Where the investment conditions stipulated under domestic legal documents are more open then those under international commitments, can investments, can investors enjoy the domestic provisions?

Under decree 108/2006/ND-CP dated 22/9/2006, Clause 2 Article 3 stipulated that: “Where Vietnamese laws are issued after Vietnam’s membership to International Treaties provide for more favourable treatments as compared to such International treaties, investors shall have the right to select whether to apply International Treaties or Vietnamese Law” Accordingly, if Vietnamese Law offers better than […]

Assignment of trademark application in Vietnam

Vietnam Trademark Assignment

Applicant may sign assignment of pending trademark application in Vietnam. After assigning trademark application, applicant shall not have any right to the application. SBLAW would like to introduce some information on documents and procedures of assigning trademark application in Vietnam as hereafter:

Is construction of training facilities of a school (already sep up) a development of education and training case? Is it subject to the procedures of inspection for issuance of a Investment certificate?

Article 29, investment Law on fields in which investment is conditional, point h) stipulates protects in education and training cause development. According to Investment Law, investment projects in fields in which investment is conditional must be subject to inspection. Where an investment project is for business purpose under the Investment Law, the under the Investment […]

Previously, foreign investment cooperation in the field of education, training and scientific research complied with Decree 06/2000/ND-CP date 06/03/2000. This is Decree implemented Foreign Investment Law in Vietnam. Now as the Foreign Investment Law is i

Foreign investment cooperation in the education field is currently subject to Vietnam’s WTO commitments. Accordingly, in education, Vietnam only commits to open the education market in such lines as technique, natural science and technology, business management and business science, economics, accounting, international and language training. Accordingly, foreign investors are permitted to provide services higher education […]

New tax policy for Vietnamese enterprise

New tax policy for Vietnamese enterprise

On 07 January 2013, the Government issued Resolution No. 02/NQ-CP introducing various measures to solve the corporate and business difficulties. Accordingly, Enterprises which registered the VAT under the credit method are entitled to postpone the payment of VAT for January, February and March 2013 for a period of 06 months. Eligible Enterprises shall include: Small and medium […]

For fields and sectors in which business licenses are required, must investors obtain business licenses before or after the issuance of the Investment Certificate?

Business licenses are approvals from the competent State agencies to the enterprise or economic organizations before their commencement of business activities in specific fields; provisions on business licenses (including provisions on whether having to obtain the Business licenses before or after the issuance of the investment certificate) are in accordance with specialized legislations; The regulations on […]

Previously, foreign investment cooperation in the field of education, training and scientific research complied with Decree 06/2000/ND-CP date 06/03/2000. This is Decree implemented Foreign Investment Law in Vietnam. Now as the Foreign Investment Law is

Foreign investment cooperation in the education field is currently subject to Vietnam’s WTO commitments. Accordingly, in education, Vietnam only commits to open the education market in such lines as technique, natural science and technology, business management and business science, economics, accounting, international and language training. Accordingly, foreign investors are permitted to provide services higher education […]

For fields and sectors in which business licenses are required, must investors obtain business licenses before or after the issuance of the Investment Certificate?

Business licenses are approvals from the competent State agencies to the enterprise or economic organizations before their commencement of business activities in specific fields; provisions on business licenses (including provisions on whether having to obtain the Business licenses before or after the issuance of the investment certificate) are in accordance with specialized legislations; The regulations on […]

Please specify the sectors/lines in which investment laws and relevant laws stipulate that practice permits must be available?

1.Clause 2 Article 7 of the Enterprise Law stipulates that the enterprise is only permitted to commence business if eligible for the sectors/lines which are conditional under investment laws and relevant laws, including the conditions regarding practice permits. 2.Article 6 Decree 139/2007/ND-CP dated 05/9/2007 providing guidelines on practice permits (stipulated in clause 4 Article 16, […]