HIGH-TECH CRIME IN VIETNAM

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.

High-tech Crime in Vietnam

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.

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PROCESS SERVICE IN VIETNAM

Process service is the notification and delivery of court and the civil judgment agency’s documents to litigants in accordance with the law.

The process service is conducted using the following methods:

1. Grant, served and notify directly by post or by authorized third party;
2. Publicly listing;
3. Announcement on the mass media.

With the 1st and 2nd methods, previously, the court clerk, expert at the civil enforcement agency or even judges and executors served on their own. Or, these agencies can also send a letter by post; send the documents that need to be served to ask police precinct, ward people’s committee or neighborhood steering committee to serve instead.

With the 3rd method, the serve is done through such media as radio, television, newspaper, radio

Finally, because of the significance and importance of the serve, law regulates that the person who obliged to serve the procedural documents, if do not done correctly their responsibilities then depending on the nature and seriousness of the violation, he/she must be disciplined, administratively sanctioned or prosecuted for criminal liability; if causing damage, he/she have to pay compensation in accordance with law.

For process service in Vietnam, let ANT Lawyers support you.

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OBLIGATIONS OF COSMETICS MANUFACTURERS AND IMPORTER IN VIETNAM

The cosmetics manufacturers and importers who are responsible for putting cosmetic on the market have the obligations as the following:

• Be responsible for all contents declared in the cosmetic product proclamation report, for the safety, the efficiency, and the quality of the product; and guarantee that the circulated products satisfy all requirements of the ASEAN Cosmetic Treaty and the Appendix of Vietnam law;
• Follow, discover, and confiscate immediately the unqualified cosmetic, as well as implement the confiscation announcement from the state authority office and inform to the state authority office about the confiscation; punctually deal with the consumer’s complaints of the cosmetic’s quality and compensate for consumer’s loss in accordance with the regulation; refund to the buyer the produced cost in the maintenance, transportation, and circulation process;
• Report to the Medicine Management department – the Health Ministry within 07 days since the date receiving the first feedback from this side-effect in case finding side-effects which are serious and could damage the consumer’s life because of the cosmetic product’s quality;
• File the Product Information File (PIF) in at least 03 years since the latest manufacture lot is put on the market and presented to the checking and inspecting functional office when requested;
• Obey the Vietnamese Regulation and Law on the intellectual ownership. When having the conclusion of the state competent offices on the intellectual-ownership law-breaking label and industrial design, the organizations, the individuals must stop manufacturing, trading, and importing in order to conduct of changing the label and the industrial design as provided, and be responsible for refunding and resolving all damages (if any).

Besides, Vietnam law also provides that 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).

Last but not least, the organizations, the individuals must conduct requirements of state competent offices about checking and inspecting the cosmetic quality, confiscating the violated cosmetics, and be entitle to complaints about the conclusion and the law-breaking judgment form in accordance with the law regulation on the complaint and the denouncement.

For advise or service request, please contact us via email ant@antlawyers.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.

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ENERGY & RESOURCES

Vietnam is known as a rich of natural resources country.  The energy industry of Vietnam has developed for a number of years but the lack of modern technology and capital, that makes Vietnam has still stalled in this potential field.  By the strength of resources, cheap labor, transport, Vietnam is attracting many foreign investors to invest in energy industry. Our energy and resources lawyers in Vietnam always monitor the legal environment and keep our client posted to changes that could impact their business.

In particular, Vietnam has considerable supplies of oil, natural gas and refineries.  Proven oil reserves in Vietnam amount to 3.3 billion barrels as the second-most in Southeast Asia, after Indonesia.  Revenues from oil and gas contribute about 30% of Vietnam’s GDP. Vietnam Oil and Gas Group (PetroVietnam), a state-owned company is eligible to conduct petroleum activities, sign cooperation contracts and govern petroleum industry in Vietnam.

For exploration and production, sea zones in Vietnam are divided into different geographic “blocks” based on the advice of Petro Vietnam. The size and scope of these blocks can vary from year to year, depending on the scale of the activities undertaken by the company currently assigned to it.  According to Law on Petroleum 1993, amending in 2000 and 2008, to participate in this field, the investors have to join the bidding for researching and exploiting petroleum.  In special case, the Vietnam Government may appoint the contractor to select investor wishing to engage in petroleum. Then the investor must enter into a dividing products or joint venture or other contract in which contents all terms as required by Article 15 (amended), managed by Vietnam Government. This contract’s term shall not exceed 25 years in which period of research and exploration not exceed 5 years.  The duration may be extended 5 years for the contract and 2 year for period of research and exploration.  In case projects encouraged to invest in petroleum and exploring natural gas, the term can be 30 years and 7 years for period of research and exploration.

Taxation for petroleum activities is based on type of natural resources exploited, economic, technical conditions of the mines, the amount produced.  According to law on Petroleum and other provisions on taxation, natural resources tax rate is from 4% to 25% for crude oil, 0% to 10% for natural gas.  To ensure the reserve aiming to domestic demand, Vietnam has regulated export rate for natural resources, especially tax rate at 20% for crude oil and coal.   This regulation was implemented to encourage companies in Vietnam to refine crude oil in country as the new refineries come online.

Vietnam has more potential in petroleum and energy industry.  ANT Lawyers research and advise clients in energy and resources regulations in Vietnam.   Our relationship and collaboration with with international lawyers and law firms in different part of the world, especially major oil and energy production areas in the Middle East, former Soviet Union countries give us advantage in assisting international clients in the energy and resources legal matters.  ANT Lawyers is the Vietnam exclusive member of Prae Legal, a global law firm network which allow us to take on international projects.

For advise 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 is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice.  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.

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PROCESS SERVICE IN VIETNAM

Process service is the notification and delivery of court and the civil judgment agency’s documents to litigants in accordance with the law.

The process service is conducted using the following methods:

1. Grant, served and notify directly by post or by authorized third party;
2. Publicly listing;
3. Announcement on the mass media.

With the 1st and 2nd methods, previously, the court clerk, expert at the civil enforcement agency or even judges and executors served on their own. Or, these agencies can also send a letter by post; send the documents that need to be served to ask police precinct, ward people’s committee or neighborhood steering committee to serve instead.

With the 3rd method, the serve is done through such media as radio, television, newspaper, radio

Finally, because of the significance and importance of the serve, law regulates that the person who obliged to serve the procedural documents, if do not done correctly their responsibilities then depending on the nature and seriousness of the violation, he/she must be disciplined, administratively sanctioned or prosecuted for criminal liability; if causing damage, he/she have to pay compensation in accordance with law.

For process service in Vietnam, let ANT Lawyers support you.

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HO CHI MINH CITY: FOREIGNERS’ WORK PERMIT IN VIETNAM IS NO LONGER RENEWABLE

Ho Chi Minh City is not going to renew expired work permit in Vietnam for foreigners, noticed by Ho Chi Minh City Department of Labor, War Invalids and Social Affairs.

Ho Chi Minh City: foreigners’ work permit in Vietnam is no longer renewable

Ho Chi Minh City Department of Labor, War Invalids and Social Affairs (DOLISA) issued Notice No.6107/SLDTBXH-VL on May 16th, 2014 guiding the implementation of Decree No.102/2013/ND-CP detailing a number of articles of the Vietnam Labor Coderegarding foreign workers in Vietnam. Pursuant to the notice hereof, in the case that expired work permits which has been issued under the provisions of Decree No.34/2008/ND-CP and Decree No.46/2011/ND-CP before the effective date of Decree No.102, enterprises shall apply to HCMC DOLISA for granting work permits under the issued procedures instead of renewal procedure provisions. In particular, for foreign workers having expired work permits and having desire to continue working in Vietnam, the sponsoring enterprise shall submit certificates of qualification, experience, criminal record in Vietnam and in foreign countries (judicial records), medical certificates and the sponsoring enterprise has to be approved by local People’s Committee to employ foreign workers.

As the current regulations, the foreign employee might be asked to present his or her work permit in Vietnam at entering or leaving Vietnam or when requested by government authority.  It is suggested that enterprise wishing to employ foreign workers and foreign workers to counsel with employment lawyers in Vietnam in order to ensure compliance.  

  ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. 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.

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HO CHI MINH CITY: FOREIGNERS’ WORK PERMIT IN VIETNAM IS NO LONGER RENEWABLE

Ho Chi Minh City is not going to renew expired work permit in Vietnam for foreigners, noticed by Ho Chi Minh City Department of Labor, War Invalids and Social Affairs.

Ho Chi Minh City: foreigners’ work permit in Vietnam is no longer renewable

Ho Chi Minh City Department of Labor, War Invalids and Social Affairs (DOLISA) issued Notice No.6107/SLDTBXH-VL on May 16th, 2014 guiding the implementation of Decree No.102/2013/ND-CP detailing a number of articles of the Vietnam Labor Coderegarding foreign workers in Vietnam. Pursuant to the notice hereof, in the case that expired work permits which has been issued under the provisions of Decree No.34/2008/ND-CP and Decree No.46/2011/ND-CP before the effective date of Decree No.102, enterprises shall apply to HCMC DOLISA for granting work permits under the issued procedures instead of renewal procedure provisions. In particular, for foreign workers having expired work permits and having desire to continue working in Vietnam, the sponsoring enterprise shall submit certificates of qualification, experience, criminal record in Vietnam and in foreign countries (judicial records), medical certificates and the sponsoring enterprise has to be approved by local People’s Committee to employ foreign workers.

As the current regulations, the foreign employee might be asked to present his or her work permit in Vietnam at entering or leaving Vietnam or when requested by government authority.  It is suggested that enterprise wishing to employ foreign workers and foreign workers to counsel with employment lawyers in Vietnam in order to ensure compliance.  

  ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. 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.

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REPORT THE DEMAND TO USE FOREIGN WORKERS IN VIETNAM

In order to manage the usage of foreign workers in Vietnam, the Vietnam state authority has requested employers to provide explanation for such need to use foreign workers.

This will be the preliminary procedure before applying for work permit in Vietnam then temporary residence card in Vietnam for foreigners.  The report of demand to use of foreign workers has to meet the following requirements:

Demand to use foreign workers: The employer (except contractors) is responsible for determining the demand to use foreign employees for each position that the Vietnamese employee has not met the requirement and submit written explanation. In case the employer is a contractor, in the bidding documents, it is required to declare the number, qualifications, professional competence and experience of foreign workers mobilized to implement bidding packages.

Recipient: Chairman of People’s Committees of provinces and cities under central authority (hereinafter referred to as the provincial People’s Committee) where the employer is headquartered.

Periodic notification period: Every year, the employer (except contractor) is responsible for determining the demand to use foreign employees for explanation.

The period of notice for the first time: Before at least 30 days from the date the employer (except contractor) plans to recruit foreign employees, the employer must report explanations as provided in Paragraph 1 Article 4 of Decree No. 102/2013 / ND-CP on the demand to use foreign workers, including work position, number, qualifications, experience, salary, working hours and submit directly to the Department of Labour – Invalids and Social Affairs of provinces and cities under central authority (hereinafter referred to as the Department of Labor – Invalids and Social Affairs) where the employer is headquartered.

The period of notice the adjustment: The employer whom is approved to use foreign employees, that have changes in the demand for foreign workers, has to directly submit the report explaining the adjustment and supplementation at least 30 days before the expected day for new recruitment, additional recruitment or recruitment to replace foreign workers with the Department of Labour – Invalids and Social Affairs where the employer is headquartered.

ANT Lawyers will be available to assist the clients when required dealing with theemployment matters for foreign workers in Vietnam.

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 visitwww.antlawyers.vn.  ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice.  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.

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CONDITIONS OF FOREIGNER ON ADOPTION IN VIETNAM

Today, foreigners from other countries wish to adopt children in Vietnam and bring them up to his/her country for custody.  Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family.  However, the adoption conditions are still regulated strictly and its acceptance procedure are considered and controlled stringently by competent authorities of Government.

ANT Lawyers will provide to you the regulated conditions of the adoptive parent need to be met as below:

I. GENERAL CONDITIONS OF THE ADOPTIVE PARENT:

The adoptive parent has to meet fully conditions as below for adoption:

a) Having full civil act capacity;

b) Being 20 years or more older than the adopted person;

c) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.

d) Having good ethical qualities.

And not being one these following cases:

a) Having some of the parental rights over a minor child restricted:

b) Currently serving an administrative handling decision at an educational institution or medical treatment establishment;

c) Currently serving an imprisonment penalty:

d) Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.

II. CONDITIONS OF THE FOREIGNER ADOPTIVE PARENT:

After meeting fully conditions above, the foreigners who wish to adopt Vietnamese children could to be accepted if they are belong to one of this following cases:

a) The adoptive parent is the step father or step mother of the to-be-adopted child;

b) The adoptive parent is the natural aunt or uncle of the to-be-adopted child;

c) The adoptive parent has adopted a child who is a sibling of the to-be-adopted child;

d) The adoptive parent adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease, include: children with cleft lip and cleft palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; children with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; children with diseases requiring life-long treatment; children with other disabilities or dangerous disease which restricting the chances of adoption;

e) The adoptive parent is a foreigner currently working or studying in Vietnam for at least 1 year; both the wife and husband have to meet this condition if they want to adopt the child together.

3. Foreigners permanently residing in Vietnam adopt a child in Vietnam

In order to give you best advice, please contact us directly by email: ant@antlawyers.vn.

ANT Lawyers, your lawyers in Vietnam.

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MANDATORY ANNOUNCEMENT OF COSMETIC PRODUCT

Business owners being organizations and individuals responsible for launching cosmetic products on the market are only allowed to put into circulation when the competent state agencies approve and the business owners must bear full responsibility for the safety, efficiency and product quality. Competent state agencies will conduct post-trade test when the products are being sold to the market.

Cosmetics are substances or preparations used in contact with the external parts of the human body (skin, hair, nails, lips and external genital organs) or the teeth and oral mucosa with the main purpose is to clean, perfume, change appearances, form, adjust body odor, or protect body or to keep the body in good condition.  The following will provide conditions and list of cosmetic types subject to mandatory annoucement.

1. Conditions to apply:

– Organizations and individuals responsible for launching the product into circulation on the market must have function to doing cosmetics business in Vietnam

– The announcement of the features of cosmetic products (intended use of the product) must satisfy the ASEAN guidelines on disclosure features of cosmetic products

2. Kinds of cosmetic that have to announce the distribution of cosmetics:

Kinds of cosmetic products must disclose the circulation of cosmetic products:

– Cream, emulsion, lotion, gel and oil for skin (hand, face, feet)

– Face mask (with the exception of chemistry peeling products)

– Tinted (liquid, paste, powder)

– Makeup powder, after shower powder, toilet powder

– Bath soap, deodorant soap

– Perfume, toilet perfume

– Products for bath or shower (salt, foam, oil, gel)

– Hair removal products

– Deodorants and anti-perspirants

– Shaving products (cream, foam, lotion)

– The makeup and makeup remover products for face and eyes

– Products used for lips

– Products for take caring teeth and mouth

– Products for nail care and adorn

– The products used to clean the outside

– Sun cream products

– Products for tanning without sun

– Skin whitening products

– Anti-wrinkle products

– Other products

Some products which are not classified as cosmetics:

Anti-mosquito products, air freshener, fabric softener, bleach, toilet, oxygen liquid, antiseptic alcohol 700, alcohol 900, denture cleaning products that are not exposed to the oral cavity, fake eyelashes, liquids to take care of eyes/nose/ears, against nasal congestion product, anti-snoring products, vaginal lubrication gel, ultrasound gel, the product in contact with the genital, rectal enema, anesthesia , reduce/control the swelling/edema, dermatitis treatment, allergy relief, anti-fungal, anti-virus products, stimulate hair/eyelash growth, the product removed/reduced fat/ reduced body size, weight loss products, prevent/stop hair growth products, stop sweating process, permanent tattoo ink, remove keloid scars reduction products, wound cleaning products.

To get the best advice for announcing cosmetic products procedures in Vietnam, please contact us atant@antlawyers.vn or call us at + 84 835202779.  To learn more about us, please visit www.antlawyers.vn 

ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. 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.

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