I’ve recently taken on some responsibilities that consumed much of my time this last week, so rather than write a brand new blog post from whole cloth I’m going to cover a couple of our publications that hit the presses in the last couple of weeks. I’ll be back next week.
Incorporating LLCs in Vietnam
The first is a joint publication with the Warwick Law Network. The guide is all about how to incorporate limited liability companies in each jurisdiction in the guide. Many of the members participating in the guide hail from Europe, but we’re proud to contribute our humble efforts.
The Vietnam chapter covers not only the process for opening an LLC, which is governed by the Enterprise Law, but also the process for obtaining an Investment Registration Certificate, which is governed by the Investment Law. You could say, therefore, that the Vietnam chapter is less about just incorporating an LLC than incorporating an LLC for foreign investors.
Contributors to the Vietnam chapter include myself and our partner in charge of corporate matters including incorporation of LLCs in Vietnam, Pham Thi Thanh Lan. You can find the guide at the Warwick Law Network’s website here. There were 18 countries that contributed to the guide and Vietnam’s chapter is, as so often seems to be the case, last on the list. (Unfortunately, the Hung Vuong Kings chose a name that puts us at the end of the alphabet. If only they knew . . .)
IP Protections and Enforcements in Vietnam
The second publication of note came out last Friday and is self-published. It addresses one of the major obstacles to a successful entry to any new jurisdiction, the protection of intellectual property (IP). The patents, trademarks, and copyrights of individuals and companies that cross borders face new challenges and difficulties. To help relieve the stress of figuring out how to protect your IP in Vietnam, we’ve prepared a very comprehensive guide to the relevant laws.
Partner in charge of IP & Technology, Nguyen Thi Hong Anh, prepared the guide. It covers everything. From marks and industrial property rights to trade secrets and geographical indicators, if you have intellectual property to protect in Vietnam, then this guide is for you. There’s even a brief discussion of enforcement protocols, though that is not the emphasis of the guide.
You can access the press release and find the link for the IP Law Guide here. It really is quite comprehensive. I edited it and it stretches beyond thirty pages. Luckily, there’s a table of contents so you can skip around if you need to.
ASEAN-US Statement on ICT
And one quick update. This last week, ASEAN held its regular meeting and the president of the United States attended (something the last president neglected to do). During the meeting, on 26 October specifically, the USA and ASEAN issued a joint statement on digital development. (You can access it on the ASEAN site here.)
If you can make it past the preamble, it contains some lofty and important principles which, though unenforceable, are worthy of review. One in particular that seems salient is the use of technology and digital expansion to assist with the fight against climate change and for environmental protection. Another point worth noting is a lack of discussion of cryptocurrency, an absence that makes sense as ASEAN is heavily divided on its treatment of cryptocurrencies (as I’ve addressed numerous times before).
Until next week, when I’ll be returning to our regularly scheduled blog post. As always, if you’re in need of legal counsel please feel free to contact us either through the link on this site or at www.indochinecounsel.com.