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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How to Set up Business Venture in Vietnam?

How to Set up Business Venture in Vietnam?

To help foreigners start a business in Vietnam, we would like to introduce the service to assist in setting up business venture in Vietnam.

Foreign investors could make direct invest in Vietnam through setting up 100% (100 percent) capital of foreign investors, or setting up joint venture  between domestic and foreign investors or putting resources into the legally binding types of: BTO, BTO, BT, BCC, and BO.

Types of enterprise for foreign investors to invest in Vietnam are as following:

Limited Liability Company (LLC)

A limited-liability company  (LLC) may not issue securities to mobilize capital.

Joint Stock Company (JSC)

The main difference between Joint Stock Company (JSC) and Limited Liability Company (LLC) is the Joint Stock Company (JSC) 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 (JSC).  Management system of JSC is more complicated than LLC.

Partnership

Unlimited liability partners must be individuals who shall be liable for the obligations of the company to the extent of all of their assets.  Meanwhile, Limited liability partners shall only be liable for the debts of the company to the extent of the amount of capital they have contributed to the company.

Representative Office of Foreign Trader

Representative Office  is not permitted to straightforwardly lead benefit making exercises in Vietnam (i.e: the execution of agreements, deal or acquisition of products, or provision of services...

Branch of Foreign Trader

In accordance with the law of Vietnam and any international treaty that the Socialist Republic of Vietnam is a member of, the Branch of Foreign Trader is permitted to carry out activities such as the purchase and sale of goods and other commercial activities with its license for establishment.

Investing by Signing Contracts

BBC contract (Business co-operation contract) means the investment form signed between financial backers to co-work in business and to share benefits or products without creating a legal entity.

Fabricate work move contract (BOT) means the investment form signed by a competent State body and an investor in order to construct and operate commercially an infrastructure facility for a fixed duration; furthermore, upon expiry of the duration, the investor shall, without compensation, transfer such facility to the State of Vietnam.

BTO contract (Build-transfer-operate contract) means the investment form signed by a competent State body and an investor in order to construct an infrastructure facility; however, upon completion of construction, the investor shall transfer the facility to the State of Vietnam. Then the Government shall grant the investor the right to operate commercially such facility for a fixed duration in order to recover the invested capital and gain profits.

BT contract (Build-transfer contract) means the investment form signed by a competent State body and an investor in order to construct an infrastructure facility; and, upon completion of construction, the investor shall transfer the facility to the State of Vietnam. Then the Government shall create conditions for the investor to implement another project in order to recover the invested capital and gain profits or to make a payment to the investor in accordance following an agreement in the Build-transfer contract.

Foreign investors may sign BT contract, BTO contracts and BOT contract with a competent State body to implement infrastructure construction projects in Vietnam. Especially, The contracts are for projects in the fields of electricity production, drainage, transportation, water supply, and waste treatment...

At ANT Lawyers - a law firm in Vietnam, Our English speaking lawyers help clients overcome cultural barriers and achieve their strategic and financial outcomes, and regulatory compliance while doing business in Vietnam. 

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Company formation in Vietnam- How to proceed?

Company Formation in Vietnam?

Foreign investors may put resources into the type of 100 % funding to set up company  in Vietnam, being joint stock company, limited liability company, partnership company. In recent years, the openness policy of the Vietnamese government has made company formation in Vietnam easier.

To receive investment registration certificates, first-time foreign investors in Vietnam must have investment projects and complete investment registration or examination procedures at state investment agencies.

Business registration certificates shall concurrently be investment certificates. Company with 100% foreign capital has established and operated from the date of issuance of the business registration certificates

Vietnam company formation dossiers

-Registration/Request for issuance of Investment Certificate;

-A report on financial capability of the investor;

-Draft of the company’s charter;

-List of members of company;

-Copy of the people’s identity card, passport or other lawful personal certification, for individual members;

-Copy of the business registration certificate or establishment decision, or other equivalent document, for member organizations;

-Copies of the people’s identity card, passport, the authorization document, or other lawful personal certification, for authorized representatives.

-Within three months of the date of submission of the business registration dossier, copies of the foreign member organizations' business registration certificates must be authenticated by the organizations' registered agencies;

-Written authorization of the investor in case investor is organization and valid copy of  the legitimate individual affirmation of the approved delegate. Documents in foreign languages must be converted into Vietnamese, authenticated and legalized;

-The Business Cooperation Contract (BCC) or the joint-venture contract

-Other documents required by Vietnam law

Vietnam company formation would take anywhere from 30 days. If the investment area is conditional or the State government must examine the investment project, additional time may be required.

Special licenses, minimum capital or other conditions might be required in certain investment projects.

How a law firm in Vietnam would help with company formation in Vietnam?

While the process of company formation in Vietnam is straight forward more often than not, there are numerous circumstances which it would be better that the client draws in a law firm in Vietnam to help with record planning, legitimate interpretation, legally approbation, and verification of utilization dossiers. 

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Tips for Foreigners to Follow When Setting up Company in Vietnam

Tips for Foreigners to Follow When Setting up Company  in Vietnam

For an outsider to a nation like Vietnam which open doors profit for business, it is endeavoring to make a business to work and grab the opportunity. After settling in, the entrepreneur might wonder, "How difficult it is to set up company in Vietnam or how challenging the business environment is for operating and doing business in Vietnam when dealing with administrative procedures from registering investment, setting up the company, complying with periodic reporting and tax declarations?" If you are reading this and feel like this, you are not alone. After the first eagerness feeling of potential business to generate, the entrepreneur might wonder "How difficult it is to set up company in Vietnam."

As a spot with an ideal topographical position and copious work assets, and developing shopper market, Vietnam is progressively growing unequivocally, turning into a nation drawing in worldwide speculation among Southeast Asia nations. Foreign investors must conduct research on Vietnam's policies, investment incentives, legal requirements, and the process and procedures for establishing a business in order to carry out effective investment activities. If international investors are considering investing in Vietnam, this will provide some quick advice on the fundamental factors they should take into account.

A person with far off ethnicity or an association laid out under unfamiliar regulation could enlist speculation and direct business exercises in Vietnam. Unfamiliar financial backers are allowed to take part in any legitimate business, nonetheless, there are a few explicit enterprises that financial backers should meet the expected circumstances to have the option to enroll speculation. There are a few areas in Vietnam where foreign investors cannot do business due to national security concerns or the state's monopoly.

An investor who wants to start a business in Vietnam must get a certificate of investment registration from an authorization agency, according to Vietnam law. The Investment Registration Certificate (IRC) will typically be issued within 15 days of receiving a valid dossier for an investment project. However, it is essential to allocate sufficient time for the preparation of the necessary documents, such as the application, financial report, bank balance, and personal documents. Before being submitted, many of these documents require apostille, also known as notarization, legalization, and translation into Vietnamese.  

Vietnam regulation doesn't need a base money to set up a business, with the exception of restrictive venture or business lines. In any case, financial backers are obliged to contribute capital as per the timetable expressed in the IRC and that the public authority has the privilege to demand the financial backer to make sense of the marketable strategy agreeable to them in view of the proposed speculation capital. On the off chance that the financial backer can't contribute sufficient capital as per the serious time limit, the equipped authority might apply sanctions, including denial of the IRC or the financial backer needs to change the IRC to mirror the real commitment of venture. After receiving the IRC, the investor must then submit a request for an Enterprise Registration Certificate (IRC), which must be obtained within five days of the date of submission of a valid dossier in order for the business establishment to complete its establishment.

Now that the company has established itself in Vietnam, it can officially sign a lease agreement, hire staff, and engage in business transactions to purchase or sell goods or services. The documents must be signed and sealed to be legally binding. The next issue is how to obtain a seal. When an organization was managed by the Public Security authority, it was more difficult to have a seal created for it after it was established. Legislators and business experts have been discussing the possibility of completely removing the seal from legal documents in Vietnam because the signature of the legal representative is the most crucial element. Throughout the time, the once severe regulation overseeing the seal issuance has been relax. However, in Vietnam, the seal is still very important because it shows the official notice, such as the decision by the business's legal representative to end a labor contract, along with the signature of the representative. or an unmistakable endorsement of a company's participation in a transaction to hire a factory construction company. The investor has the right to use multiple seals, subject to the terms of the company charter. The venture should send a notification to the business enlistment office where its administrative center is situated for distribution on the Public Business Enrollment Entryway prior to utilizing, modifying, obliterating, or changing the quantity of seals. The seal can be utilized beginning the day the warning system has been done and the seal test has been transferred on the Public Business Enlistment Entrance for confirmation reason.

In most jurisdictions, with the exception of tax haven nations, the investor is required to pay close attention to their tax obligations during the business's initial operation. However, Vietnam is not included on the exemption list. Every business is required to provide a tax declaration. Consistently, the business should pay various duties and expenses, for example, permit charges (in light of enlisted sanction capital); Corporate Personal Duty (CIT) when the organization creates gain; declare and pay Value Added Tax (VAT) on behalf of an individual on goods or services sold. declare and pay Personal Income Tax (PIT), or, in some instances, export and import tax, and land tax.

The investment project reporting regime must also be fully adhered to by foreign investors in accordance with the law. These reports will be issued on a regular basis (monthly, quarterly, or annually) regarding topics such as: compliance with tax payment obligations and periodic reporting to ensure timely implementation as prescribed will help the company avoid unnecessary risks such as administrative sanctions, business suspension, and penalties that could impact the business. implemented investment capital, business investment results, information on labor, employed foreign workers, and reports on environmental protection.

ANT Lawyers, the leading law firm in Vietnam, provides nationwide comprehensive legal services. The firm is made up of lawyers and attorneys who specialize in a variety of areas, such as investment law, labor law, corporate law, and other areas, and it provides clients with legal advice and representation. In addition to providing services that are professional and ethical, the company is committed to providing each client with the best possible solutions. ANT Lawyers Law Firm is a trusted partner for individuals and businesses in Vietnam. 

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How to start a business in Vietnam as a foreign investor?

 How to start a business in Vietnam as a foreign investor?

Vietnam is one of the fastest-growing economies in Southeast Asia, with a young and dynamic population, a favorable business environment, and a strategic location. Additionally, Vietnam's government has been increasingly enacting more preferential policies to facilitate foreign investors' entry into the country to do business in Vietnam. If you are interested in starting a business in Vietnam, here are some steps you need to follow:

Step 1: Choose a business entity type

There are different types of business entities in Vietnam, such as limited liability company joint-stock company partnership, branch office, representative office, etc. Each type has its own advantages and disadvantages, depending on your business goals, capital, and legal requirements. You should consult a local law firm in Vietnam to help you decide which entity type suits your needs best.

Step 2: Register your business in Vietnam

After chosing your business entity type, you need to register your business with the relevant authorities in Vietnam. This involves submitting various documents, such as: business name, address, charter capital, shareholders, directors, tax code, etc. Depending on the type and scope of your business, you may also need to obtain additional licenses or permits from other agencies, such as the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Planning and Investment, etc.

Step 3: Open a bank account in Vietnam

You need to open company’s bank account after registering your business. You will need to provide your business registration certificate, tax code certificate, and other documents to the bank. You can choose from various local or foreign banks operating in Vietnam, depending on your preferences and needs.

Step 4: Hire staff and set up your office in Vietnam

The next step is to hire staff and set up your office in Vietnam. You will need to comply with the labor laws and regulations in Vietnam, such as: minimum wage, social insurance, health insurance, working hours, etc. You will also need to find a suitable location for your office and equip it with the necessary facilities and equipment.

Step 5: Start your operations and marketing

You will need to develop a business plan and strategy that suits the local market and culture in Vietnam. You will also need to build relationships with customers, suppliers, partners, and authorities in Vietnam. You can use various channels and methods to promote your products or services, such as: social media,online platforms, events, etc.

Starting a business in Vietnam can be challenging but rewarding. By following these steps and seeking professional advice from the law firm in Vietnam when needed, you can successfully establish and grow your business in Vietnam.

ANT Lawyers is the reliable law firm in Vietnam that will always contact the authorities to obtain legal updates on issues pertaining to do business in Vietnam.

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Signing Deposit Contract in Sales and Purchase of Property

 Signing Deposit Contract in Sales and Purchase of Property

Because of the significant potential profits it could bring from the real estate transaction business, investing in real estate in Vietnam attracts a lot of attention from individuals and organizations. How real estate dispute lawyers in Vietnam could help and make the transaction more secured?

High profits often come with high risks

However, there is a saying that never goes wrong: Many investors would need to be aware that high profits frequently come with high risks. When it comes to real estate transactions, investors and buyers have lost a lot of money and lost valuable time as a result of long-term disputes and a lack of comprehension of the law's provisions and legal issues. Negligently signing contracts and agreements can increase disputes between buyers and sellers, but this risk can be mitigated with the assistance of dispute lawyers in Vietnam.

Advice from real estate dispute lawyers in Vietnam: sign deposit  when buying or selling property

A deposit is a guarantee for the sellers and buyers that the property sales and purchase transaction will be carried out according to the terms of the agreement before buying and selling a house.

In order to guarantee that the official real estate purchase and sale contract will be carried out in a reliable manner in the future, the seller and the buyer will sign a deposit contract at that time. In order to guarantee that the seller will not sell the property to another third party, the buyer (the deposit party) must use this form to make a cash deposit to the seller (the deposit recipient). At the end of the deposit period, the parties will sign a real estate purchase and sale contract.

Matters to concern when signing the contract that need the help from conveyance lawyers in Vietnam

When making a deposit transaction with the seller, it is necessary to take into consideration the following issues in order to minimize risks and maximize buyer interest protection:

Firstly

It is necessary to identify the individual or co-owner of the real estate. In order to avoid the possibility of the deposit contract being void, the owner of the real estate must be a person who has full civil act capacity when conducting transactions.

Secondly

The buyer must check the land's legal papers to make sure it can be transferred legally. These conditions are as follows: i) Possessing the certificate of right to use the land; ( ii) There are no disputes on the land; iii) the land use rights are not restricted in order to enforce a judgment; ( iv) falling under the category of land use.

To check and ensure that the land is fully eligible for the transfer of land use rights, the buyer should specifically request that the seller provide the original or a certified true copy of the certificate of land use rights, ownership of houses, and other assets attached to the land, as well as some pertinent information confirmed by a competent state agency.

In fact, even though the buyer has been given the aforementioned documents to check, there is still a chance that the seller will commit fraud in order to take the buyer's property if they knowingly provide fake documents. These are cases that have criminal characteristics and are frequently the result of organized, fraudulent organizations attempting to acquire substantial property values from a large number of people.

The buyer can determine the amount of the deposit based on the level of risk they are willing to take in the event that information about the land has not been verified by the appropriate authority by reviewing the land's legal documents. Naturally, this amount is subject to negotiation with the seller and must be agreed upon by both parties.

Thirdly

The deposit contract contains a number of specifics that the parties must keep in mind. Terms of the deposit penalty, the parties' rights and responsibilities, and the amount to be paid for notarizing the sales and purchase contract are all agreed upon by the parties.

At the point when the gatherings sign this agreement (in the severe legitimate term, it is an agreement for the exchange of land use privileges, responsibility for, and different resources connected to the land), they should bear expenses recommended by regulation, including legally approbation charge, enrollment expense, individual personal duty, other state charges caused during the time spent moving the name of the declaration of land utilize right, possession own homes and different resources joined to the land.

Consequently, the parties should specify, in accordance with the agreement, which party will bear these fees in the deposit contract. A fee for notarizing this contract will be incurred if the parties agree that the deposit contract must be notarized. Based on the deposit contract's value, this fee is listed in each notary office's notarization fee schedule. The deposit contract also specifies that the term of the deposit must be within a time frame that is appropriate to the actual circumstance. This guarantees that when the deposit period ends, the parties will sign a contract for the sale and purchase of the house.

Fourthly

The deposit contract is written according to the parties' agreement in terms of form. When buying or selling a house in Vietnam, the current law does not require the deposit contract to be notarized and authenticated. However, if the house has a high value, the parties may want to consider notarizing the deposit contract at the notary office where the land is located in accordance with legal requirements to ensure its legality and to avoid future conflicts and dangers.

To ensure efficiency when signing documents related to property transactions, buyers and sellers can seek legal advice from experts and real estate dispute lawyers in Vietnam for specific details.

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Vietnam is an attractive destination for startups

 According to Bloomberg, Vietnam is an attractive destination for startups in 2023

The international press reported that Vietnam's economy has been struggling domestically and internationally in 2023. However, there are still encouraging signs regarding the economy's potential for growth. In the meantime, Vietnam is also focusing on long-term economic growth to encourage startups to start businesses, invest, and do business in Vietnam.

As the boom period of reopening following COVID-19 comes to an end in 2023, the economy is returning to a long-term growth trajectory. Vietnam wants to spend 7% of GDP on infrastructure this year to support economic growth and ensure that FDI will continue to flow into the country for years to come.

In the future, Vietnam's economy is being strengthened by foreign direct investment. Vietnam is an ideal location for tourists and foreign investors to set up company in Vietnam due to its favorable business climate, stable political environment, sustainable macroeconomic development, abundant labor force, and low cost.

According to experts, the situation is very bad all over the world, but Vietnam has been recovering and getting back on track with its development. There will still be obstacles, such as the possibility of a recession and global protectionism, which reduces export demand. However, there will still be many advantages, and foreign investment, investment in human resources, and infrastructure, will drive growth in a variety of ways. In addition, the recovery of consumer and business confidence is expanding rapidly. Domestic demand has returned to normal.

According to Bloomberg, Vietnam is a desirable location for startups due to its abundance of skilled engineers, low labor costs, and rapidly expanding economy. By 2030, Vietnam wants to make Ho Chi Minh City a "magnet" for technology investments and a digital economy.

Vietnam is now a major hub for manufacturing and a crucial link in the global supply chain. As a result, increasing automation is crucial for economies and businesses. One of the primary drivers is the rapid improvement in labor productivity and digitization of the value chain. Vietnam's economy has great potential for rapid growth and digital transformation across all sectors.

Concerning the factors that ensure Vietnam's growth, there is a consensus. These elements incorporate speeding up primary and institutional changes, profoundly taking part in new-age economic alliances, improving unfamiliar speculation fascination, speeding up computerized financial change, and profound mixing into the worldwide store network.

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