Thứ Hai, 17 tháng 9, 2018

How do I make a secure copyright image?

BY Mèo juna IN , , No comments


I only can offer a perspective under US law. Three things you can do to help you enforce your copyright interest in a phone.


Register the photo with the US copyright office. You now can do it online.

Put a copyright notice on it. For example, (c) 2018 Your Name, or “Copyright 2018 Your Name.” You are not required to register with the US Copyright Office to use the notice.

Put a watermark on it. Best approach, a watermark with your copyright notice.

Keep in mind that these steps will not provide 100% full protection against infringement. But these steps will put others on notice that you assert a copyright interest in your photos, and you will be in a stronger position in the future to protect your rights.


Thứ Tư, 12 tháng 9, 2018

When Can the Buyer Suspends the Payment of the Goods Under International Sale Contract?

BY Mèo juna IN , , , No comments


In the execution of sales of goods contract, there are cases in international trade that allow buyer suspend the payment of the value of the goods to the seller.
According to Article 51 Law on Commerce 2005, it is regulated that, unless otherwise agreed, the suspension of payment for goods is provided for as follows:
-The buyer that has proofs of deceit of the seller shall have the right to suspend the payment.
-The buyer that has proofs that the goods are subject to a dispute shall have the right to suspend the payment until the said dispute is settled.
-The buyer that has proofs that the seller has delivered goods which do not conform with the contract shall have the right to suspend the payment until the seller remedy such inconformity.

However, it is suggested that the buyer or the seller to consult with internationaltrade lawyers in Vietnam for specific situations in potential contract dispute to avoid breaching the agreements.









Thứ Ba, 11 tháng 9, 2018

When is Bank Guarantee Obligations Terminated?

BY Mèo juna IN , , , No comments


According to Vietnam Law on Credit Institution, and Circular 07/2015/TT-NHNN on bank guarantee, bank guarantee refers to a type of credit whereby the guarantor undertakes to act on behalf of the obligor to fulfill their financial obligations to the obligee in the event the obligor fails to fulfill or insufficiently fulfill their agreed-upon obligations to the obligee; the obligor must take on their debt obligations and repay the guarantor.
Bank guarantee obligations shall be terminated under the following circumstances:
a) The obligor’s obligations are discharged.
b) The guarantee obligations have been fulfilled in accordance with the guarantee commitment.
c) The guarantee is cancelled or replaced by other guarantee measures.
d) The guarantee commitment has ended its validity.
e) The obligee has been exempted from liability to fulfill guarantee obligations to the guarantor.
f) Parties agree to terminate.
g) The contract which obligations is guaranteed and that part or whole contract are not executed is invalid or void.
h) Guarantee obligations shall be terminated under other circumstances in accordance with legal regulations.




Thứ Hai, 10 tháng 9, 2018

Why aren't startup business models protected by copyrights?

BY Mèo juna No comments


There is no law that can automatically grant protection to a business idea or a business model.

Why? The Laws of Intellectual Property do not protect ideas, rather, they protect the individual expression of their ideas. Given the right to freedom of expression no law has the power to restrict or override such fundamental right. This means that someone can copy or make a variation of your original business idea.

How can I protect my business idea?
One of the simplest ways of safeguarding your business model is to keep it private. You can simply sign a Non-disclosure Agreement ( NDA) with your business partner or investors to ensure that there is no information leak. Alternatively, you may sign a non-compete agreement with your co-founders or employees which will prevent them from operating in a competing manner or develop competing products upon termination of their employment with your business.

To make things clear. There are four main types of Intellectual Property that can be legally protected.

Copyrights : protect creative works where one can show sufficient individual input

Industrial Designs : protects the ornamental or aesthetic aspect of a physical item

Trademarks : protect commercial brand name logo, images, slogans that distinguish your business from other businesses

Patents : protect original inventions that are available for commercial use


Thứ Năm, 6 tháng 9, 2018

What Are Rights and Benefits of the Employee Suffering the Occupational Accident?

BY Mèo juna No comments


Accidents can happen at any time at work. Whether a workplace accident is the result of employee carelessness or employer negligence, employers must take responsibility for accidents to employee.
Vietnam Labor Code defines occupational accident is an accident that causes injury to any part and function of the body or death to employee occurring during the working process associated with the implementation of work and labor tasks (according to Article 142 of Labour Code).
The employee has following rights when they suffer accidents:
1. The employee is paid all the payment of the co-payment costs and the costs not included under the list paid by the health insurance for the employee participating in health insurance and making full payment of all medical expenses from the first aid, emergency to the stable treatment for the employees not participating in health insurance.
2. The employee is entitled to full payment of salary under the labor contract to the employee suffering the occupational accident and having to take leave during treatment.
3. The employee participating in compulsory social insurance is entitled to enjoy the regime of occupational accident in accordance with the Law on Social Insurance.
The conditional to enjoy the regime of occupational accident: were injured in workplace or during working hours; outside the place of work or during working hours when performing work at the duty of the employer; on the road from home to work place and vice versa.
4. The employee is entitled to the enjoy labor accident allowance as:
. The employee with occupational accidents reduces working capacity from 5% to 30% are paid once.
The employee with occupational accidents reduces working capacity 5% receive an allowance of an amount equal to 5 month’ salary under labor contract and then every 1% increase has an addition of 0.5 month’ salary.
.The employee with occupational accidents reduces working capacity 31% or more receive an allowance at rate: reduce working capacity 30% shall receive 30% month’ salary under labor contract and then every 1% increase has an addition of 2% month’ salary
This allowance is paid every month.
. The death of the employee’s relative from the occupational accidents receive at least 36 months’ salary under labor contract.
5. The employee with occupational accidents not due to the fault of employee and reduce working capacity from 5% or more shall be compensated by the employer at the following rate:
. At least equal to 1.5 month’ salary under the labor contract if the employee is reduced from 5.0% to 10% of his working capacity and then every 1.0% increase, an addition of 0.4 months of salary under the labor contract if reduced working capacity from 11% to 80%;
. At least 30 months’ salary under labor contract for the employee reduced his working capacity from 81% or more or for the death of the employee’s relative from the occupational accidents.

6.Where due to the fault of the employee, he/she also receives an allowance of an amount at least equal to 40% of the rate prescribed when fault not belong to the employee.
7. In case the employee reduces his/her working capacity in temporary, the employee receives100%-month salary under labor contract the first aid, emergency to the stable treatment or until a permanent injury certificate is issued.
8. In case the employee reduces his working capacity in permanent, beside allowance of accidents, the employee reduces his/her working capacity from 81% or more receive 100% month’ salary under labor contract every month.
9. In the case of death of a worker who has paid social insurance for 15 years, relatives will receive a funeral allowance and dependents will be entitled to a minimum of 50% of the basic salary for each person.
10. In case of the employee’s death and had participated in compulsory social insurance for less than 15 years, the burial attendants receive allowance at least 10 months’ salary under labor contract at once.





Thứ Ba, 4 tháng 9, 2018

Anti-dumping measures under Vietnam laws

BY Mèo juna IN , , , , No comments


Vietnam joined the WTO, signed various types of trade agreements, and step by step eliminated tariff and non-tariff barriers, and accelerated the process of integration and development of Vietnam. The Foreign Trade Administration Act of 2017, which regulates trade remedies, has also terminated the effect of the Ordinance on Anti-dumping of Imported Goods in 2004.
According to the Law on Foreign Trade Management, Decree 10/2018 / ND-CP, anti-dumping measures against goods imported into Vietnam is a measure applied in cases where the goods are identified dumping when imported into Vietnam causes substantial injury or threatens to cause material injury to a domestic industry or prevents the formation of a domestic manufacturing industry. A commodity is determined to be dumping when it is compared to the following conditions: the selling price in Vietnam is lower than the normal price. The usual price determination is regulated by the Law on Foreign Trade Management in three ways: the price of the like goods at exporter, the price of the like goods in the third country under normal commercial conditions or the price determined by the investigating agency by the method of self-calculation.
For the application of anti-dumping measures, the “sale price” factor is not sufficient, but must fully satisfy the conditions prescribed by law. Accordingly, the dumping measure is applied when the dumping margin is over 2%; the domestic industry suffered material injury or threatened to cause material injury; there is a fruitful relationship between the importation of goods selling prices and the domestic production. With the margin of dumping below 2%, anti-dumping measures are not applicable.
The application of anti-dumping measures is considered as a way of healthy competition of enterprises. Domestic enterprises may request the competent agencies to apply this measure when they find that they fully satisfy the conditions on quantity and volume of goods related to their selling prices and the proportion of goods that they sell on the market devaluation (at least 25%). On the basis of the conclusions of the investigation, the anti-dumping tax shall be applied for not more than 5 years or the measures for elimination of dumping at the request of the domestic enterprises if they are approved by Vietnam Competition Authority, the investigation bodies.
An anti-dumping duty shall apply retroactively prior to the decision of the Minister of Industry and Trade. Anti-dumping duty shall be retroactively applied to imported goods for a period of 90 days before the imposition of provisional anti-dumping duty if the imported goods are found to be dumped.
Therefore, anti-dumping measures are a way to protect the domestic industry and at the same time create a healthy competition between foreign enterprises and Vietnamese enterprises. At the same time, respect for international commitments, trade agreements that Vietnam signed when joining the WTO.







Thứ Sáu, 31 tháng 8, 2018

What are Application Dossiers to Apply for Bank Guarantee?

BY Mèo juna IN , , , No comments


According to Vietnam Law on Credit Institution, and Circular 07/2015/TT-NHNN on bank guarantee, bank guarantee refers to a type of credit whereby the guarantor undertakes to act on behalf of the obligor to fulfill their financial obligations to the obligee in the event the obligor fails to fulfill or insufficiently fulfill their agreed-upon obligations to the obligee; the obligor must take on their debt obligations and repay the guarantor.


Guarantee commitment is the written document issued by the guarantor or the counter-guarantee issuing party or the guarantee-confirmation issuing party.

According to Vietnam Law on Credit Institution, and Circular 07/2015/TT-NHNN, the application dossiers for bank guarantee are:
a) Written request for guarantee;
b) Materials related to customers;
c) Materials on guaranteed obligations;
d) Materials on security (if any);
dd) Materials related to other parties (if any).