....

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How To Protect Trademark in Vietnam?

Trademark protection in Vietnam is initially obtained through trademark registration. Trademark opposition could be filed to prevent a pending application for a mark from being granted application. Litigation is the final measure to handle dispute during trademark protection in Vietnam. Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark...

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What is Venue for Dispute Settlement by Arbitration in Vietnam?

According to Article 11 of Vietnam Law on Commercial Arbitration, the venue for dispute settlement by arbitration in Vietnam is as agreed by parties or decided by arbitration council.  In particular: Arbitration Lawyers in Vietnam The parties may reach agreement on venues for dispute settlement. If no agreement is made, the arbitration council shall decide on such venue. A venue for dispute settlement may be within or outside the Vietnamese...

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Determination of Competence between Court and Arbitration

Dispute resolution is always a matter of concern in Vietnam when it comes to the regulations and the effective enforcement of government authority. Arbitration Lawyers in Vietnam The Council of Judges of the Supreme People’s Court issued Resolution 01/2014/NQ-HDTP in order to provide guidelines for the Law on Commercial Arbitration in Vietnam on dispute resolution process. Accordingly, the courts in Vietnam are permitted to deal with disputes...

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Child Adoption by Foreigners

Presently, there are many foreign people want to adopt a Vietnamese. Besides, the law of Vietnam also has strict regulations for child adoption by foreigners. First is the adoption of specific child by foreigners. The Adoption Act 2010 defined that the Vietnamese residing abroad and foreigners permanently residing overseas are allowed to adopt specific child in the following cases:   Adoption Lawyers in Vietnam As stepfather or stepmother...

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How to Obtain Construction Practicing Licenses in Vietnam?

The Construction Practicing License (practicing license) shall be issued to any Vietnamese citizens, overseas Vietnamese or foreigners who legally carry out construction activities in Vietnam in order to hold certain positions or operate their own construction business as prescribed in the amended Law on Construction 2020.   Holders of titles and individuals practicing construction activities who are required to possess practicing...

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