1. The regulations regarding the termination of trademark validity  According to the current IP Law, the trademark has not been used by its owner or the licensee of the owner without justifiable reason for five (5) consecutive years may be requested for termination of validity of the protection…

In civil disputes, jurisdiction is determined based on the type of matter, level of trial court, and, in some cases, the plaintiff’s choice. The law may empower the plaintiff with the right to choose the court to resolve the dispute under specific circumstances. One such circumstance is when the…

Currently, the service of Vietnamese guest workers to work abroad under contracts is increasingly developing. This article will provide some additional notes on conditions for subjects and for escrow to businesses that are eager to provide services to Vietnamese guest workers.   1. Conditions on…

Currently, a number of foreign investors who are offshore economic organizations wish to reward shares for employees working for their subsidiaries, representative offices, branches, executive offices, … in Vietnam. This article provides readers with an overview of the offshore issued bonus share…

The charter is one of the mandatory documents that must be submitted to the business registration agency when registering a business. Owners/capital contributors/shareholders are required to draw up a charter in accordance with enterprise law before establishing the company for review and approval…

Company Information: Apolat Legal is a full-service commercial law firm practicing in Viet Nam. Our Clients rely on us to provide them with innovative commercial and legal advice, which is of the highest international standard and practical in a Vietnamese context. As a dynamic law firm with the…

Currently, technological advancements are happening at an unprecedented pace, leading to a new industrial revolution with the emergence of artificial intelligence, robotics, and automation, which have made significant strides in various industries from manufacturing to services.  Moreover, in the…

In recent times, Vietnam has witnessed a remarkable transformation in its computer software sector, elevating it to a position of strength within the nation’s economy. Specifically, data provided by the Vietnam Software and Information Technology Services Association (Vinasa) indicates that in 2020,…

Determining the authorship of inventions (inventors) created with AI assistance has been a contentious issue in recent years. However, light is gradually emerging, though it is clear that this is not yet the end of the tunnel. In the case of Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), the…

After the Court issues a judgment or decision (collectively referred to as “judgment“) to resolve the case, the next step that the winning party is interested in is how the legally effective judgment will be enforced most effectively. Reality has shown that the judgment enforcement process in…

In the context of increasingly vibrant economic integration, trademark rights infringement has become one of the worrying issues that every business must face to protect the rights and maximum benefits for its operations. your business. As a country with a strongly developed industry and market,…

Currently, “chips” are a hot topic in both economic, political and legal discussions. From the perspective of intellectual property law, chips are considered a form of integrated circuit. Simply speaking, semiconductor integrated circuits are electronic circuits in which all the elements including…

1. Trademark registration paths in China  Similar to most other countries, an organization or individual can register a trademark in China through two common routes:  Register an international trademark through the Madrid system from any country that is a member of the Madrid system and,…

Mickey Mouse is a familiar cartoon character to all ages, which was first published to the public in 1928 and gradually became a typical character and representative of the image of the Walt Disney Company (hereinafter referred to as “Disney“). Officially on January 01st, 2024, the copyright term of…

Special-use vehicles are important tools in the production process at factories and warehouses. When putting these vehicles into operation, companies not only need to pay attention to technical factors, ensure proper use but also ensure that these vehicles have been registered in accordance with the…

“From domain name speculation to trademark speculation” – https://thesaigontimes.vn/tu-dau-co-ten-mien-den-dau-co-nhan-hieu/ has been regulated by law. It can be said that the phenomenon of trademark speculation in recent times has caused many disputes and conflicts, creating an unhealthy…

1. Draft Decree on the controlled sandbox mechanism for financial technology (Fintech) activities The draft Decree clearly states that the selection process for organizations participating in the Sandbox Mechanism will be based on the following basic principles: Fair, objective and transparent…

According to the investment report from the Foreign Investment Agency, Vietnam has granted licenses to 124 new projects from investors with U.S nationality, with a total investment capital of up to 113 million USD. The cumulative total of valid projects from U.S. investors reached 1,336 projects by…

1. Meet recruitment conditions for using foreign employees working in Vietnam  According to the provisions of Clause 1 and Clause 2, Article 152 of the 2019 Labor Code, to recruit foreign employees to work in Vietnam, employers must meet the following conditions:  Only foreign employees can be…

According to statistics from the Ministry of Planning and Investment, in 2023, there were investments from 111 countries and territories in Vietnam. Among them, Singapore led with a total investment of over 6.8 billion USD, accounting for 18.6% of the total foreign investment in Vietnam and an…

The payable social insurance for employees 1. Amounts that are and are not subject to calculating the payable social insurance for Employees according to the law 1.1 Amounts that are subject to calculating the payable social insurance for employees according to legal regulations  For employees…

In the context of globalization and multi-dimensional economic development, sending Vietnamese workers to work abroad (or “providing Vietnamese guest workers service”) has become an indispensable part of the national development strategy. This is not only an opportunity for individuals but also a…

Vietnamese organizations/individuals when making investments abroad, need to comply and fully submit the following reports:  1. Reporting Of Offshore Investment Activities  1.1 Report on Investment Project Implementation Status  The Investors are required to implement a reporting of offshore…

1. Regarding forms of offshore investment  According to Vietnamese Law, to conduct offshore investment, Vietnamese organizations and Vietnamese Individuals must apply for the necessary licenses:  Applying for an Offshore Investment Registration Certificate at the Ministry of Planning and…

Conditions to be complied when performing cross-border advertising activities in Vietnam 1. Definition of cross-border advertising activities in Vietnam  Clause 1, Article 1 of Decree 70/2021/ND-CP amending a number of articles of Decree 181/2013/ND-CP of the Government detailing the…

The Representative Managing the Contributed Capital of the owner, member or shareholder of the company being an organization, is an individual who is authorized in writing to act on behalf of such owner, member or shareholder to exercise rights and perform obligations under the Law on Enterprise…

The dismissal of a member of the board of management 1. Voting Majority in accordance with the laws Currently, for joint-stock companies, the Enterprise Law stipulates two main voting majority ratios for a resolution to be passed:  (i) if it is agreed by a number of shareholders representing from…

While the agreed matrimonial property regime is contingent upon the mutual consent of the parties, it still must adhere to the legal framework. Consequently, instances may arise where the matrimonial property regime, as established through an agreement, is deemed void. The following article outlines…

In the context of globalization, when free trade conventions take effect, Vietnamese enterprises will have more opportunities for business, investment, cooperation, and so on. However, aside from the positive impact, there are the difficulties that Vietnamese enterprises must face in the process of…

Regarding the matrimonial property regime, most countries worldwide currently employ two prevalent matrimonial property regimes simultaneously: statutory (by law) and unity (by agreement). Nevertheless, in some countries, the agreed property regime may not have been codified concurrently with the…