Reputable law firm in Vietnam

Reputable law firm in Vietnam

ANT Lawyers- A reputable law firm in Vietnam has English-speaking attorneys in Hanoi, Danang, and Ho Chi Minh City offices.

Our friendly, collegiate, and team-based working style is something we take great satisfaction in as a single, fully integrated, international partnership law practice in Vietnam.

We are a member of International Bar Association, Vietnam Bar Federation, Hanoi Bar Association.

ANT Lawyers is an Exclusive member in Vietnam of Prae Legal, a network of law firms with offices in 150 nations across 5 continents.

IFLR1000 assesses ANT Lawyers under Financial and Corporate. The boutique law practice specializes in corporate M&A and represents foreign clients and investors in a variety of domestic and international transactions, including joint ventures and restructuring.

We pride ourselves in our global recognition by the IFLR1000 on Financial and Corporate practice, our peers at Prae Legal's international standard, our local knowledge with our extensive network of Vietnamese authorities and local experts.

Our business approach is guided by customer needs and our goal of providing clients with high-quality legal assistance in a business environment.

Allow ANT Lawyers, a law firm in Vietnam assist you in conducting business in Vietnam.

Send us request via email at ant@antlawyers.vn or call us at +84 28 730 86 529 

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Italian investors want to invest in Vietnam

Economic and trade cooperation between Italy and Vietnam has created an exciting period than any time in recent memory. As of late, the Italian government has included Vietnam in the rundown of 20 nations that keep focusing on advancing exchange and venture until 2030.

On July 5th, 2022, the Vietnam-Italy Economic Cooperation Seminar the subject "Vietnam – A business and investment destination for Italian businesses" was organized by the Federation of Industry of Pisa province and Italian Chamber of Commerce in Vietnam (ICHAM), with the cooperation of Vietnamese Ambassador to Italy, the designation of the Embassy, heads of Pontedera cities, Pisa, Cascina, Calcinaia, heads of the Confederation of Industry of Pisa Province, and local businesses of the area of Pisa and the Tuscan region.

Vietnam is as of now Italy's biggest exchanging accomplice the Relationship of Southeast Asian Countries (ASEAN), while Italy is Vietnam's fourth biggest accomplice in the European Association (EU). Two-way exchange turnover 2021 will arrive at USD 5.6 billion, the most significant level ever, an increment of 20% contrasted with 2020. There are in excess of 110 Italian ventures putting resources into 18 regions and urban communities of Vietnam and working effectively. As of late, the Italian government kept on remembering Vietnam for the rundown of 20 nations that keep on focusing on advancing exchange and speculation until 2030.

Why Italian companies should invest and do business in Vietnam?

One is the dynamism of Vietnam's economy. Second, the deep integration of Vietnam's economy, which is a member of 16 Free Trade Agreements (FTAs) at the moment. These FTAs include brand-new and substantial ones like EVFTA, RCEP, and CPTPP. Third is Vietnam's changes and improvement needs. Fourth is the actions to help from the Italian government for organizations, particularly little and medium undertakings, in advancing "Made in Italy" items and internationalizing developing business sectors. Fifth is the reinforcing of trades and common figuring out between the people groups of the two nations.

The Vietnam Ambassador accepts that the meeting is a valuable chance to trade data and the kickoff of new participation projects sooner rather than later among Tuscany and Vietnam to upgrade this profoundly expected reciprocal collaboration. The Vietnam Ambassador communicated his expectation that an ever increasing number of Italian organizations overall and Toscana specifically will proceed with the outcome of Italian organizations putting resources into Vietnam, setting up company in Vietnam exploiting Tuscany area, with qualities in social qualities, long history, the travel industry, cooking, wine, design and workmanship items, and high innovation.

A representative of Esanastri printing organization, which has a factory set up in Vietnam, underscored that, notwithstanding lengthy involvement with the field of assembling silk-printed enhancements and 3D logos, as well as future arranging while moving the creation of head protector decorations, glue illustrations and 3D symbols to Vietnam, it was the cordial business climate in Vietnam that turned into an unequivocal variable for the improvement of the organization. Until now, Esanastri Vietnam has 50 workers and has produced more than half a million decorations with a turnover of about 3 million euros in 2021.

A representative of Segis organization, which likewise has a factory set up in Vietnam, imparted to the gathering participants about the triumphs of Segis Vietnam organization when the organization's furniture items with own plan has won many plan grants from the Modern Plan Relationship in Italy (Compasso D'oro), traded to Italy, Europe and USA for the beyond 10 years.

Vietnam Ambassador has required the help of the city experts in illuminating and supporting businesses doing business and investing and establishing companies in Vietnam, making good circumstances for trade exercises, culture and exchange among Vietnam and Italy inside the system of exercises to praise the 50th commemoration of the foundation of political relations between the two nations. 

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Navigating Employment Termination Matters in Vietnam

Navigating Employment Termination Matters in Vietnam: The Role of Employment Litigation Lawyers

Terminating employment is a delicate and complex interaction that requires cautious adherence to work regulations and guidelines. In Vietnam, the bosses and workers face different difficulties with regards to business end matters. When labour disputes arise, looking for help from experienced employment litigation lawyers in Vietnam becomes vital.

Employment Termination in Vietnam

Employment termination is administered by the Labor Code, which gives rules and guidelines to the two managers and representatives. Redundancy, disciplinary action, mutual agreement, or the expiration of a fixed-term contract are all examples of situations that can result in the termination of an employment contract in Vietnam. However, it is essential to ensure that terminations adhere to legal requirements and due process, regardless of the reason. Failure to do so may result in disagreements and possible legal consequences.

Dispute Resolution Mechanisms

Seeking professional legal assistances help is a good idea when disputes between employers and employees arise during the termination process. Employment litigation lawyers in Vietnam have practical experience in business regulation and are knowledgeable in the work regulation and debate goal components. Throughout the process of resolving a dispute, they can offer guidance and representation that are of great value. Employment litigation attorneys in Vietnam assist employers and employees in comprehending their rights and responsibilities, evaluating the merits of their case, and evaluating alternative dispute resolution options like negotiation or mediation in order to achieve a mutually agreeable resolution. These employment dispute lawyers in Vietnam can represent their clients in labor arbitration or litigation if the conflict escalates, ensuring that their interests are safeguarded and the legal procedure is diligently followed.

Role of employment litigation lawyers for employers in Vietnam

Employment litigation lawyers in Vietnam help employers in leading far-reaching appraisals of end choices, guaranteeing consistence with lawful necessities and limiting the gamble of debates. They offer direction on issues, for example, severance pay, notice periods, and non-contend statements, guaranteeing that businesses satisfy their commitments and safeguard their financial matters. In case of a debate, these legal counselors can address managers during discussion, intercession, or suit, upholding for fair and sensible results while defending their clients' legitimate freedoms and notoriety.

Role of employment litigation lawyers for employees in Vietnam

Employment litigation lawyers in Vietnam represent considerable authority in business matters offer priceless help to workers by guaranteeing their privileges are safeguarded in the meantime. They assist representatives with grasping their privileges, for example, severance pay, and evaluate the legitimateness and decency of end choices. Question attorneys give lawful counsel and portrayal during discussions, intercessions, or official actions, supporting for just results and chasing after solutions for any illegitimate end or out of line treatment. They can help with social event proof, introducing contentions, and looking for pay or reestablishment, contingent upon the conditions. Employees can confidently navigate the complexities of employment termination disputes with the assurance that their interests are protected with the assistance of skilled legal professionals.

In conclusion, employment litigation lawyers assume a vital part in settling work debates in Vietnam. They provide essential support to clients, defending their legal rights and pursuing fair outcomes by utilizing their advocacy skills, extensive knowledge of labor laws, and expertise in dispute resolution mechanisms. Whether through discussion, intervention, or suit, In conclusion, employment litigation lawyers in Vietnam offer significant help with exploring the intricacies of work questions, guaranteeing that businesses and representatives the same are dealt with decently and that their advantages are shielded in the meantime.

ANT Lawyers is a law service in Vietnam with English speaking lawyers, located in the business centers of Hanoi, Danang and Ho Chi Minh City with international standards. We are Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services. 

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Navigating Complexities and Safeguarding Property Rights with real estate litigation lawyers in Vietnam

The Crucial Role of Real Estate Litigation Lawyers in Vietnam

Real estate transactions in Vietnam are on the ascent, driven by expanding urbanization. Notwithstanding, exploring the complex legitimate scene of the Vietnam housing business sector can be trying for both homegrown and worldwide financial backers. Real estate litigation lawyers assume a basic part in this unique situation, offering master direction and portrayal to defend property freedoms and resolve questions really.

The Vietnam real estate market is assorted and dynamic, incorporating private, business, modern, and rural properties. With the rising interest for land and properties, land exchanges include different partners, including purchasers, venders, designers, property managers, occupants, and government organizations.

Understanding the legitimate subtleties and complexities of land exchanges is essential to guarantee consistence with regulations and guidelines, limit gambles, and safeguard property privileges. Real estate litigation lawyers in Vietnam have top to bottom information on Vietnam land regulations, guidelines, and market works on, making them exceptional to direct clients through each step of the real estate process.

One of the essential jobs of real estate litigation lawyers in Vietnam is to give master help with drafting and assessing land contracts. Whether it's a deal and buy understanding, rent understanding, improvement understanding, or joint endeavor contract, these legal advisors guarantee that the agreements are lawfully strong, safeguard their clients' advantages, and line up with Vietnam land regulations. They fastidiously investigate legally binding terms, recognize expected gambles, and haggle in the interest of their clients to get good agreements. Moreover, real estate litigation lawyers in Vietnam exhort clients on consistence with administrative necessities, divulgence commitments, and the utilization of standard industry terms.

Before taking part in any land exchange, exhaustive property a reasonable level of effort is fundamental to survey the property's legitimate status, proprietorship, and likely dangers. Real estate dispute lawyers in Vietnam lead far reaching a reasonable level of effort examinations, looking at land titles, encumbrances, allows, and drafting guidelines. This persistence assists clients with settling on informed conclusions about the suitability and potential dangers related with a property speculation. Recognizing any lawful issues or inconsistencies in advance permits clients to proactively relieve dangers and address possible difficulties.

In Vietnam, land use privileges are a perplexing part of land exchanges. Real estate litigation lawyers  help clients in understanding the different sorts of land use privileges, like leasehold, freehold, and land use freedoms for unfamiliar financial backers. They give direction ashore use arranging, land designation, and transformation methodology. Moreover, these Real estate litigation lawyers assist clients with exploring land possession debates, limit questions, and issues connected with the obtaining of land-use freedoms. Their mastery in land regulations and guidelines guarantees that clients' property privileges are legitimately safeguarded, and they can unhesitatingly continue with their land speculations.

Questions in land exchanges are normal, and when clashes emerge, land prosecution legal counselors in Vietnam become significant supporters for their clients. These legal counselors are knowledgeable about dealing with an extensive variety of land questions, for example, break of agreement claims, expulsion activities, title debates, development debates, and requirement of property privileges. They help clients in investigating elective debate goal strategies, like exchange, intercession, and mediation, to arrive at neighborly settlements and keep away from expensive suit whenever the situation allows. Be that as it may, assuming suit becomes fundamental, land prosecution legal counselors in Vietnam address their clients in court procedures, introducing powerful claims and proof to safeguard their clients' property privileges and monetary interests.

Land projects frequently require different government endorsements and grants. Real estate litigation lawyers in Vietnam are knowledgeable in the administrative scene and help clients in getting the fundamental endorsements, allows, and licenses from significant specialists.

In conclusion, real estate litigation lawyers in Vietnam assume a key part in the nation's flourishing property market. With their profound information on Vietnamese land regulations, guidelines, and market rehearses, they guide clients through the intricacies of land exchanges, safeguard property freedoms, and resolve questions actually. Whether helping with contract drafting, an expected level of effort, land use issues, question goal, administrative consistence, or government endorsements, land case legal counselors contribute fundamentally to guaranteeing a straightforward and secure housing market in Vietnam. Their master direction and portrayal are fundamental for financial backers looking for progress and strength in this lively and quickly advancing area while carrying on doing business in Vietnam. 

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How Foreigners Can Easily Own a House in Vietnam?

 How Foreigners Can Easily Own a House in Vietnam?

Because making an overseas property investment is a significant decision, it is recommended that the investors consult with real estate dispute lawyers in Vietnam for assistance in determining the developer's eligibility, construction permits, and other project-related legal documents. To ensure the protection of rights, reduce risks, and ensure compliance, it is essential to review the transaction documents in relation to the deposit agreement, sales agreement, and any other agreements the developer might propose.

On November 25th, 2014, the National Assembly of the Socialist Republic of Vietnam has approved the Housing Act 2014. The fact that a foreigner can buy a house in Vietnam is one of the most notable new changes.

Houses can be owned by foreign organizations and individuals in Vietnam:

-Overseas organizations and individuals putting resources into lodging development under projects in Vietnam as per the arrangements of the Housing Law and related authoritative archives;

-In Vietnam, businesses with foreign investment capital are operating, as are foreign investment funds, foreign bank branches, branch or representative offices of foreign businesses, and foreign investment funds.

-Foreign citizens are allowed to enter Vietnam.

What are forms of ownership housing foreigner in Vietnam?

-investment in the construction of housing in Vietnam as part of the project, in accordance with the Housing Law and related legislation;

-Apartments and single-family homes are included in the investment projects of housing construction. Commercial housing can be purchased, leased, donated, or passed down. (With the exception of housing projects aimed at safeguarding Vietnam's national defense and security, as mandated by the Government of Vietnam).

What are conditions, rights and obligations of foreigner when buy house in Vietnam?

For people or associations putting resources into lodging development under a project in Vietnam while seeking to possess houses in Vietnam they should fulfill the accompanying circumstances:

-Have an investment certificate

- Have housing developments constructed within the project in accordance with housing law.

When looking to buy a house in Vietnam, foreign businesses with foreign investment capital, branch or representative offices of foreign businesses, foreign investment funds, and foreign bank branches must meet the following conditions:

-Have investment certificates or documents relating with the license to operate in Vietnam gave by the skillful State offices of Vietnam.

Foreign individuals buying a house in Vietnam

-Allowed entry into Vietnam, but do not entitled to diplomatic and consular privileges and immunity.

Foreign businesses with foreign investment capital, branch or representative offices of foreign businesses, foreign investment funds, and foreign bank branches in Vietnam, as well as individual foreign buyers of homes in Vietnam, are eligible to own homes in Vietnam when:

-Rent, buy, donate, inherit, or own no more than 30% of an apartment building's units; Foreigners are not permitted to buy, lease, donate, inherit, or own more than two hundred fifty individual houses, including villas and semi-detached houses, in areas with a population equivalent to that of ward-level administrative;

-In accordance with the terms of the contract of sale, lease, donation, or inheritance, foreign individuals are entitled to own a home for a maximum of 50 years from the date of issuance of the certificate of ownership, which may be extended as required by the government. The certificate must also specify the period of ownership of the property;

-In the case of foreign individuals married to a citizen of Vietnam or hitched to a Vietnam resident got an outside country, they can possess the houses for a long and stable term. Additionally, like Vietnamese citizens, they enjoy owner rights;

Foreign organizations shall have the right to own a house in accordance with the contract of sale, lease, donation, or inheritance, but not longer than the period outlined in the certificate of ownership, which may include an extended period. The time it takes to own a house starts on the date the certificate of ownership is received and is listed on the certificate.

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Adding Foreign Subjects may Own Resident Houses in Vietnam

 Adding Foreign Subjects may Own Resident Houses in Vietnam

Residents and investors alike have been paying close attention to The Draft Law on House (amended). One of the most significant changes is a provision about foreign companies and individuals to own their own houses in Vietnam.

In accordance with The Draft Law on House's Articles 161, 162, and 163, there are three scenarios in which foreigners may own Vietnamese residences:

-Foreign organizations, individuals contribute the build inhabitant houses as indicated by projects available to be purchased, rent, employ buy deal.

-Commercial properties in projects of resident house development, new urban areas, and tourism real estate may be purchased, donated, or inherited by foreign-owned enterprises, branches, representative offices of enterprises without a real estate business, foreign investment funds, and branches of foreign banks permitted to operate in Vietnam.

-Individuals from other countries who are permitted to enter Vietnam and do not enjoy diplomatic or consular immunity or incentive rights

However, subjects in Sections 2 and 3 are eligible to own houses for a maximum of 70 years from the date of issuance, subject to current laws. They are not permitted to acquire social housing; they are only permitted to acquire commercial houses. Additionally, they are eligible to acquire an unlimited number of commercial residences in tourism, new urban area, and commercial resident house development projects. Foreigners, in particular, are permitted entry into Vietnam and are permitted to purchase and own residential properties there.

When the amended Law on House is adopted, it is anticipated that real estate in Vietnam will make a big change significantly.

There are many situation that dispute could arise in a real estate transaction to own Resident Houses in Vietnam. It is important to engage law firm in Vietnam specializing in real estate transaction for buying  property in Vietnam to avoid potential disputes and protect their best interest for  safeguard investment for buyer. When encountering dispute, the buyer  need to engage real estate dispute lawyers in Vietnam to handle dispute resolution.

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How Can Foreigners Purchase Real Estate in Vietnam?

 How Can Foreigners Purchase Real Estate in Vietnam?

Regulations on foreigners owning real estate in Vietnam are regulated in Civil Code 2015, Law on Land 2013, Law on Housing 2014, Decree no. 99/2015/ND- CP on guidelines the Law on Housing and related documents.

For land, foreign individuals are not qualified to utilize land alloted or rented by the State, perceived land use freedoms, got move of land use privileges. However, a company with foreign capital may have received a land use right transfer, recognized land use rights, or land that has been allocated or leased by the State. Companies with foreign capital that are given land by the state in exchange for the payment of land use taxes in order to carry out investment projects related to the construction of houses that can be sold or leased out.

For housing, the following foreign individuals are eligible for homeownership in Vietnam: foreign companies that, in accordance with this Law and its regulations, invest in the construction of project-based housing in Vietnam; unfamiliar contributed ventures, branches, agent workplaces of unfamiliar endeavors, unfamiliar contributed assets and parts of unfamiliar banks working in Vietnam (hereinafter alluded to as unfamiliar association); people from other countries who are permitted to enter Vietnam.

Foreign companies can become homeowners in Vietnam if they invest in the construction of project-based housing in accordance with the provisions of this Law and the applicable legal regulations; or on the other hand purchase, lease and buy, get, or acquire business lodging remembering condos and separate houses for the task for lodging development, with the exception of regions under administration connecting with public guard and security as endorsed in guidelines of the Public authority.

The house cannot be purchased by a foreign company; it can only be sold or offered to another company that is eligible to own housing in Vietnam in the following situations: an unfamiliar association or individual gets a house as a legacy or a gift which is situated in a space in which unfamiliar substances should not claim houses, or the amount of which surpasses as far as possible; a foreign individual or organization that is not permitted to enter Vietnam receives a gift or inheritance in the form of a house in Vietnam.

For explicit circumstances, to stay away from future debate in house proprietorship emerged from the buy, rent of property, house, land from the state, engineer or other dealer, or lessor the client must check with property legal advisors for qualification, conditions and other significant issues.

How real estate dispute lawyers in Vietnam could help?

Our real estate dispute lawyers in Vietnam represent real estate buyers, investors, landlords and tenants in the negotiation, acquisition of residential apartments, houses, tenant leases of office, industrial, retail and other commercial space. When encountering dispute, the buyer need to engage real estate dispute lawyers to handle dispute resolution.

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Real estate dispute lawyers in Vietnam discuss land disputes

Real estate dispute lawyers in Vietnam discuss land disputes

In Vietnam, land disputes, real estate disputes, and property disputes are among the most complicated disputes that frequently arise in everyday life. Settling these sorts of debates could take time and the land question legal counselor in Vietnam could assist with distinguishing the underlying drivers and propose reasonable methodology for mollification and settlement.

Real estate dispute law firms in Vietnam discuss land disputes

What types of land disputes in Vietnam?

Land, real estate, and property disputes typically involve high stakes and a wide range of topics, including disputes over land use rights, ownership of property tied to land use rights, rights to land use rights derived from inheritance, property division disputes during divorce, disputes over transfer and transformation transactions, leasing, subleasing, and mortgages tied to property or land use rights.

What are land disputes in Vietnam?

A land use right dispute is a disagreement between two or more parties in a land use right relationship regarding the rights and responsibilities of land users.

What should the parties do to resolve a dispute over land? There are two ways in which a land dispute can be resolved: in court or through settlement procedures at state administrative agencies.

Firstly, for some sort of land questions, placation strategy at commune-level People’s Committee of the locality a where the contested land is found is obligatory condition and method.

Specifically, on the off chance that placation by parties can't be accomplished, the gatherings might send a request for pacification to he commune-level People’s Committee of the locality where the contested land is found.

When a petition for resolving a land dispute is received by the commune-level People's Committees, the conciliation process must be completed within 45 days. Only when all of the disputing parties are present can the conciliation take place. On the off chance that any of the questioning gatherings is missing for the subsequent time, the appeasement will be viewed as ineffective.

The following two cases will be used to settle the land dispute in the event that conciliation at a commune-level People's Committee fails:

-The land, first and foremost, debate in which the party has an endorsement or any of the papers recommended in Article 100 of Land regulation and the disagreement regarding resources connected to land will be settled by People’s Court.

Second, in the case of a land dispute in which neither party possesses the aforementioned documents, the parties have a choice between the following two approaches to settlement: recording a composed solicitation for question settlement with a competent People’s Committee or documenting a claim with a competent People’s Court in accordance with the law on civil procedures.

In the second case, the chairperson of the competent People’s Committee is in charge of resolving disputes between households, individuals, and communities when the party chooses to settle at a competent People's Committee. In accordance with the law governing administrative procedures, the parties can either file a claim with the chairperson of the provincial-level People's Committee or sue in a People's Court if they are dissatisfied with the settlement decision.

In the event that one party is an association, a strict establishment, an abroad Vietnamese or an unfamiliar contributed undertaking, the executive of the common level People’s Committee is liable for the settlement. In accordance with the law governing administrative procedures, the parties have the right to file a claim with the Minister of Natural Resources and Environment or a lawsuit with a People's Court if they are dissatisfied with the settlement decision.

It ought to be noticed that the lawfully compelling choice on question settlement should be completely maintained the gatherings. Assuming the gatherings neglect to go along, the choice will be authorized.

The following grounds shall be the basis for the settlement of land disputes in which the disputing parties do not possess a certificate or any of the documents required by the Land Law or the Decree detailing a number of articles of the Land Law:

-The disputing parties' evidence regarding the land's origin and use process;

-Actual land areas that are currently occupied by the parties in addition to the land area that is in dispute and the average land area that is shared by each household in the area;

-Conformity of the disputed land's current use status with land use plans that have been approved by competent state agencies;

-Particular treatment arrangements toward people with worthy administrations to the State; Land use rights recognition, lease, and allocation regulations.

How real estate dispute lawyers in Vietnam could help?

The people of Vietnam do not own  land. Land use rights can only be purchased and sold. As previously stated, the complexity of Vietnam's land law and related regulations, as well as the country's long-standing culture of land use, could complicate disputes involving real estate, land, and property.

A mandatory condition and procedure for some kinds of land disputes is that they must be resolved at the commune-level People's Committee of the locality where the disputed land is located. The parties to other kinds of property and real estate disputes could immediately file a claim with the court. It might be difficult to differentiate between dispute resolution methods. In order to avoid or resolve a dispute, it is recommended to consult a real estate dispute lawyer in Vietnam for early guidance and representation.

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How to get an apartment in Vietnam

How to get an apartment in Vietnam?

Vietnam's real estate market, including apartment, has stabilized following the most difficult period. However, it needs to make a lot of changes to the laws in order to meet the 90 million people's demand for housing. Real estate dispute lawyers in Vietnam will update the proposal of an expert in issue of definite ownership apartment.

As in many other nations, such as England, the right to own a home lasts 999 years, but in Vietnam, the government has only given out two types of land: permanent assignment and definite assignment.

When the first method was used, permanent land assignments were made to residential land, and almost all apartments that came with the term "permanent" were bought on the market.

In the second, lands were allotted, and investors continued developing the projects within 50 years. This kind of project existed in some apartment buildings in Ha Noi and Ho Chi Minh City. After that, the investors went through the steps to change the apartment's definite ownership to permanent ownership. Thusly, really, the cost of apartment will decrease if the form of definite ownership is applied.

Regulating the apartment's definite ownership for 50 to 70 years will benefit reconstruction and improvement in the event of depreciation or usage expiration.

It is important to engage reliable law firm in Vietnam specializing in real estate transaction for buying an apartment in Vietnam to avoid potential disputes and protect their best interest for seller and safeguard investment for buyer.

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Real Estate Legal Matters in Vietnam

Real Estate Legal Matters in Vietnam

In general, private ownership of land in Vietnam is prohibited because the land belongs to the people and is administered by the State of Vietnam. What then is available to purchase when it comes to real estate? What might the purchaser own? When someone wants to invest in real estate in Vietnam, they need to understand a specific definition, as the question would be posed to real estate dispute lawyers in Vietnam.

You may have the right to use land in Vietnam?

According to Vietnamese law, it is permissible to own a right to use land. The means by which foreigners and Vietnamese can lease land from the state are provided by this so-called Land Use Right (LUR) Certificate. The land users are able to safeguard their legitimate rights and interests thanks to this LUR Certificate. The transfer of the seller's rights to use the land and the rights to house ownership are both part of the real estate or house sale. The right to use land can be directly obtained in a variety of ways, including: the state's lease; sublease from a zone developer; transfer from another user of the land; transfer from the state. The legitimate reason for Land and House Law of Vietnam are specified in the Law on Lodging as well as in the Law Ashore. The freedoms and privileges of holders of house possession and the holders of the LUR Testament are gotten comfortable this regulation.

In the house ownership right certificate, the name of the person who owns the house must be written, and their rights include, for example, the right to possess; use; sell; lease; donate; exchange; loan or to allow others to remain briefly in the house. The person who holds the LUR and house possession endorsement is qualified for practice the full scope of freedoms over the land/house. The Certificate of Land Use Right and House Ownership Right (LURC) therefore combines land use rights and ownership of land assets.

Can foreigners buy houses in Vietnam?

However, due to the fact that Vietnamese, overseas Vietnamese, and foreigners do not all have the same rights, the individual or organization that wishes to do so determines the possibilities for acquiring land or houses. In Vietnam, acquiring land or a home was frequently quite challenging, particularly for foreigners. Before 2009, foreigners could only form a joint venture with a Vietnamese company and could not legally acquire property. Yet, the Goal No. 19/2008(ND-QH12) began allowing foreigners to own homes in Vietnam in January 2009, with the requirements that the foreigner 1) be employed by a company that is currently operating in Vietnam and 2) possess at least a temporary residence card in order to purchase and own an apartment unit in Vietnam. The Vietnamese Prime Minister is currently debating whether or not to extend this five-year piloting program, which will come to an end in 2014, in order to support the real estate market and make it more appealing to foreigners.

After the first five years, the government said it would review the pilot policy. The Ministry of Construction also said it would open up the possibility of letting foreigners buy houses regardless of whether they work and do business in Vietnam or want to buy real estate in Vietnam.

It is essential to remain current on all legal modifications and developments given that the real estate situation in Vietnam appears to be approaching a turning point. It is necessary to be aware of these legal circumstances in Vietnam because Vietnamese law has special provisions for every organization or individual who wishes to operate with land and real estates related to House Law.

How real estate dispute lawyers in Vietnam could help?

ANT lawyers are aware of the distinctions between Vietnamese and foreign house law provisions and can offer assistance in a variety of projects and matters involving land and houses, including land ownership and house purchase or sale. In addition to assisting clients with the necessary procedures with the Vietnamese authorities, our professionals are able to provide clients with guidance regarding the possibilities and risks associated with Vietnamese real estate and housing laws.

ANT Lawyers, as a reliable law firm in Vietnam always follow up real estate dispute cases and their development to update clients on regular basis.

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Trademark Infringement lawyers in Vietnam assist trademark infringement

Trademark Infringement lawyers in Vietnam assist trademark infringement

Self protection of trademark infringement in Vietnam 

Owners of trademarks may need a lot of time and effort to protect themselves from trademark infringement in Vietnam. It is recommended to talk with brand name encroachment attorneys in Vietnam for help in light of the fact that the comprehension of specialized matters, lawful grounds and business practice in Vietnam.

The trademark owner in Vietnam has the self-protection right to: (i) apply technological measures to prevent acts of trademark infringement in Vietnam; (ii) request the organization or individual who commits an act of trademark infringement to terminate such act, make a public apology or rectification, and compensate damages when detecting the act of trademark infringement; iii) Make a request to the appropriate authority to deal with trademark infringement in accordance with the laws.

To begin, the infringing party can inform the infringing party that the infringed trademark is protected and that the infringing party is not to infringe in order to implement technological measures to prevent acts of trademark infringement. This information can include information about the original of emergence, the trademark certificate, the protection and duration scope, as well as other information about the right of the trademark owner. In addition, the owner of the trademark that is being infringed upon may employ the technical means or measures to mark, identify, distinguish, and safeguard the trademark that is being infringed upon.

Besides, the proprietor could likewise demand association or person who commits a demonstration of brand name encroachment to end such demonstration, make a general acknowledgment or correction, and remunerate harms. In particular, trademark owners can send information about the origin of the infringement, a trademark certificate, the protection scope, the duration of the protection, and a reasonable time frame for the infringer to stop the act of infringement to the infringer, or they can authorize an IP attorney in Vietnam to send this information to the infringer.

Additionally, the content of the written request will vary based on the situation and degree of infringement. This could be referred to as a prior-should-use measure taken prior to implementing technological measures. Both parties will save time and money if the violating party cooperates and stops the infringement.

Thirdly, proprietor of brand name could demand the capable position to manage demonstrations of brand name encroachment as per the arrangements of regulations.

When the trademark owner sends the above-mentioned request to the infringing party and the infringing party refuses to cooperate and continues the infringement, the infringing party may send the following information to the competent authority: date that the request was made; the name and address of the violator or their representative; name of getting demand authority; the name and address of the party infringing; in the event of a request for a temporary cessation of customs clearance for exports or imports suspected of infringement, the name and address of the suspected violator; brief data of encroached brand name and encroachment; suggested ways to deal with infringement; documents and evidence that are included with the request

The petitioner may request administrative, civil, criminal, or customs measures from the appropriate authorities based on the seriousness of the violation. It should be noted that additional information on the mode of import or export, country of exportation, mode of packaging, the lawful importer or exporter, and features of lawfully imported or exported goods for distinction from infringing goods must be provided when a request for temporary cessation of customs clearance for imports or exports suspected of infringement is sent to the custom authority.

How trademark infringement lawyers in Vietnam could help with trademark infringement in Vietnam?

In general, it is crucial to safeguard intellectual property rights. In addition, working with an IP attorney in Vietnam will make the registration, management, and protection of intellectual property from infringement as well as the handling of disputes against IP violators in Vietnam through administrative measures, civil litigation, or even criminal prosecution, all more efficient.

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