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Showing posts from March, 2024

Mickey Mouse In The Public Domain – Legal Issue According To Us And Vietnam Legislation

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Mickey Mouse is a familiar cartoon character to all ages, which was first published to the public in 1928 and gradually became a typical character and representative of the image of the Walt Disney Company (hereinafter referred to as “ Disney “). Officially on January 01 st , 2024, the copyright term of Mickey Mouse expired and was in the public domain.  1. The US Law on copyright Copyright is a legal right that protects the creative works of the author or owner from copyright infringement. The copyright term is just only in the specified time, unlimited. Berne Convention for the Protection of Literary and Artistic Works (hereinafter referred to as “ Bern Convention “) regulates the term of protection is shall be the life of the author and fifty years after his death [1] . The Member Country, including the United State and Viet Nam, shall comply with the minimum term of protection as stipulated in the Bern Convention and may prolong the term of protection, depending on each nati...

Which type of certificate is needed for special-use vehicles in the factory?

Special-use vehicles are important tools in the production process at factories and warehouses. When putting these vehicles into operation, companies not only need to pay attention to technical factors, ensure proper use but also ensure that these vehicles have been registered in accordance with the standards prescribed by law. So, what kind of certificates do special-use vehicles in factories usually have to have? 1. 1. Which motor vehicles in factories are classified as special-use vehicles? Pursuant to Clause 20 Article 3 Road Traffic Law 2008, special-use vehicle means construction vehicle, farm vehicle, forestry vehicle and other special-use vehicles used for defense and security purposes, which joins in road traffic.   Circular 22/2019/TT-BGTVT has also issued a list of special-use vehicles (in Appendix 1 of Circular 22/2019/TT-BGTVT), according to which special-use vehicles include the following groups:    Heavy-duty vehicles: earthworks machinery (excavator, ...

Invalidation of trademark protection titles due to bad faith

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“From domain name speculation to trademark speculation” – https://thesaigontimes.vn/tu-dau-co-ten-mien-den-dau-co-nhan-hieu/ has been regulated by law. It can be said that the phenomenon of trademark speculation in recent times has caused many disputes and conflicts, creating an unhealthy competitive environment in Vietnam. This seriously affects the foreign investment attraction activities, where multinational corporations and foreign enterprises planning to invest in Vietnam have to step back or face potential trademark disputes. This forced Vietnamese law to have a regulatory mechanism.   Accordingly, the Law No. 07/2022/QH15 amending and supplementing a number of articles of the Law on Intellectual Property, effective from January 1, 2023 (“ Amended IP Law 2022 ”), has introduced new regulations on “invalidation of trademark protection titles due to bad faith” to enhance the effectiveness of the trademark protection mechanism. In addition, it also fulfills Vietnam’s com...

The Ministry of Public Security proposes the development of a Law on Personal Data Protection

1. Draft Decree on the controlled sandbox mechanism for financial technology (Fintech) activities The draft Decree clearly states that the selection process for organizations participating in the Sandbox Mechanism will be based on the following basic principles: Fair, objective and transparent selection. Clear and transparent criteria and selection procedures. Participation in the Sandbox Mechanism does not guarantee official licensing.   The experimental solution must be within the prescribed field. The State Bank of Vietnam will decide the number of participating organizations based on its capacity for review and supervision. The number of approved organizations will be made public. Fintech solutions in the banking sector that are allowed to be tested: Credit scoring, data sharing through Open API, P2P lending Issuing certificates for solutions that are innovative, beneficial and have added value. Credit institutions will be considered for the Certificate of Participa...

Singapore investors establish technology company

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According to statistics from the Ministry of Planning and Investment, in 2023, there were investments from 111 countries and territories in Vietnam. Among them, Singapore led with a total investment of over 6.8 billion USD, accounting for 18.6% of the total foreign investment in Vietnam and an increase of 5.4% compared to the same period in 2022. This indicates that Vietnam is increasingly attracting foreign investment, especially from Singaporean investors. Additionally, the information technology sector is a field that Vietnam has opened up for market competition, allowing Singaporean investors to establish companies with 100% foreign capital in Vietnam.  Singapore investors establish technology company So, when Singapore investors establish a company operating in the technology sector in Vietnam, what procedures do they need to follow?   To establish a company in Vietnam, Singapore investors need to undertake the following steps:  Step 1   :  ...

Regulations on amounts subject to calculating the payable social insurance for employees

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The payable social insurance for employees 1. Amounts that are and are not subject to calculating the payable social insurance for Employees according to the law 1.1 Amounts that are subject to calculating the payable social insurance for employees according to legal regulations   For employees who pay social insurance according to the salary regime determined by the employer, the monthly salary for social insurance payment is the salary, allowances and other additional amounts stated in the labor contract . In there: + Salary: the time-based calculation of the job or job title according to the salary scale and salary table established by the employer according to the provisions of Article 93 of the Labor Code; For employees receiving product-based wage or piece wage, record the wage calculated by time to determine the unit price of the product or piece wage.   + Allowance: Allowances are additional amounts intended to compensate for factors such as working condi...

A Number Of Notes When Providing Vietnamese Guest Workers Service Through Service Enterprises And Enterprises Providing Vietnamese Guest Workers Service In The Form Of Training

In the context of globalization and multi-dimensional economic development, sending Vietnamese workers to work abroad (or “providing Vietnamese guest workers service”) has become an indispensable part of the national development strategy. This is not only an opportunity for individuals but also a strong motivation to advance one’s career and improve one’s quality of life. The article below will point out a number of notes when providing Vietnamese guest workers service in accordance with Vietnamese laws, from which both workers and employers can withdraw their own overviews and orientations to adjust their plans accordingly.  1. A number of notes when providing Vietnamese guest workers service through service enterprises Pursuant to Clause 1, Article 8 of the 220 Law on Vietnamese Guest Workers, enterprises are only allowed to provide Vietnamese guest workers service when they have obtained the License for providing Vietnamese guest workers service issued by the Minister of Labor...