How to Send Vietnamese Workers Working Abroad Under Contracts?

Decree No. 38/2020/ND-CP detailing the implementation of a number of articles of the law on Vietnamese workers working abroad under contracts has been signed by the Government on April 3, 2020 takeing effect from May 20, 2020.

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This Decree prescribes the areas and jobs workers must not go to work abroad; licenses, conditions and procedures for the grant or replacement of licenses for provision of services to send workers abroad; deposits of service-providing enterprises sending laborers to work abroad; deposits, management and use of deposits of enterprises performing the intern labor contract. Specifically:

Up to seven jobs are not allowed to for Vietnamese workers to work abroad including: massaging in the restaurants, hotels or entertainment centers; the work must be in constant contact with explosives, toxic substances in the metallurgy of non-ferrous metals (copper, lead, mercury, silver and zinc), regular contact with manganese, mercury dioxide; the work must be in contact with open radioactive sources, exploiting radioactive ores of all kinds; the production and packaging must be in constant contact with the chemicals of nitric acid, sodium sulfate, carbon disulfide, pesticides, herbicides, rat poison, antiseptic, and anti-termite with strong toxicity; hunting for wild animals, crocodiles and sharks; regular work in places where there is lack of air, high pressure (underground, in the ocean); shrouding, burial corpses, cremating corpses, exhuming graves.

In addition, it is prohibited to send workers to war zones or areas at risk of war, areas where radiation is being contaminated, areas contaminated with poison or areas with particularly dangerous epidemics.

For service-providing enterprises sending laborers to work overseas, to set up company, and comply with the law, they must meet the following conditions among others: the legal capital is not lower than VND 5,000,000,000 (five billion Vietnam dong); having owners, all members and shareholders being domestic investors under the provisions of the Law on Investment 2014; having an operation plan to send workers to work abroad; having a specialized apparatus and material foundations to organize the training of necessary knowledge for workers before going to work abroad and activities of sending laborers to work abroad; deposit VND 1,000,000,000 (one billion Vietnam dong) at commercial banks licensed to operate in Vietnam.

The enterprise sending workers to work abroad upon the form of practice for skills improvement makes deposit to account at commercial bank. The level of deposit of an enterprise sending workers to work abroad upon the form of practice for skills improvement is equal to 10% of the ordinary flight ticket of one class at the time the enterprise deposits from the country where the employee works. The number of workers going to work abroad in Vietnam under the Contract of accepting internships has been registered.

In addition, this Decree also stipulates the conditions for activities of sending laborers to work in the territory of Taiwan (China), to practice skills in Japan and to work as domestic servants in the host country of Middle East region.

The interested individuals and organizations should pay attention to implement details of the regulation or seek lawyers in the labour management areas for consultation.

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What To Do When the Trademark Certificate is Misplaced?

Trademark is a type of asset of individual and organization. To be officially recognized as an owner of that trademark, the applicant needs to submit the trademark registration dossiers to National Office of Intellectual Property in Vietnam (NOIP), pay the examination fee and certificate issuance fee to receive the trademark certificate.

The trademark owner needs to have the consciousness of protecting the trademark certificate. However, if unfortunately, the trademark certificate is misplaced, lost or damaged, torn, stained or faded out that it can no longer be used, the trademark owner may submit the dossier to NOIP to request for regranting the trademark certificate.

The specific required documents for re-granting the trademark certificate are:

-The declaration for regranting the trademark certificate;

-01 mark specimen;

-Power of attorney (if submit the dossiers via IP agent).

NOIP will consider the dossier within 01 month from the date of submitting. In case the dossier satisfies the provisions of law, NOIP will issue the decision to regrant the trademark certificate and record into the National Register of Industrial Property. The information in the duplicate version of the trademark certificate will present sufficiently the information in the first-granted trademark certificate and attached with the phrase “regranting version”.

In case of request for regranting the trademark certificate does not meet the provisions of law, NOIP will issue the denied decision and clearly sates the reasons.

If the client needs any other information or requires for further advice, our IP attorney at ANT Lawyers, the IP agent in Vietnam will be available for service.

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What information matters in M&A transaction?

Nowadays, in the field of business and investment, the term “Merger and Acquisition” (M&A) is a very common term. This is considered as one of the global investment methods, and is a business and development strategy applied by many businesses. In conducting the M&A, beside information provided by the target company, other information are also important before the buyer stepping into negotiation with the seller of the target company.

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Mergers and acquisitions are usually conducted through three main stages, that is: reviewing and evaluating target businesses, valuation and price negotiation, completing legal procedures. When participating in a business merger and acquisition, investor or buyer need to ensure high accuracy of inside information of the target business. It is extremely important for investor or buyer in determining the value of the deal as well as helping investors make decisions about whether to participate in the acquisition and merger of this business or not. The tasks to consider and evaluate the target business include searching information and evaluating the information on shareholders, investors, influential individuals, and further information i.e. financial statements, accounts receivable and payables, staffs, customers, business locations, facilities status, competitors, business registrations, licenses and business area divisions, company image, and potential disputes, or criminal records of relevant people of the target company.

In fact, not every country has specific regulations governing mergers and acquisitions, as does Vietnam, although it is mentioned in various legislations. In many cases, the investors have to search information, and evaluate the situation themselves to learn various aspects of the business beside the information given by the target company for instance finding general information about a business, information about the legal representative, information about business manager or capital contributors of that business as well as other related information. In particular, the buyer might be interested to know if the owner or shareholders have other business similar to the target business or if any of those have criminal records. Further, the buyer might wish to know the history or the target company with registration and changes of registration in the last three years. Other information about business lines, subsidiary, child companies, dependent companies, charter capital, founding shareholders, seal specimen could also be of importance business intelligence. Based on the information obtained, the buyer is able to reach some information conclusion about the business and the target beside official information provided by the target itself.

In conclusion, all relevant information about the business and people matters in M&A transaction, being corporate information or influential investors or stakeholders are important that the investor or buyer should pay attention to every details, and should attempt to search and evaluate such information such as part of their effort to evaluate market entry risks in investment through intelligence market entry risks analysis in Vietnam.

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Hanoi Calls for Direct Investment in 11 Large-Scale Agricultural and Rural Projects

Hanoi’s agriculture sector is calling for direct investment in Hanoi, in 11 large-scale agricultural and rural projects in the period of 2019 – 2025.

In the process of reviewing and synthesizing projects on development of agricultural production, projects on processing agricultural products being implemented, preparing for implementation, newly proposed investment projects, Department of Agriculture and Rural Development of Hanoi announced a list of projects calling for direct investment in the period 2019 – 2025.

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The largest contributor is high-tech agricultural projects. Currently in the city, there are 105 models of high-tech agriculture application, 71 associate models in agricultural production in the direction of high technology. Thanks to the application of high technology, many models have brought the economic efficiency of billions of dong/ha of cultivation. The application of modern techniques and technologies to agricultural production has brought about great effects on the productivity and quality of agricultural products.

With the effectiveness of this model, Hanoi calls for investment in hi-tech agricultural production projects in An Thuong and Song Phuong communes, Hoai Duc district, on an area of ​​668 hectares, with an expected investment capital of 1,000 billions VND. The project of hi-tech agriculture in Hien Ninh commune, Soc Son district with the scale of 120 hectares and expected investment capital of 350 billion VND. The project of high-tech agriculture in Thanh Xuan and Tan Dan communes, Soc Son district, on an area of ​​70 hectares, with an investment of 150 billion VND.

High-tech agricultural production projects in the banks of Day river in Dong Thap commune, Dan Phuong district, with scale of 23.3 ha, estimated investment of 1,000 billion VND. High-tech agricultural production projects in Kim Son commune, Son Tay town, on an area of ​​80 ha and an investment of 1,300 billion VND. High-tech agricultural production projects in Ba Vi district, with the scale of 300 ha, expected investment of 100 billion VND.

Project on agriculture in combination with ecotourism in Hiep Thuan commune, Phuc Tho district, with a scale of 200 ha, expected investment of 1,300 billion VND.

In addition, the Department of Agriculture and Rural Development of Hanoi also proposed a series of projects of concentrated cattle slaughtering areas in Quang Lang and Tri Thuy communes specializing in cattle slaughtering in Phu Xuyen district, with an area of ​​2.74 hectares and expected investment capital of 350 billions VND. Project on cattle slaughter area in Tri Lai village, Dong Thai commune, Ba Vi district with a scale of 4 ha and expected investment capital of 350 billion VND. Project of cattle and poultry slaughtering area in Trach My Loc commune, Phuc Tho district on an area of 10 hectares, estimated investment of 400 billion VND. Project of ​​cattle and poultry slaughtering in Minh Phu commune, Soc Son district, on an area of 10 hectares, estimated investment of 400 billion VND.

With a series of these new projects, Hanoi strives to reduce by 50% the number of small slaughterhouses in residential areas by 2020, proceed to end small scattered slaughtering activities in districts and towns.

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“Golden Opportunity” To Welcome FDI Movement

There are “golden opportunities” for the world to know Vietnam and invest in Vietnam, with a special advantage of “strategic trust”, a safe investment destination and ready to welcome shifting capital flows. But taking advantage of opportunities or not depends on the actions of Vietnam.

There is no doubt that there is a wave of foreign investment moving away from China into Southeast Asia, including Vietnam.

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In fact, the trend of shifting investment from China into Vietnam has started to become stronger since last year, after the US – China trade war became more and more complicated. The Covid-19 pandemic has accelerated this trend. Not only the administration of President Donald Trump, but also many European countries, including Japan have also called and announced their willingness to support their companies to move production out of China to reduce dependence on this economy.

Perhaps, because of that, for the first time, Apple is stepping up the production of AirPods wireless headphones in Vietnam, the number can be up to millions of products. And not only headphones, but many other important components are also expected to be manufactured in Vietnam, helping Apple no longer have to rely heavily on suppliers from the Chinese market. Recently, Apple Vietnam has announced the recruitment of many important technical personnel, and the move is thought to be made to better monitor the production of these components in Vietnam.

Both Microsoft, Samsung, LG and many other large and small corporations are also investing in Vietnam market.

Speaking at the Prime Minister’s meeting with businesses, representatives of European, Japanese, Korean and US businesses… in Vietnam have confirmed their interest in Vietnam’s investment destination.

In the first four months of 2020, foreign investment in Vietnam tended to decline, but according to the Deputy Minister of Planning and Investment, Vietnam was still a lucky market, as one of the few countries in the world still recorded positive investment flows. If Vietnam early controls the epidemic and the positive macroeconomic prospects return from the third quarter, it may benefit from the shift of foreign investment flows.

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Trading Conditions on Medical Device in Viet Nam

Medical device includes device related to human health, therefore, the business of medical device in the conditional business line in accordance with the law of Vietnam. Medical device is defined as kinds of device, tools, materials for implanting activities, reagents and in vitro calibration solutions, software which are used separately or in association with each other according to the instruction of their owners for human use for the purpose of diagnostic, prevention, supervision, treatment and elimination the illness or to making up for pains.

For medical device trading purpose in Vietnam, first of all, the enterprise should classify medical device. Medical device circulated in Vietnam will be classified based on the level of potential risks associated with the technical design and manufacture of such medical device.

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Pursuant to Decree No.36/2016/ND-CP on medical device management, medical device shall be classified into the following 2 groups which are divided into 4 types as follows:

– Type 1 comprises Type A medical device which is medical device with low level of risks.

– Type 2 comprises Type B, C and D medical device, where

+ Type B medical device is medical device with lower average level of risks;

+ Type C medical device is medical device with upper average level of risks;

+ Type D medical device is medical device with high level of risks.

In case medical device can be classified into two or more levels of risk, the classification by the highest risk level of such medical device shall be applied. The classification of medical device must be conducted by qualified organizations as provided by law. In addition, the law of Vietnam recognizes the results of classification of medical device made by competent regulatory body in other countries such as Korea, Japan, … on the basis of international treaties or international arrangements to which Vietnam is a party or of a country which adopts a medical device classification system similar to that adopted by Vietnam.

After classifying medical device, the enterprise shall declare applicable standards for Type A medical device or issue certificate of free-sale registration for Type B, C, D medical device. This procedure makes sure that medical device which the enterprise has trading requirements, is allowed to be distributed in Vietnam.

Finally, with the exception of medical device of type A, in order to directly sell medical device to consumers, the enterprise needs to ensure the staffing requirements as well as the material facility requirements in accordance with the law, for instance:

Trading premise must have technically qualified staffs to perform the installation and use instructions suitable to the medical device which the establishment buys and sells, including at least one qualified technical staff specialized in technical or medical or pharmaceutical medical or technical colleges of medical device or higher or college or higher degree, whose specialized training is appropriate to the type of medical device that the establishment purchase.

Trading premise needs to prepare the warehouse which has area in accordance with the type and the quantity of the medical device to be stored. The warehouse should be airy, dry, clean, separated from sources of pollution and satisfied with other storing requirement device according to its manual. In addition, trading premise shall have suitable transportation vehicles for delivering of medical devices from trading premise to received place. In case there are no storage facilities or transport means, a contract with an establishment satisfying requirements for storage facilities and transport of medical device shall be concluded

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Vietnam is ready to attract investment after the pandemic

The Covid-19 pandemic is spreading strongly around the world, affecting the world economy. A number of countries, with efforts to prevent, gradually control the spread of the disease and are entering the stage of economic recovery after the epidemic, including Vietnam.

With efforts in disease prevention, since mid-April 2020, Vietnam has basically prevented the pandemic which form the basis for attracting investment and developing production. Among Southeast Asian countries, it is forecasted that Vietnam will still be the country with the highest GDP growth rate in 2020, so investing in Vietnam is an opportunity for both domestic and foreign investors to apply for investment registration, set up company and factory.

On May 9th, 2020, the Government of Vietnam proposed economic development plans and plans to attract investment in Vietnam after the pandemic. The Government has launched many measures to support businesses such as reducing corporate income tax for small and micro enterprises; exemption from agricultural land use tax; adjusting export and import tax to support the operation of enterprises. In addition, the Ministry of Finance will also study and propose to delay the deadline for holding the General Meeting of Shareholders by 3 months (until before September 30), reducing the deadline for information disclosure of treasury stocks (from 7 days to 1-2 days left); increase the credit limit for securities industry; allowing enterprises with foreign direct investment (FDI) if eligible to be listed on the stock market.

Currently, Vietnam’s prestige and position are highly appreciated by the international community for its success in the prevention of pandemics, which shows that Vietnam is a desirable destination for international investors in the situation. Besides, the spread of pandemic in many countries around the world are complicated. In addition, the Covid-19 pandemic has created new awareness in changing consumer tastes, trading with remote principles, limiting exposure, developing new online businesses based on digital economy, pharmaceutical chemicals, e-logistics, etc. this case will give international investors many market opportunities when investing in Vietnam.

In order to seize the opportunity to welcome the wave of investment in Vietnam, the Government of Vietnam has devised many plans to attract and support investment, in order to help foreign investors can shift their investment to Vietnam in this time for applying for investment registration and business registration, to set up company and factory. In the coming time, with the prevention efforts and the plan to attract investment, Vietnam is expected to be a safe destination both for the health and economy of international investors.

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Aviation and Aviation Support Service in Vietnam

Foreign investors could promote and participate in aviation and aviation related services in Vietnam through setting up representative office, setting up company, engaged in business cooperation contract or joint venture.

Civil aviation industry in Vietnam has really developed in the last 20 years. Until now, many Vietnam domestic airlines provide aviation services such as Vietnam Airline, Vietjet Air, Jetstar Pacific, etc that brings more choices to customers as well as business and investment opportunities to Vietnam and foreign investors.

The foundation of aviation and aviation support services are governed under Civil Aviation Act 2006 which was amended in 2014.

The differences of aviation and aviation support service?

Most of us are aware of aviation throughout use them for our demand to travel or transport goods. Air transport operations include two type of air transportation business and general aviation business. In detail, air transport business is the transportation of passengers, baggage, cargo and postal items by air for the purpose of profit, and general aviation business is general aviation activities. Air transport service business is conditional business activity that requires plans to ensure availability of aircraft for operations, organizational apparatus, business plans, development strategies and capital requirements. Depending on the scale of business operation of air transport enterprise, capital requirements is significant. Because of the typical elements of aviation especially air transport service, participants in the air transportation business have to sufficient financial resources as well as capacity management and administration.On the other hand, aviation support service include air navigation service business; airport service business; aviation staff training, coaching and mentoring service business; services relating to design, manufacture, maintenance, testing of aircraft, engines, propellers and equipment thereof within Vietnam and so on. Those are also the conditional business activities depending on the type of service that requires different conditions for the strategic plan, organizational structure, capital requirement or foreign ownership of the charter capital. For example aviation staff training, coaching and mentoring service business requires investor to ensure requirements concerning the facilities, equipment, components and lecturers as well as about training courses, training or coaching materials.

Opportunities of aviation and aviation support service?

As a country with over 90 million people like Vietnam along with the development of economy and the increasing of Vietnamese’s life quality, the aviation service business is growing because of demand hence aviation support service business is also developing in natural way. Vietnam has increasingly created favorable conditions for not only organizations and individuals of Vietnam but also foreign investors to cooperate and invest in civil aviation.

The aviation support services have been fairly common in the world, but not really developed in Vietnam especially services relating to design, manufacture, maintenance aircraft therefore when domestic enterprises have demand, they frequently hire service abroad. Besides, aviation staff training, coaching and mentoring service requires foreign experts. There are significant opportunities for foreign investors who have knowledge, skill and experience in this field to access and provide aviation support services to domestic and international airlines in Vietnam.

Vietnam has been investing heavily in airport infrastructures expansion preparing for growing of airlines fleets and frequency which means more opportunities for aviation and aviation related services are opening. The law in aviation and aviation related services are continuously changing. ANT Lawyers in Hanoi, Da Nang and Ho Chi Minh City continue to follow and provide update to its clients in legal aspect of aviation and aviation related services in particular and transportation in general in Vietnam for the legal understanding, compliance and business cooperation and investment purpose in regulatory and policy research, contract review, dispute in transactions or employment matters, incorporation.

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Tam Thang Industrial Zone offers a new investment destination in Quang Nam

Tam Thang Industrial Zone (IZ), one of the 05 Industrial Zones of Chu Lai Open Economic Zones, is located in Tam Ky City of Quang Nam Province, with an area of ​​197.1 ha. This IZ is considered the top investment attraction of the province for foreign investor to set up companies and manufacturing facilities in Vietnam.

Tam Thang Industrial Zone is the place which attract domestic and foreign investment of Quang Nam province. With the plan of site clearance, compensation and infrastructure construction quickly, this place is highly appreciated by many investors when investing in Vietnam. Especially, this is the first industrial zone in Vietnam with a secondary investor to build a wastewater treatment and a water recycling plant. In particular, this is the first industrial park in Vietnam to have a factory to reuse wastewater. This explains why Tam Thang Industrial Park has a special attraction to many investors, especially investors from Korea and more recently investors from Europe. With the purpose of developing the industrial park in the direction of green-clean-beauty, the investor has implemented many environmental protection policies besides attracting investment here.

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Til end of 2019, Tam Thang Industrial Zone has attracted 23 investment projects. Accounted for the majority of FDI with 18 projects, a total registered capital of about 515 million USD has poured into the implementation of more than 400 million USD. The remainder is domestic projects with a total implemented capital of VND 157 billion /VND 338.6 billion of total registered investment capital.

This Industrial Zone has housed corporations and national companies with famous brands all over the world participating as Panko (textile), Hyosung (supporting the automobile industry), OCC of Korea, Fashion Garments (Hong Kong), including German “fastidious” investors such as Amann, Wendler … There are currently 16 projects in operation, creating jobs for more than 10,000 workers with the occupancy rate of industrial parks reaching 72%.

With many of its development efforts, along with supporting businesses, approaching investors, reforming administrative procedures, quickly assisting investors in investing, recruiting workers, solving ground clearance, etc. this will help domestic and foreign investors to easily invest, bringing high economic benefits when investing in Tam Thang Industrial Zone.

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Regulation on Grid Connected Solar Power Investment Project

The Ministry of Industry and Trade has recently issued Circular 16/2017/TT-BCT on project development and the model purchase contract for solar power projects.

Accordingly, the grid connected solar power investment projects are regulated as follows:

– The investor can only set up a solar power investment project included in the provincial and national level solar-power development plan; or provincial and national power development plan that are approved.

– The contents of the solar power investment project must comply with the regulations on management of investment in construction and the following requirements:

+ Evaluate the impact of solar power project connection plan on the power system in the area.

+ Having equipment connected to the SCADA system or moderation information so that the forecast information on electricity output can be transmitted per hour to the regulated agency.

– The equity ratio of grid connected solar power projects should not less than 20% of the total investment.

– The area of long-term land use shall not exceed 1.2 ha/01 MWp.

Circular 16/2017/TT-BCT takes effect on October 26th 2017.

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How to Set up Foreign Owned Company in IT and Computer Related Service?

Information technology and computer related service have played an extremely important role in life as well as in business activities on global scale. The industrial revolution 4.0 has comprised of many technologies and IT and computer service take a big part of such. The laws of Vietnam and the international commitments to which Vietnam is a party have no restrictions on foreign investors in terms of both the form of investment and the proportion of capital contribution in business in this field. Further, Vietnam prioritizes and encourages development in the field of IT and computer services which is considered attracting high level of intelligence and green business. The investors have grown confidence in Vietnam’s increasingly improved legal systems to protect the Intellectual Property rights in trademark and copyright to protect the company and individuals to exploit economic benefits in IT and computer related service areas.

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IT is the core foundation of smart city, intelligent transport system, intelligent education. Computer services and related services include: consulting services related to computer hardware installation, software implementation services, data processing services, database services, services maintenance and maintenance of office machinery and equipment, including computers and other computer services.

Under Vietnam’s WTO commitments, foreign investors are allowed to set up 100% foreign-invested enterprises to conduct business in IT and computer services and related services. At the same time, it is allowed for computer service business enterprises to set up branches when there is a need to generate additional business activities at locations outside the head office of the enterprise.

To establish an enterprise with 100% foreign invested capital, investors need to apply for an Investment Registration Certificate in accordance with the Law on Investment 2014 and an Enterprise Registration Certificate in accordance with the Law on Enterprise 2014.

A dossier of application for an Investment Registration Certificate comprises: a written request for implementation of an investment project; copy of identity card, citizen identity card or passport for individual investor and copy of establishment certificate or equivalent document certifying legal status for institutional investor; investment project proposal; copies of the latest 2-year financial statements or commitment of financial support of the parent company or financial institution or guarantee of investor’s financial capacity or documents explaining the financial capacity of the house invest; a copy of the location lease agreement or other documents certifying that the investor has the right to use the project location. If the project uses technologies on the list of technologies restricted from transfer, the explanation of the use of technologies must be submitted. Within 15 days from the date of receiving the complete and valid file, the Department of Planning and Investment will issue the Investment Registration Certificate to the foreign investor.

An Enterprise Registration Certificate dossier comprises: an application for enterprise registration; enterprise’s regulations; a list of members of a limited liability company with two or more members or a list of general partners; a notarized copy of identity card or valid passport of individual member; a notarized copy of the Enterprise Registration Certificate of the organization’s member; a notarized copy of valid identity card or passport of the organization’s legal representative; copy of Investment Registration Certificate. After 03 working days from the date of receiving a complete and valid dossier, the Department of Planning and Investment will issue an Enterprise Registration Certificate.

For the establishment of a branch, a dependent unit of the enterprise, tasked to perform all or a part of the functions of the enterprise, including an authorized representative function, business lines of a branch must be consistent with the business line of the enterprise. When registering a branch operation, the enterprise must send a notice of setting up the branch to the Business Registration Office where the branch is located. A dossier of establishment of a branch comprises of a notice of establishment of a branch; branch establishment decisions; decisions to appoint branch heads; minutes of meeting of establishment of branch; copy of the Business Registration Certificate; copy of identity card or Passport of the head of branch. Within 3 working days after receiving a valid dossier, the Enterprise Registration Office shall grant a branch operation registration certificate.

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Shipping and Maritime

Shipping and maritime law firm in Vietnam may represent and defend the interests of commercial ship owners and charters involving the total spectrum of maritime casualties, accidents and disputes which may arise in reference to commercial ocean shipping.

Additionally shipping and maritime lawyers of law firm in Vietnam are frequently appointed by a broad vary of domestic and international marine insurance corporations directly or through our international partner law firms in UK, US and Australia to represent and defend the interests of their insureds in reference to casualties involving each commercial and recreational vessels.

When legal proceeding arises from a maritime casualty or dispute shipping and maritime lawyers in Vietnam commit the total range of the firm’s resources and therefore the intensive litigation expertise of our attorneys to attain the most effective potential outcome for the client. The attorneys additionally counsel ship owners, charters, marine insurers and clients on risk avoidance, regulative necessities and strategic legal solutions.

An overview of the a number of the kinds of maritime claims, casualties and transactions that admiralty and maritime lawyers regularly handle are as following:

1.International Sales and Purchase of Ships (bulk, container) under Vietnamese or foreign flags including negotiation, MOA, validating legal documents on ownership, sales decision, registration, sales closing and ship delivery;

2.Casualty Defense, Investigation and Litigation

-Collisions

-Cargo damage

-Personal injury and death (seamen, longshoremen and passengers)

-Property damage

-Product liability

-Shipowner’s limitation of liability

3.Marine Liability Insurance

4.Disputes

-Bills of Lading

-Charter party disputes

-Vessel mortgage foreclosure

-Ship arrests

-Ship collisions

-Cargo claims

-Cargo detention or seizure by Vietnam Authority

-Dispute on outstanding payment

5.General Average and Salvage Claims

6.Vessel Regulatory Matters

-Regulatory compliance

-Civil fines and penalties

-Security issues

7.Maritime Contracts

-Contracts of affreightment, bills of lading and charter parties

-Drafting and advice

8.Recreational Boating

-Injuries and Property Damage

-Product Liability

-Sales and documentation

-Subrogation

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How To Determine The Child Custody in a Divorce?

Upon divorce, in addition to dispute over property division, child custody dispute is also popular. How to determine the child custody in a divorce depends on many factors and the parties are suggested to consult with dispute lawyers in Vietnam in civil matters. The following does not try to give legal advice but a brief opinions on the matters of concern for reference.

According to Vietnamese law, after a divorce, parents still have rights and obligations of looking after, caring for, raising and educating minor children or adult children losing their legal capacity or having no working capacity and no property to support themselves. The law always prioritizes agreement right of both parties. Accordingly, husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the Court shall appoint one party to directly raise the children, based on the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered. In addition, a under-36-months child shall be directly raised by the mother, unless the mother can not afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in accordance with the interests of the child.

In reality, opinion of the children is only regarded as orientation and reference for the Court to consider making decision, not as completely decisive meaning. The Court shall ba

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se on interests of the children to appoint one party to directly raise him/her, according to: living, current education of the children, occupation of the direct caretaker, accommodation condition after divorce, income, child care time… and some other elements of each party. Accordingly, the person being entitled to directly raise the children must prove themselves to provide the most favorable environment for normal development requirements of the children and have enough conditions for ensuring both economy and mental health. The person being entitled to directly raise the children must prove themselves to have enough material conditions (stable income, property, and accommodation…), mental condition (having enough time to be with the children, care for, raise them, always put the children at the forefront…) to make the children have more stable life an

d more developed than living with the other party. In addition, one of the parties can provide additional evidence to prove that the other party does not have enough material conditions and mental condition to raise the children or often has behaviors of violence, unstable income…

In case of request of a parent or individual, organization being entitled to request (Next of kin; The state management agency in charge of families; The state management agency in charge of children; The women’s union), the Court may decide to change the person directly raising a child. The change of the person directly raising a child shall be settled if there is one of the following grounds: (i) The parents agrees on change of the person directly raising a child in the interests of this child; (ii) The direct caretaker no longer has sufficient conditions to directly look after, care for, raise and educate the child. Like divorce settlement, desire of full-7-years or older child shall be considered in case of changing the person directly raising a child. Seeing that both parents fail to have sufficient conditions to directly raise a child, the Court shall decide to assign this child to a guardian.

Obligations and rights of indirect caretaker after divorce: (i) Respect the child’s right to live with the direct caretaker; (ii) Support this child; (iii) Visit and care for this child without being obstructed by any person after divorce. Direct caretaker is entitled to require the Court to restrict the right of the indirect caretaker if the latter takes advantage of his/her visit to and care for the child to prevent or adversely affect the looking after, care for, raising and education of this child.

In accordance with obligations and rights of indirect caretaker, direct caretaker also has obligations and rights toward indirect caretaker after divorce: (i) require the indirect caretaker to fulfill the obligations; (ii) require this person and family members to respect his/her right of raising the child; (iii) The direct caretaker and family members shall not prevent indirect caretaker from visiting, caring for, raising and educating this child.

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