Business service, Consult Enterprise, Service
Internal legal consulting service and risk control
With the desire to become a law firm who protects the legal rights and interests, identify and minimize risks for Clients in the process of operating and doing business, Inco Minh Anh Law Firm is pleased to present our scope of regular consulting service as follows:
Internal legal controls
Reviewing legal documents in the company and advising on standardization and archiving;
- Completing internal legal documents of the enterprise: Charter; Shareholder book / List of members; Organizational structure and tasks of departments; Minutes of meetings and Resolutions/Decisions of leaders at all levels;
- Updating legal documents in related fields and consult directly 2h/month directly at the office.
- Forms and contracts related to labor; labor regulations; collective labor agreement; financial regulations; handle labor discipline.
Draft and standardize Contract documents in the Company
- Consulting on legal regulations related to the company’s business activities;
- Consulting, finalizing the deposit and payment policy in the Sales Contract;
- Analyzing the risks in the type of sales contract, the main economic contract of the company;
- Drafting the legal policies on warranty, maintenance, delivery and return, transfer of ownership of goods;
- Consulting on building contract forms, reviewing contract forms being processed;
- Consulting and giving legal opinions on economic contracts with third parties.
Consulting to settle disputes
- Advising on dispute resolution for third parties related to business activities;
- Acting as a Legal Representative to work with a government agency or a third party (according to the case or acting as a regular representative)
- Consulting to resolve disputes or labor issues arising.
Consult Enterprise
Conditions for traders trading in LNG and CNG gas in Vietnam
accoriding to Decree 87/2017/ND-CPConditions for gas traders and traders include:
1. Being a trader established in accordance with law;
2. Having a gas tank that meets safety regulations or having an LPG bottle that fully meets the conditions for circulation on the market or having a contract to rent an LPG tank or bottle;
3. Satisfy the conditions on fire prevention and fighting as prescribed by law.
4. For traders trading in gas through pipelines
5. In addition to meeting the conditions specified above, there must also be gas pipelines and gas supply stations that fully satisfy the conditions for safety, fire prevention and fighting as prescribed by law.
Components of Application
– An application form for a Certificate of eligibility for LPG/LNG/CNG traders, made according to Form No. 03 in the Appendix attached to Decree 87/2017/ND-CP
– Copy of Certificate of registration of business/cooperative/household business.
– A copy of the certificate of technical inspection results of tank labor safety.
– Documents proving the satisfaction of fire prevention and fighting conditions Read More
Consult Enterprise, Investment & Consulting, Legislation, News & Legislation
For foreign investment in Vietnam
According to the investment law 2020, there are five forms of investment in Vietnam
1) Investment in the establishment of economic organizations.
2) Investment to contribute capital, buy shares, buy contributed capital.
3) Implementation of investment projects.
4) Investment in the form of BCC contract.
5) New investment forms and economic organizations according to the Government’s regulations.
According to Article 23 of the Investment Law 2020, if a (domestic) economic organization makes an investment in the forms (1), (2), and (4) and falls into one of the following cases, it must satisfy the following conditions: conditions and carry out investment procedures in accordance with regulations for foreign investors: Read More
Consult Enterprise, Consult Heredity & Land Consultant, Establish, Investment & Consulting, Legislation, News & Legislation
Preferential policies for investment in Vietnam – investment law 2020
Investment incentives are one of the policies to help Vietnam develop its economy, attracting businesses, especially foreign ones (Korea, Japan, USA, China, Singapore, …) to Vietnam. over the years. So what are the basic investment incentive policies, how are the procedures in Vietnam, inco Minh Anh Law firm will summarize for interested customers.
Pursuant to the provisions of Clause 1, Article 15 of the Investment Law 2020 , the form of investment incentives includes:
Corporate income tax incentives, including the application of a lower corporate income tax rate than the normal tax rate for a definite term or for the entire duration of the investment project; tax exemption, tax reduction and other incentives in accordance with the law on corporate income tax (for example, a 2-year exemption, a 50% reduction in the next 4 years when investing in a new project in an industrial park, export processing zones and economic zones in Vietnam);
Exemption from import tax on goods imported to create fixed assets; raw materials, supplies and components imported for production in accordance with the law on export tax and import tax (for example, for an EP project in an export processing zone in Vietnam);
Exemption or reduction of land use levy, land rent, and land use tax (for example, for projects in mountainous areas, poor areas, with difficult economic conditions, to help develop local infrastructure;
Depreciation is fast, increasing the deductible expense when calculating taxable income (for example, for projects with high and advanced technology content). Read More
Activity, Consult Enterprise, Investment & Consulting
Establishing a new business – Some notes
1. Business name:
The business name must be in Vietnamese has a meaning, can be pronounced, does not take place names, history and conforms to Vietnamese fine customs and traditions.
Name of dn in foreign language: must be translated exactly from Vietnamese name.
Abbreviated names: are taken from the proper names or characters from the above 2 parts.
2. Charter capital:
Enterprises self-declared charter capital, no need to prove capital for business lines that do not need legal capital.
3. Business lines:
The enterprise clearly states the lines of business and products being traded.
The group of manufacturing and printing industries as prescribed does not operate in concentrated residential areas (inner city).
Groups of industries that need a practicing certificate: according to the regulations of each group of industries specified in the Laws on specialized management
4. Characteristics of common types of businesses:
Private enterprise:
A sole proprietorship is an enterprise owned by an individual and is solely responsible for all his/her assets for all activities of the enterprise;
Private enterprises may not issue securities of any kind;
Each individual is only entitled to establish a private enterprise;
The Owner of a Private Business has the right to transfer and lease his Business;
The sole proprietorship has unlimited liability for the business owner’s assets. Read More
Consult Enterprise, Establish, Intellectual Property Service, Investment advisory service
Industrial protection registration service
Document:
Registration form Industrial Design (KDCN) form No. 03-KDCN in Appendix A Circular 01/2007/TT-BKHCN;
Set of industrial design photos (top, bottom, left, right, front, back (06 sets)
Description of industrial design;
Contract or power of attorney
Proof of payment of fees and charges.
Execution time
Industrial design registration applications are processed at the NOIP in the following general order:
Formal assessment: 01 month
Announcement of valid application: 2 months Read More
Establish, Quote Service
Consulting process of Inco Minh Anh Law Firm
Step 1: Consultation
Free (online): For customer exchanges about needs, purposes, time, form, type of business
Fees (in h): charges for exchanges related to tax calculation methods, strategies, business information,….
Step 2: Make a profile
Law Firm: will send the application form and complete the application in accordance with the law of Vietnam (within 01-02 days)
Customers provide information and related documents
Step 3: Sign the contract and submit the application
The implementation time is in accordance with the provisions of Vietnamese law
Representing clients, editing records according to objective requirements
Step 4: Get the result
Get the results, liquidate the Contract
Note: depending on the type of service, the nature of the profile, we provide the most reliable service to customers
For a quote and advice by a specific lawyer, please contact: 0982674857 – Lawyer Hoa
email: [email protected];
INCO MINH ANH would like to thank customers!
Business service, Consult Enterprise, Procedure, Service
Trademark registration process in Vietnam
Document
Full name, address, nationality of the applicant;
The description of the mark: meaning, color, if the mark is a foreign word, the Vietnamese translation and transliteration of that foreign word must be provided;
List of goods/services using this mark and classify such goods/services into groups according to the International Classification (if known).
Notarized copy of Business Registration License (1 copy);
20 trademark samples (dimensions must not be larger than 80mm x 80mm and must not be less than 15mm x 15mm);
A copy of the application for priority right certified by the applicant agency and an English translation, if any, (must be submitted within 01 month after the application is submitted).
Procedure
Step 1: The company providing the logo trademark registration service receives information about the logo and trademark
Step 2: Conduct logo and trademark lookup based on the information provided by the customer. Then, consult the exclusive logo design for customers.
Step 3: Guide customers to prepare documents and proceed with the logo trademark registration process.
Step 4: Customers receive the protection title at the service company’s office or by courier after completing the logo trademark registration. Read More
Establish, Investment & Consulting, Procedure
Procedures for setting up FDI enterprises in Vietnam
According to the Law on Investment 2014 coming into effect, according to the provisions of the “Law on Investment” 2014, the process of “establishing a foreign-owned company” is as follows:
Step 1. Perform the procedures for issuance of the Investment Registration Certificate before carrying out the procedures for establishing an FDI enterprise
Investors declare online information about investment projects at the National Information System on Foreign Investment at the address: gov.vn or Dautunuocngoai.gov.vn and get the declaration code online. Within 15 days from the date of online application declaration,
Profile include:
- A written request for implementation of an investment project;
- For individual investors: Copy of identity card, identity card or passport
- For institutional investors: copy of Certificate of Establishment or other equivalent document certifying legal status;
The investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule. , demand for labor, proposal for investment incentives, assessment of the project’s socio-economic impact and efficiency;
- Copy of one of the following documents:
- The investor’s financial statements for the last 2 years;
- Commitment to financial support of the parent company;
- Commitment to financial support of financial institutions;
- Guarantee on the financial capacity of the investor;
- Documents explaining the financial capacity of the investor; Read More
Activity, Consult Enterprise, Legislation, News & Event, News & Legislation
Some changes to the registration, management of loans and foreign debt repayment of enterprises
Inco Minh Anh Law Firm would like to send some changes to the management of foreign borrowing and repayment of enterprises according to Circular No. 12/2022/TT-NHNN of the State bank of Vietnam effective from 15 November 2022 as follows:
Regarding the extension of the maximum term under which short-term foreign loans exceeding 1 year can be paid without having to register a loan with SBV from 10 days to 30 working days (Article 11). Documents to be sent to service providers when withdrawing capital and repaying debts (Article 45) (applicable to short-term loans of less than 1 year, import of goods with deferred payment (*)):
Plan for using loan capital and Documents on implementation of online reporting regime on foreign borrowing and debt repayment, Circular 12/2022/TT-NHNN adding more requirements on documents when paying for imported goods For deferred payment, enterprises must submit additional loan reports of late payments to service-providing banks, and regulations on imports of deferred goods must report loans (as stipulated in Circular No. 05). /2016/TT-NHNN added Clauses 3, 4, 5, 6, Article 4 of Circular 03/2016/TT-NHNN) unchanged. Accordingly, for shipments imported from abroad within 45 days from the date of customs clearance or 90 days from the date of B/L but have not yet been paid, enterprises need to report on the website of the State Bank to obtain Payment can be made via Bank. Read More
Consult Enterprise, Consult Heredity & Land Consultant, Investment & Consulting, News & Legislation
TAX FREE, TAX REDUCTION FOR ENTERPRISES IN 2021
The Covid-19 epidemic, which has lasted from 2019 to the present time, has shown no sign of stopping, causing significant changes in the global economy, and business entities are the clearest evidence for affected by disease. In order to support business entities and encourage the spirit of Vietnamese business owners and foreign investors, the State issued Resolution No. 406/NQ-UBTVQH15 regarding of income tax reduction policies and tax reduction for enterprises, business households and individuals. Read More
Consult Enterprise, Investment & Consulting
Conditions for establishing foreign-invested language center in Vietnam
Foreign investors who want a foreign language training center in Vietnam need to meet the conditions prescribed by the WTO and according to the laws of Vietnam. In this article, we – Inco Minh Anh Law Firm advise foreign investors on the conditions for establishing foreign-invested language center in Vietnam..
Firstly, conditions according to WTO regulations
According to WTO regulations, the conditions for establishing a foreign-invested foreign language center (CPC 929 including foreign language training) are: Foreign teachers working at training institutions must have at least 5 years teaching experience and must be professionally recognized by the Ministry of Education and Training of Vietnam.
Second, the conditions for establishment in accordance with Vietnamese law
Foreign-invested foreign language centers in accordance with Vietnamese law are short-term training and retraining establishments (Article 28 of Decree 86/2018/ND-CP). According to the provisions of Decree 86/2018/ND-CP, conditions for foreign-invested foreign language centers include: Read More