Law on E-Transactions

On June 22 last year, the National Assembly passed Law 20/2023/QH15 on E-Transactions, replacing its 2005 predecessor. Composed of 53 articles arranged in eight chapters, the Law provides for the implementation of transactions by electronic means with the wider scope of regulation as compared to the 2005 Law.

12/03/2024

New Law on Bidding

Composed of 96 articles arranged in 10 chapters, the 2023 Law on Bidding creates a complete and consistent legal framework on bidding, procurement and use of state capital.

22/01/2024

New tax policies applicable from January 01, 2024

From January 01, 2024, several new policies including tax policies shall be applied.

03/01/2024

Extension of land rental: Who are the subjects? What are the tax periods?

Extension of land rental 2023 is the important content prescribed in Decree No. 12/2023/ND-CP. So, who are the subjects? And what are the tax periods? The following post shall explain more this problem.

30/10/2023

6 new points of the Law on Protection of Consumer Rights

The National Assembly has approved the Law on Protection of Consumer Rights 2023. Here are the new points.

29/09/2023

10 Key Points from Vietnam's New IP Decree No. 65/2023/ND-CP

In line with new regulations under the amended 2022 Intellectual Property Law (IP Law), on August 23, 2023, the Government issued Decree No. 65/2023/ND-CP (Decree) to detailing a number of articles and measures to implement the IP Law on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property. This Decree supersede Decree No. 103/2006/ND-CP and some parts of Decree No. 105/2006/ND-CP as amended and supplemented.

29/08/2023

Every enterprise must know: 5 things to do for personal data protection

Decree No. 13/2023/ND-CP which takes effect on July 01, 2023, sets up a number of things to do for enterprises to protect personal data protection for employees.

21/08/2023

Trademark Refusal in Vietnam, Laos and Cambodia: The Fine Line Between Descriptive and Suggestive

Trademark registration is an essential step for any business seeking to protect its brand identity and intellectual property. However, the process of trademark registration can be challenging, particularly when a mark falls into the gray area between being descriptive or suggestive.

10/08/2023

Does business households that pay taxes by the presumption method issue invoices?

Business households that pay taxes by the declaration method and are required to use e-invoices. Therefore, does business households that pay taxes by the presumption method issue invoices? the following articles can help to answer this question.

07/08/2023

Navigating the IP Landscape: Key Considerations for Korean Companies Exporting to Vietnam

Korean Investment in Vietnam: According to the latest statistics released by the Ministry of Planning and Investment of Vietnam in 2022, Korea is the largest foreign investor in Vietnam with a staggering investment capital of over 80 billion USD and close to 9,500 registered projects.

04/08/2023

Notes for Trademark Opposition and Cancellation Cases in Vietnam

Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how IP VIETNAM evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.

02/08/2023

Is the use of a trademark on the website considered admissible evidence?

Any third party may file a request with the Intellectual Property Office of Vietnam to cancel the registration of a trademark if it has not been utilized by its owner for five years from the date of registration.

02/08/2023

Establishment of insurance enterprises: Updated registration conditions and procedure

Insurance is one of the conditional businesses. Therefore, what are the registration conditions and procedures for insurance enterprises?

31/07/2023

8 noticeably new points of the Law on E-Transactions 2023

Here are 8 noticeably new points of the Law on E-Transactions 2023 which was passed by the XVth National Assembly of the Socialist Republic of Vietnam at its 5th session. This Law takes effect on July 01, 2024, and replaces the Law on E-Transactions No. 51/2005/QH11

28/07/2023

Protecting your IPR in Vietnam – A Guide to VIPRI's Services and Expertise

The Vietnam Intellectual Property Research Institute (VIPRI) is a research institution under the Ministry of Science and Technology that provides expert opinions on IP infringement cases concerning industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications.

27/07/2023

Trademark squatting – a concerning trend for the business owners in Vietnam

The loss of a trademark can result in a loss of market access. Genuine products produced by the rightful trademark owner may turn out to be “counterfeits” if the trademark falls into the hands of a competitor. Furthermore, trademark speculators also exploit registered trademarks as a legal tool to undermine the true trademark owner. The following case serves as a typical example, highlighting the ongoing relevance and practical value, while also emphasizing the costly lesson for all business entities in Vietnam. Intellectual property theft and brand infringement are becoming increasingly sophisticated and complex.

17/07/2023

Patent Invalidation in Vietnam: How to proceed?

Invalidation of patents (known as "patent invalidation”) is a legal procedure established in most countries with intellectual property (IP) protection laws, which allows a third party to challenge the validity of a patent. In Vietnam, this process involves submitting a request for invalidation of a specific patent to the Intellectual Property Office of Vietnam (IP VIETNAM) along with relevant supporting information and documents, subject to prescribed fees.

11/07/2023

Comparison: Decree No. 44/2023 and Decree No. 15/2022

Here are the new points of Decree No. 44/2023/ND-CP compared with Decree No. 15/2022/ND-CP on tax exemption and reduction policies.

06/07/2023

E-commerce business: Registration conditions and procedures

The e-commerce business has been creating great profits for businessmen. However, all businessmen must satisfy strict regulations and register with authorized agencies under the Government’s administration.

28/06/2023

Are goods traded in the export processing zones liable for excise tax?

Excise tax is levied on certain types of goods, so whether goods traded in the export processing zones are liable for excise tax or not?

19/06/2023

What is the best choice for the foreign trader? A branch or a representative office?

Foreign traders are allowed to establish branches or representative offices in Vietnam. However, what should the foreign trader choose to establish between a branch or a representative office?

12/06/2023

Fine for the enterprise who pays lower wage than region-based minimum wage

The current situation that enterprises pay lower wages with the region-based minimum wage for employees is going on based on the employee’s unacknowledged understanding of labor laws. Enterprises shall receive a heavy penalty for this problem.

05/06/2023

Customs valuation methods applicable to exported goods

In order to calculate the payable export tax price, tax rate and export duty price must be known. In order to define the export duty price, it is necessary to know the principles and methods of customs valuation applicable to exported goods

30/05/2023

List of VAT tax-liable goods of 0%, 5% and 10%

The VAT tax rate is the payable tax rate per unit of tax-liable goods and services. The VAT tax rates include three levels: 0%, 5%, and 10%.

15/05/2023

Differentiation of the tax rate of 0% and objects not liable to VAT

The tax rate of 0% and objects not liable to VAT are both exempted from tax. However, there are some differences between these two types of taxes.

12/05/2023

Method for the determination of depreciation of tangible fixed assets

The deprecation of tangible fixed assets is added to the production and business cost of enterprises. Enterprises use the methods for the determination of depreciation of tangible fixed assets determine the depreciation of tangible fixed assets as follows.

10/05/2023

Differences between the representative offices of Vietnam and foreign companies

The representative office of an enterprise is a dependent unit of the enterprise, but the representative offices of Vietnam companies and foreign companies are not exactly the same.

08/05/2023

Determination of the period of depreciation of tangible fixed assets

The historical cost of fixed assets and depreciation period must be defined for the depreciation of tangible fixed assets. Here is the determination of the period of depreciation of tangible fixed assets.

05/05/2023

10 new points of the Circular No. 02/2023 on business registration

From July 2023, the effectiveness of Circular No. 02/2023/TT-BKHDT causes many new changes in business registration, especially for business households. LuatVietnam would like to collect 10 new points in Circular 02/2023 on business registration.

28/04/2023

How many types of stocks? What are names of stocks?

Stock is the certificate of share ownership. Currently, this article shall help you to know how many types of stocks? And what are the names of stocks?

05/04/2023

Differentiate: Shares, stocks, dividends and shareholders in joint stock companies

Shares and stocks are two important definitions that anybody should know in studying the joint stock company. Besides, it is also necessary to differentiate share, stock, dividend and shareholder in joint stock companies.

04/04/2023

Why should figurative marks and product labels be registered as copyright in Vietnam?

Surprise, shock, bewilderment, anxiety, pessimism and a scenario that all doors are closed is a common state/feeling that many foreign trademark owners fall into when they discover that their trademarks, even their product packagings have been filed for trademark or industrial design registration by a third party in Vietnam. Other holders are desperate that the risk of business strategy in Vietnam will be broken down/jeopardized when they detect that their trademarks and/or their product labels being copied in their entireties, or only some minor changes thereof are made by the third parties for the purpose of business exploitation.

03/04/2023

Understanding Trademark Infringement Laws in Vietnam: Roadblocks & Solutions

Despite selling their branded goods and services for decades in Vietnam, many businesses are at risk of losing their trademarks due to a lack of awareness and disregard for trademark registration. In most cases, trademarks are lost either because business owners are unaware of the need for registration, or because they prioritize market development over legal protection. Even those who do register their trademarks may face difficulties in enforcing them against infringing competitors. As a result, not a few businesses had to pay a high price for their negligence and lack of knowledge in the field of intellectual property. This article will explore the reasons behind trademark losses in Vietnam and offer guidance on how businesses can protect their valuable intellectual property assets.

31/03/2023

What is the dividend preferred share? Is it transferred?

The characteristics are shown in the name of this share. However, the correct definition of dividend preferred share as prescribed in the Law on Enterprise 2020 is not popular with everyone.

30/03/2023

What is the asset contributed as capital? What are the types?

Individuals and organizations must contribute assets as capital to establish enterprises, accordingly, what is the asset contributed as capital? LuatVietnam shall mention this issue in the following article:

22/03/2023

Does the company charter need to be stamped?

Important documents are normally signed, and sealed with a company stamp, so does the company charter need to be stamped? The following post shall explain more this problem.

21/03/2023

Is the enterprise identification number different from the tax identification number?

Enterprises are issued with identification numbers which are recorded in the enterprise registration certificates. Is enterprise identification numbers different from tax identification numbers?

17/03/2023

What is the company charter? What are the contents?

Company charter is required upon enterprise registration of establishment, so what is the company charter? what are the contents of the company charter?

15/03/2023

Regulations on overtime pay and night work pay

Employees shall be paid with wage, overtime pay, and night work pay. So how to calculate the night work pay? LuatVietnam shall have specific guidance.

14/03/2023

How much does the Foreign Contractor Tax? Is it deducted?

Foreign Contractor Tax (FTC) is applicable to foreign individuals and organizations who earn incomes in business activities in Vietnam. How to determine the FCT? Is it deducted or not? Please get a deeper understanding of FCT in the following post.

13/03/2023

3 new points of Decree No. 08/2023 for removing difficulties of corporate bonds

From March 05, 2023, Decree 08 which amends a number of regulations on government bonds shall take effect. Accordingly, many difficulties for corporations and investors shall be removed. Please follow the new points of Decree No. 08/2023/ND-CP as follows:

06/03/2023

Hot policies take effect on March 2023

In March, there are many new regulations which are applicable such as the Law on Anti-Money laundering 2022, increase in levels of the allowance for laborers working in dangerous, hazardous conditions, tightening the management on receiving religious donations or grants…..

01/03/2023