Frequently asked questions

Most contracts take effect once the parties sign them, without notarisation. Some types must by law be notarised or certified, such as transfers of land use rights and sales of housing between individuals. A lawyer will check your specific contract.

An LLC suits a small number of members and simple governance. A joint stock company suits wider fundraising or flexible share transfers. Our lawyers will advise based on your business plan.

Once the file is complete, the business registration office issues the Enterprise Registration Certificate within 3 working days (Article 26, Law on Enterprises 2020). Preparation time depends on whether you have settled the name, capital and business lines.

Most business lines have no minimum, but some conditional business lines do. Whatever amount you register, members or shareholders must contribute it in full within 90 days of the certificate being issued.

Yes, except in business lines where foreign ownership is capped under Vietnam’s list of restricted market-access sectors and its international commitments. Justix checks each business line before filing.

Most business lines have no minimum capital. Some conditional business lines require legal capital; a lawyer will check the lines you register.

No. Residential apartments cannot be used as a company’s head office. A private house with a clear address can be used.

Yes, for most business lines. Some lines have ownership caps or specific conditions under Vietnam’s international commitments.

No. The investor can authorise Justix to handle the entire process.

Employers with 10 or more employees must have written work rules registered with the provincial labour authority (Articles 118 and 119, Labour Code 2019). Without registered rules, disciplinary action is easily found to have no legal basis.

Yes, except in the cases where the law allows processing without consent. Consent must be clear, voluntary and verifiable; customers must know what the data is used for and be able to withdraw. Businesses should have a privacy policy and keep proof of consent.

In practice it usually takes 12–18 months from filing. Your priority is counted from the filing date, so file as early as possible.

Keep evidence (photos, links, purchase receipts) and contact a lawyer. Depending on the case, Justix can send a warning letter, request marketplace takedowns, seek administrative penalties or sue.

10 years from the filing date, renewable any number of times for 10 years each (Article 93(6), Law on Intellectual Property).

No. Trademark rights are territorial: to be protected in a country you must file there, directly or through the Madrid System.

No. Copyright arises once a work is created and fixed in a material form. Registration gives you ready evidence if a dispute arises.

Yes. You can keep using it; the filing date determines priority if a dispute arises.

Yes. Our retainer covers contract review, employment advice, corporate governance and day-to-day questions for a monthly fee.

A lawyer can act from the moment a person is arrested or held in custody, or from the decision to prosecute. Families should contact a lawyer as soon as a relative is detained.

Yes. Lawyers are bound to keep client information confidential under the Law on Lawyers and professional ethics rules.

A lawyer can request that detention be replaced by another measure such as bail by guarantee or a cash deposit where the conditions are met (Articles 121 and 122, Criminal Procedure Code 2015). The authorities then decide.

Fees depend on the stage of proceedings (investigation, prosecution, trial) and the complexity of the case. Justix quotes in writing before signing the engagement letter.

Uncontested divorce is when both spouses agree on the divorce, children and property, and is usually faster. Contested divorce is filed by one spouse, and the court decides the disputed issues.

For disputes over who holds the land use right, the law requires mediation at the commune-level People’s Committee before filing a lawsuit. A lawyer will check which type of dispute applies to you.

A child under 36 months is placed with the mother unless she is unable to care for the child or the parents agree otherwise in the child’s interest. From age 7 the child’s wishes must be considered (Article 81, Law on Marriage and Family 2014).

No. Under the Civil Procedure Code 2015, a party cannot authorise someone else to act in their place in divorce proceedings. A lawyer can still take part as the defender of your lawful rights and interests.

The period to claim division of an estate is 30 years for real estate and 10 years for movable property, from the opening of the succession (Article 623, Civil Code 2015).

If the party receiving the deposit refuses to enter into or perform the contract, it must return the deposit plus an equal amount, unless the parties agreed otherwise (Article 328(2), Civil Code 2015).

Arbitration is only available if the parties have an arbitration agreement, in the contract or after the dispute arises. Arbitration is private and its award is final; court hearings are public with two levels of trial. The limitation period for commercial claims is generally 2 years (Article 319, Commercial Law 2005).

Yes. The limitation period is 3 years from when you knew or should have known your rights were infringed (Article 429, Civil Code 2015).