Legal answers

Structuring and Governance

Answered

In order to operate effectively and sustainably, every enterprise must have an appropriate form of structure and organization for the criteria to become distinct, and what all the enterprises should always pay attention first is the legitimacy. Compliance with the law is always the foundation for all forms of structure and organization, to be able to bring into full play their role in the future and destiny of the business. In relation to the structure/organization consulting business, to ensure the legal issues and avoid all risks for the customers, BIZLAWYER provides the following legal services:

Consult the establishment and operation of the enterprises, branches, representative offices and business locations;
Advise on activities related to the purchase and sale of shares of the shareholders; financial investment activities (capital contribution, share purchase) of the clients at other enterprises;
Consult to build organizational model and corporate management;
Advise on stock issuance, anti-dilution and control modes of business management and administration;
Consult the enterprises, hold meetings of the Shareholders’ Meeting, Board of Management of joint stock companies; Board of Member’s meeting for limited companies;
Consult the M&A the enterprises or projects;
Legal advice in the case there are conflict problems among owners or implement the corporate development strategies or business restructuring: split or merger;
Consult to change the form of operation of the business;
Consult the dissolution of the enterprises (consultancy on dissolution conditions, procedures for liquidation of assets, tax finalization upon dissolution of enterprises);
Consult the business conditions of the enterprises;
Legal review of structure, organization and operation through the drafting, modification of documents issued by the board of management of enterprises;
Consult and guide to check the compliance with the law, the report and the disclosure of legal documents and internal documents issued by the enterprises;
Consult and provide services to consolidate legal documents of the enterprises (business registration, tax, labor …) to avoid legal risks from inspection and audit organizations;
Warn about the legal risks in the corporate management as well as the business operations.

Specialized page

Answered

The enterprises, in the course of their production and business activities, shall have to apply for permission to distribute conditional products under the law. With regard to product distribution procedures, BIZLAWYER is ready to provide our clients with consulting, supporting and representative services quickly and effectively to perform the legal procedures, including the following main services:

Business licenses for trading goods and activities directly related to the trading goods;
Registration for circulation of products (cosmetics, food);
License for circulation of cosmetics;
License for qualified chemical business;
Certificate of veterinary medicine business;
License for import (import medical equipments);
License for wholesale/retail cigarette;
License for wholesaling/retailing liquor;
Register bar code of the products.

Intellectual Property

Answered

Regarding the procedures in the field of Intellectual Property, BIZLAWYER is ready to provide our clients with consulting, supporting and representative services quickly and effectively to perform the legal procedures, including the following main services:

Register the protection of trade names;
Register the protection of trademarks;
Register the amendment, transfer, extension of the certificate of registered trademarks;
Register for copyright;
Consult and carry out transfer/handover copyright procedures;
Register the protection of industrial designs;
Register patents, utility solutions and industrial designs;
Register trademarks, patents, designs, and copyrights at oversea;
Register and conduct legal activities related to domain names.
Consult the transferring of the right to use or the ownership of intellectual property objects which are protected in Vietnam;
Consult, draft contract, registration of license contracts, assign trademarks, technology transfer;
Carry out the procedures for the approval, registration of licenses and technology transfer.

License

Answered

If the business registration is a necessary condition for a enterprise to operate legally and protected by the goverment, then the business licenses are a sufficient condition to demonstrate the permission of the government to the enterprises. For the industries which the investment law and relevant laws stipulate that they must satisfy all related conditions, the enterprises only can conduct such trading when they fully meet the conditions prescribed by the law, such as: business license, business qualification certificate, professional practice certificate, professional liability insurance certificate, legal capital requirements or other requirements.

Regarding to the legal procedures for applying for conditional business licenses, BIZLAWYER is ready to provide our clients with consulting, supporting and representative services quickly and effectively to perform the legal procedures, including the following main services:

Permit for labor export service activities;
Domestic/international travel business license;
License to operate foreign language center (computing);
Decision to establish preschool/kindergarten;
Decision on recognition class of tourist accommodation;
Minutes of eligibility for Fire Prevention and Fighting;
Certificate of satisfaction of safe security;
Notification of operation of real estate trading floor;
License to open a representative office in a foreign country.
License for eligible casino business;
License for automobile transportation business;
License for promotions;
License to operate ICP website;
Certificate of satisfaction of food safety and hygiene conditions;
License for online video game business;
Certificate of qualified clinic. (Business of polyclinics, special clinics);
License for advertising;
License for artistic performance;
License for vocational training;
Certificate of qualified of film production;
License for multi-level marketing;
License for alcohol production;
License for the printing industry;
Certificates of satisfaction of food safety and hygiene;
Certificate of product standard announcement (after obtaining the certificate of food safety and hygiene);
Certificate of product standard;
Licenses for production of veterinary medicine;
Registration of environmental protection commitments; Or Environmental Protection Scheme (For the business fields affecting the environment: scrap/waste fabric business, production industry);
Certificate of imported product standards.

Register the protection of trade names;
Register the protection of trademarks;
Register the amendment, transfer, extension of the certificate of registered trademarks;
Register for copyright;
Consult and carry out transfer/handover copyright procedures;
Register the protection of industrial designs;
Register patents, utility solutions and industrial designs;
Register trademarks, patents, designs, and copyrights at oversea;
Register and conduct legal activities related to domain names;
Consult the transferring of the right to use or the ownership of intellectual property objects which are protected in Vietnam;
Consult, draft contract, registration of license contracts, assign trademarks, technology transfer;
Carry out the procedures for the approval, registration of licenses and technology transfer.

Foreigner

Answered

The policy of open economy and integration has demonstrated the encouragement of the government, Vietnam laws have relatively “opened” regulations for oversea Vietnamese returning home and foreigners to invest, trade, work as well as guarantee their legal rights in property and personal indentity in Vietnam. However, due to the specificity of these subjects, the law still has provisions on binding conditions with strict legal procedures, which make many people feel confused when they do not know clearly laws and regulations in Vietnam.

In order to help the oversea Vietnamese and foreigners to get past these barriers and to quickly integrate into Vietnam’s social environment, BIZLAWYER is ready to provide our clients with consulting, supporting and representative services in the matter of legal procedures quickly and effeciently, including the main services as follows:

Procedures for obtaining work permit for a foreigner;
Procedures for temporary residence card for foreigners;
Visa application procedures for foreigners;
Visa application procedures for foreign investors;
Procedures for re-issuance of temporary residence card due to loss/damage;
Procedures for re-issuance of work permits;
Procedures for extension of work permit;
Legal advice and procedures for foreigners on buying/renting houses in Vietnam;
Procedures for adopting Vietnamese children by foreigners;
Service of changing driver’s license for foreigners.

Investment

Answered

With a comprehensive and deep understanding of the law and the business investment environment in Vietnam, BIZLAWYER can provide both domestic and foreign investors with the most useful legal advices in this field. BIZLAWYER’s clients have operated in variety field, from registration investment projects to appraisal projects. In this field, BIZLAWYER provides the clients with consulting, supporting and representative services quickly and effectively to perform legal procedures including the following main services:

Procedures for applying for the investment underatkings of the National Assembly/Prime Minister/Provincial People’s Committee;
Procedures for applying for the investment registration certificates in case project must have investment undertakings from the National Assembly/Prime Minister/Provincial People’s Committee;
Procedures for applying for the investment registration certificate in case project does not need to have the investment undertakings;
Procedures for adjusting the investment registration certificates in case project must have investment undertakings from the National Assembly/Prime Minister/Provincial People’s Committee;
Procedures for adjusting the investment registration certificate in case project does not need to have the investment undertakings;
Procedures for transferring the investment projects;
Procedures for adjusting the investment projects in case of division/merger/conversion of economic organizations;
Procedures for adjusting the investment projects according to the judgments or decisions of the court or arbitration;
Procedures for prolonging the progress of investment projects;
Procedures for the temporary suspension of investment projects;
Procedures for the termination of operation of investment projects;
Procedures for the establishment of operating offices of foreign investors in BCC contracts;
Procedure for operating termination of the foreign investors’ office in the BCC contract;
Procedures for issuing the certificates of investment registration for projects operating under the investment 15. licenses, investment certificates or other equivalent legal validity documents;
Procedures for ensuring investment in case of not continuing to apply the investment incentives;
Procedures for capital contribution to purchase shares to Vietnamese enterprises/ economic organizations of foreign investors;
Procedures for obtaining decisions from the Prime Minister on the issuance of investment undertakings to 19. foreign countries;
Procedures for applying for the investment registration certificate to foreign countries;
Procedures for adjusting the certificate of investment registration to foreign countries;
Procedures for the termination of investment projects to foreign countries.

Enterprise

Answered

Regarding the legal procedures of the enterprises, BIZLAWYER is professional unit is ready to provide the clients with consulting services, support and represent to implement the legal procedures quickly, efficiently and professionally, including the following main services:

Establish the enterprises;
Change the content of business registration (change the company name, industry business, head office address, member/shareholder of the company,…);
Change the legal representative of the enterprise;
Change the owner of one member company limited;
Change the type of business;
Split the enterprises;
Consolidate, merge the enterprises;
Prepare the procedures for registering the operation of branches/ representative offices/business locations;
Prepare the procedures for changing the operation contents of branches/representative offices/business locations;
Prepare the procedures for registering the temporary suspension of business operation;
Prepare the procedures for registering operation before the expiration of the temporary suspension duration;
Prepare the procedures for the business dissolution.