CRIMINAL RECORD CARD IN VIETNAM

Criminal record cards or Police check provides criminal or judicial information about a person in Vietnam.  The Vietnam law on criminal record governs the process to obtain the criminal records cards.

Accordingly, to obtain the Criminal Record cards in Vietnam, the applicant must apply at the provincial/ municipal Justice Department in Vietnam.  For foreigners residing in Vietnam, he/she has to submit the request to the Department of Justice where he/she resides and receives the results at Justice Department.

Documents required are:

i) the written application form;

ii) certified photocopies of passports;

iii) a copy of the permanent or Temporary resident card in Vietnam;

iv) authorization letter in case of authorized application for Criminal Record card (if the authorized persons are not the parents, spouse or children). The written authorization must be certified or authenticated in accordance with the law;

v) application letter for granting Criminal Record.

During the process of applying for the Criminal Record, the applicant might has to work with the police agencies; the Court: in case there are not sufficient evidence at the police agencies to conclude that the applicant has no criminal records or the content of the applicant’s criminal records is not clear; People’s Committees of communes, wards and townships; agencies, organizations and agencies related proceedings: in case of coordination to verify the conditions of having his/her conviction automatically written off.

In practice, there are cases when the foreigner already left Vietnam and now he/she is in need of Criminal Record for the time he/she resided in Vietnam.  We have successfully assist clients in various cases.  

For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, please visit www.antlawyers.vn.  ANT Lawyers has law offices in Hanoi, Ho Chi Minh, and Da Nang City.

ANT Lawyers is a Vietnam law firm with international standards, recognized by Legal500 and IFLR1000.  We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions.  The firm provides a range of legal services as following to multinational and domestic clients.

Commercial

Dispute Resolution

Debt Recovery

Employment

Foreign Investment

Intellectual Property

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ENTERPRISE ESTABLISHMENT SERVICE IN VIETNAM

ANT Lawyers provides enterprise establishment consulting service for domestic and foreign customers as the following services:

• To consult to establish Joint Stock Company;
• To consult to establish One member Limited liability company;
• To consult to establish Limited liability Company with Two or more members;
• To consult to establish Partnership company;
• To consult to establish Private enterprises;
• To consult to establish Sole trader;
• To consult to establish foreign invested company;
• To consult to establish the parent company, corporations.

Customers procedures established in the ANT Lawyers will enjoy some preferential services such as:

1. Contents of enterprise establishment consulting service:

• To consult legal regulation related to the establishment, operation and management of enterprises;
• To consult to set up personnel structure of the company;
• To consult to select types of enterprises;
• To consult to choose the name of company (lookup and select the appropriate name as the request of customers);
• To consult about the head office of the enterprise;
• To consult on capital, legal capital, investment capital;
• To consult on business lines (lines requires legal capital , professional certification or other conditions);
• To draft legal dossiers for setting up the company  (Request for business registration, charter, founders list and other documents as prescribed by law);
• To consult for business on tax issues, financial obligations after the enterprise have been established and the process of production and business activities;

2. Our tasks in the enterprise establishment services:

ANTLawyers will on behalf of clients to perform the following tasks:

• Drafting and preparation the enterprise establishment dossier as regulations;
• To apply the dossier for business and tax codes registration in the Department of Planning and Investment;
• To monitor progress and inform regularly results to clients;
• To obtain the Investment Certificate from the DPI;
• Filing and registration the seal for Company at the Police Department;
• To obtain the seal and the certificate of the seal for the Company at the Police Department;
• To guide the customers to follow procedures in the relevant state authority (as needed);

3. Documents required to provide by clients:

• Information requested form of business;
• A copy of ID / passport of members / founding shareholder who is individual (notarized) ;
• A copy of business registration / establishment decisions of members / founding shareholders who is organization.

4. Client’s benefits after establishment:

• To be consulted and offered free the activating annual  tax dossier, records and procedures for billing the enterprise;
• To consult the necessary tasks  of the new enterprise;
• To consult human resources management  , provide free labor contracts and the forms of management personnel;
• To consult the procedures for salary scale registration, the social insurance registration of company;
• To consult on tax matters, tax refund, tax credit;

Please contact us for free advice and use the best service.

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HOW TO BUY APARTMENT IN VIETNAM

Real estate in Vietnam has passed the most difficult period and stabilized. But to satisfy the house demand of 90 million people, it’s need to have many changes in laws. ANT Lawyers will update the proposal of an expert in issue of definite ownership apartment.

how to Buy an apartment in Vietnam

As many other countries such as in England, the term to own an apartment of 999 years, but in Vietnam, only land has been assigned by the Government in 2 forms: permanent assignment and definite assignment.

In first method, permanent land assignment fell into residential land, and almost apartments were purchased in market with the “permanent” term.

In the second, lands were assigned within 50 years, the investors continued developing the projects. Some apartment projects in Ho Chi Minh city and Ha Noi belonged to this type. After the investors conducted procedures to transfer definite ownership apartment to permanent ownership apartment. Therefore, actually, the price of apartment will decrease if the form of definite ownership is applied.
Regulating the definite ownership of 50 -70 years for apartment will take advantages in reconstruction and improvement in case of degrading, usage expiry.

For more information or requirements on house laws, please contact ANT Lawyers.

ANT Lawyers, your lawyers in Vietnam.

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OVERVIEW ON COSMETICS REGULATIONS IN VIETNAM

Cosmetics are areas of highly regulated in Vietnam as they apply on human and could create health concern.  Hence, cosmetics imported into Vietnam have to be applied special procedures to ensure safety.  Cosmetics regulations in Vietnam would lay out provisions that importers and manufacturers to follow.

To carry out 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 (commonly called ASEAN Cosmetic Convention), the Ministry of Health of Vietnam issued Circular 06/2011/TT-BYT on Cosmetic Management.

The Circular dated January 25th, 2011 regulating the management of cosmetic products manufactured in the country, as well as cosmetics imported for circular in Vietnam. Besides, the cosmetic regulations is also provided in related provisions.

According to the Vietnam cosmetic regulations, cosmetic product must be construed as a substance or a preparation which is used for touch with outside parts of human body (skin, hair system, finger nails, toenails, lip, and outside reproduction organ) or teeth and mouth mucous membrane with main purpose in order to cleanse, aromatize, change the outward characteristics, form, adjust body’s smell, safeguard body, or maintain the human body in good condition. In addition to the products being grouped as cosmetic products such as: creams, emulsion, lotions, gels and oils for skin (group 1); tinted bases (group 2); toilet soaps, deodorant soaps (group 3); … some products are not classified as cosmetic.

Under Vietnam law, a cosmetic product made in Vietnam or imported into Vietnam must go through procedure of proclamation before being is sold on the market. In particular, organizations or individuals circulating the cosmetic products on the market have to be responsible for obtaining permissions through cosmetic product proclamation from authority agencies as well as responsible for safety, effectiveness, and quality of product.

For exporting cosmetic, the exporter needs to obtain the Certificate of Free Sale (CFS) as regulated. CFS is issued when such domestic cosmetic is issued the cosmetic product proclamation receipt number by competent state management agency. For importing cosmetic, enterprises are only allowed to import the cosmetic into Vietnam when presenting to the Customs agency the valid receipt number of cosmetic product proclamation report which has been issued by the Medicine Management Department – the Health Ministry. However, Vietnam law also provide import of cosmetic in some special situations which are not obligated to implement the cosmetic product proclamation as the following:
– Organization or individual who imports cosmetic in order to study and experiment;
– The organizations, individuals who receive cosmetic as gifts;
– The organizations, individuals who import cosmetic for displaying at fair, gallery and other temporary import for re-export situations.

For manufacturing cosmetic, the cosmetic regulations require the organizations which manufacture the cosmetic must deploy to apply and satisfy principles, the “cosmetic good manufacturing practice” standard of the Asian Southeast Association Nations (CGMP-ASEAN).

Besides, compliance with the other requirements such as labeling, safety of ingredients, cosmetic advertising is also required.

Vietnam and ASEAN Cosmetics Regulations

Definition and Classification of Cosmetics in Vietnam

How to Ensure Cosmetics Labeling Complies in Vietnam

Cosmetics Safety Requirement in Vietnam

Cosmetics Product Proclamation in Vietnam

Cosmetics Advertising in Vietnam

Cosmetic Product Information Dossier

Export and Import of Cosmetic Procedures in Vietnam

Obligations of Cosmetics Manufacturers and Importer in Vietnam

Handling of Violations in Cosmetics Sales in Vietnam

For advise or service request, please contact us via email ant@antlawers.vn, or call +84 8 3520 2779 (HCMC Office), +84 4 39388751 (Hanoi Office).  To learn more about us, please visit www.antlawyers.vn 

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

ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. The firm provides a wide range of legal services, including M&A, corporate establishment, business advisory, tax advisory, dispute resolution for multinational and domestic clients.

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

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BIRTH REGISTRATION WITH FOREIGN ELEMENT

From January 1st 2016, the Law on Civil Status of 2014 went into effect, replacing other documents on the registration and management of civil status. Accordingly, the law has clearly defined the authority for registration and management of civil status of the Commune People’s Committee and the District People’s Committee. Commune People’s Committee in charge of the registration and management of civic status that do not have foreign element. The remaining case that have foreign element will be under the jurisdiction of registration and management of the District People’s Committee.

For the case of children born in the territory of Vietnam, whose father is foreigner and mother is Vietnamese, but the parent does not have legal marriage (in other words: illegitimate children), the competent for birth registration belongs to the District People’s Committee where the father or mother reside.

In terms of the birth registration procedure, the Law on Civil Status provides only the procedure in case that the parents of the birth registration children have legal marriage.

The remaining case that parents of the birth registration children do not have legal then according to the provisions of the Law on Civil Status, if the father wants his name to be included in the birth certificate of the children, he have to register through adoption procedure. Accordingly, the father requesting for children adoption have to submit the declaration, documents to prove paternity, copy of passport or valid documents that can replace passport to prove his identity to the District People’s Committee where the father of the children reside.

Within 15 days of receiving valid dossier, the civil status authority will carry out the verification, listed the recognition of father and children at the headquarters of the District People’s Committee within 07 consecutive days. At the same time, the Commune People’s Committee where the child resides will list within 07 consecutive days at the headquarters of the Commune People’s Committee.

After the listing has been expired, the Justice Department proposed Chairman of the District People’s Committee to decide on the recognition of the father and son. Once registering for the recognition of the father and children, Chairman of the District People’s Committee provide excerpts for the parties.

The registration procedure for recognition of father and children must be done simultaneously or be conducted prior to birth registration of the children.

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CRIMINAL RECORD GRANTING FOR FOREIGNER

In order to be granted the work permit for foreigner, completing the immigration or reside procedures in a country, foreigners who are or have been residing in Vietnam must apply for a criminal record for the time that they residing in Vietnam.

Foreigners who are or have been temporarily residing in Vietnam have the right to request the Department of Justice of the province or city where they are residing or the National Centre for Criminal Record to issue the criminal record, in order to confirm that people have or do not have criminal records while residing in Vietnam. The person requesting for criminal record card can authorize another person on their behalf to complete procedures to obtain the criminal record.

ANT Lawyers can assist clients to apply for: Criminal record card no 1 and Criminal record card no 2

Individual when requesting for criminal record issuance have to provide the following documents:

• For Vietnamese:

– A written declaration requesting for the issuance of criminal record;

– Certified copy of identity card, passport, family record book, temporary residence book, temporary residence card, permanent resident card in Vietnam (should present the original for comparison);

– Confirmation of permanent residence in Vietnam before leaving the country (applies to Vietnamese who are living in foreign countries).

• For Foreigner:

– A written declaration requesting for the issuance of criminal record;

– Copy of the passport and visa that are still valid;

– Confirmation of temporary residence in Vietnam.

Implementation time: 3-7 working days.

Please contact ANT Lawyers for advice.

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PATENT REGISTRATION PROCEDURES IN VIETNAM

ANT Lawyers is a patent law firm in Vietnam that can assist client in the patent registration process and other patent relating issues.

Time and procedures for patent registration:

+ The time for form evaluation: 01 months from the date of receipt;

+ The time to publish the application: 18 months from the priority date or the 2nd month after receiving the request for content evaluation;

+ The time for content evaluation: 12 months after receiving the request for content evaluation or the date of publication

+ The time for patent protection is 20 years, for the patent for utility solution is 10 years.

Profile includes:

+ Declaration (02 sheets according to form);

+ Description (02 sheets, including drawings, if any);

+ Request for protection (02 sheets);

+ Relevant documents (if any);

+ Receipt of fees and charges.

Patent registration requirements:

1.Organizations and individuals that meet the following conditions may register for patent:

+ The author created the patent by his efforts and expenses;

+ Organizations and individuals investing in fund and material for the author in the form of contract work, unless the parties have other agreements and that agreements are not contrary to the provisions of law;

+ The case that many organizations and individuals working together to create or invest to create the invention, that organizations and individuals all have the right to register for patent and the registration will be implemented only if all organizations and individuals agree;

+ The case that the invention was created by using the technical facilities and expenses from state budget:

+ The case that the invention was created on the basis of entire state investment funds and technical facilities, the patent registration right belongs to the State. Organizations and state agencies are empowered as investor, representing State to exercise the right to register for patent;

+ The case that the invention was created on the basis of State contributes capitals which are funds and technical facilities, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. Organizations and Government agencies that are representatives of the State capital will be responsible for implementing the State’s patent registration right;

+ The case that the invention was created on the basis of research and development collaboration between state organizations, agencies and other organizations, individuals, if the cooperation agreement has no other provisions, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. State organizations and agencies participating in the research and development process will be responsible for implementing the State’s patent registration right.

2. To be granted the patent registration, the applicant must meet the following requirements: new; creative and capable of industrial application.

3. To be granted the patent protection/utility solution, the applicant must meet the following requirements: new and capable of industrial application.

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