ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Ba, 31 tháng 1, 2023

Reliable Vietnam Law Firm

Vietnam's ANT Lawyers is a law firm with locations in Ho Chi Minh City and Hanoi. We are a law firm in Vietnam that is a member of Prae Legal, a global network of law firms that spans 150 countries and five continents. Through this network, we have established relationships with lawyers from all over the world. Because of this collaboration, ANT Lawyers are able to handle international cases involving foreigners.

As a reputable English-speaking law firm in Vietnam, ANT Lawyers focuses on offering potential solutions that best satisfy the requirements of business and legal clients. We assist customers in achieving their objectives while safeguarding their interests, reducing risks, and adhering to the law.

The law firm provides a comprehensive range of contentious and non-contentious legal expertise to corporate and individual clients from all sectors. We are able to provide advice on a wide range of topics, from precedent-setting to strictly procedural, thanks to our experienced staff and highly professional personnel.

Our ability to combine commercial and legal perspectives is a recurring theme throughout everything we do as a law firm. As a result, our clients can rest assured that, regardless of the case or transaction, our lawyers at the law firm in Vietnam have the expertise to provide commercially relevant legal advice and service.

Tell us how we can be of service and one of our team members will contact you.

Email: ant@antlawyers.vn  - Tel: +84 28 730 86 529

Thứ Hai, 16 tháng 1, 2023

Set up Joint Stock Company in Vietnam

Set up Joint Stock Company in Vietnam

Joint Stock Company is an enterprise which has charter capital divided into equal portions called shares. The minimum number of shareholders shall be three and there shall be no restriction on the maximum number.


Shareholders shall be liable for the debts and other property obligations of the enterprise only within the amount of capital contributed to the enterprise.

Joint Stock Companies may issue all types of securities to raise funds. Founding shareholders must together register to subscribe at least twenty per cent (20%) of the number of ordinary shares which may be offered for sale.

The main difference between Joint Stock Company and Limited Liability Company is the Joint Stock Company can raise funds by offering shares or securities.  In addition, an enterprise tends to join the Stock exchanges or public company must be a Joint Stock Company. Management system of Joint Stock Company is more complicated than Liability Company.

ANT Lawyers, a law firm in Vietnam could offer service to set up joint stock company in Vietnam. We assist clients needing legal service in obtaining investment certificate, business registration certificate, or other  licensing procedures.

Thứ Năm, 12 tháng 1, 2023

Vietnam attends APEC Ministers Responsible for Trade Conference

Vietnam attends APEC Ministers Responsible for Trade Conference

The 27th APEC Ministers Responsible for Trade (MRT) took place online on June 5, 2021 with the participation of 21 APEC member economies and observers including the Association of Southeast Asian Nations (ASEAN), the Asia-Pacific Economic Cooperation Council (PECC) and the Pacific Islands Forum (PIF). Measures to open market will be discussed to facilitate trade and investment, including the smooth policy from Vietnam to support to establish company in Vietnam.


In 2020, due to the impact of the Covid-19 pandemic, the global economy shrank 3.3%. However, because of strong efforts in the introduction of vaccine production and vaccination, financial support programs in some countries, as well as more effective disease containment measures in many countries, this year’s global economy is forecasted to achieve marked improvements compared to 2020. According to a report by the International Monetary Fund (IMF) published in April 2021, the global economy is forecast to reach 6% in 2021 and 4.4% in 2022.

At this meeting, APEC Ministers focused on discussing trade policies to respond to the COVID-19 pandemic. Measures taken include ensuring open markets, promoting the smooth flow of trade in essential goods and services, and facilitating safe and effective vaccine supply chains.

Another important content of the 27th MRT Conference is to support the multilateral trading system, including the progress of implementing reforms of the World Trade Organization (WTO) and updating the progress of negotiations in many fields, such as fisheries subsidies, special and differential treatment, industrial subsidies, market access, agriculture, etc. The APEC Ministers expressed their hope that reform and progress in WTO negotiations will bring positive results, contributing to strengthening the role of the multilateral trading system as well as global and regional economic integration.

At the Conference, the Vietnamese representative also affirmed that Vietnam would actively participate in negotiations and discussions to resolve current issues in the WTO to contribute to the success of the 12th WTO Ministerial Conference. In addition, Vietnam also supports initiatives to promote the movement of goods and services in the region, both to help prevent the epidemic and to develop the economy.

Through the meeting, the participants hoped that in the coming time, in parallel with fighting the epidemic, the parties would also take measures to promote trade and investment to achieve the goal of economic development in the world. Vietnam commits to support the global trade and policy to smooth investment into Vietnam through setting up company in Vietnam.

ANT Lawyers, a law firm in Vietnam could offer service to set up company in Vietnam. We assist clients needing legal service in obtaining investment certificate, business registration certificate, or other  licensing procedures.

Source: ANT Lawyers.vn

 

Thứ Tư, 11 tháng 1, 2023

How US Authorities Could Request for Help on Taking the Evidence in Vietnam for Civil or Commercial Matters?

How US Authorities Could Request for Help on Taking the Evidence in Vietnam for Civil or Commercial Matters?

The Evidence Collection Convention is a multilateral Hague Conference convention that was signed on March 18, 1970 and went into effect on October 7, 1972. The objective of the Convention is to facilitate the collection of evidence and to harmonize the methods of evidence collection between States.

Evidence Law in Vietnam

On May 3, 2020, Vietnam became a party to the Convention on the Collection of Evidence Abroad. After becoming a member of this Convention, Vietnam only applies and accepts requests for evidence collection by a written request as described in Chapter I of this Convention. As a result, Vietnam does not use the process of gathering evidence carried out by a diplomatic officer, consular officer, or authorized person in Chapter II of the Convention.

Procedures for collecting evidence between the United States and Vietnam under the Hague Convention

Both Vietnam and the United States are parties to the Convention on Collection of Evidence. However, since Vietnam only participates in collecting evidence in writing, the United States has to collect evidence in Vietnam via this method.

Step 1: The U.S. Agency sends a written request to collect evidence to the Ministry of Justice of Vietnam

In the settling a case involving a civil or commercial field, the party can request the Court to assist in collecting evidence in Vietnam. The US judicial agency will issue a written request for evidence collection to the competent Vietnamese agency (specifically, the Ministry of Justice). This document must ensure that follow the contents of Article 3 of the Convention, and must be written in Vietnamese or accompanied by a Vietnamese translation and delivered via postal service.

Step 2: A written request for evidence collection is received by Vietnam’s Ministry of Justice

The Ministry of Justice of Vietnam will receive the request for evidence and decide whether or not to comply with the request for evidence collection. In the event of a refusal, the Ministry of Justice of Vietnam must clearly state the reasons specified in Article 12 of this Convention. For example, the request is not within the scope of the Convention in the civil and commercial fields, or the implementation of which may be detrimental to the sovereignty and security of that country, etc.

Step 3: The Ministry of Justice requests competent agencies to collect evidence

After having sufficient grounds to handle the request of the U.S. Agency, the Department of Justice will send a written acceptance of the request to collect evidence to the United States and forward it to the competent domestic agency for collection evidence process. The Vietnam agency will notify the U.S. Agency of the time, place, and procedures to collect evidence to be followed so that relevant parties and their representatives can be present.

When making the written request, a judicial officer from a U.S. agency may be present, and this presence has to be approved by the Vietnam Agency. Further, according to Article 11 of this Convention, the person being asked to provide evidence has the right to refuse to comply with the request for evidence collection if required by Vietnam law or  in the written request for evidence collection state that they can refuse to provide evidence expressly stated.

Step 4: The Ministry of Justice of Vietnam sends a written response on the results of evidence collection to the U.S. Agency

After receiving the results of evidence collection from other agencies, the Ministry of Justice sends a written response to the results of evidence collection to the U.S. Agency to compete the process.

To comply with the process and ensure the evidence could be properly collected for usage in trial, it is important to consult with dispute lawyers in Vietnam for legal advice.

ANT Lawyers, as a law firm in Vietnam, will always follows up the evidence in Vietnam for civil or commercial matters to update clients on regular basis.

 

Thứ Ba, 10 tháng 1, 2023

How Guardianship of Minors is Regulated in Vietnam Laws?

How Guardianship of Minors is Regulated in Vietnam Laws?

Guardianship under Vietnam laws aims to protect the legitimate rights and interests of groups that are not yet fully developed physically or mentally. There are two forms of guardianship prescribed by law: natural guardians and guardians appointed by a competent state agency, in which natural guardians can only be individuals. This type of guardianship is defined by the provisions of the guardian, the ward, and the rights and obligations of the guardian towards the ward and their property. There are potential disputes in finance or caring responsibility among people having responsibility of guardship therefore it is important to understand the order of natural guardians when life event happens that trigger the need for guardianship. Hence, having the advice form civil or marriage and family dispute lawyers in Vietnam with understanding of the matters is very important.


Minors (a person under 18 years old) who have lost their parents are one of the subjects of guardianship under Vietnamese law. They are considered vulnerable in the society and need to be cared for and protected. Therefore, to avoid the case that these people have no guardians when their parents suddenly die, civil law has provided a provision to determine the order of natural guardians based on their blood relationship as follows: (i) the eldest brother or sister shall be the guardian of the ward; if the eldest brother or sister fails to satisfy all requirements for acting as a guardian, the next eldest brother or sister shall be the guardian, unless otherwise agreed that another biological brother or sister shall be the guardian; (ii) the paternal grandfather, grandmother or the maternal grandfather, grandmother shall be the guardian or these persons agree to appoint one or several of them as guardians; (iii) a biological uncle or aunt of the ward shall be the guardian.

Thus, in the same order as above, the natural guardian of a minor will always be specifically identified and this person must ensure that the guardian’s conditions are fully met, including:  having full legal capacity; having good ethics, and necessary means to exercise rights and fulfill obligations of a guardian; not being a person facing criminal prosecution or a person who has been convicted but his/her criminal record has been not expunged for a deliberate crime of violation of life, health, honor, dignity or property of another person; and not being a person having parental rights to minor child restricted by a Court.

In case a minor does not have a natural guardian, the commune-level People’s Committee of the place where they reside shall have to appoint a guardian. In addition, if there is a dispute between the natural guardians about the guardian or a dispute over the appointment of the guardian, the Court will appoint the guardian. 

Accordingly, when a minor loses their parents, according to the law, their biological brother or sister will be their natural guardian. However, if this person does not have a biological brother or sister, the paternal grandparents and maternal grandparents will be the natural guardians of this person, and both of them have equal rights in guardianship for their grandchildren minors under the provisions of the Civil Code the Law on Marriage and Family as follows: “Paternal grandparents and  maternal grandparents have the right and obligation to look after, care for and educate their grandchildren, lead an exemplary life and set a good example for grandchildren; in case a minor grandchild or an adult grandchild loses his/her civil act capacity or is unable to work and has no property to support himself or herself without a caregiver as prescribed in Article 105 of this Law, paternal grandparents, and maternal grandparents have the duty to raise their grandchildren.”

The law always respects the voluntary agreement of the involved parties in determining guardianship for minors who have lost their parents. Paternal grandparents and maternal grandparents may agree to appoint one or several of them as guardians for their minor grandchildren according to regulations. In case the two parties cannot agree on a guardian for the grandchild, this is another type of marriage and family dispute. Therefore, pursuant to the Civil Procedure Code, one of the parties can make an application to the competent district court to request the court to settle the case according to civil procedure. The court will base on the facts of the case, the conditions of the guardianship of the parties, the emotional relationship between the guardian and the ward, and the capability to ensure the best physical and mental development to decide to assign the child to whom to act as guardian. In addition, if the ward is six years old or older, the Court will have to consider their wishes during the dispute resolution process to make a decision to appoint the most suitable guardian.

In summary, Vietnam law has clear and specific provisions to determine natural guardians for minors who have lost their parents. In addition, the law also stipulates that the determination of guardians may involve the intervention of a competent state agency, namely the People’s Committee, and the Court in the event of a dispute between guardians to appoint a guardian equitably. All these regulations ensure that minors are cared for and nurtured in the best conditions for future development.

ANT Lawyers, a law firm in Vietnam will always follow up with authorities for legal update on matters relevant to marriage and family to update clients on regular basis.

 

Thứ Hai, 9 tháng 1, 2023

What Decree 53/2022/ND-CP Detailing a Number of Articles of the Law on Cybersecurity 2018 Cover?

What Decree 53/2022/ND-CP Detailing a Number of Articles of the Law on Cybersecurity 2018 Cover?

Cybersecurity is one of the important issues for every country in the increasingly strong development of the internet. Although this development brings great benefits in many areas of life, it is accompanied by challenges to national security such as cybercriminals that appropriate and steal data of the user; taking advantage of the internet to spread false information against the state. Therefore, the promulgation of policies and laws on cybersecurity as a basis for management and optimal measures in order to protect national cybersecurity, eliminating illegal acts in cyberspace is extremely necessary. On August 15th, 2022, the Government issued Decree 53/2022/ND-CP detailing a number of articles of the Law on Cybersecurity 2018. The Decree will take effect from October 1st, 2022 with the following:

Cybersecurity Lawyers in Vietnam

Measures to protect network security: Request the removal of illegal or false information in cyberspace that infringes upon national security, social order and safety, and legitimate rights and benefits of agencies, organizations, and individuals

Requesting the removal of illegal or false information in cyberspace is one of the cybersecurity protection measures specified in the 2018 Law on Cybersecurity. Accordingly, Decree 53/2022/ND-CP has detailed regulations, listing specific cases where this measure can be applied as follows:

-When information in cyberspace is identified by competent agencies to have contents that infringe upon national security, disseminate information that sabotages the Socialist Republic of Vietnam, incite riots, and disrupt public security and order according to regulations of the law;

-When there are legal bases to determine that information in cyberspace has humiliating and slanderous contents; infringes upon the order of the economic management; fabricates and falsifies information, causing confusion among the people and severe damage to socio-economic activities to the extent that such information must be removed;

-When other information in cyberspace has contents including: Distortion of history, denial of revolutionary achievements, undermining national solidarity, blasphemy, discrimination by gender or race; Prostitution, vice, human trafficking; posting pornographic or criminal information; damaging Vietnam’s good traditions, social ethics or public health; Enticing, persuading or tempting others to commits crimes.

The information listed in the above cases are all illegal and false information, and the person who uses cyberspace to spread the above negative information is an act of violation strictly prohibited under the 2018 Cybersecurity Law. Once the above information is widely spread and publicized online, it will adversely affect the security, social order and safety of the country. Therefore, the regulation to apply the measure to request the deletion of the above information is practical for the above cases. The Director of the Department of Cyber​​Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam and Directors of competent agencies of the Ministry of Information and Communications are the ones who have the authority to decide on the application of measures to remove these information.

Measures to collect data related to acts of infringing upon national security, social order and safety, and legitimate rights and benefits of agencies, organizations, and individuals in cyberspace

The collection of data (data is information in the form of symbols, letters, numbers, images, sounds or equivalences) related to activities infringing upon national security, social order and safety, legitimate rights and interests of agencies, organizations and individuals in cyberspace shall comply with the provisions of law, and at the same time ensure the following requirements:

-Maintenance of the status of digital devices and data;

-The copying and recording of data shall be done according to correct procedures via recognized devices and software that are verifiable and can protect the integrity of data stored in such devices;

-The process of restoring data or search data shall be recorded via minutes, images, and videos. The process may be repeated if it is necessary for presentation at a court;

-Data collectors shall be specialized officials assigned to collect data.

The principles of copying and restoring data related to acts of infringing upon national security, social order and safety, and legitimate rights and benefits of organizations, organizations, and individuals in cyberspace shall follow: If the data is considered necessary to be copied or restored or there is a request to copy and restore the data for the purpose of proving the commission of a crime, the assigned person shall be authorized to copy and restore such data and acquire a decision on approval of competent authority according to regulations of the law. In addition, to make a record for the copying and recovery activities of the electronic evidence, the case may be invited to an independent third party, witness and certification of this process.

The Director of the Department of Cyber Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam shall decide to take this measure.

Internal computer networks have the storage and transmission of state secrets must be completely separated from the network of computers and devices and electronic devices connected to the internet

The decree clearly specifies that state agencies and the political organization at central and local levels must develop regulations on the use, management and security of internal computer networks and computer networks connected to the Internet. agencies or organizations they manage. This is an activity to protect network security in state agencies, central and local political organizations.

Regulations on the use and assurance of computer network security by state agencies and political organizations at central and local levels must include the following basic contents: Identify major information and information network systems to be prioritized for cybersecurity assurance. Elaborate on prohibitions and principles of management and use and ensure cybersecurity and internal computer networks that store or transmit state confidentiality shall have a complete physical separation from computer networks, devices, and electronic means with Internet connection, other cases shall ensure compliance with regulations of laws on state confidentiality protection. Have procedures for professional and technical management in operating, using, and ensuring cybersecurity of data and technical infrastructure. Such procedures shall satisfy basic requirements for information system safety assurance. Ensure the personnel conditions for network management and operation and security of cyber information security, information safety and handling of violations of regulations on assurance of network security.

Thus, to ensure confidentiality of the internal data of the state agency, the internal computer network shall have the state secrets which are required to separate completely from the computer network or the equipment and electronic devices connected to the internet. This is the regulation for managing agencies to control, minimize the risk of internal data that is spread out into the electronic environment, causing serious impact on national security issues.

Will  data must be stored in Vietnam ?

The decree has stipulated a separate chapter to clarify the storage of data and set the branch or representative office of foreign enterprises in Vietnam.

The following data must be stored in Vietnam:

-Data on personal information of service users in Vietnam;

-Data created by service users in Vietnam: account names, service use time, information on credit cards, emails, IP addresses of the last login or logout session, and registered phone numbers in association with accounts or data;

-Data on relationships of service users in Vietnam: friends and groups such users have connected or interacted with.

Domestic enterprises and foreign enterprises are the subjects that must store the above data. In particular, it only applies to foreign enterprises doing business in Vietnam in one of the following fields:

Telecommunication services in Vietnam;

-Storage and sharing of data in cyberspace;

-Provision of national or international domain names for service users in Vietnam;

-E-commerce; Online payment in Vietnam;

-Payment intermediaries; Services of connection and transportation in cyberspace in Vietnam;

-Social media and social communication in Vietnam;

-Online video games in Vietnam;

Services of provision, management, or operation other information in cyberspace in forms of messages, calls, video calls, emails, online chatting in Vietnam.

However, not at all foreign enterprises is required to store data according to regulations. Decree 53/2022/ND-CP also sets conditions for the storage of data in Vietnam, specifically as follows: services provided by such foreign enterprises are used for violations of laws on cybersecurity, notified and requested for cooperation, prevention, investigation, and handling in writing by the Department of Cyber Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam but they fail to comply or incompletely comply with such documents or prevent, obstruct, disable, or nullify the effect of cybersecurity protection measures performed by cybersecurity protection forces;

In case of an exception to the conditions for force majeure circumstances, the foreign enterprise cannot comply with the requirements of the law on cyber security, the foreign enterprise shall notify the Cybersecurity Department and high-tech crime prevention and control under the Ministry of Public Security within 03 working days for inspection of the verification of such force majeure. In this case, the enterprise will have 30 days to adopt remedial methods.

For the form of data storage, Decree 53/2022/ND-CP does not provide any specific requirements, but allows businesses to decide for themselves how to store their data in Vietnam, whether domestic or foreign enterprises.

For the time duration for data storage: for domestic enterprises, it automatically stores data; for foreign enterprises starting when the enterprise receives the request to store data from the Minister of Public Security until the end of the request; Minimum storage period is 24 months.

The Decree stipulates more specifically and strictly on the order and procedures for applying measures to ensure network security as well as the rights and obligations of state agencies in data security, building a network security system management system to ensure internal network security at the agency. Companies operating in the internet business should take into consideration of the new regulations and ensure compliance. It is important to engage cybersecurity lawyers in Vietnam for legal advice and update.

 

Thứ Sáu, 6 tháng 1, 2023

What Are New Points of the Law on Intellectual Property 2022

The 2005 Law on Intellectual Property (IP) was amended and supplemented twice, in 2009 and 2019, to make it more practical and to address new concerns in the area of intellectual property as they arise. However, given the rapid development and international integration of this field, the requirement for updating this law continues to be raised so that domestic law is consistent with international law. The National Assembly, therefore, promulgated the Law amending and supplementing several sections of the IP Law (referred to as the Law on Amendments and Supplements) on June 16, 2022, which will officially take effect on January 01, 2023. The new law modifies more than 100 articles of the IP Law and focuses on 7 major policy groups.

What Are New Points of the Law Amending and Supplementing The Law on Intellectual Property?

First, the IP Law updates, corrects and perfects the interpretation of terms so that they are coherent and consistent. Any statute will contain provisions defining the technical terms of the area covered. However, in the process of linking terms and regulations, inconsistencies or misunderstandings still occur, hence amendments and supplements are necessary. Specifically, some concepts in Article 4 of the IP Law such as: derivative works; published work, audio and visual fixation; reproduction; broadcasting; industrial design; integrated trademarks; well known mark; geographical indication are explained and clarified. The terms can be seen as the basis for defining and applying legal provisions related to the claims arising around it, such as copyright for derivative works or industrial property rights for geographical indications. The terms under the Law on Amendments and Supplements are not completely renewed but simply inherited and perfected from the old law, then it is reasonably possible to adapt and apply.

Second, the Law on Amendments and Supplements provides more specific provisions on copyright and related rights in Vietnam; extending the term of protection; at the same time, there is a change in the assignment or transfer of these rights. In addition to works that are protected for the life of an author, cinematographic, photographic, theatrical, and applied art works, anonymous works published for the first time, have their protection term extended from 50 years to 75 years. It can be remarked that copyright protection in Vietnam is becoming more and more important and stricter. The biggest change is that the Law on Amendments and Supplements allows the author to transfer one more moral right. Pursuant to Article 41 of the 2005 IP Law amended and supplemented in 2009 and 2019, the author may only transfer some or all of the property rights and the only moral right which is to publish the work. Until the Law on Amendments and Supplements in 2022, Article 19 allows “authors have the right to transfer the right to use the right to give titles to their works”. Besides, the previous provision in Article 47: ” Authors shall not be permitted to license the moral rights stipulated in article 19 of this Law, except for the right of publication…” is amended to “ Authors shall not be permitted to license the moral rights according to clause 2 and 4, Article 19 of this Law…”. This change means that the author is allowed to transfer two moral rights: the right to publish the work and the right to give title the work. From there, the owner who are transferred these rights can completely name or change the name, which absolutely does not affect the legitimate rights of the author.

Third, the Law on Amendments and Supplements in 2022 clarifies acts of infringing upon copyright and related rights. Article 28 stipulates the act of copyright infringement in Vietnam initially has 16 clauses, then it is condensed and concise into 8 clauses but still full and covers the content. For example, Clause 1 “appropriating copyright in literary, artistic or scientific works”, Clause 2 “impersonating an author”, Clause 3 “Publishing and distributing works without the author’s permission”, … are all included in Clauses 1 and 2 of the new law as “infringement on the moral rights and property rights of the author”. In addition, the clauses of Article 35 on related rights infringement are supplemented and explained. Both Article 28 and Article 35 add Clause 11 on the act of “failure to perform or incomplete implementation of regulations to be exempted from liability of the intermediary service provider”. Technological technology and the Internet have developed strongly, leading to the formation of intermediary service providers. The regulations about “enterprise providing intermediary services” have first appeared in the IP Law, demonstrating the development and completion of the law in order to promptly adjust new problems. For exceptions that do not infringe copyright, according to the Law on Amendments and Supplements, when using a published work, one does not have to ask for permission or pay royalties, but he/she must provide information about the author’s name and the source and origin of the work. This change is to ensure copyright for that work, to avoid misunderstanding that the user is the author of the work.

Fourth, the procedure for registration of copyright, related rights and industrial property rights in Vietnam have become simpler and more streamlined. If the unmodified Law only stipulates that the application is filed directly or through a legal IP representative in Vietnam, the application for establishment of rights can be filed in the form of a written document in paper form (submitted in person) or electronically under the online application system after the law is amended. The new regulation represents an update in line with the development of the information technology level of the digital age. This creates favorable conditions for subjects to easily submit registration IP applications in Vietnam, especially those with geographical distances without authorizing other organizations and individuals to apply. At the same time, it also helps reduce the resources required to receive applications directly.

Fifth, the use of the National Flag, National Emblem and National Anthem is regulated for the first time in the Intellectual Property Law. Specifically, “Organizations and individuals exercising intellectual property rights related to the National Flag, National Emblem and National Anthem of the Socialist Republic of Vietnam must not prevent or obstruct the dissemination and use of the National flag, National Emblem, National Anthem” (added to Article 7.2). Thus, the dissemination and use of the National Flag, National Emblem, and National Anthem is allowed without being prevented or obstructed by any organization or individual if the purpose of such use does not violate the law and not against social morality.

In conclusion, the Law amending and supplementing the IP Law 2005 has updated more than 100 provisions to be consistent with the country’s socio-economic, scientific and technological development orientations and international treaties to which Vietnam is a member. For the Law to amend and supplement to achieve good results when it comes to implementation, competent state agencies should soon issue detailed guiding regulations, focus on organizing the implementation of the Law and ensuring the following regulations. the provisions of the Law come to life. The success of the Amended Law of Intellectual Property Law in Vietnam will make an important contribution to the sustainable development of the field of intellectual property rights in Vietnam.