Consulting corner2020-05-18T15:42:23+07:00
Royalty of copyright and related rights2020-05-18T15:42:36+07:00

Offers your company,

Let me ask, currently, the regulations on royalties and remuneration for copyrighted works in accordance with the law, which documents of the state are still valid? Thank you.

Offers customers,

According to the law, at present, royalties and remuneration are regulated based on the 2005 Intellectual Property Law (amended and supplemented some articles in 2009), guided by Decree 100/2006 / ND -CP (amended and supplemented by some articles by Decree 85/2011 / ND-CP and Decree 01/2012 / ND-CP); Besides, it is also instructed in Decree 21/2015 / ND-CP on royalties, remuneration for cinematographic works, fine arts, photography, theater and other types of performing arts; Decree 18/2014 / ND-CP on royalty regime in the field of journalism and publishing.

All documents on intellectual property law, we have updated at Law Library of AGL’s Library, you can search and use it at the AGL website.

Best regards

Company rules2020-05-18T15:42:36+07:00

Hi Lsu,

Let me ask, what rules do businesses need to meet when establishing a company? Does the company we want to register as a joint stock company?

Looking forward to receiving answers. Thank you!

 

Hello,

The company charter includes the Charter when registering the business and the Charter is amended and supplemented during the operation process.

The charter of the company has the following main contents:

  • Company name and address;
  • Name and address of branch and representative office (if any);
  • Business lines;
  • Charter capital; total shares, types of shares and par value of each class of shares;
  • Full name, address, nationality and other basic characteristics of founding shareholders for joint stock companies; number of shares, types of shares, par value of each class of founding shareholders;
  • Shareholder’s rights and obligations to a joint stock company;
  • Management organization structure;
  • The legal representative for a joint stock company;
  • Procedures for approving company decisions; principles of internal dispute resolution;
  • Bases and methods for determining remuneration, wages and bonuses for managers and controllers;
  • Cases of shareholders have the right to ask the company to buy back shares;
  • Principles for distributing after-tax profits and dealing with losses in business;
  • Dissolution cases, dissolution orders and procedures for liquidation of company assets;
  • Procedures for amending and supplementing the company’s Charter.

The charter when registering an enterprise must include the full name and signature of the following persons: Individual founding shareholders and legal representatives or authorized representatives of founding shareholders are organizations. for joint stock companies.

The amended and supplemented charter must include the full name and signature of the following persons: The legal representative of the joint stock company.

For specific advice or to request AGL to provide business registration, please contact AGL at: (+ 84-8) 39974456 or email: info@agllaw.com.vn
Best regards.

What brand is different from brand ?2020-05-18T15:42:36+07:00

Brand (English mark: Trade mark) is widely used in the world and in Vietnam for a long time. This is a standardized concept in Vietnamese and international law. According to the Vietnam Intellectual Property Law, the trademark is “signs used to distinguish goods or services of the same or similar types from different production and business establishments”. Trademarks can be made up of traditional signs, their letters, numbers, image marks, colors or combinations. However, with the strong development of technology and the current media, many countries’ laws have also adopted trademark protection as new objects including sound signs, animation clips , the image changes with the perspective (hologram) even the smell, taste and feeling. Besides service marks (service marks) are also accepted in parallel with trademarks used for goods

Brand (English: Brand) is a new term that has been widely used in our country recently when Vietnam implemented open and integration policies. Unlike trademarks, brand is not a concept that is internationalized as well as in Vietnamese law, so it is understood and used at times but not uniform, sometimes even abused. This term is used in commerce, marketing and advertising only signs or groups of signs that characterize a business or product or service. Trademarks are often one of the most valuable assets of a business in business, share contributions, asset transfers or licensing rights.

A brand may be one or a combination of the following factors:

     

  • Featured words
  •  

  • Logo (logo)
  •  

  • Motto (slogan)
  •  

  • Colors
  •  

  • Style
  •  

  • Audio
  •  

  • Smell, taste
  •  

  • Motion
  •  

  • Service methods, customer care

With the above practice, comparative comments can be made between the brand and the brand as follows:

     

  • Trademarks and trademarks can theoretically be priced for the purpose of identifying assets, contributing capital or transferring, transferring rights. However, because of the nature they are not quite the same, the assessment must be suitable for each specific object.
  •  

  • In many cases, a brand may be a trademark or a geographical indication or a trade name of a Company. However, such subjects often have to be widely known or must achieve a certain reputation in the market.
  •  

  • A brand may include other intellectual property objects such as industrial designs, copyright and others that are not proprietary rights. intelligence like private methods of service, customer care …
  •  

  • The registration and protection of trademarks are stipulated in the Intellectual Property Law, but the trademark is not legalized, so the protection of trademarks is often complicated. more complicated and requires integrated measures.
Procedures for notifying seal samples2020-05-18T15:42:36+07:00

I have established a one-member limited company but have not announced the seal form, asking what documents I need to prepare and how fast is it? Does the seal currently need to meet any of the mark pattern requirements?

Hello guests,

According to Decree 78/2015 / ND-CP, enterprises have rights to decide on the form, content and number of children d < / span> the u of the business.

Before using, changing, canceling the seal form, changing the number of seals of businesses, branches, and offices In case, the enterprise sends a notice to the Business Registration Office where the enterprise, branch, representative office is located to download the seal sample notice on C National information on business registration. Notice content in the prescribed form, including:

  • Name, code, office address of the business or branch or representative office;
  • S number of amount of seals, seal samples, effective time of samples seal.

Time limit: when receiving valid dossiers

For specific advice or request AGL to provide seal sample notification service, please contact AGL at: (+ 84-8) 39974456 or email: info@agllaw.com.vn
Best regards.

Code and barcode for goods2019-06-04T10:43:07+07:00

Hello company, company let me ask about article numbers and barcodes for goods, now my company is producing both agricultural products such as garlic, ginger, chili powder, … in general, spices, packaged , labeling, but because there is a need to expand the market and sell in supermarkets, it is necessary to know the information related to MSMV to be put on products, product packaging, hope that the company will let us know. What information to register, costs and procedures?

Welcome,
MSM includes: Country code, Company code, product code and check number.
Enterprise code (DN) is the code issued by the General Department of Quality Assurance for enterprises so that the enterprise can allocate to its products:
– 7-digit enterprise code, enterprises are allocated product codes from 00001 to 99,999;
– 8-digit enterprise code, enterprises are allocated product codes from 0001 to 9,999;
– 9-digit enterprise code, enterprises are allocated product codes from 001 to 999;
– 10-digit enterprise code DN is allocated product codes from 01 to 99.
The allocation of codes for their products will be allocated by the enterprise itself to products that are not duplicated by codes. Enterprises must update the product list that has assigned the latest code to the General Department. When using up the allocated number fund, enterprises need to register another business code.
Customers need to register for article number and barcode please send via email: info@agllaw.com.vn:
– Information about businesses (Name, MSDN, business lines)
– List of products to be assigned a barcode;
– Workers directly and contact numbers.
We will give you specific advice and send a quote, list of documents and procedures for you.

For specific advice or request AGL, please contact AGL at: (+ 84-8) 39974456 or email: info @ agllaw.com.vn
Best regards.

 

Is it possible to register for headquarters in an apartment?2020-05-18T15:42:36+07:00
Is it possible to register for headquarters in an apartment? AGL would like to reply as follows:

Pursuant to Clause 1, Article 6 of the Housing Law 2014 stipulating that “Using apartments for non-residential purposes” is an act strictly prohibited. p>

In Clause 7 Article 80 of Decree 99/2015 / ND-CP dated October 20, 2015 of the Government detailing and guiding the implementation of a number of articles of Housing law: “In case of business registration papers issued by a competent agency, if the apartment is used as a business location before the effective date of the Housing Law, organizations and households families and individuals who are granted these business registration papers must transfer their business activities to other places other than condominiums within six months from the effective date of this Decree; The agencies competent to grant business registration papers must carry out procedures to re-adjust the business locations inscribed in the business registration papers already granted to organizations, households and individuals to other places within the time limit. specified in this Clause; Past the time limit prescribed in this Clause, organizations, households and individuals may not conduct business in apartments. “

From the aforementioned regulations, the enterprise is not allowed to do business in an apartment and must submit an application to the Business Registration Office – the Department of Planning and Investment. signing the change of the address of the head office of the enterprise, the location of the branch, representative office, business location in the apartment to another place other than the apartment (except for the area used for business of apartment buildings) within 15 days from the date of the Business Registration Office’s announcement.

Beyond this time limit, if the application for change of address of the head office of the enterprise has not been received, the location of the branch or representative office’s operation location, Business locations to other locations not apartments, Business Registration Office – Department of Planning and Investment will coordinate with Department of Construction and District People’s Committee where enterprises, branches and offices representative offices and business locations for handling according to current law provisions.

For specific advice or request AGL to provide seal template notification service, please contact AGL via phone number: (+ 84-8) 39974456 or email: info@agllaw.com.vn
Sincerely.

Business establishment2020-05-18T15:42:36+07:00

Hello lawyers!

I want to establish a company in the field of interior decoration with activities such as ceiling closure, water painting, construction of partitions and raised floors. According to my understanding, the registration code is 7410, so please let me know what kind of documents, diplomas, certificates when registering to establish a company.

Hello,
To register for a business, you must choose the type of business you want to establish. These types include: Joint-stock companies, Private enterprises, One-member limited liability companies owned by individuals / organizations, limited liability companies with two or more members. Depending on the type of application the application will prepare differently.

For the industry you intend to do business: Interior decoration is not a business line that has conditions for practicing certificate or capital … Therefore, you only need the prescribed documents depending on you. desire to choose.

Currently, at the Business Registration Office of Ho Chi Minh City Department of Planning and Investment (32 Le Thanh Ton, District 1, Ho Chi Minh City, Vietnam), there are specific guidelines and forms. posted online at: http://www.dpi.hochiminhcity.gov.vn/TinTuc/dkdn/Pages/default.aspx. You can consult and use different types of documents to suit your type of company.

For more specific advice and guidance, please contact AGL by telephone: (+ 84-8) 39974456 or email: info @ agllaw .com.vn
Best regards.