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).
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
1. Cases of permitting the transfer of land use rights in industrial zones
Pursuant to Articles 149, 174, 175 of the 2013 Land Law, economic organizations, households, individuals, overseas Vietnamese, and foreign-invested enterprises invest in production and business. Enterprises in industrial parks may sub-lease land associated with infrastructure from other economic organizations, overseas Vietnamese, foreign-invested enterprises investing in the construction and business of infrastructure, if:
• In case of sublease of land with one-off payment of land rental for the entire lease period, it is allowed to transfer land use rights.
• In case of sub-leasing land with annual rental payment, the transfer of land use rights is not allowed.
2. Conditions for transferring the right to use land in the IZ
• Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of receiving an inheritance specified in Clause 1, Article 168 of the Land Law
• Land is not disputed.
• Land use rights are not distrained to secure judgment enforcement.
• During the land use period.
• In addition to the conditions specified above, when exercising the right to transfer land use rights, land users in an industrial park must also fully satisfy the conditions prescribed in Articles 189, 190, 191, 192, 193 and 194 of the Land Law 2013. Read More
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,
- 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
According to Article 89 Construction Law 2014 in Vietnam: “Before starting work construction, the investor must obtain a construction permit issued by a competent state agency in accordance with this Law, except for cases where prescribed in Clause 2 of this Article”. Thus, investors, especially FDIs in industrial parks, are required to apply for a “construction permit” before building in the industrial park.
Inco Minh Anh Law Firm would like to guide the application for a new construction permit including:
- An application form for a construction permit, made according to the form in Appendix 1 of the Circular Circular 15/2016/TT-BXD Guiding on the issuance of a construction permit;
- A copy or file containing the main photocopy of one of the documents proving the land use right in accordance with the law on land;
- Copy of project approval decision, investment decision;
- A copy or file containing two main sets of approved technical design drawings or construction drawing designs in accordance with the law on construction, each set includes:
- A drawing of the site location of the work on the land plot at the scale of 1/100 – 1/500, enclosed with a map of the location of the work;
- Drawings of the main plans, elevations and sections of the work, scale 1/50 – 1/200;
- Drawing of foundation ground plan at scale 1/100 – 1/200 and foundation section at scale of 1/50, together with diagram of connection with technical infrastructure system of traffic; water supply; drainage of rainwater, dirty water; wastewater treatment; power supply; communications; other technical infrastructure systems related to the works, scale 1/50 – 1/200.
- A declaration of capacity and experience of the designing organization or individual who is in charge or in charge of construction design, enclosed with a copy of the practice certificate of the design manager or chairperson.
In the last article: Conditions for establishing a foreign-invested language center in Vietnam, Inco Minh Anh Law Firm advised foreign investors on the conditions to establish a foreign language center. With foreign investment capital in Vietnam, in this article, we will guide investors through the process for establishing foreign-invested language center.
Step 1: Issuing Certificate of Investment Registration for Target Project Establishing a Foreign Language Center
Investors who want to establish a foreign language center by themselves, without joint ventures or association with Vietnamese individuals or organizations must first apply for an Investment Registration Certificate. In the process of applying for an investment registration certificate, the investment registration certificate-issuing agency must obtain appraisal opinions from the Department of Education and Training because it is related to the training program, network planning educational institution.
The list of dossiers is as prescribed in Article 31 of the Investment Law 2020. The contents of the dossier must satisfy all conditions for foreign-invested foreign language centers according to Decree 86/2018/ND- CP and Circular 21/2018/TT-BGDDT. For details, see the article: Conditions for establishing a foreign-invested language center in Vietnam.
Step 2: Establish a project management business Establish a foreign language center
The foreign investor shall submit an application to the Business Registration Office where the Foreign Language Center operates, the dossier includes:
- Business registration application form.
- Company rules.
- List of founding members/shareholders
- A copy of the individual’s legal papers, for members being an individual, the legal representative;
- A copy of the organization’s legal papers for members being an organization and the document appointing an authorized representative; legal papers of individuals for authorized representatives of members being organizations.
- A copy of the Investment Registration Certificate for foreign investors in accordance with the Law on Investment.
The Government issued Decree No. 34/2018/ND-CP on the establishment, organization and operation of credit guarantee funds (SMF) for small and medium enterprises.
Accordingly, the new regulations on the conditions for granting SMF are as follows:
– Having an investment project, effective production and business plan, capable of repaying the loan.
– Investment projects, production and business plans evaluated by SMF and guaranteed under the provisions of this Decree.
– Having a minimum capital plan of at least 20% (formerly at least 15%) to participate in investment projects and production and business plans at the time the SMF are appraised for the issuance of a guarantee.
– At the time of applying for guaranty, the enterprise has no tax debts for one year or more. In case of tax debts due to objective reasons, the enterprises must obtain certification of the direct tax administration agency.
– Take measures to ensure the provision of loan guarantee according to the provisions of Article 25 of this Decree.
Accordingly, this new regulation has removed the requirement that the subject of the guarantee must have the total value of collateral and mortgage assets at the credit institution at least equal to 15% of the value of the loan.
Should you have any questions and need specific legal advice, please do not hesitate to contact us:
INCO MINH ANH CO., LTD
Email: [email protected]
Look forward to cooperate with you in future.
The Ministry of Labor, Invalids and Social Affairs has issued Circular No. 23/2017/TT-BLDTBXH, guiding the issuance of work permits to foreign employees working in Vietnam via the Internet. Accordingly, from October 2nd 2017, the issuance of work permits to foreign employees working in Vietnam and the re-issuance of permits will be made via the portal at http://dvc.vieclamvietnam.gov.vn.
Accordingly, at least 7 working days from the date the foreign worker intends to start working, the employer must declare the information in the application form and submit the application for a work permit via e-portal.
Within 5 working days after receiving the dossier, the licensing agency shall reply the result via email to the employer. Upon receipt of the result of notification of valid dossiers, the employers shall submit directly or by post the originals of the dossiers of application for permits to the licensing agency for inspection, comparison and archive. regulations. Read More
- Having full civil act capacity as prescribed by law.
- Having good health in accordance with work requirements.
- Being managers, executives, experts or technical workers.
- Not a criminal offender or subject to criminal prosecution in accordance with Vietnamese and foreign laws;
- Approved in writing by a competent state agency on the employment of foreign workers.
- Application for issuance of work permits by the employer.
- Application for obtaining working position approval from People’s Committee of city/province.
- The health certificate or report on medical examination.
- The criminal record.
- For a specialist: Bachelor’s degree or equivalent or higher qualifications.
- For a technician: Certificates or documents certifying that such foreign worker has been trained for at least 01 year or his/her major is relevant to the job(s)he is expected to taken in Vietnam; documents certifying that the foreign worker has at least 03 years of experience in relevant majors.
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application
- Passport or a substitute for passport or other license for international travel.
For obtaining working position approval: 15 working days from the date of receipt of valid documents.
For obtaining work permit: 07 working days from the date of receipt of valid documents. Read More
Consult Enterprise, Frequently Questions, Investment & Consulting, Procedure, Service, VISA, Passport, Word permit
Foreigners who have a work permit for a period of 12 months or more are entitled to temporary residence cards according to the regulations, the duration of the temporary residence card depends on the validity of the work permit.
- For investors being individuals, there must be documents evidencing that foreigners contribute capital to or invest in enterprises in Vietnam (business registration certificates or investment registration certificates .)
- For individual workers:
- Passport of foreigner must be valid at least 13 months.
- Foreigners must carry out procedures for temporary residence registration at the police office at commune or ward in accordance with regulations of Vietnam;
- For a foreigner who has a work permit, the work permit must be a minimum of one year (12 months).
- For cases where foreigners are exempted from work permits or do not fall into the cases where work permits must be issued, they must have a written certification of the labor agency’s permit for exemption from work permits.
- For cases where a foreigner has a Vietnamese spouse, a marriage registration certificate is required for the case of marriage registration in Vietnam and written marriage notes in case of marriage abroad.
- In cases where foreigners which have parents being Vietnamese citizens, a birth certificate or other documents proving the relationship between parents and blood relations with Vietnamese parents.
- Copy of Investment Certificate
- Copy of Business Registration
- Form NA6 – Application for temporary residence card
- Form NA8 – Temporary residence card application form
- Form NA16 – seal specimen registration
- Work permits or certifications of foreigners working in Vietnam are not subject to the granting of work permits
- Original Passport
- Letter of recommendation for Vietnamese staff to apply for temporary residence card at Immigration Office.
- Certificate of temporary residence registration or temporary residence book of the foreigner certified by the police of the ward or commune where the foreigner resides temporarily in Vietnam.
- Photo 2cmx3cm: Attached 02 units