Dispute Law firm in Ho Chi Minh for legal service

ANT Lawyers, the Dispute Law firm in Ho Chi Minh City is located in the business center that provides convenient access to our clients.

Dispute Lawyers in Ho Chi Minh City

ANT Lawyers works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. The range of our experience enables us to advise on various matters from the precedent-setting to the purely procedural.

The common thread in everything we do is our ability to combine both commercial and legal perspectives.  This means our clients can rest assured that, whatever the case or transaction, our lawyers have the experience to deliver legal advice and service that works in a commercial context.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

Please contact us to book your time in advanced to let us provide our best service.

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

       

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Intellectual Property and Trademark Registration Services in Vietnam

In Vietnam, many businesses today have not paid sufficient attention to trademark protection. Only when their trademarks would be infringed by other companies or competitors, they really concern to protect their trademarks and business through trademark registration, trademark opposition or take further actions. Such situation will negatively impact the business financially.

Trademark Registration services in Vietnam

Trademark rights will be protected within the national territory, therefore when a trademark has been registered in Vietnam, it will be protected in Vietnam. If one company wishes their trademarks to be protected in other countries, it could:

-Directly register in each country or

-Register via the Madrid International registration by filing a single application which indicates the registrations at respective countries.

If registered under the Madrid International, firstly, trademarks must have been submitted trademark applications or have registered in Vietnam, depending on whether the country for protection is under the Madrid Protocol or the Madrid Agreement.

Law on Intellectual Property and its related documents could also be referred to for further information.

ANT Lawyers’ services in the field of trademark registration advice covers:

-Look-up, assess and consult possibilities to register trademark in Vietnam and abroad;

-Represent clients in applying for certificates of trademark registration, record modification, extend degree of trademark protection in Vietnam and abroad;

-Evaluate the effectiveness of the certificate of trademark registration in Vietnam and the possibility of trademark rights violation;

-Implement of the protected trademark rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;

-Negotiate, draft, evaluate and register the of changing trademark ownership in Vietnam and abroad;

-Advise on building strategies, brand development;

If you are looking for an experienced Trademark lawyers in Vietnam to help you with your Trademark application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

       

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What Are the Order of Disciplining Emplyee in Vietnam?

Labour discipline is the provisions on compliance matters relating to work time, technology and production and business management in labor regulations. It can be understood simply that when an employee violates the labor regulations, depending on the extent and regulations of the company, he or she will be subject to disciplinary action. The order of disciplining labor is conducted in accordance with the provisions of labour code in Vietnam. Failing to follow the order of discipline would lead to potential disputes which both employer and employee should consult with dispute lawyers in Vietnam for advice to protect their best interests.

Firstly, the employer must confirm the employee’s violations

In the cases where an employee found committing a violation, the employer shall issue an offence notice, inform the employee representative organization (or the employee’s parent or legal representative if the employee is under 18) in order to hold a disciplinary meeting.

Secondly, issuing notice of the disciplinary meeting

This step is only carried out in case the employer detects violations of labor discipline after the time when the violation has occurred, there are sufficient grounds to prove the fault of the employee and the statute of limitations for disciplining.

The employer sends the notice with the content, time and place of the meeting to handle the labor discipline to the organization representing the labor collective at the grassroots level; workers; In the case of a person under 18 years old, there must be the participation of a parent or legal representative.

The employer must ensure these recipients receive notice before the meeting takes place and conduct a labor discipline meeting with the participation of the notification components.

Thirdly, conducting a disciplinary meeting

It is mandatory to have the minutes of the disciplinary meeting, which have to be approved by the participants before the end of the meeting. The minutes shall bear the participants’ signatures. If any participant that refuses to sign the minutes, there should be explanation.

Fourthly, disciplinary decisions

The person that concludes the employment contract on the employer’s side also has the power to issue the disciplinary decision. The disciplinary decision shall be issued before expiration of the original or extended time limit for penalty imposition specified the labour code.

The disciplinary decision shall be sent to the employee (or his/her parent or legal representative if the employee is under 18) and the employee representative organization.

ANT Lawyers is an employment dispute law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

  

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How to Dealing with Trademark infringement in Việt Nam

According to Vietnam law on intellectual property, when detecting the trademark infringement act, the trademark owner has the self-protection right includes (i) apply technological measures to prevent acts of trademark infringement (ii) request organization or individual who commits an act of trademark infringement of the holder to terminate such act, make a public apology or rectification, and compensate damages; (iii) request the competent authority to handle with acts of trademark infringement in accordance with the provisions of laws.

Trademark Infringement in Vietnam

Firstly, to apply the technological measures to prevent acts of trademark infringement measure, infringed party may give our the information related to original of emergence, trademark certificate, protection and duration scope and other information related to the right of trademark owner in order to inform that the infringed trademark are under protection warn the infringing party not to infringe. Besides, the owner of infringed trademark may use the technical means or measures to mark, identify, distinguish and protect the infringed trademark.

 

Secondly, the owner could also request organization or individual who commits an act of trademark infringement of the holder to terminate such act, make a public apology or rectification, and compensate damages. In particular, the trademark owners may themselves or authorize to individual or organization, IP attorney in Vietnam to send to the infringed party to stop the the infringement by indicating the information regarding origin of infringement, trademark certificate, protection scope, protection duration and set a reasonable period of time for the infringer to terminate the act of infringement. In addition, depending on the case and level of infringement, the written request will bear different content. It can be said that this is a prior-should-use measure before taking other measures including application of technological measures. If the violating party cooperates and stops the infringement, it will save time and money of both parties when not taking other stronger measures.

Thirdly, owner of trademark could request the competent authority to deal with acts of trademark infringement in accordance with the provisions of laws. When the trademark owner sends the request as mentioned above to infringing party, and, the violated party does not cooperate and continue the infringement, infringed party may sent a request to competent authority with the information such as: date of making the request; name and address of infringed party or their legal representative; name of receiving request authority; name and address of infringing party; name and address of the suspected violator in the case of request for temporary cessation of customs clearance for exports or imports suspected of infringement; brief information of infringed trademark and infringement; proposed measures to handle infringement; documents and evidence accompanying the request. Depending on the seriousness of the infringement, the petitioner may submit a request to the relevant authorities to apply administrative, civil, criminal or customs measures. Be noted that if the request is sent to custom authority for temporary cessation of customs clearance for imports or exports suspected of infringement, it is required to provide the additional information on the mode of import or export, country of exportation, mode of packaging, the lawful importer or exporter, features of lawfully imported or exported goods for distinction from infringing goods.

Overall, it is important to protect the intellectual property rights. Further, engaging with IP attorney in Vietnam will help the process efficiently from registration, managing the intellectual properties, protecting the intellectual property from infringement, and handling the disputes against the IP violators in Vietnam through administrative measures, civil litigation or even criminal prosecution.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.  

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Should IP holders handle with the infringement through litigation?

Effectiveness of a Lawsuit against Infringement of IP in Vietnam

How to handle effectively with infringement is a big concern of Intellectual Property (IP) holders. Should the IP holder file a lawsuit at Court? Is this way effective in Vietnam?  This article will give you general information about handling of intellectual property disputes through legal action at court in Vietnam.

IP Enforcement Law Firm in Vietnam

Unlike many countries in the world, in case of infringement, most IP holders proceed with lawsuits in the courts (judicial authorities), while other administrative agencies only perform measures to ensure enforcement of judgments of the court.

Protection of IP rights through the litigation has many advantages over administrative measures because it guarantees the enforcement and compensation from infringers. However, in our opinions, the practice of resolving IP rights disputes in courts is not as effective as administrative measures in Vietnam.

Vietnamese laws have not given separate regulations on procedures for settling IP disputes. Therefore, the procedures for settling disputes shall be governed by the Law on Civil procedure. According to Clause 2 of Article 30 and Clause 1 of Article 34 of this law, disputes over intellectual property rights and technology transfer between individuals and organizations and all purposes of profit are commercial disputes to be trialed at the courts of the province.

According to Article 202 of the IP Law, the court could decide the following civil measures to the infringers upon IP right:

-Compelling termination of the infringement of intellectual property rights;

-Compelling public rectification and apology;

-Compelling the performance of civil obligations;

-Compelling compensation for damages;

-Compelling destruction, or distribution/ use for non-commercial purpose.

In addition, when initiating a lawsuit or during dispute at court, the IP holders may request the court to apply provisional emergency measures in order to prevent damages.

In practice, the IP holder does not proactively protect IP rights by civil measures to file a lawsuit at court. The number of cases resolved by courts is much lower than the number of cases handled by administrative measures. Specifically, the number of cases resolved by court are 177 cases from 2012 to 2015, of which 91 cases were canceled. The number of cases resolved by administrative measure is of 22,914 cases (excluding cases handled by Vietnam Customs Authority)

The reason for the above survey is that, the IP holder is less likely to resolve disputes through courts because time for dispute resolution is lengthy, the process is cumbersome and complicated, but not as effective as administrative measures. Therefore, dealing with disputes in the specialized administrations will give faster effects to the IP holders in Vietnam.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP         

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Measures to protect intellectual property rights in Vietnam

An intellectual property right holder shall have the right to apply the following measures to protect intellectual property rights in Vietnam of such holder:

 

protect intellectual property rights in Vietnam

To apply technological measures to prevent acts of infringement of its intellectual property rights;

To request any organization or individual who commits an act of infringement of the intellectual property rights of the holder to terminate such act, make a public apology or rectification, and pay damages;

To request the competent State body to deal with acts of infringement of its intellectual property rights in Vietnam in accordance with the provisions of this Law and other relevant laws;

To initiate a lawsuit at a court or a claim at an arbitration centre to protect the legitimate rights and interests of the holder.

Organizations and individuals who suffer loss and damage caused by acts of infringement of intellectual property rights in Vietnam or who discover acts of infringement of intellectual property rights which cause loss and damage to consumers or society shall have the right to request the competent State body to deal with such acts in accordance with the provisions of this Law and other relevant laws.

Organizations and individuals who suffer loss and damage or who are likely to suffer loss and damage caused by acts of unfair competition shall have the right to request the competent State body to apply the civil remedies stipulated of IP Law and the administrative remedies stipulated in the law on competition.

Our Intellectual Property Lawyers in Vietnam always follow development in IP Laws to provide client with update

          

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Notice of operation of the National Office of Intelleactual Property

Due to the recently complicated situation of the Covid-19 epidemic, especially the appearance of new clusters unidentified infections in residential areas, offices, and enterprises, and to implement guidance of the Prime Minister, National Steering Committee for prevention and control, and Ministry of Science and Technology, and the guidance of the emergency dispatch no. 11/CD-UBND dated May 24^th 2021 of Chairman of Hanoi People’s Committee on strengthening of measures to prevent and control Covid-19, to contribute to the protection of public health, The National Office of Intellectual Property (NOIP) would like to announce:

How to protect intellectual property rights in Vietnam?

-From May 27^th 2021, NOIP will stop receiving and releasing results of application for industrial property (IP) at NOIP (no. 386 of Nguyen Trai street, Thanh Xuan district, Hanoi). IP application and dispatches, documents submitted to NOIP office only received through online form or post.

-NOIP also stops consulting at NOIP office (386 of Nguyen Trai street, Thanh Xuan district, Hanoi). Accordingly, consulting activities on IP in general and procedure for IP application in particular, only are implemented through telephone or email.

-The receipt of application and consulting activities at Representative office of NOIP at Ho Chi Minh city and Da Nang will still go on as usual.

If you're looking for an affordable IP attorneys in Vietnam, check out ANT Lawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face. 

  

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How to Recognize Father or Mother for a Child ?

It is a legal requirement in Vietnam to register the recognition of father, mother of a child regardless the child’s parents are married or not. Such recognition shall be made on the newly issued birth certificate of the child.

 

Recognize Father for Child in Vietnam

The recognition of the father, mother protects the legal rights of all involved parties. For the family involving foreign elements i.e foreigners, expatriates living in Vietnam, the procedure for recognition of father, mothers of a child have to follow the laws of Vietnam, through various steps at Vietnam Authority including People’s Committee, Provincial Department of Justice and at Consular of foreign country where the mother or father of the child comes from.

The dossiers of application for recognition of fathers, mothers or children shall include the following papers:

-The application for recognition of father, mother of the child;

-The copies of the ID (for Vietnamese citizens staying in the country), or passports or substitute papers (for foreigners and Vietnamese citizens in foreign countries);

-The copies of the birth certificates of the persons to be recognized as child;

-Papers, documents or evidences (if any) to prove that there is a blood relationship between the father or mother and the child;

-The copy of the household registration book or collective resident certificate (for Vietnamese citizens permanently residing in the country);

-The permanent residence card (for foreigners permanently residing in Vietnam) of the persons to be recognized as father or mother.

Documents issued in foreign language shall need to be translated into Vietnamese, notarized or legalized to conform with legal document requirements of Vietnam authorities.

The time for processing dossiers at various authorities depend on the submitted documents and the time taken by the authorities to validate the case and could range between two weeks to two months.

The Vietnam authorities will need to study and examine dossiers of application for recognition of father, mother of the child. In cases where there is any doubts, complaints or denunciation about the recognition of father, mother of the child, or whether it is deemed that the personal identification of the involved parties or papers in the dossiers of application need to be clarified, the Provincial Department of Justice shall carry out the verification, including interviews with the involved parties or request for the additional proof.

Once the application is processed, verified and confirmed, the revised birth certificate of the child will be issued to reflect the changes which will show the name of the father or mother added.

We are a law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

   

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Why Investor Needs to Protect Trademark in Vietnam?

Trademark protection in Vietnam is initially obtained through trademark registration. Trademark opposition could be filed to prevent a pending application for a mark from being granted application. Litigatn is the final measure to handle dispute during trademark protection in Vietnam.

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer. A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

 

Trademark protection in Vietnam

The annual reports of the Vietnam National Office of Intellectual Property (NOIP) prove that trademark violation in Vietnam is the most popular, among other industrial property rights. According to the preliminary annual report in 2011, and 2012, there has been more than 1,000 cases of trademark violations each year.  Report of 2013 and after shows more than 2,000 trademark infringements were handled with the total fines of trademark violators of around USD 1 million per year. Having said that, it is important for trademark owner to register trademarks in Vietnam for better protection. This is also suggested for even well-known trademarks.

For registration, trademark owner has two options: either directly register trademark in Vietnam by filling an application for registration with the Vietnam NOIP, or seek the trademark protection in Vietnam through Madrid’s system. For the first option, the trademark owner needs to prepare, file for registration, and pay fee as the requirement of Vietnam Intellectual Property law. In case trademark needs to be protected in a number of nations, including Vietnam, trademark owner may register trademark through Madrid’s system.

Where the violation of trademark occurs, trademark owner needs to judge the level of infringement, level of damage to choose suitable resolutions. Initially, the trademark owner may protect by requiring to the trademark violator to terminate the infringing acts, apologize, and rectify. In case of being damaged, trademark owners have rights to claim compensation. If failing to reach result, trademark owner may use settlement mechanism through negotiation or mediation or could request the competent state agencies to handle acts of infringement through i.e. filling a denunciation application and submitting to the Vietnam NOIP. Litigation might be required to handle acts of infringement. Generally, the proceeding of civil litigation is more complex than the arbitration proceeding. In cases the trademark owner needs a decision from court in order to end trademark infringement, civil litigation is top priority. In the remaining cases, arbitration is a better choice with advantages of cheaper cost, shorter settling time, and more flexible.

If you are looking for an experienced Trademark lawyers in Vietnam to help you with your Trademark application, you should visit ANTLawyers.vn. Our attorneys have experience with the Trademark process and will work closely with you as you apply for your IP.

  

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Đà Nẵng đầu tư mở rộng Trung tâm Công nghệ sinh học

 Ngày 12 tháng 8 năm 2020, Văn phòng UBND TP Đà Nẵng cho biết, Chủ tịch UBND thành phố Đà Nẵng đã ban hành Quyết định số 2686/QĐ-UBND về việc phê duyệt Đề án “Mở rộng, nâng cấp Trung tâm Công nghệ sinh học Đà Nẵng phục vụ nghiên cứu và phát triển vùng Nam Trung Bộ”.

                      Đà Nẵng đầu tư mở rộng Trung tâm Công nghệ sinh học

Việc mở rộng và nâng cấp Trung tâm Công nghệ sinh học Đà Nẵng thành Trung tâm nghiên cứu và phát triển (R&D) công nghệ sinh học nhằm phục vụ phát triển kinh tế – xã hội vùng Nam Trung Bộ, trên cơ sở phát triển cơ sở vật chất – kỹ thuật và nhân lực đủ mạnh và một cơ chế hoạt động đặc thù bảo đảm năng lực thực hiện vai trò của một hội điểm (hub) của các bên: khoa học, kỹ thuật, doanh nghiệp, nông – lâm – ngư dân.

Qua đó, trung tâm có khả năng thu hút đầu tư góp phần phát triển các mảng thuộc chuỗi giá trị khai phát các ưu thế của Nam Trung Bộ (nông nghiệp công nghệ cao, công nghệ sinh học biển, dược liệu…), góp phần tích cực trong bảo tồn và phát triển tài nguyên sinh học, bảo vệ môi trường và phát triển bền vững của tiểu vùng và quốc gia. Nội dung đầu tư bao gồm: xây dựng khối phòng thí nghiệm nghiên cứu ứng dụng công nghệ sinh học 3 tầng; khối phòng thí nghiệm chế phẩm sinh học 3 tầng; khối nghiên cứu ứng dụng tổng hợp 3 tầng; cụm xưởng thực nghiệm pilot; khu động vật thí nghiệm; khu nhà kính, nhà lưới; vườn thực nghiệm; ruộng – rừng thực nghiệm và mua sắm máy móc, trang thiết bị.

Tổng vốn của  dự án là 651,7 tỷ đồng, từ nguồn vốn ngân sách Trung ương, vốn ngân sách địa phương và vốn xã hội hóa. Sở Khoa học và Công nghệ thành phố Đà Nẵng là cơ quan được giao chủ trì, tổ chức, quản lý thực hiện trong giai đoạn 2020-2030.

Từ cuối thế kỷ 20, công nghệ sinh học từ một ngành khoa học đã trở thành ngành kinh tế – kỹ thuật công nghệ cao của nhiều quốc gia trên thế giới. Với nước ta, công nghệ sinh học có vai trò quan trọng trong việc góp phần bảo đảm an ninh lương thực, chuyển đổi cơ cấu và phát triển bền vững kinh tế công nghiệp, nông thôn; cung cấp những sản phẩm cơ bản, thiết yếu chăm sóc sức khoẻ cộng đồng; bảo vệ môi trường sống, phục vụ phát triển kinh tế – xã hội.

Việc Đà Nẵng đầu tư mở rộng Trung tâm Công nghệ sinh học với mục tiêu thực hiện vai trò của một hội điểm của khoa học, kỹ thuật, doanh nghiệp và nông – lâm – ngư dân càng khẳng định vai trò của công nghệ sinh học trong thời đại hiện nay cũng như cho thấy định hướng phát triển cơ cấu kinh tế của thành phố. Đây là cơ hội phát triển cho doanh nghiệp hoạt động trong ngành công nghệ sinh học tại Đà Nẵng nói riêng và Việt Nam nói chung.

Công ty Luật TNHH ANT (ANT Lawyers) là công ty luật Việt Nam cung cấp các dịch vụ tư vấn pháp lý chuyên nghiệp tại Việt Nam. ANT Lawyers do các luật sư và cộng sự có kinh nghiệm và chuyên môn cao về pháp lý điều hành. Chúng tôi cung cấp luật sư nói tiếng Anh khi có yêu cầu

  

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