Restrictions within the scope of real estate business of foreign investors

Although the Law on Real Estate Business 2014 was promulgated, it expanded the scope of real estate business of foreign investors compared to the law of real estate business before. However, when compared to the scope and form of real estate business of domestic investors, foreign investors are still significantly restricted. Specifically, pursuant to Article 11 of the Law on Real Estate Business 2014, foreign investors may only conduct real estate business in the following forms: Lawyers consult on real estate projects

Lawyers consult on real estate projects

– Rent houses or constructions for sub-lease;

– For land leased by the State, they are allowed to invest in the construction of dwelling houses for lease; To invest in building houses or constructions which are not houses for sale, lease or lease purchase;

– Receive the transfer of a whole or part of the real estate project of the investor for the building houses and constructions for sale, lease or lease purchase;

– For land allocated by the State, they are allowed to invest in the construction of dwelling houses for sale, lease or lease-purchase;

– For land leased in industrial parks, industrial clusters, export processing zones, hi-tech zones and economic zones, they may invest in the construction of houses or construction works for proper use purposes.

Therefore, the important business activities that foreign investors are not allowed to perform compared with domestic investors are:

First: buy houses, constructions for sale, lease, lease purchase. Foreign investors are not allowed to buy for reselling, for lease but they can only lease the real estate for sub-lease;

Second: foreign investors are not allowed to transfer their land use rights in the form of subdivision, sale of land, construction of technical infrastructure of cemeteries and graveyards to transfer land use rights associated with that infrastructures.

From the above regulations, it can be seen clearly that the laws of our country now only allow foreign investors to trade real estate in the form of investment construction projects, not allowed to invest in the “buy and sell” as domestic investors. This partly reflects the policy of lawmakers for the opening of the real estate market to foreign investors. On the other hand, the lawmakers want to attract foreign investment to improve the gloomy and frozen real estate markets of the past few years and also to limit their scope of activities to avoid foreign investors with large capital can absorb the market.

However, with the demand of the market economy, it is necessary to attract foreign investment and to create competition within domestic businesses. Therefore, the laws should be improved more openly to foreign investors to attract investment to meet the demand for housing, as well as real estate in our country nowadays.

Vietlaw Solutions Firm.

Workshop “Law in Vietnam”, future packages for Law students.

In the context of globalization, deep international economic integration, any country needs a complete justice in addition to the stability of politics and economy to promote the development of the country. Without any exception, Vietnam has constantly improved itself in terms of the law in general and the law on lawyers and lawyers in particular in order to create an important legal basis for the development and improvement of the operation efficiency of the lawyers’ team.

In addition, more and more social relationships will develop between citizens and citizens, between citizens and agencies and between agencies and organizations. These relationships often arise inconsistencies, affecting the interests of each party. As a lawyer, who understands the law and has experience in law practice, the lawyer is the person who protects the legitimate rights and interests of individuals and agencies in the most effective manner.

With the desire to provide the students with practical experience in the law profession, Master of Law – Lawyer Khuu Thanh Tam (Managing Partner of VietLaw Solutions Firm) has accepted the invitation to accompany HUFLIT University to hold the workshop “Law in Vietnam”. This helps them to better understand their careers. At the workshop, Mr. Khuu Thanh Tam – Lawyer – has shared with the students about the learning experience and the preparation should be prepared so that when they graduate from school, they will have a good job and career development.

According to Lawyer Khuu Thanh Tam, law graduate students can take charge of legal affairs of the enterprises or law practice. For legal work, they may choose to work in law firms, as an assistant lawyer or as a legal practitioner. They can also work with state management authorities that have law related to them. If you want to become a lawyer, you need to attend a lawyer training class at the Ministry of Justice. After completing this class, you will need to go practice at law firms which have lawful registrations of between 1.5 and 2 years, then pass the final test to be given the right to be granted a law practice certificate and may apply for joining the Bar Association.

In fact, in the course of work, while in charge of the legal affairs of any case or business, the lawyers must know all the relevant laws to handle the cases arise. Therefore, in the school curriculum, students are provided with the knowledge of law such as commercial law, civil law, criminal law, constitutional law … Therefore, if you have determined you want to pursue the career, you should study in depth and learn about the law of that direction.

However, it is advisable for you to learn all the rules, especially if you want to become a lawyer. Since the task of a lawyer is not just to answer the clients’ questions but to rely on those questions to suggest what the real problems are. Clients are not legal professionals, do not know the law, they do not know where their real problems are, commercial, civil or criminal, so you have to know and combine every knowledge.

In the process of learning, you should determine your directions, from which to identify the subjects, the contents you need to study carefully. According to Lawyer Khuu Thanh Tam, there is no need to wait for internships, they can apply for internships and work in small law firms to gain experience. In addition to practical practice, you also need to accumulate experience through many other ways such as reading and saving all questions in the legal advisory section in newspapers, internet because you do not know the details and specific legislation, but you can learn how your lawyer advises you and answers you in the newspaper to ponder on how to consult. Furthermore, you can look for references on the consulting website when the law is revised, drafted. Then you can study the discussions, comments … As when the law is officially issued, your knowledge will be more firmly.

If there is any desire to work in a foreign environment, apart from knowledge, foreign languages ​​is a very important element. Foreign-invested enterprises in Vietnam always have the habit of using legal services to prevent and handle disputes … than Vietnamese enterprises. It is important for them to plan their future in five or 10 years, what their image is to invest in pursuing that dream.


Breakthrough the mechanism, together with enterprises to develop Ho Chi Minh City fast and sustainably.

Ho Chi Minh City is the large center of economic, cultural, social and scientific technology in the South. With favorable geopolitical position, abundant labor force and relatively developed economic sectors, especially the private sector, the system has created a relatively good and synchronous economic infrastructure. However, in order to make a bigger contribution, step by step become the big center of economics, finance, trade, science and technology of the country as well as Southeast Asia, Ho Chi Minh City is also facing many challenges.

First of all, the infrastructure does not keep pace and hinder the fast and sustainable development of the city. In addition, high pressure on issues such as environmental pollution, investment in hospitals, schools, commercial infrastructure. Although we are leading the country in terms of total FDI capital, in recent years, Ho Chi Minh City is falling far behind other localities in attracting investment capital. From 1997 to 2016, the total investment capital of the FDI sector in the total investment capital of the city has been decreasing since 2007 and is lower than the national average. FDI attraction of Ho Chi Minh City in the period of 2011-2015 reduced 32% compared to the period of 2006-2010.

Along with that, export turnover of Ho Chi Minh City from the proportion of 56.5% (in 2000), to 2016 only 18% of the total export turnover of the country. Service, industry are the strength of Ho Chi Minh City, have shown signs of slowing down. In the period of 2011-2015, the city’s services will increase by 11.2%/year, lower than the period of 2006-2010 (12.5%​​/year); Industrial production increased by 7.6%/year, also lower than that of the previous five years (10.3%/year).With that situation, on the morning of March 17, 2018, People’s Committee of Ho Chi Minh City hosted a meeting between leaders of the city and enterprises in the area with the participation of Secretary of the HCM City Party Committee – Mr. Nguyen Thien Nhan, Chairman of the People’s Committee of HCM City – Mr. Nguyen Thanh Phong and many leaders of departments. , the sector with the theme Breakthrough the mechanism, together with enterprises to develop Ho Chi Minh City fast and sustainably.In order to create more favorable conditions for enterprises to rest assured business investment, Chairman of the People’s Committee of Ho Chi Minh City. Ho Chi Minh City Nguyen Thanh Phong committed to business with many important contents. Mr. Phong said the leaders of the city would reduce the number of meetings by 30%, taking the time to get to grips with the difficulties of the business. The city also strives to solve the investment procedures of the interdisciplinary working group on investment reduced 50% of the time compared with regulations. Another important issue pledged by the city’s leaders is that corporate audits will be integrated and only once a year. In addition, the city will set up an interdisciplinary working group on land in 2018, to support ground and land for enterprises, creating the best conditions for production and business. Besides, the city will accelerate the program to connect banks, enterprises, stimulate investment, set up fund development projects, financial compensation funds to support the investment projects. Sharing and encouraging enterprises at the meeting, The City Party Secretary – Mr. Nguyen Thien Nhan affirmed the important role of the business community for the development of the city. Also, the Secretary of the City Party emphasized the implementation of the Resolution No. 54 of the National Assembly on specific mechanisms and policies for the developed city need the cooperation of enterprises.The City Party Secretary also informed that there are 127 projects with total investment capital of over 500 billion dongs waiting for enterprises to research and invest. Ho Chi Minh City has just approved 6 resolutions to implement specific policy mechanisms, including the administrative reform program which in the business proposals mentioned a lot. The city views the administrative reform program as the driving force to create more breakthroughs, to meet the needs of enterprises, to promote the economic development.VietLaw Solutions Firm is honored to be invited to attend the conference entitled Breakthrough the mechanism, together with enterprises to develop Ho Chi Minh City fast and sustainably“.With a good understanding of the business environment in Vietnam as well as international experience, VietLaw Solutions Firm has managed and effectively dealt with many legal issues in business and trade for many enterprises inside and outside of the country as well as investors from many countries. With the valuable experience accumulated in many years of operation in the legal field, VietLaw Solutions Firm was invited to be the delegate for discussion and comment at the meeting, to Co-meeting with the Conference contributed to the development of enterprises in the period of deep economic integration with many preferential policies of the Party and the State.


Social Responsibility of “Brand Ambassador”

Social Responsibility of “Brand Ambassador”In relation to the $11 billion cosmetic case being revoked for investigation and clarification, the showbiz artists who advertise the product and the business are involved, who is responsible for the law and the commune. Assembly?

According to the current law provisions, in this case, enterprises producing and/or trading in products shall have to take responsibility before law for the quality of the products they produce or trade in. As the seller of the product to consumers, the business must ensure the quality of products in accordance with regulations. Violations will be subject to administrative sanction or even prosecution (art 156).

Regarding the responsibility of famous artists when promoting the products, the current law has no specific provisions to handle their responsibility in this case. In addition, in terms of behavior, it is difficult to prove that they are guilty because they are the only people who are hired by businesses to advertise, convey messages and products of the business to people. Consumption and quality assurances are the responsibility and commitment of enterprises producing and trading in such goods.

However, as the direct use of their reputation and popularity to bring products to consumers, the social responsibility for celebrity artists is huge because their image is associated with the product. Therefore, if the products are acknowledged as poor quality, the image and prestige of the artists will be greatly affected, and adversely affect the psychology of consumers as well as public opinion. Therefore, the famous artists who agree to participate in advertising for a product should pay attention to the quality of the product that they convey to consumers.

Many people think that Vietnamese artists as “brand ambassadors” for a business must have some responsibility in this matter. Because of the introduction (commitment, quality assurance) of the artist, consumers have trust to use. In the legal aspect, is “brand ambassadors” one of the legal terms?

From the legal point of view, according to the current law, there is no regulation on what is “brand ambassador”, so it is not a legal term. In essence, these people are “conveyors of advertising products” in accordance with the provisions of Clause 8, Article 2 of the Law on Advertising 2012: “…is the person directly put the products advertised to the public or display advertising products on the person by wearing, hanging, attaching, pasting, drawing or similar forms”.

However, the law does not specifically regulate the rights and obligations of conveyors, so it is impossible to attribute their responsibilities. On the other hand, they are essentially advertising tools, used by business owners for the purpose of conveying their product information to the public. So the responsibility should go to the business owners.

In contrast, in this case, however, artists have a great deal of social responsibility to the public and consumers, who use their image and reputation to represent a poor quality product. Because, when a famous artist is crowded with the followers which means that person is very popular, trustworthy. What they say, what they do, what they wear, or what they eat usually raise interests to the fans. Therefore, the artist needs to thoroughly verify the source of the product to avoid giving the society the advertising messages for the product illegally, which can be harmful to the consumers.

The advertising, videos, posts, live-streams on Facebook of the artist when representing for brands or the products are inadequate in making money from Facebook now?

Nowadays, the number of Facebook users in particular and social networks, in general, is very large, so it can be sure that this is obviously one of the most effective advertising channels at the moment.

However, it is clear that advertising on social networks has generated many inadequacies, as in reality, these are only posts on the personal pages of Facebook users, but in the case of celebrities due to their images and reputation, the number of followers is enormous. Therefore, the popularity is very wide even without losing other traditional advertising channels. Therefore, the posting of videos, pictures, and articles for the promotion of a product is, in essence, the artist acting as the publisher of the advertisement in accordance with the Advertising Law, Be responsible for checking documents related to advertising conditions of organizations, individuals, products, goods and services to be advertised and take direct responsibility for advertising products.

Therefore, it is not possible to view these posts as normal personal pages, but the authorities should have a mechanism to better manage this form of advertising. Through the management mechanism to protect consumers and alongside with participate in advertising products on the FB is responsible for the quality of the product that he is representing.

Vietlaw Solutions Firm.

Information of Vn Pharma before the Deliberation

After studying the case file and through the process of interrogating the accused at the trial in two days of the appellate trial VN Pharma case. Mr. Khuu Thanh Tam – Lawyer (Managing Partner of VietLaw Solutions Firm) found that Defendant Vo Manh Cuong had filed a petition to appeal the entire First Instance judgment No. 306/2017/HSST of the People’s Court of Ho Chi Minh City on August 25, 2017 is well grounded to be considered and approved by the Trial Panel.

At the time of the Defendant – Mr. Cuong represented for Helix Pharma, Mr. Raymundo repeatedly went to Vietnam together with Mr. Cuong to meet with his partner and deal with the case (in this case Mr. Raymundo went to Vietnam along with Mr. Cuong accused of discussing transactions with Vn Pharma). When traveling to Vietnam to deal with his partner, Mr. Raymond frequently exchanged with the Defendant Mr. Cuong by email about the schedule. Defendant Cuong directly picked up and arranged the accommodation for Mr. Raymundo. At this time, Raymundo often stayed at Vien Dong Hotel (Pham Ngu Lao Road, District 01, Ho Chi Minh City) and at other hotels in Phu My Hung (District 7, Ho Chi Minh City).

Under the provisions of Vietnamese law, foreigners wishing to enter Vietnam must apply for a visa at a Vietnamese representative office in a foreign country. Concurrently, foreigners temporarily residing in Vietnam must inform the person who directly manages and operates the activities of the accommodation and establishment in order to make temporary residence declaration with the police of the commune, ward or township where the accommodation is located. In this case, the Investigation Agency could thoroughly investigate Raymundo’s personal identity through Raymond’s declaration of information when he arrived in Vietnam at his/her residence or Immigration Office. But the Investigation Agency did not carry out the identification of the person before the trial, which concluded Mr. Raymundo was a bogus character and that seriously violated the procedures of litigation.

Concurrently, based on the content of “License for operation of foreign enterprises on medicines and medicinal materials in Vietnam No. 28 / GP-2014/2 issued by the Ministry of Health on June 18, 2014 to June 18, 2019”. Vo Manh Cuong is the authorized representative of Helix Pharmaceuticals Inc. in Vietnam. The mandate period is 05 years from June 2012 to June 2017. Based on the scope of mandate, Defendant Vo Manh Cuong, in addition to the responsibility of Helix Pharmaceuticals Inc. in Vietnam, the Defendant Cuong is allowed to use the seal during the implementation of the work involved. Accordingly, the Investigation Agency accused Mr. Vo Manh Cuong of making and using documents, false records are groundless.

According to the case file, VN Pharma sent Mr. Raymundo and Mr. Vo Manh Cuong a total of 251,100 USD (equivalent to 5,302,179,575 VND). Of which VN Pharma sent Mr. Raymundo through the account of Helix Pharmaceuticals Inc. with the amount of 68,410 USD, VN Pharma transferred the Defendant Vo Manh Cuong with the amount of 182,690 USD (equivalent to 3.858.116.425 VND), then the Defendant Cuong Mr. Raymundo sent the money twice for a total of 151,926 USD (equivalent to 3,208,556,430 VND). However, the Investigation Agency concluded that the amount of accused Cuong is 2,093,623,145 VND is not base, because when comparing the amount of money, which Cuong received from VN Pharma and the money, which Defendant Cuong has transferred to Helix Pharmaceuticals Inc., is simple to determine that the accused still has $182,690 – $151,926 = $30,764 (equivalent to 3,858,116,425 VND – 3,208,556,430 VND = 649,559,995 VND).

From the above analyzes, it can be seen that the total amount of money which VN Pharma transferred to Mr. Raymundo and Defendant Cuong ($251,100) was the value of 9,300 boxes of H-Capita 500mg (equivalent to $27 USD) / Box) that Defendant Cuong negotiated and agreed with Defendant Nguyen Minh Hung from the beginning. Thus, the amount of money the Defendant Cuong kept after transferring to Mr. Raymundo $30,764 (equivalent to the amount of 649.559.995 USD) is part of the payment for 9,300 boxes H-Capita 500mg under the agreement between the parties. From that it can be confirmed that the Investigation Agency concluded that the money that Defendant Cuong kept after paying to Mr. Raymundo that the amount of benefit is illegal, which is completely inaccurate.

In addition, Helix Pharmaceuticals Inc. has ordered Pharma to pay Helix Pharmaceuticals Inc for the cost of transporting the drug (drugs) by air, which was determined by Helix Pharmaceuticals Inc. $12,000 and the Defendant Cuong is responsible for handling Helix Pharma. However, the Investigation Agency did not consider and clarify this amount, but accused the Defendant Cuong of benefiting from the amount of 2,093,623,145 VND which is unfounded.

The errors in the calculation and wrong assessment of the Investigation Agency has affected the determination of the objective and comprehensive truth of the case, especially affecting the interests of the Defendant Cuong in the process of the settlement the case. Therefore, it is necessary to conduct a re-investigation to clarify these contents.

While the Drug Administration of Vietnam is the licensee of 200,000 H-Capita capsules 500mg capsules per order between VN Pharma and Helix Pharmaceuticals Inc., 03 members of this unit. To participate in the Expertise Council of the Ministry of Health to assess the number of drugs in the lot that the licensed Drug Administration of Vietnam is not impartial or objective or seriously violate the procedure.

Concurrently, the inspection council of the Ministry of Health uses the documents (Instruction sheets, drug labels, box labels …), the standard that Defendant Pham Huy Thong in this case wrote by himself to be the basis test for batches of drugs is not guaranteed accuracy.

Meanwhile, the results of inspection of batches of drugs are important evidence which are the basis for deciding the nature of the case. Therefore, the Trial Panel should consider and decide to carry out the re-evaluation of the lot so as to ensure objectivity and comprehensiveness in the resolution of the case.

Another important fact, during the investigation process, the Investigation Agency knows the existence of the “License for operation of foreign enterprises on medicines and medicinal materials in Vietnam No. 28/GP-2014/2” issued by the Department of Health on June 18, 2014, effective June 18, 1976 for Helix Pharmaceuticals Inc. Investigators asked Defendant Cuong about this license but did not write the questions and answers of the accused – Mr. Cuong in the minutes of the testimony.

Thus, this is evidence, important documents for the case were collected during the investigation and prosecution. However, the Investigation Agency does not include in the case file a serious violation of criminal procedures in accordance with Clause 2 of Article 4 of Joint Circular No. 01/2010/TTLT-VKSNDTC-BCA-TANDTC: “To implement the provisions of the Criminal Procedure Code on the return of dossiers for additional investigation.

Ending the appellate trial of VN Pharma case on October 20, 2017, the Trial Panel announced the deliberation period will last until October 23 this morning.

Vietlaw Solutions Firm.

Thang Long – Thousand years of history

In January, Hanoi drizzled with rain, leaving us with a lot of emotion. On our business trip, we decided to visit the land of thousands of years of civilization after completing the legal consultancy work for clients and partners. At this time, Hanoi seems to be wore a new coat, a new peaceful frame. The rain of January, the rain of spring, permeates the old branches so that the nursery grows up well because spring is the season of the beginning, also the beginning of happiness. Grapefruit, raspberry flowers blooming in the spring also makes the visitors surprised.

The Statue of King Ly Thai To is placed at Ly Thai To Garden, on Dinh Tien Hoang Street, Hoan Kiem District, in the center of Hanoi Capital. This Statue is a beautiful cultural architecture to honor King Ly Thai To (974 – 1028), who has publicly expressed Thang Long Capital.

As the sky drizzles on to the city, along with the spring warmth, it creates a scene that can stir up humans’ deepest feelings. Only living in Hanoi, we can feel the beauty of this city to the fullest and can understand more why people are always coming to Hanoi despite many changes. Spring rain brings a very authentic, rustic look. Also in the spring more than a thousand years ago, once from the capital of Hoa Lu back to his home in Co Phap (Bac Ninh), Ly Thai To visited the old city of Dai La. The King realized that this land was in the center of the country, wide and flat, not flooded, all flora and fauna rich, good fresh. The more he thought, the more he believed that if he wanted his descendants to have prosperous life, he should move the capital from the narrow mountainous Hoa Lu to this large and fertile plain place.

In the fall of that year, the capital was moved to Dai La. Ly Thai To said that the name changed into Thang Long. King Ly Thai To once said: “In the heart of the country, there is a dragon position, in the middle of the East, North, West, and South. In that place, the terrain is wide and flat, the land is clear and bright, the people do not suffer from flooding, flora and fauna are fertile. Seeing the whole country of Vietnam, it is the best place of all, is actually the place of the four congregations, the most ancient capital of the imperial kingdom forever!”

Cheo theater of Vietnam, the intangible cultural heritage of mankind.

Thang Long – Hanoi, the capital of Vietnam, is also the interference of the major cultures. The culture is often expressed through languages, costumes, culinary traditions, entertainment … They still retain the elegant delights like playing flowers, planting bonsai, raising birds … Costumes of people in here, despite many changes over time, retains the elegancy and gracefulness.

Vietlaw Solutions Firm.

The never ending story of Internal Lawyer

Vietnam’s development on the road of deep integration opens up opportunities for enterprises to get rich. As a startup, businessmen often focus on ideas, market research, customers and sales. But in order to grow firmly, limiting the risk in legal issues is not the main focus of business owners.

When launching a business idea before embarking on the deployment, businessmen should take note of the Intellectual Property Law. Ideas for unique, interesting products and services will reach the market quickly and the protection of intellectual property rights for those products and services should begin as soon as the project is launched or soon after the business is established. Violation of the Intellectual Property Law is a problem for enterprises to have a headache. The registration of intellectual property aims to ensure that enterprises have the exclusive right to use their own property, thereby also ensuring the interests of enterprises when complaining about or claiming intellectual property infringements.

A good business idea only maximizes its power in a consistent business model. You need to choose the appropriate business model, department organization, reasonably personnel arrangements. The selection of the business model should take into account the issues of asset management, capital contribution, capital mobilization, organizational structure and profit distribution. Businessmen talk to each other and start a business just like on a hunting trip, the happiest time is when everyone is ready to go. But the saddest moment is when the hunters split the booty. Cannot run away from this rule, there is a conflict in the business between shareholders and owners. To avoid this situation, when establishing a company, shareholders need to have the agreement and included in the company charter.

In the process of operating the business also face the potential risks from many sides. Tax and accounting procedures, late filing, wrong delivery or delinquency are always troublesome for businesses if they do not know how to handle or handle late.

In addition, the risks from the deal, the contract also caused no small damage to the business. When signing a contract, most business owners pay close attention to the terms of trade (price, payment and goods) without regard to legal terms such as commitments, rights and obligations of the parties, sanctions and solutions when problems arise … So when the dispute occurs, businesses often suffer economic losses and affect the prestige of the brand.

When facing with difficulties, businesses will immediately hire a lawyer to handle the job, or hire a lawyer to work in the company. But that is just to solve the immediate situation, not to help businesses steadily step on the long-term development. Recruiting a lawyer is not easy because people are good at tax is not fluent in investment, people are contracted but do not know foreign languages, people have enough business expertise but cannot adjust license due to no relationship. Especially in tough economic times, hiring a lawyer is an extra expense, while the business is not easy to find a lawyer who meets the requirements of professional diversity, proficiency in foreign languages, many years of experience and relationships.

If you cannot hire a lawyer, enterprises should hire a law firm. In law firms, they have a lot of lawyers with different expertise, rich social knowledge and foreign languages, which is the strength to meet the needs of the business. Law firm in addition to supporting, consulting the procedures for the establishment of enterprises, tax and accounting, drafting contracts, procedures for the settlement of transaction disputes. Law firms also provide internal consultancy, development options, brand identity, brand protection. Most importantly, the crisis management options to ensure the credibility of the business for customers and partners.

Vietlaw Solutions Firm.

The 2nd Congress of the term of 2017 – 2022 of the Vietnam-Laos-Cambodia Economic Development Cooperation Association

The Vietnam-Laos-Cambodia Association for Economic Cooperation (VILACAED) is a professional social organization of Vietnamese organizations, individuals and enterprises which contribute to the cause of development and enhancement of economic and investment cooperation between Vietnam and Laos and Cambodia.Today, December 15, 2017, the Association for the Promotion of the Second Congress of the 2017-2022 period, according to the directives of the Central Party Secretariat in Hanoi. This Congress, in addition to the report on the first term of office and the direction of activities of the II term with the participation of representatives of the Embassy of the ASEAN countries, the Association will also change its name to the Association for Economic Cooperation Vietnam – ASEAN.In parallel with the election of the Executive Board and the Inspection Committee, the Association also sets out orientations to support each other to develop and improve the efficiency of economic cooperation and investment between the ASEAN Member Countries. In addition, the Association will gather members’ ideas for comments, consultancy, evaluation and social feedback on strategies, planning, plans, mechanisms, policies, Administrative reforms … related to economic and investment cooperation of the Party and the State of Vietnam. Meanwhile, to step up support for organizations, enterprises and investors of ASEAN Member Countries. In addition to carrying out economic and investment cooperation activities, it will strengthen the traditional friendship among ASEAN members.

VietLaw Solutions Firm is honored to be invited to attend The Second Congress of the term of 2017-2022 meeting.

With a good understanding of the business environment in Vietnam as well as international experience, Mr. Khuu Thanh Tam – Master of Law, Lawyer has effectively managed and solved legal issues in business and trade for many domestic and foreign enterprises as well as investors from many countries. With the valuable experience accumulated in many years of operation in the legal field, Mr. Khuu Thanh Tam – Lawyer, Managing Partner of VietLaw Solutions Co. Ltd was honored to be the delegate for discussion and comment. At The Second Congress, in order to accompany the Association, it contributed to the development of enterprises in the period of deep economic integration with many preferential policies of the Party and State Government.In recent years, with the policy of opening up the international economic integration of the Party and State Government by joining and signing many international trade agreements. Having step by step eliminated trade barriers, customs help domestic and foreign enterprises open opportunities to trade and attract investment. However, besides these advantages, it should be stressed that legal basis is always the basis for the sustainable development of enterprises but not yet focused businesses and investors. Because legal mastery of the business will help businesses to anticipate and eliminate potential risks. Without proper attention, the legal risk will accumulate over time over each transaction and will cause long-term damage to the development of the business. Therefore, from the beginning, enterprises should pay due attention to the legal aspects of their business activities. Periodic reviews of compliance, transactions, products, distributions as well as accounting records of each year should be reviewed.In addition, attention should also be paid to internal disputes in the enterprise (capital ownership, management rights, the right to share business results, labor…), which often occurs when the enterprise becomes public, profitable business, management mechanism between enterprises and workers … To ensure the internal sustainability of enterprises should clearly specify the ownership ratio which should be integrated into the development strategy right from the beginning, and build a conflict resolution mechanism.Also, it creates a legal environment for the business in a proactive way through the development of the Charter, Rules, Regulations, Contracts and other agreements that the enterprise has signed or acceded to. Thus, new businesses shape the legal environment to actively contribute to support the business, promote the sustainable development of enterprises.

Vietlaw Solutions Firm.

The seal of the condominium management, difficult to implement

As we know, on February 15, 2016 the Ministry of Construction issued Circular 02/2016/ TT-BXD on the promulgation of regulations and management of condominiums. In the regulation on management and use of condominiums issued together with this Circular, the legal status of condominium management boards is stipulated as follows: For multi-owner apartment buildings requiring the establishment of a management board according to the Law on Housing, the Management Board shall be an organization having legal capacity, legal stamp (Article 17 of the Regulation on management and use of condominiums, issued together with the Circular 02/2016 / TT-BXD). At the same time, according to Clause 4, Article 22 of this Regulation: After the Decision is issued, the recognized management board shall be responsible for opening an account for operation; in case of multi-owner apartment buildings, the management board should open an account for expenditures for maintenance of shared area according to the Law on Housing, this Regulation and register a legal seal according to laws on registration of legal seals (name of management board inscribed on the seal must be identical to the name recognized by People’s Committee of District)”. Under these regulations, the Condominium Management Board is a legal entity that has a seal and must be registered in accordance with the law. In addition, according to the Decree 99/2016/ND-CP on management of use of seals, which has come into effect on 1 July 2016, the following conditions were also applied: The bodies, organizations or titles of the state are only permitted to use their seals upon regulations on the permission for use of seal in the legal normative documents or decision from the competent bodies; must register their seal sample before use., and according to Clause 15 of Article 8 of Decree No. 99/2016 / ND-CP stipulates that the agency using a seal with a logo or a seal without the logo, including the organization other authorized by the competent authority or licensed and authorized to use the seal.

However, in practice, when the management board applied for the seal, the local seal management agencies refused to do so, according to the current regulations, there are not enough legal basis to carry out procedures for the issuance of seals to the Management Board. At the same time, they do not have specific instructions from the higher level for this case such as management regulations, the form of showing the seal … From the personal point of view, with the current regulations, there are completely enough legal bases to carry out procedures to issue the seal to the management board: firstly, there is the regulation shows that the management board of the apartment is legal and can have the seal, secondly, according to Clause 15, Article 8 of Decree No. 99/2016/NĐ-CP, the management board is allowed to use The stamp which is issued and approved by the People’s Committee of District and allowed to use the seal, finally the procedure for granting the seal to other agencies and organizations as stipulated in Clause 11 of Decree No. 13, Decree 99./2016/ND-CP “new seal registration dossiers of other organizations established and operated under the provisions of law: Establishment decisions or operation permits of competent agencies.” Therefore, the refusal to carry out procedures for issuing seals to local authorities demonstrates a lack of flexibility in the application of the law.

The seal management authorities refused to grant the seal to the condominium administrator making the operation of the new regulation difficult. As according to a rule, after the decision to recognize the management board must be made to manage the maintenance funds of the common ownership to receive the maintenance funds from the investor in accordance with the Law On Housing and register the seal, but due to inadequacies, management boards face many difficulties in making decisions on the management of condominiums, opening bank accounts or entering into contracts with management unit. Therefore, in practice to meet the needs, the Board must self-engraving and self-management of the seal so now there are many different forms of management seal: square pattern, oval pattern … Concurrently, due to the fact that the seal cannot be registered at the same time, the seal of the Board of Management cannot be posted as formal, the signing is mainly based on the signature of the head or deputy head of the board, which makes it difficult to manage the decisions of the management, independent people.

From that it can be seen that although the Ministry of Construction has a legal status and seal so that the condominium boards can be convenient in their management functions, the implementation of the meeting again many inadequacies. It is hoped that the competent authorities will soon have specific guidelines to address these shortcomings, so that the law can be applied uniformly to meet the real needs of the people, namely those living in urban areas.

Vietlaw Solutions Firm.

VietLaw Solutions Firm provides legal representation for businesses against smuggling, counterfeit and consumer protection

In order to raise the legal awareness of the business community, enterprises and citizens about intellectual property rights in the establishment, exploitation, development, and protection of intellectual property. By encouraging innovative research and application of science and technology to improve labor productivity and serve the socio-economic development. A member of Vietnam Law Firm, representing legal entity for VTV interview on the channel “anti-smuggling, counterfeit and consumer protection”.

In the context of global economic integration and competition, the protection of intellectual property rights has become particularly important and has become a major concern of enterprises to improve their competitiveness. However, the number of fake goods, counterfeit goods infringing intellectual property rights increasingly sophisticated has caused heavy losses to businesses both in terms of brand and economy. In addition, the problems of counterfeit goods, copyrights, infringement of intellectual property rights also affect the interests of consumers. Counterfeit goods are increasingly produced sophisticated, have great value, have transnational elements and appear in all areas of life such as pharmaceuticals, functional foods, fashion, equipment…

With that in mind, businesses are finding ways to protect themselves against the increasingly complex counterfeiting problem that limits serious damage to businesses and protects their interests for consumers. Counterfeit or imitation goods are currently causing direct threats to the business such as reduced sales, profits, damaging the reputation of the product, the brand or the loss of consumer confidence. In particular, these counterfeit goods have the potential to push businesses into losses, even bankruptcy, which has a negative impact on the economy.

Many businesses have taken measures to fight against counterfeit goods such as organizing seminars to advise consumers, change patterns continuously, use anti-counterfeit stamps or provide information distinguish real products. On the other hand, enterprises also coordinate with functional agencies to propagandize and warn those who infringe upon intellectual property rights if recidivism will be proposed to functional agencies.

However, in practice, the handling of infringements of intellectual property rights encountered many difficulties. Those who commit offense using high technology, high technology products in the form of components, details, loose packaging, smuggled into Vietnam, then assembled and then sold. It is difficult for the authorities to handle these objects because they cannot prove the infringement of intellectual property rights, especially the goods are only details, not the finished products.

Concurrently, people often conduct their wrong-doings in distant, complex places that are difficult to find. In addition, the authorities don’t have really good support for enterprises in the fight against counterfeiting and infringement of intellectual property rights. Sanctions imposed on the wrong-doings mentioned above are still mild. Therefore, in order to improve the strict handling of violations related to the production of counterfeit goods and the infringement of intellectual property rights, recidivism or overproduction must be dealt with criminally. The authorities should regularly organize propaganda inspection of business locations. In addition, enterprises must change their own solutions, technologies and new anti-counterfeiting products.

VietLaw Solutions Firm.