VN's challenge in protecting IP under TPP
(Sep 21, 2016)
The Trans-Pacific Partnership (TPP) Agreement was officially concluded
on February 4, 2016 by 12 countries, including Australia, Brunei,
Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore,
the US and Viet Nam.
Decree No 102/2016/ND-CP issued by Vietnamese Government on July 01,
2016 governs a drug business's conditions. The Decree provides
conditions for all business types related to drugs. Below are highlights
of the conditions one must follow in the drug business.
Enterprises conducting false product advertising may be subject to legal
liability in many respects, in particular, the risk of bearing criminal
liability if the act of advertising shows sufficient signs to be considered a crime under the regulations.
When both court and arbitration have jurisdiction over the
resolution of disputes arising from the performance of commercial
contracts, selecting the appropriate mode of resolution will help the
parties ensure the benefits of the process and save a lot of time,
effort and money.
The Government has issued Decree No 73/2016/ND-CP on July 1, 2016
detailing the implementation of the Law on Insurance Business. The
Decree regulates the establishment and operation of life insurance,
non-life insurance, health insurance, reinsurance enterprises and
foreign insurer branches.
Establishing a representative office in Viet Nam is considered a safe
initial step before traders conduct a series of complex high-cost legal
procedures to establish a wholly foreign-owned enterprise.
The Government has issued Decree No 86/2016/ND-CP (July 1, 2016)
governing requirements applicable to securities investment and business
activities in Viet Nam.
Terms of content conflict resolution, validity of the contracts, and
transfer of contractual obligations are basic terms that often get
overlooked, but they can help enterprises minimize serious damage when
entering into contracts.
Circular 83/2016/TT-BTC governs in detail several cases subject to incentives as follows:
The finance ministry issued Circular No. 83/2016/TT-BTC ("Circular 83")
on June 17, 2016. It guides the implementation of investment tax
incentives prescribed in the Investment Law and Government decree No.
118/2015/ND-CP, which details and regulates several articles of the
The acts of copying and cropping articles, images and videos posted on
official websites of organisations or individuals, might be subject to
administrative and even criminal sanctions for copyright infringement.