What are the forms of technology transfer?
The transfer of a technology shall be permitted to be implemented via the following forms: An independent technology transfer contract. A section on technology transfer in the following projects or contracts: An investment project; A franchising contract; A contract transferring industrial property rights; A contract for purchase and sale of machinery or equipment to which […]
What are the objects of technology transfer?
Technologies the transfer of which is encouraged A technology the transfer of which is encouraged means high technology or progressivetechnology which satisfies one of the following requirements: It creates new products which are highly competitive. It creates a new industry or new services It saves energy or raw materials. It uses new energy resources or recycled energy. It protects the health of humans. It prevents or fights natural disasters or epidemics. It results in clean production or is environmentally friendly. It […]
Handling infringement of trademark in Vietnam
As a IP agent in Vietnam, SBLAW would like to introduce this process of handling trademark infringement in Vietnam includes the following steps 1. Establishing the representative qualification and preparing all necessary documents: In order to establishing the representative qualification of SBLAW, the required document is Power of Attorney (POA) appointing SBLAW is a IP representative and […]
Please help to distinguish the application of law on foreign direct and indirect investment in Viet Nam with respect to foreign investors?
First, it is necessary to identify "foreign investors", "direct investment" and "indirect investments" in Viet Nam in accordance with 2005 Investment Law as follows: According to Article 3.5, "foreign investors" means foreign organizations/individuals investing capital to carry out investment activities in Vietnam including enterprises established under the Law on Foreign Investment in Viet Nam before […]
Please specify the regulations applicable only to foreign – invested project in Vietnam regarding the field in which investment is conditional?
The laws on investments stipulate some regulations only applicable in fields in which investment is conditional to foreign-invested projects in Vietnam on a different manner as compared to domestic investment projects. In particular, in addition to the general regulations on the fields in which investment is conditional in Article 29 of the Investment Law, foreign-invested […]
Please tell us about the regulations on authorities to approve to issue Investment Certificates only applicable to foreign-invested project in Vietnam?
2005 laws on investment give general provisions on decentralization of the issuance of Investment Certificates to provincial People's Committees and Management Boards of Investment Zones, export-processing zones, high-tech zones and economic zones, Article 37 Decree 108/2006/ND-CP give general provisions on projects investing in some important fields, projects of big scale where the Prime minister shall approve […]
Please tell about the provisions on the establishment of economic organizations only for application to foreign investors?
Foreign investors can establish an enterprise in the form stipulated in the Enterprise Law, there are only specific regulations applicable to the establishment of enterprises in the form of joint stock companies and private enterprises as follows: a) for joint stock companies, the owner of foreign invested business must be founding shareholders, where there are […]
Please name the regulations on investment procedures, items included in the investment project dossiers and sites for carrying out investment and business registration procedures only for application foreign investors?
1. Regarding investment procedures: Domestic investment project of less than VND 15 billion and not falling under fields in which investment is conditional shall not have to carry out investment registration (Article 42 and 43 Decree 108/2006/ND-CP) Foreign invested projects of less than VND 300 billion (including below VND 15 billion) and not falling under […]
Are foreign-invested enterprises in the form of Limited Liabilities sep up under the former Law on foreign Investment considered as Limited Liabilities Companies under the current Enterprise Law?
According to the former Law on Foreign Investment, joint venture enterprises and wholly-foreign owned enterprise formed up in the form of limited liability companies (Article 6, Article 15 of the Law on Foreign Investment); In Article 6 Decree 101/2006/ND-CP date 21/9/2006 on re-registration, conversion and registration for renewal of Investment Certificates by foreign investment business […]