HIGH-TECH CRIME IN VIETNAM

The Vietnam Public Security have arrested a number of foreigners using of fake ATM cards to withdraw money in Vietnam in both Hanoi and Ho Chi Minh City.

Through the Vietnam Foreign Affairs Department, the Public Security will inform the respective foreign Consulate in Vietnam and the family of the foreigners commited crime to invite lawyers in Vietnam to cooperate during the investigation, prosecution and trial process in Vietnam.

It has been reported recently that some criminal organizations abroad have selected Vietnam as a place to perform illegal acts.  The act of using internet network and high- tech system to steal money in credit cards, in ATM machines to spend in Vietnam or convert them into foreign currency to bring abroad are getting more common.  Unauthorized intrusion into the database of key economic sectors such as postal , telecommunications, banking, and websites to steal information, domain name, credit card to make online purchase or usage of fake ATM cards to withdraw cash from ATM machines in Vietnam are violation of Vietnam Criminal Code.

Currently, under the provisions of the Vietnam Criminal Code, Article 224, 225 and 226 are governing the violations in the field of high-tech crime. Article 224 governs the acts to create and spread virus information; Article 225 governs the breach of operation, and usage of electronic computers; and Article 226 governs the unauthorized usage of information online and in computers. As the high-tech crime has no borders and gets more sophisticated, the Vietnam law experts are calling for a stricter sanctions to deter and prevent it from spreading.

However the Vietnam law experts have also admitted that the current Vietnam Penal Code also have limitations due to the high-tech’s complexity in nature resulting in difficulties for Vietnam Procedure Conducting Agencies at Public Security’s Investigation Agency, Public Prosecutor, and High Court of Vietnam.

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BIRTH REGISTRATION WITH FOREIGN ELEMENT

From January 1st 2016, the Law on Civil Status of 2014 went into effect, replacing other documents on the registration and management of civil status. Accordingly, the law has clearly defined the authority for registration and management of civil status of the Commune People’s Committee and the District People’s Committee. Commune People’s Committee in charge of the registration and management of civic status that do not have foreign element. The remaining case that have foreign element will be under the jurisdiction of registration and management of the District People’s Committee.

For the case of children born in the territory of Vietnam, whose father is foreigner and mother is Vietnamese, but the parent does not have legal marriage (in other words: illegitimate children), the competent for birth registration belongs to the District People’s Committee where the father or mother reside.

In terms of the birth registration procedure, the Law on Civil Status provides only the procedure in case that the parents of the birth registration children have legal marriage.

The remaining case that parents of the birth registration children do not have legal then according to the provisions of the Law on Civil Status, if the father wants his name to be included in the birth certificate of the children, he have to register through adoption procedure. Accordingly, the father requesting for children adoption have to submit the declaration, documents to prove paternity, copy of passport or valid documents that can replace passport to prove his identity to the District People’s Committee where the father of the children reside.

Within 15 days of receiving valid dossier, the civil status authority will carry out the verification, listed the recognition of father and children at the headquarters of the District People’s Committee within 07 consecutive days. At the same time, the Commune People’s Committee where the child resides will list within 07 consecutive days at the headquarters of the Commune People’s Committee.

After the listing has been expired, the Justice Department proposed Chairman of the District People’s Committee to decide on the recognition of the father and son. Once registering for the recognition of the father and children, Chairman of the District People’s Committee provide excerpts for the parties.

The registration procedure for recognition of father and children must be done simultaneously or be conducted prior to birth registration of the children.

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ENTERPRISE ESTABLISHMENT SERVICE IN VIETNAM

ANT Lawyers provides enterprise establishment consulting service for domestic and foreign customers as the following services:

• To consult to establish Joint Stock Company;
• To consult to establish One member Limited liability company;
• To consult to establish Limited liability Company with Two or more members;
• To consult to establish Partnership company;
• To consult to establish Private enterprises;
• To consult to establish Sole trader;
• To consult to establish foreign invested company;
• To consult to establish the parent company, corporations.

Customers procedures established in the ANT Lawyers will enjoy some preferential services such as:

1. Contents of enterprise establishment consulting service:

• To consult legal regulation related to the establishment, operation and management of enterprises;
• To consult to set up personnel structure of the company;
• To consult to select types of enterprises;
• To consult to choose the name of company (lookup and select the appropriate name as the request of customers);
• To consult about the head office of the enterprise;
• To consult on capital, legal capital, investment capital;
• To consult on business lines (lines requires legal capital , professional certification or other conditions);
• To draft legal dossiers for setting up the company  (Request for business registration, charter, founders list and other documents as prescribed by law);
• To consult for business on tax issues, financial obligations after the enterprise have been established and the process of production and business activities;

2. Our tasks in the enterprise establishment services:

ANTLawyers will on behalf of clients to perform the following tasks:

• Drafting and preparation the enterprise establishment dossier as regulations;
• To apply the dossier for business and tax codes registration in the Department of Planning and Investment;
• To monitor progress and inform regularly results to clients;
• To obtain the Investment Certificate from the DPI;
• Filing and registration the seal for Company at the Police Department;
• To obtain the seal and the certificate of the seal for the Company at the Police Department;
• To guide the customers to follow procedures in the relevant state authority (as needed);

3. Documents required to provide by clients:

• Information requested form of business;
• A copy of ID / passport of members / founding shareholder who is individual (notarized) ;
• A copy of business registration / establishment decisions of members / founding shareholders who is organization.

4. Client’s benefits after establishment:

• To be consulted and offered free the activating annual  tax dossier, records and procedures for billing the enterprise;
• To consult the necessary tasks  of the new enterprise;
• To consult human resources management  , provide free labor contracts and the forms of management personnel;
• To consult the procedures for salary scale registration, the social insurance registration of company;
• To consult on tax matters, tax refund, tax credit;

Please contact us for free advice and use the best service.

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HOW TO BUY APARTMENT IN VIETNAM

Real estate in Vietnam has passed the most difficult period and stabilized. But to satisfy the house demand of 90 million people, it’s need to have many changes in laws. ANT Lawyers will update the proposal of an expert in issue of definite ownership apartment.

As many other countries such as in England, the term to own an apartment of 999 years, but in Vietnam, only land has been assigned by the Government in 2 forms: permanent assignment and definite assignment.

In first method, permanent land assignment fell into residential land, and almost apartments were purchased in market with the “permanent” term.

In the second, lands were assigned within 50 years, the investors continued developing the projects. Some apartment projects in Ho Chi Minh city and Ha Noi belonged to this type. After the investors conducted procedures to transfer definite ownership apartment to permanent ownership apartment. Therefore, actually, the price of apartment will decrease if the form of definite ownership is applied.
Regulating the definite ownership of 50 -70 years for apartment will take advantages in reconstruction and improvement in case of degrading, usage expiry.

For more information or requirements on house laws, please contact ANT Lawyers.

ANT Lawyers, your lawyers in Vietnam.

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