Thứ Hai, 13 tháng 9, 2021

Benefits of Investors in Setting up a Business in Da Nang | ANT Lawyers

Da Nang is one of the five major cities in Vietnam, having a geographical location that is particularly conducive to rapid and sustainable economic development. Da Nang has important transportation routes such as the China-ASEAN international railway crossings, seaports and international airports.



Da Nang is one of the tourist centers of the country, has rich tourism potential including natural tourism resources and humanities. Da Nang has many famous scenic spots such as Hai Van pass, Son Tra mountain, Ba Na hills, Ngu Hanh Son, Cham Museum or My Khe beach have been voted by Forbes magazine as one of the six most beautiful beaches in the world. These conditions are favorable for the development of diversified forms of tourism such as travel, research, cultural.

Da Nang have infrastructure development, four types of roads are popular: high way, rail way, International airport and International sea way. Da Nang have the sea lanes to most major ports in Vietnam and around the world. It helps investor more convenient to travel everywhere in Vietnam and other countries. Moreover, Da Nang’s water supply, electricity supply and communication system has developed rapidly and is increasingly modernized, ranking third in the whole country after Hanoi and Ho Chi Minh City. Da Nang have Da Nang Port, which help investor in import/export activities easily.

The first advantage of the policy mechanism is that Da Nang has also had great support the mechanism and policies for socio-economic development of Da Nang. Since Da Nang was recognized as a national grade I city in 2003, Da Nang has implemented guidelines, regulatory directions and the issuance of specific regulatory mechanisms. With the support from the Central Government, Da Nang authorities have also developed appropriate policies and mechanisms to facilitate the development of the economy, such as the one-stop-shopping mechanism, so Da Nang which is considered as a locality with attracting investment policies in Vietnam. Examples: Procedures related to investment, investment locations, clearance and handover plan, the granting of business registration certificates and investment preference certificates shall be carried out under the one-stop-shopping mechanism at the provincial municipal all of them are resolved at Da Nang Administration Center. Investors shall be exempt from all expenses related to the settlement of investment procedures apart from the payment of business registration fees according to the provisions of law. When investing in Da Nang, investors not only enjoy many preferential policy from city government but also have chance to find clients from many countries or compete with other companies in Vietnam and foreign countries.

Tradition of unity, consensus of people and the dynamism and creativity of the leadership, these advantages has aroused, mobilized the strength, the most important and decisive resource for the development of Da Nang. The determination of leaders, city authorities in building programs, projects with the support of the people, investors, enterprises, ect that help investors who will invest in Da Nang have highest benefits.

Thứ Bảy, 11 tháng 9, 2021

Granting Investment Registration Certificate | ANT Lawyers

As Vietnam integrates further into the global supply chain, foreigners are more and more encouraged to invest in Vietnam in many areas for pursuing profit. The foreign direct investment of the foreigners is required to be registered at Vietnam state authority to protect the rights of the investor.

According to the Law on Investment 2014, investment projects of foreign investors; projects of setting up a economic organization in which foreign investors holding 51% of charter capital or more or the majority of the general partners are foreigners in a partnership; projects of BCC contract between domestic investors and foreign investors or between domestic investors and economic organization which foreign investors holding 51% of charter capital or more or the majority of the general partners are foreigners shall need to conduct the procedure of applying investment registration certificate as regulations of law.

Preparation of dossier
A written request for permission for execution of the investment project;
A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).



An investment proposal that specifies: investor(s) in the project, investment objectives, investment scale, investment capital, method of capital rising, location and duration of investment, labor demand, requests for investment incentives, assessment of socio-economic effects of the project;
Copies of any of the following documents: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institutions to provide financial support; guarantee for investor’s financial capacity; description of investor’s financial capacity;
Demand for land use; if the project does not use land allocated, leased out by the State, or is not permitted by the State to change land purposes, then a copy of the lease agreement or other documents certifying that the investor has the right to use the premises to execute the project shall be submitted;
Explanation for application of technologies to the project which specifies: names of technologies, origins, technology process diagram, primary specifications, conditions of machinery, equipment and primary technological line;
The business cooperation contract (BCC) (if the project is executed under a BCC).

Order and Procedure
Investors submit the dossier at Department of Planning and Investment (or management of economic zones, high-tech zones);
Within 15 working days from the date of receipt of a complete and valid dossier, the competent authority shall grant the investment registration certificate for investors.

In practice, the time duration would be lengthened due to the time for preparation of documents from investor, getting them notarized, legalized and authenticated before being accepted in Vietnam. The documents in foreign languages shall need to be translated into Vietnamese. The actual time for processing paper at the State authority would also last longer in practice when the State authority evaluate the project plan of the investor to ensure that its investment purpose is achievable economically and in accordance to the regulations of Vietnam. It is advised that the client engage professional law firm in Vietnam to assist with advisory and investment registration process.

Thứ Năm, 9 tháng 9, 2021

Transfer of Investment Projects in Vietnam | ANT Lawyers

Under the current Law on Investment, investors are entitled to transfer part or all of the project to another investor when satisfied the specific conditions and conducting to procedure of project adjustment under the regulation of law.

The conditions of project transfer
The project is not terminated in the cases as prescribed in Clause 1 Article 48 of Law on investment;
Investment conditions applied to foreign investors are satisfied in case the foreign investor receives a project of investment in conditional business lines;
Regulations of law on law, real estate trading is complied with if the project transfer is associated with transfer of land;
Conditions in the Certificate of investment registration or relevant regulations of law are complied with.

Preparation of dossier
A written request for permission for project adjustments;
A report on the project’s progress up to the time of transfer;
The project transfer contractor an other document with equivalent legal value;
Copies of the ID card or passport (if the investor is an individual) or Certificate of Enterprise Registration or another document with equivalent legal value (if the investor is an organization);
Copies of the Investment Registration Certificate or decision on investment guidelines (if any);
Copies of the BCC contract (for BCC projects);



Copies of one of the following documents of the transferee: financial statements of the last 02 years; commitment to provide financial support by the parent company, commitment to provide financial support by a financial institution, the guarantee of transferee’s financial capacity, documents describing the transferee’s financial capacity;

Order and procedure
Investors submit the dossier at Department of Planning and Investment (or Management of Economic Zone or High-tech Zone);
Within a period of 10 working days from the date of receipt the complete and valid dossier for an investment project operating under an investment license and not subject to decision of investment policy (or 28 working days from the date of receipt the complete and valid dossier for an investment project which is subject to investment decision of the provincial People’s Committee; 47 working days from the date of receipt the complete and valid dossier for the investment project subject to the decision of the Prime Minister), the competent authorities consider and decide to adjust the investment registration certificate to the investor transferring the project.

Before transferring an investment project, investors need to evaluate the legal situation, apart from the financial, personnel, and other key issues of the project, which are subject of the transfer. Therefore, to ensure effective transfer, investors often engage law firms with highly qualified lawyers in Vietnam to conduct M&A legal due diligence related to the legal documentation of the owner, capital contribution of the shareholder or member, tangible assets (land use rights, plant and machinery, equipment, etc.) and invisible assets (including industrial property rights), licenses, contracts or transactions of great value, taxes and other legal risks such as litigation or disputes which could significantly impact the project..

The transfer of an investment project is an administrative procedure with a state agencies that is only smooth when the parties reached agreements. In fact, the transfer of the investment project’s timeline depends on the appraisal and evaluation process of the parties involved in the project.

Thứ Tư, 8 tháng 9, 2021

Foreign Investment | ANT Lawyers

Our foreign investment practice at ANT Lawyers helps clients with the following:

Transactional structuring: advising on the possibility for foreign investors to obtain an investment license in Vietnam and the selection of an appropriate investment vehicle in Vietnam such as a business co-operation contract, a joint venture company or to set up a company in Vietnam as a wholly foreign owned company.



Licensing requirements: drafting and negotiating all documents required for obtaining an investment license for a foreign invested project, following up Vietnamese authorities for obtaining the investment license and assisting to complete all post-licensing procedures.

Regulatory issues: advising on regulatory issues in relation to the operation of foreign invested projects in Vietnam including advertising and promotion of their products. Please contact us for inquiries through email ant@antlawyers.vn or call our partner directly at + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

Thứ Hai, 6 tháng 9, 2021

Securities and Capital Markets | ANT Lawyers

From debt and equity issues through to derivatives and structured finance, our capital markets practice advises on the full range of foreign and domestic laws through our global network of affiliate offices.

A key strength of our practice is the ability to offer a global team combining technical expertise and wealth of experience with regular contact with listing authorities and regulators. With experience of across the Euromarkets, the U.S. capital markets and Asia, we work closely with our clients to meet their expectations of, and need for, a full securities law service. We are one of a few Vietnam law firms that could offer services oversea taking advantage of our international law firm networks. whom are familiar with international capital markets.



We advise on all types of international securities transactions, with our practice covering equity, debt, regulatory capital and equity-linked (convertible and exchangeable) bond issues, structured finance and securitisation transactions and the full range of derivative products. We regularly act for local enterprises and foreign invested businesses in Vietnam.

Please contact us for inquiries through email ant@antlawyers.vn or call our partner directly at + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

Shipping and Maritime | ANT Lawyers

 

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:

  • 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;
  • 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

  • Marine Liability Insurance
  • 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

  • General Average and Salvage Claims
  • Vessel Regulatory Matters

·        Regulatory compliance

·        Civil fines and penalties

·        Security issues

  • Maritime Contracts

·        Contracts of affreightment, bills of lading and charter parties

·        Drafting and advice

  • Recreational Boating

·        Injuries and Property Damage

·        Product Liability

·        Sales and documentation

·        Subrogation

ANT Lawyers has law been partnering with a number of foreign law firms in advising clients in shipping and maritime in Vietnam.

Please contact us for inquiries through email ant@antlawyers.vn, call our office at +84 28 730 86 529, or talk to our partner directly at  + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.
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