High-tech Crime in Vietnam | ANT Lawyers

The Vietnam Public Security have arrested a number of foreigners using of fake ATM cards to withdraw money in Vietnam in both Hanoi and Ho Chi Minh City.

Through the Vietnam Foreign Affairs Department, the Public Security will inform the respective foreign Consulate in Vietnam and the family of the foreigners commited crime to invite lawyers in Vietnam to cooperate during the investigation, prosecution and trial process in Vietnam.

It has been reported recently that some criminal organizations abroad have selected Vietnam as a place to perform illegal acts. The act of using internet network and high- tech system to steal money in credit cards, in ATM machines to spend in Vietnam or convert them into foreign currency to bring abroad are getting more common. Unauthorized intrusion into the database of key economic sectors such as postal , telecommunications, banking, and websites to steal information, domain name, credit card to make online purchase or usage of fake ATM cards to withdraw cash from ATM machines in Vietnam are violation of Vietnam Criminal Code.

Currently, under the provisions of the Vietnam Criminal Code, Article 224, 225 and 226 are governing the violations in the field of high-tech crime. Article 224 governs the acts to create and spread virus information; Article 225 governs the breach of operation, and usage of electronic computers; and Article 226 governs the unauthorized usage of information online and in computers. As the high-tech crime has no borders and gets more sophisticated, the Vietnam law experts are calling for a stricter sanctions to deter and prevent it from spreading.

However the Vietnam law experts have also admitted that the current Vietnam Penal Code also have limitations due to the high-tech’s complexity in nature resulting in difficulties for Vietnam Procedure Conducting Agencies at Public Security’s Investigation Agency, Public Prosecutor, and High Court of Vietnam.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have law firm in Hanoi, law firm in Ho Chi Minh City and law firm in Da Nang.

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Adding Foreign Subjects to Own Resident Houses in Vietnam | ANT Lawyers

 The Draft Law on House (amended) has currently taken lots of attentions of not only investors but residents. One of the significant amendments is provision on house ownership of foreign organizations, individuals.

According to Articles 161, 162, 163 of Draft Law, there are 3 cases that the foreigners may own resident houses in Vietnam as following:

- Foreign organizations, individuals invest the construct resident houses according to projects for sale, lease, hire-purchase sale.

- Foreign owned enterprises, branches, representative offices of the enterprises without business in real estate, foreign investment funds and branches of foreign banks permitted to operate in Vietnam are entitled to buy, donate, inherit the commercial houses in projects of resident houses development, new urban areas, tourism real estate.

- Foreign individuals who are allowed to enter Vietnam, not belong to incentive rights, diplomatic or consular immunity.

However, subjects at section 2 and 3 are eligible to own houses in maximum term of 70 years, from the issuance date and can extend according to laws at that moment. They are not allowed to buy and own social houses, just buy and own commercial houses. They are also eligible to own unlimited number of commercial houses in commercial resident house development projects, new urban area or tourism real estate. These new provisions will become important points for real estate market in Vietnam. Especially, the foreign individuals are allowed to enter Vietnam, entitled to buy and own resident houses in Vietnam. It’s expected to make a big change in real estate in Vietnam when the new Law on House (amended) is adopted. ANT Lawyers, your lawyers in Vietnam.

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Reduction of tax rates for import from Japan and ASEAN countries | ANT Lawyers

 Implementation of Agreement on ASEAN Japan Comprehension Economic Partnership (AJCEP) and Vietnam Japan Comprehension Economic Partnership (VJCEP), Ministry of Finance issued Circular No. 02 20/2012/TT-BTC and Circular No. 21/2012/TT-BTC dated 15.02.2012 giving instructions on the new special preferencial import tariff.

Accordingly, from the date of Apr 1st, 2012, import tax of products such as electronics, refrigerators, appliances, machinery, and agricultural products, processed food imported from Japan and ASEAN countries into Vietnam will be reduced to the committed schedule.

Under the VJCEP and AJCEP Tariff, most of food items such as meat products and by-products, fish fillets, butter, milk, rice, chemicals, plastics, fabrics and textile materials, iron and steel will be reduced import tax according to the schedule committed; notably some items will have import tax reduce to 0%.

Many electronics will be applied new tariffs such as: telecommunication camera taxes will be reduced from 5% to 2.5% in 2014, some digital cameras will even be enjoied a tax rate of 0% after two years. The appliances such as kitchen utensils, sink, bathtub will also decrease from 19% in 2012 to 14% in 2014.

Notably, agricultural tractors taxe rates will reduce from 10% to 0%; motor vehicles used to transport goods, which the maximum weight of not over 05 tons from 80% to 20%; vehicles used to transport goods with a total weight of 05-10 tons from 60% to 20%.

As commitment in the AJCEP Agreement, goods on the list of common goods (accounting for 88.6% of total tariff lines) are forced to reduce tariffs to 0% in 2025, while during the process, a total of 62.2% tariff lines will be lowered to 0% in 2018.

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Condition of foreign vehicles entering Vietnam for tourism | ANT Lawyers

 Vietnam is an attractive destination for foreign tourists. Year to year, more and more tourists from many countries enter Vietnam for tourism. Vietnam laws are improving to open the regulations relating to tourism in order to develop this area.

Decree 152/2013/ND-CP on management of foreign vehicles of foreigners entering Vietnam for traveling takes effect on December 25th 2013, regulates that vehicles of foreigners may enter into Vietnam if having obtained the acceptance paper of the Transportation Ministry. The procedure for granting this acceptance paper will be conducted through a Vietnamese international tourism company. It is noted that the procedure applies only for motors, coaches under 9 seats which obtained valid vehicle registrations, verification certificates of technical safety, and environment protection. The owners must be foreign citizens which have passports or other equivalent documents valid for 6 months at least.

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Types of Criminal Record | ANT Lawyers

 As regulated in Clause 4, Article 2 of the Law on Criminal Record, criminal record is a document issued by the Department of Justice or the National Centre for Criminal Record, which have the value to demonstrate that a person is with or without a criminal conviction; is prohibited or not prohibited from holding position, managing or establishing business or not.

As stipulated in Article 41 of the Law on Criminal Record, there are 2 types of criminal record card:

– Criminal record form 01 is issued upon request by Vietnam citizen or foreigners residing in Vietnam and State agencies, political organizations, political – social organizations to serve human resources management activities, business registration activities, establishment and management of enterprises or cooperatives.

– Criminal record form 02 is issued for the agency conducting the proceedings and at the request of individuals who want to know the contents of their criminal record.

Lawyers at ANT Lawyers, a law firms in Vietnam will be available to assist client to navigate through procedures to apply and obtain criminal record in Vietnam.

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Change of Child Raising Person after Divorce | ANT Lawyers

 When divorce, children raising issue is very important and is always considered by the parties. Typically, parents always want the best for their children. However, there are also cases that the person who is raising that child unable to provide comprehensive benefits for the child. Then the person who is not directly raise the child may request for caregiver to ensure human rights.

ANT Lawyers would advise to customers some of the content in the issue of stipulating caregiver and change of caregiver after divorce.

The nursing, take care, educating and parenting after divorce

After divorce, parents are still obliged to look after, take care, educating, parenting minors or adults who are disabled, lost their civil act capacity, inability to work and have no property to support themselves.

The person who is not directly raises children have to provide rearing support.

Husband and wife agree on the person who directly raise the children, the rights and obligations of each party after divorce to their children; if no agreement is reached, the Court decided to assign one party to directly raise children based on the interests of that children in all aspects; if the children is nine years old or older, the wishes of the children must be considered.

In principle, children under three years of age are directly raised by the mother, unless the parties agree otherwise.

Change the person who directly raises children after divorce

For the benefit of the children, at the request of one or both parties, the Court may decide to change the child directly raising people.

The change of child directly raising people after divorce is conducted in case the people who directly raise the child does not guarantee the rights of the child in all aspects. Moreover, if the child is nine years old or older, we have to take into consideration the aspirations of the child.

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Does Tenancy Agreement Need to Be Notarized? | ANT Lawyers

 Housing rental contracts are made and implemented by the lessee and the lessor, including the conditions and responsibilities of the two parties to the rental housing, the terms stated in the contract is right with the prior agreement of the two sides.

Article 492 the Civil Code 2005 provides for the form of lease agreement as follows: “Housing rental contract must be made in writing, if the lease term is six months or above, it must be notarized or certified and must register, unless other cases provided by law.”

Paragraph 2 of Article 122 – Housing Act 2014 provides that, in case the organization donated the house for charity purpose; purchase and lease purchase of houses under state ownership; purchase or lease purchase of social housing, housing for resettlement; housing capital contribution in which one party is organization; case of leasing, lending, allowing for temporary and authorized to manage the house are not required for notarization and authentication of contracts, unless the parties have needs.

In part a, point 28, section III of Resolution No. 52/NQ-CP on the administrative procedures in the field of judicial support, the attached Appendix have clearly stated that the regulation about mandatory notarization of some contracts, including housing lease contracts will be eliminated.

Thus, from the above regulations, we can see that currently, Vietnam law is not compulsory that tenancy agreement have to be notarized. The notarized or not is up to the parties involving in the contract. However, in order to ensure the interests of the parties in the contract, the parties could consider notarized housing lease contracts.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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Five types of real estate contracts abolished mandatory notarization procedure | ANT Lawyers

  According to the regulation of Civil Code 2015, some of the transactions which are required to implement the process of notarization and registration according to the regulation of the laws. As real estate transactions are normally at high value, the process of notarization and registration would help parties involved to be protected from falsified transactions.

As the stipulated in the Real estate trading 2014, the real estate trading agreement must be made in writing. The agreement notarizing or authenticating shall be discussed by contracting parties. However, the real estate trading agreement in which on building sale or lease purchase agreements or land transfer agreements concluded by households and individuals who conduct small-scale or irregular transactions of real estate sale, transfer, lease-out, and lease purchase shall not be required to set up enterprises, but they shall make tax declaration as prescribed need to be implemented the mandatory notarization procedure.

The procedure and dossier for notarization the real estate agreement will be implement according to the regulations of Law on notarization 2014.

Our real estate lawyers in Vietnam recommend client to have house leasing contracts voluntarily notarized to better protect their interests in disputes or any future issues.

For more information or legal advice in real estate transactions, we are glad to assist. ANT Lawyers, your lawyers in Vietnam.

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Cosmetics Safety Requirement in Vietnam | ANT Lawyers

 Cosmetics safety has always been concern when such are on sale in an open market.

Compatible with the Combination Convention in the cosmetic management which has been signed by countries are member of the Association of Southeast Asian Nations on September 2nd, 2003 (ASEAN Cosmetic Convention), Vietnam law not only requires the organization or the individual which delivers the product to the market must guarantee that its product shall be harmless for people’s health when exerted in normal or appropriate conditions supplied by the producer or the owner, but also requires the producer or the owner to have obligation in evaluating the safety of every cosmetic product in accordance with the ASEAN safety norm. Besides, the heavy metal limit and the microorganisms in the cosmetic must satisfy the ASEAN’s requirements. The cosmetic Ingredients must satisfy the Appendix requirements (Annexes) – new version of the ASEAN Cosmetic Convention.

This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Law firm in Hanoi, Law firm in Ho Chi Minh City and Law firm in Da Nang.

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 These are rules for cosmetics labeling to follow in Vietnam:

For cosmetic label content, Vietnam Law provides that the cosmetic product’s label must be suitable for requirements of the cosmetic label writing set by the ASEAN. The following contents must be presented on the label:

The product’s name and function, unless the presented form of product has been displayed clearly the product’s function;


The usage instruction, unless the presented form clearly been displayed the product’s using manner;


The full formula ingredients: must write clearly ingredients according to the international nomenclature regulated for latest printed forms;


The country where the product was made;


The name and the address of organizations or individuals who are responsible for putting products on market (written fully in Vietnamese according to the business registration certificate or the investment license);



Quantification is presented with weight or volume, in regard to the meter system or the meter system and the British system;


The manufacture lot number;


The manufacture day or the expiry must be clearly presented (i.e.: day/month/year). The date writing way must clearly be presented and involved of month/year or day/month/year in right order. The “expiry” or “the best using before date” can be exerted, if necessary, can add the instructed condition needs obey to make sure of the product’s stability.

Referring to products with the stability below 30 months, the writing of expiry day is compulsory;

Warning about safety for usage; especially, warnings in the “usage condition and required alarms are compelled to be printed the product’s label” column is referred in Appendices of ASEAN Cosmetic Treaty; these alarms are compelled to be printed on the label.

In case, the size, the form, or the package material cannot be fully printed information on the original label, these required contents have to be printed on the auxiliary label attached with the cosmetic product and on the original label must figure out the position in which these contents are printed. The following information is compelled to be printed on the original label of product‘s the direct packing: the product’s name and the product lot number.

The current regulations also allow organizations and individuals to present other information on the label with the conditions that these information must not be opposite to the law and guarantee the honesty, the accuracy, the true reflection of the product’s quality without causing the imperative content or the cosmetic label hidden or deviated.

For the presented language on the cosmetic label, the contents of the usage instruction, the name and the address of organizations and individuals who are responsible for putting the cosmetic products on market, and the warning about safety for usage must be written in Vietnamese. For the remaining information, the language presented on the cosmetic label must be written in English or Vietnamese.

For the label location, the cosmetic label must be printed on the commodity, package of commercial article on a location which is easy be seen of full regulated contents without disconnecting details or parts of the commodity. In case the outward package is not permitted or impossible to open, there must be the label with the required information on the package.

Besides, the organizations and individuals who are responsible for putting products on the market may identify the size of cosmetic product label but must assure that the information written on the label must be readable by the ordinary customers at the time of purchase and usage.

This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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