What are the main rules of thumb about fair use on the web?

The number one piece of advice: Assume it’s protected.

I'll give you other tips below for you:

Just because its online, doesn't mean that it’s public property. So many people have this false sense of entitlement to anything they see posted on social media "especially pictures".

Copyright in Vietnam

If someone complains, just remove the content for the time being. No, you don’t have to sell your soul to every troll on the Internet who demands that you remove content from your site, but you should take it down long enough to research to make sure they don’t have a legitimate legal complaint.

Remember that always, always, always ask first. If you see awesome photographs you want to post on your blog and website or other social network, just ask first. Sometimes people are totally fine with exposure as long as they are properly credited.

Copyright is a murky area and you don’t want to get caught up in an unnecessary legal battle over a picture or two. So save yourself some trouble and just take some of the precautions.

If you’d like some more help with understanding copyright laws, we can connect you with a skilled copyright attorney in Vietnam that can answer your questions and potentially help you avoid a costly mistake.

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NOIP Starts to Accept Direct Filing at Office Post Covid-19’s Hold Off

Recently, National office of Intellectual Property in Vietnam (NOIP) has made a new notification on accepting the direct filing the industrial property application at head office of NOIP and its representative offices in Da Nang and Ho Chi Minh city.

Based on the current situation of Covid 19, on April 23^rd 2020, NOIP issued the Notification No. 5469/TB-SHTT. Accordingly, from April 24^th 2020, NOIP would receive the industrial property applications directly at head office (386 Nguyen Trai, Thanh Xuan, Hanoi) and its representative offices at Ho Chi Minh and Da Nang city, besides the online application and submissions via courier.

NOIP requests applicants to comply with the Covid-19 epidemic prevention and control measures (measure body temperature, wear a mask, keep an appropriate contact distance, do not gather crowded, do not go entering unrelated places within NOIP’s area, etc.) when filing an application for industrial property objects registration at the Head Office and Representative Offices.

If you’d like some more help with understanding IP laws, we can connect you with a skilled IP attorney in Vietnam that can answer you questions and potentially help you avoid a costly mistake.

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What do you need to register a trademark?

What material is required to register a trademark?

The two main things you need to register for a trademark are money and a little homework. The homework comes into play when selecting your mark. You need to first conduct a trademark search to assure it’s available for use. After doing the search, you need to ensure that you have a mark that can be protected in the first place. Not all marks are may be protected, for whatever reason, whether another owner has a legal claim to it or because it is too weak, or anything in between. In your application make sure to include (as per the USPTO website):'

Trademark protection in Vietnam

-A completed application form submitted in hard copy or electronically as noted above.

-The appropriate fee.

-A drawing of the mark to be registered - this is true even if the mark is just an unstylized word.

-Specimens of use of the mark if the application is based on actual use in commerce.

Although it’s not required, it’s highly recommend hiring an IP attorney to guide you through this process. There are many requirements, strict deadlines, and non-refundable filing fees, all in a system that is not forgiving in case you mess up. An attorney will do the research to make sure the mark isn't already taken, ensure the filing gets accepted by the USPTO, and provide sound legal advice throughout the whole process.

Source: Raad Ahmed

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How are intellectual property rights (IPR) infringed?

Regarding intellectual property law, is copyright infringement theft?

A person’s or company’s \intellectual property rights are infringed when someone else uses their intellectual property in ways that only the intellectual property owner has the right to do.

Here is how the four types of intellectual property can be infringed:

-Copyright is infringed when someone copies, records, publishes, distributes, publicly displays or performs, or makes derivative works of someone else’s creative work without permission.

-Trademark rights are infringed when someone uses a competitor’s trademark (or a confusingly similar one) to brand their own product or service.

-Patent rights are infringed when someone makes, uses, or sells, without permission, an invention for which someone else hold’s the patent.

-Trade secrets are infringed when someone publicly reveals a company’s confidential information.

Depending on each jurisdiction’s laws, there may be certain factors considered or exceptions made when determining whether or not intellectual property rights have actually been infringed.

Source: David Mullich

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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How can I check if a quote is trademarked or copyrighted?

How do you determine if a short phrase is trademarked or copyrighted?

You will want to conduct an extensive search. Sure, there are free and “easy to use” options, but keep in mind, IP searches are not as easy as you think. Phrases or quotes aren’t as common under copyright protection, but as other answers have indicated, it does happen. Most of your concern will center on your ability to coin the phrase so that you can sell products or services.

Register trademark in Vietnam

It’s a good idea to do a preliminary search, but before you use the phrase to make money then you need to be POSITIVE that it doesn’t belong to anybody else. Your best bet is to hire an IP attorney to help you double check through extensive researches. These guys are professionals when it comes to researching and reviewing trademarks and copyrights.

If you are interested in finding an IP attorney in Vietnam, let ANT Lawyers help. We can connect you with a skilled lawyer that is much more affordable than a traditional law firm attorney. Check us out and please get in touch if you’d like more assistance. Best of luck!

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Investor State Dispute Settlement between Foreign Investor and Host State under CPTPP Agreement and EVIPA Agreement

New-generation FTAs not only limit the field of goods and services but also expand regulation of scope of invesment. The majority of these FTAs include liberalization principles of investment and protection of investor through regulation on dispute settlement mechanism between investor and state (ISDS). The two agreements that have recently been paid attention to are the Comprehensive and Progressive Agreementfor Trans-Pacific Partnership (CPTPP) with Chapter 9 of Investment taking effect from January 14th, 2019 in Vietnam and EU – Vietnam Investment Protection Agreement (EVIPA) (from EU-Vietnam Free Trade Agreement – EVFTA) whose all member states are going to ratify before taking effect.

Firstly, in regard to transparency rule of the dispute settlement, both of CPTPP and EVIPA have provision improving the transparency of the proceedings. Accordingly, all documents (submitted by parties, decision of arbitral tribunal) except for protected information shall be made available to the public. Hearings shall be conducted open to the public for relevant parties to attend. EVIPA has applied the UNCITRAL Transparency Rules while CPTPP does not apply this Rules but only some regulation specified in Article 9.24 (Article 9.24 of CPTPP and Article 3.46 of EVIPA).

Secondly, EVIPA has established a permanent tribunal being different with the ad-hoc tribunal in CPTPP. In EVIPA, investment tribunal system includes two tribunals: Tribunal and Appeal Tribunal. This is the first time there is permanent tribunal in a Investment Protection Agreement of Vietnam.

Thirdly, award of tribunal. In EVIPA, final award shall be obeyed by the parties without appeal, review, set aside, annulment or any other remedy. Vietnam is extended for a period of 5 years following the date of entry into force of this Agreement, or a longer period determined by the Committee. In that time, if Vietnam is the respondent, recognition and enforcement of a final award shall be conducted pursuant to the New York Convention of 1958 (Article 3.57). When 5-year period is expired, recognition and enforcement shall be conducted pursuant to ICSID Convention (without domestic procedures of recognition and enforcement). Diplomatic protection shall not be applied unless one party has failed to abide by and comply with the award (Article 3.58). Meanwhile, according to Article 9.29, CPTPP still allow revision or annulment of award. CPTPP has more enforcement mechanism than EVIPA, including ICSID Convention (without domestic procedures of recognition and enforcement), the New York Convention or the Inter-American Convention (with domestic procedures of recognition and enforcement).

Finally, both EVIPA and CPTPP improve the independence, impartiality and quality of arbitrators or members of the tribunal while issuing a code of conduct them. In EVIPA, this code of conduct is specified in Annex 11, while in CPTPP, this code is not specified but shall be provided later by contracting parties on the basis of Code of Conduct for Dispute Settlement Proceedings under Chapter 28 (Dispute Settlement) (Paragraph 6, Article 9.22 of CPTPP).

At ANT Lawyers - Law firm in Vietnam, our trial lawyers with accreditation in national and international arbitration practice could help providing legal advice in disputed matters, and guide the clients through out the process.  The lawyers could also advise the clients on various matters from choice of arbitrator, choice of arbitration rules, ad-hoc or institutional arbitration, place of arbitration, enforcement of arbitral award.

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How to Temporary Suspension Customs Clearance Procedures for Goods Subject to Intellectual Property Rights Protection?

The import and export of counterfeit goods or goods that violate intellectual property rights have been causing huge loss to the intellectual property rights owner.  The government’s process to control such will help utilize the resources in the society and encourage the innovative companies to invest in products in quality, designs, build trademarks… and ensure their intellectual property rights are protected and they could benefit from such. When the owner of property rights scans the market and find the violation of intellectual property rights, they could appoint intellectual property attorney to work with authorities and have proper legal solutions, including requesting the customs authority to suspend the customs clearance.

Customs dispute law firm in Vietnam

As part of the international integration process into world trade, Vietnam has gradually issued legal instruments to strengthen tools for managing the potential violations especially in intellectual property areas.

On March 6, 2020, the Ministry of Finance issued Circular no. 13/2020/TT-BTC on amending and supplementing a number of articles of Circular no. 13/2015/TT-BTC dated January 30, 2015 providing for inspect, supervise and temporarily suspend customs procedures for exports and imports subject to intellectual property protection; controlling counterfeit goods and goods infringing intellectual propertyrights.

Under point b, clause 1, Article 1 of Circular no. 13/2020/NTT-BTC, customs control of counterfeit goods and goods infringing intellectual property rights means the application of professional customs control measures or/and other professional measures implemented by customs authority according to the provisions of law to prevent and combat smuggling and illegal transportation of goods being counterfeit goods and goods infringing intellectual property rights in the geographical areas of customs operation. Compared with the provisions of Circular no. 13/2015/TT-BTC, the scope of customs control for counterfeit goods and goods infringing intellectual property rights is expanded, not only borders, non-tariff areas.

The Ministry of Finance supplements cases of refusal to receive applications for inspection and supervision of export and import goods that require protection of intellectual property rights of organizations or individuals, specifically: may refuse to accept applications if additional submissions are within 10 working days from the date of the notice of additional submission.

Besides, amending and supplementing regulations on handling of goods showing signs of intellectual property rights infringement. Within 03 working days after receiving the notice of goods showing signs of infringement of intellectual property rights of the customs office, if the intellectual property right holder or the lawfully authorized person does not have the request for suspension of customs procedures is completed, the customs authority will continue to carry out the customs procedures. In case the intellectual property right owner or the lawfully authorized person does not have a written request for temporary suspension of customs procedures but pays a sum of money or guarantee documents as prescribed or have a written request for temporary suspension of customs procedures but do not pay a sum of money or guarantee documents as prescribed, the Sub-department of Customs where customs procedures are carried out does not suspend customs procedures for goods, unless it is detected counterfeit goods on intellectual property. In contrast, if the intellectual property rights owner of goods requests the suspension of customs procedures, the Sub-department of Customs where the customs procedures are carried out shall issue a decision on suspension of customs procedures. In cases where there are sufficient grounds to identify goods infringing upon intellectual property rights, the Director of the Customs Sub-Department shall consider deciding to immediately apply handling measures prescribed in Articles 214 and 215 of the Law on Intellectual Property 2005, at the same time, coordinate with control forces at all levels to collect information, investigate and verify goods to handle according to regulations. The time limit for suspension of customs procedures is 10 working days from the date the customs authority issues a decision to suspend customs procedures. In addition, different from the previous regulations, the person who requests for temporary suspension of customs procedures may extend the time limit (if there is a plausible reason) if paying additional money or guarantee documents, the extended time limit; the extended period shall not exceed 10 working days from the expiry of the suspension period as prescribed in clause 8, Article 1 of Circular no. 05/2020/TT-BTC.

Regulations on suspension of customs procedures for detecting signs of infringement of intellectual property rights are provisions to protect goods that have been registered for intellectual property rights. Intellectual property is the most valuable type of intangible asset to every enterprise. When an enterprise has trademarks, inventions, industrial designs… applied to products that are registered for intellectual property rights, these intellectual property objects will become the property of the enterprise, and giving the company a lot of advantages on monopoly rights and protection policies and such should be protected properly with the help of intellectual property lawyers.

This Circular is effective from April 20, 2020. Organizations and individuals exporting or importing goods; Organizations and individuals that are owners of intellectual property rights, owners of genuine goods which are counterfeited or lawful representatives of owners need to follow and comply with the provisions of law to know and protect their rights.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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What Procedures an Enterprise Complies on Publishing Business Information?

Provisions on announcing of business information are stipulated in the Law on Enterprise and other decrees which company has to comply as part of compliance procedures.

After being granted an enterprise registration certificate, under the Enterprise Law, an enterprise must publicly announce it on the National Business Registration Portal according to the order, procedures and pay fees as required. The application for publication of enterprise registration information is a compulsory procedure, made at the time an enterprise submits its enterprise registration dossier. Information about publication of enterprise registration information is posted on the National Business Registration Portal. The content to be published includes the contents on the enterprise registration certificate and the lines of business. In addition, for joint stock companies with foreign investors, a list of founding shareholders and foreign investors is required. In case of changes in enterprise registration contents, the corresponding changes must be publicly announced on the National Business Registration Portal.

Provisions on form, time and content of announcement are different from those in the Law on Enterprise, specifically, within a period of thirty days from the date of being granted an enterprise registration certificate, an enterprise must publish information in one of the forms posted on the business information network of the business registration agency or one of the written or electronic newspapers in three consecutive issues. The main content to be published includes: Company’s name; Address of the head office of the enterprise, branch or representative office; Lines of business; Charter capital of limited liability company and partnership company; number of shares and value of contributed capital and number of shares to be issued with joint stock company; initial investment capital for private enterprises; legal capital for enterprises conducting lines of business requiring legal capital; Full name, address, nationality, ID card number, passport or other legal personal identification number, establishment decision number or business registration code of the owner, member or shareholder foundation; Full name, permanent address, nationality, ID card number, passport number or other legal personal identification of the legal representative of the enterprise; Place of business registration.

For publication fees, according to the provisions of Circular no. 47/2019/TT-BTC stipulating the rates, collection, payment, management and use of information provision charges of enterprise information that takes effect from the date of On September 20, 2019, the enterprise registration fee and the enterprise registration content announcement fee are VND 100,000/time, instead of the VND 300,000/time as stipulated in Circular no. 215/2016/TT-BTC regulating the rates, collection, remittance, management and use of charges for provision of enterprise information and enterprise registration fees.

In addition, there are some enterprises that do not need to publish their business information on the National Business Registration Portal before going into operation, but make other forms of announcement. For example, for a law-practicing organization, within thirty days after being granted operation registration papers, law-practicing organizations must publish on daily newspapers of central or local registry of law practice or newspaper for three consecutive issues. For credit institutions, foreign bank branches, representative offices of foreign credit institutions and other foreign institutions engaged in banking activities, they must be published on the State Bank’s media, and in a daily newspaper written in 03 consecutive issues or an electronic newspaper of Vietnam at least thirty days prior to the scheduled date of operation of opening information as prescribed in Article 25 of the Law on Credit Institutions 2010.

In addition to disclosing corporate information, there is also a procedure for disclosure of information on the stock market that is applicable to public companies and bond issuers (except for government bond issuers and bonds), government-guaranteed bonds and local government bonds), securities companies, fund management companies, branches of foreign fund management companies in Vietnam, public funds. These companies and organizations must comply with the law on securities in the Securities Law announcing on the company’s website and information disclosure system of the State Securities Commission.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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What Are Advantages Resolving Disputes by Commercial Arbitration?

Commercial arbitration is a method of settling disputes selected by the parties and conducted in accordance with law. Compared with other method of dispute resolution such as mediation, negotiation, court litigation, dispute resolution by commercial arbitration also has advantages and disadvantages.

In accordance with Vietnamese law and international law, the method of dispute resolution by commercial arbitration also stems from the agreement of the parties on a voluntary basis. However, the difference between these methods is that the settlement of disputes through arbitration will be governed by the Commercial Arbitration Law. The parties are allowed to agree on appropriate arbitration selection, either before or after the dispute arises.

The practice of applying commercial arbitration law in resolving disputes presents some advantages:

Firstly, this is a method of resolving disputes on the principle of confidientiality if the parties do not agree otherwise. This is an advantage that all claimants respect because it limits the disclosure of business secrets, and keeps the credibility of the parties.

Secondly, the decision of the arbitrator is final, binding on the parties and the right to appeal in this case is invalid. The trial at Commercial Arbitration takes place only at one trial level, which the trial at the Court is at two levels. Therefore, it creates a premise for the following advantages.

Thirdly, the settlement of disputes arising through commercial arbitration shows flexibility while shortening the proceedings thereby contributing to saving time and effort of the parties.

Fourthly, the settlement of disputes by arbitration is not territorially limited so the parties may agree to choose any arbitrator to resolve their disputes.

However, the competing parties also need to pay attention that the choice of arbitration method also reveals some disadvantages such as: The enforcement of arbitral awards depends heavily on the willingness of the parties to the dispute. If the party who is serving the judgment does not voluntarily follow the arbitral awards and does not request to cancel the arbitral award after the expiration of the time limit for enforcing the arbitral award, the judgment-executing party may send a written request to the civil judgment enforcement agency for judgment execution.

In addition, one of the disputing parties may submit a request to the Court to cancel the arbitration award when encountering one of these following conditions: (i) There is no arbitration agreement or the arbitration agreement is invalid; (ii) The arbitration council’s composition or procedures of arbitral proceedings does not comply with the parties’ agreement or regulations; (iii) The dispute falls beyond the arbitration council’s jurisdiction: when an arbitral award contains the details falling beyond the arbitration council’s jurisdiction, such details shall be cancelled; (iv) The evidence provided by the parties on which the arbitration council bases to issue the award is counterfeit: an arbitrator receives money, assets or other material benefits from one disputing party, thus affecting the objectivity and impartiality of the award; (v) The award contravenes the fundamental principles of Vietnamese law.

Finally, when the parties choose to resolve their disputes by arbitration method, the costs are relatively higher than in the proceeding of court litigation.

At ANT Lawyers - a law firm in Vietnam our trial lawyers with accreditation in national and international arbitration practice could help providing legal advice in disputed matters, and guide the clients through out the process.  The lawyers could also advise the clients on various matters from choice of arbitrator, choice of arbitration rules, ad-hoc or institutional arbitration, place of arbitration, enforcement of arbitral award.

Employees as well as the labor collective and employers should pay attention to selecting the most appropriate and optimal resolution solution when labor disputes occur.  It is also suggested to consult with labour lawyers of law firm speacializing in employment matters for efficiency.

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Can Employer Terminate the Labor Contract with Employee Due To Covid 19 Outbreak?

Due to intricate occurrence of Covid 19, many enterprises are forced themselves to reduce the number of employees for maintaining the operation financially. Specifically, the employer has to make difficult decision to terminate the labor contract with the employee. The termination of the labour contract has to be considered carefully because of potential legal risks brought up which dispute lawyers in labour should be consulted before execution.  Within this post, we are not trying to resolve all cases but only aiming to brief some matters of concern for preparation.

The employer could refer to the regulation in the Labor Code which allows “an employer may unilaterally terminate a labor contract if as a result of natural disaster, fire or another force majeure event as prescribed by law, the employer, though having applied every remedial measure, has to scale down production and cut jobs. Force majeure in this case is understood as (i) Enemy-inflicates destruction, epidemics (ii) Relocation or narrowing of the production and business sites, at the request of competent State agencies.

In particular, after applying corrective measures, over the time, considering enterprise’s financial potential is insufficient as well as the business production is reduced significantly due to epidemic, the employer may consider unilaterally terminate labor contract with employee. However, employer still have to abide by or ensure the rights to employee regarding the interests which employee is entitle to receive when being unilaterally terminated labor contract includes salary, severance allowance, social insurance, payment for untaken leave days, the tax payment which employer must paid for employee. Besides, employer also is subject to pay a compensation if consented by both sides are employer and employee.

Firstly, employer is obliged to pay salary to employee timely and fully as in the agreed labor contract by both parties;

Secondly, employer is responsible for paying the severance allowance to employee whom has worked regularly for full 12 months or longer at the rate of half of a month’s wage for each working year.

Thirdly, social insurance, employer is responsible for the fulfill payment of social insurance and perform the closing insurance book for employee after terminate the labor contract according to the law of social insurance.

Fourthly, if the income of employee subject to personal income tax, employer must extract from the income of employee to submit the tax to tax agency according to law on personal income tax.

If the client needs any other information or requires for further advice, our lawyers at ANT Lawyers in Vietnam will be available for service.

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Several Noted Points on Law Competition of 2018

On Jun 12th,2018, The National Assembly promulgated Competition Law which will take effectfrom July 1st, 2019 and replace the Competition Law 2004. According to Article 3.9, violation of regulations on economic concentration is one of three signs of violation of competition law.

                            

Firstly, economic concentration includes the following forms: (1) Merger of enterprises; (2) Consolidation of enterprises; (3) Acquisition of enterprises; (4) Joint venture between/among enterprises; (5) Other forms of economic concentration under regulation of the laws (Article 29). Subject carrying out activities of economic concentration is enterprises and the purpose of economic concentration is to gain control the objective enterprises and to govern the market to a certain extent.

Secondly, economic concentration shall be prohibited if it makes or potentially makes significant competition-restraining impact on the Vietnamese market. Specifically, the National Competition Commission shall assess the impact or ability making significant competition-restraining impact of economic concentration based on the following factors: (1) Combined market share of enterprises engaging in the economic concentration on the relevant market; (2) The degree of concentration on the relevant market before and after the economic concentration; (3) The relationship of the enterprises engaging in the economic concentration in the production, distribution or supply chain for a certain kind of goods/service or the business lines of the enterprises engaging in the economic concentration which are inputs or complementary to one another; (4) Competitive advantage brought about by economic concentration in the relevant market; (5) The ability of enterprises after the economic concentration for increasing significantly their prices or Return on sales; (6) The ability of enterprises after the economic concentration for removing or preventing other enterprises from market entry or expansion; (7) Particular factors in the sectors, areas which enterprises are engaging in economic concentration.

Thirdly, enterprises engaging in the economic concentration shall submit notification dossier of economic concentration to the National Competition Commission before initiating economic concentration if they reach the threshold of economic concentration notification. The notification threshold shall be determined based on one of the following criterias: (1) Total assets of the enterprises engaging in the economic concentration on the Vietnamese market; (2) Total turnover of enterprises engaging in the economic concentration on the Vietnamese market; (3) The transaction value of the economic concentration; (4) Combined market share of enterprises engaging in the economic concentration on the relevant market. For efficient preparation of dossiers, the consultation with M&A lawyers, anti competition lawyer are suggested.

Fourthly, regarding assessment procedure, the National Competition Commission shall receive notification dossier of economic concentration, preliminarily assess the economic concentration. Matters of preliminary assessment of economic concentration include: (1) Combined market share of enterprises engaging in the economic concentration on the relevant market; (2) The degree of concentration on the relevant market before and after the economic concentration; (3) The relationship of the enterprises engaging in the economic concentration in the production, distribution or supply chain for a certain kind of goods, service or the business lines of the enterprises engaging in the economic concentration which are inputs or complementary to one another. Within 7 working days from receipt of notification dossier of economic concentration, the National Competitive Commission shall notify the applicant in writing that whether the dossier is complete and valid. If the dossier is incomplete or invalid, the National Competition Commission shall notify the applicant in writing of specific content needed to amend, supplement within 30 days from the date of notice. Upon expiry of 30 days, if no amendment, supplementation is made or the dossier is not amended, supplemented completely at request, the National Competition Commission shall return the notification dossier.

After preliminary assessment of economic concentration, the National Competition Commission shall officially assess the economic concentration within 90 days from the date of notice of preliminary assessment result. In complicated cases, the National Competition Commission may extend the time limit of official assessment but it can not exceed 60 days and inform in writing enterprises submitting the notification dossier of economic concentration. Matters of official assessment of economic concentration include: (1) Assessing the impact or ability making significant competition-restraining impact of economic concentration; (2) Assessing the positive impact of economic concentration; (3) Assessing generally the ability making competition-restraining impact and ability making positive impact of economic concentration to. In process of official assessment of economic concentration, the National Competition Commission require the enterprise to submit notification dossier of economic concentration in order to supplement information, documents but this does not exceed 2 times. The enterprise submitting notification dossier of economic concentration shall be responsible for supplementing the information, documents relating to economic concentration and be responsible for the completeness and accuracy of such information, documents at the request of the National Competition Commission. This supplementation duration shall not be included in the time limit for assessing economic concentration. If the enterprise fails to supplement fully information, documents or supplement incompletely information, documents at request, the National Competition Commission shall consider, decide on the basis of available information, documents.

The fifth matter is right, responsibility and authority of the parties. In process of assessing economic concentration, the National Competition Commission is entitled to consult the bodies managing sectors, areas which enterprises are engaging in operating economic concentration, consult other relevant enterprises, organizations, and individuals; be responsible for ensuring confidentiality of information, documents provided under regulations of the laws; has the authority to handle complaints against decisions on settlement of violations against regulations on economic concentration. The consulted bodies are responsible for responding to consulted  matters in writing within 15 days from the date on which the request for consultation made by the National Competition Commission is received. Relevant bodies, organizations, and individuals is responsible for fully, accurately and promptly providing information, documents at request of the National Competition Commission in the process of assessing economic concentration unless otherwise stipulated.

Sixthly, regarding decision on economic concentration, after and based on the official assessment of economic concentration, the National Competition Commission shall issue a decision determining that: (1) The economic concentration is approved. This decision shall be sent to enterprises engaging in economic concentration within 5 working days from the date of issue; (2) the economic concentration is conditional; (3) the economic concentration is prohibited. If the National Competition Commission issues a decision behind schedule which causes damage to enterprises, it shall compensate for such damage under regulation of the laws. Decision on economic concentration shall be announced, except for the matter relating to State secrets or trade secrets.

Seventhly, conditional economic concentration is economic concentration which is approved and it shall meet one or more of the following conditions: (1) Division, split, resale of a part of capital contribution and property of enterprises engaging in economic concentration; (2) Control of the matters relating to the purchase and sale prices of goods, services or other trading conditions in contracts of enterprises formed after the economic concentration; (3) Other measure for remedying the ability making competition-restraining impact on the market; (4) Other measures for enhancing the positive impact of economic concentration.

Finally, violations against regulations on economic concentration includes the following violations: (1) An enterprise fails to notify of economic concentration; (2) An enterprise implements economic concentration without receiving a notification of preliminary assessment from the National Competition Commission; (3) An enterprise in cases of official assessment implements economic concentration before the National Competition Commission issues a decision; (4) An enterprise fails to perform or incompletely perform conditions specified in the decision on economic concentration; (5) An enterprise implements economic concentration which is prohibited.

For consultation, we at ANT Lawyers, a law firm in Vietnam will be available for legal help.

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