Thứ Ba, 29 tháng 7, 2025

Working with a Trademark Law Firm in Vietnam to Rebrand Your Business Safely: 8 Essential Steps

  In business, a new name can open doors, a new logo can bring fresh life into your business, a rebrand can feel like a transformation.

Many foreign companies believe that owning a trademark in their home country protects them everywhere. They design, print, market, and launch, only to discover that someone in Vietnam already registered the same name. Or something that sounds the same. Or looks the same. And that someone now has the legal right to stop your business from using it.

Vietnam uses a “first-to-file” trademark system. It means the person or company that files the trademark in Vietnam first owns it. Not the one who thought of it first. Not the one who used it first overseas. And certainly not the one who spent more on advertising.

Then before going too far, check with a trademark law firm in Vietnam to ensure you could register the trademark for the products or services. They bring local legal knowledge; help you secure your brand. You could then rebrand your business safely.

What You Would Need to Know

You would need to know now to rebrand in Vietnam with legal safety and peace of mind.

You will need to understand why trademark law in Vietnam is different from many other countries. You will see what mistakes foreign businesses often make when rebranding here. You will learn how a trademark law firm in Vietnam helps you avoid those mistakes.

We would walk you through steps of the rebranding process, from internal planning to final registration. You will also find answers to the most common questions companies ask when facing these challenges.

Rebranding in Vietnam can be smooth, creative, and legally secure. But only if you plan for it properly.

What Can Go Wrong, and How to Get It Right

Imagine that you plan to enter Vietnam market with a product.  Your team has created a new Vietnamese name, hired local influencers, and printed thousands of materials with your updated brand.

Now before your launch, you receive a letter from a local company that registered the same brand name sometime ago. They own the name now.

They tell you to stop using the name or pay them for a license. Your signs must come down. Your products cannot be sold under that name anymore.

If you had started by contacting a trademark law firm in Vietnam earlier, they would have searched the name, warned you about the conflict. They would have helped you choose a name that is safe, available, and protected.

That is the difference one choice can make.

Why Legal Support Matters for Rebranding in Vietnam

Vietnam’s trademark law gives rights to the first person who files. It does not matter if you used the brand name for years in another country (unless you are a global famous brands). If someone registers it here before you do, you could lose the right to use it.

That is why rebranding without help is risky.

Many foreign businesses also face trademark squatters. These are people who watch what foreign companies are doing. When they see a new brand enter Vietnam, they quickly register that name. Not to use it, but to block your use of it. Later, they demand money or take legal action.

Other times, companies unknowingly choose names or logos that are already registered by Vietnamese businesses. The conflicts that follow can drag on, cost money, and damage your brand’s trust.

A trademark law firm in Vietnam protects you from these costly mistake. They know the legal system. They speak the language. They understand local business culture. They see the risks you may not see. And they help you take the right steps from the start.

Working with a Trademark Law Firm in Vietnam to Rebrand Your Business Safely: 8 Essential Steps
Working with a Trademark Law Firm in Vietnam to Rebrand Your Business Safely: 8 Essential Steps

Step-by-Step Guide to Rebranding Safely in Vietnam

Step 1: Review What You Have

Before changing your brand, make a list of everything you currently use. This includes your name, logo, slogan, packaging design, domain name, and social media handles. You need to know what is protected and what is not. A trademark law firm in Vietnam can help you check your current trademark registrations and advise what can stay or what needs to change.

Step 2: Define What You Want to Change

Be clear about your rebranding goals. Are you changing your name? Your design? Your messaging? Or everything? The clearer you are, the easier it will be for your legal team to give the right advice.

Step 3: Search Before You Design

This is where many companies go wrong. They like a new name or logo before checking if it is legally safe. A trademark law firm in Vietnam performs a clearance search. They look at registered trademarks in the same business category. They check for similar names, spellings, sounds, and meanings. This search is crucial. It helps you avoid names that are already protected.

Step 4: Choose a Legally Strong Name and Logo

Once the search is complete, your lawyers in Vietnam will guide you to names and visuals that are unique and registrable. t is about strength. A good brand must be easy to protect and defend. A strong trademark is one that is distinctive, not too generic, and not easily confused with other brands.

Step 5: File for Trademark Registration

After selecting your new brand elements, your lawyers in Vietnam will help file your trademark application. This includes choosing the right classes of goods or services, preparing the correct documents, and submitting them to Vietnam’s National Office of Intellectual Property. Your filing date becomes your legal claim. So do this as early as possible, even before you start using the brand publicly.

Step 6: Watch and Respond

After filing, the application goes through examination. Sometimes, the authorities raise questions or objections. Other times, third parties may oppose your trademark. A trademark law firm in Vietnam will help you reply to these objections with legal arguments. They will also monitor the progress of your application and keep you updated.

Step 7: Transition from Old to New

If you already have a brand in use, you would need to phase it out carefully. You may have to assign or transfer old trademark rights. You’ll also need to update your contracts, advertising, signage, and digital assets. A law firm in Vietnam can support you through this process and make sure everything is done correctly.

Step 8: Monitor and Defend Your New Brand

Once your trademark is approved and registered, you must keep an eye on the market. Others may try to copy your name or logo. A trademark law firm in Vietnam can help if someone applies for a similar mark. If needed, they will send legal notices and take enforcement actions.

Your Brand Deserves Legal Certainty

You worked hard to build your business. But without legal protection, that brand is vulnerable.

A rebrand is more than a design project. It is a legal strategy. It needs the right partner. It needs a trademark law firm in Vietnam that understands how to navigate risk, prevent disputes, and secure your rights.

Do not wait until a problem appears. By then, it might be too late or too expensive to fix. Plan ahead. File early. Trust the experts. When you build your brand on solid legal ground, you can grow with confidence.

FAQ: Rebranding and Trademark Protection in Vietnam

Do I need to register my new brand before using it in Vietnam?

Yes. If you use it without registering, you risk losing it to someone who files before you.

Can I use a name I already own overseas?

Only if no one has registered it in Vietnam yet. Otherwise, you must register it locally or consider a new brand.

What if someone else has already registered my brand in Vietnam?

You may have legal options, but it depends on the case. Your lawyer can help negotiate, oppose, or fight for your rights.

How long does trademark registration take in Vietnam?

Usually 12 to 15 months. But your rights begin from the filing date, not the approval date.

Can I do the filing myself?

No. You would need to assign a licensed IP representative.  This is a trademark agent with license.  Check with a trademark law firm in Vietnam and ask for trademark agent license to reduces errors and increases your chances of approval.

What does a clearance search do?

It helps find existing trademarks that may conflict with your proposed name or logo. This is the best way to avoid legal problems before they begin.

What if my application is rejected?

A lawyer can help you file an appeal, provide evidence, and argue your case before the authorities.

Your brand is your promise to the world. It tells people who you are, what you stand for, and why they should trust you.

Rebranding is a big decision. It carries creative energy and business ambition. But it also brings legal risk, especially in a market like Vietnam, where laws are clear, but different from what you may be used to.

Protect your next move and start by working with a trademark law firm in Vietnam.

ANT Lawyers, Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/ip/trademark-law-firm-in-vietnam-rebrand.html

Thứ Sáu, 25 tháng 7, 2025

Virtual Goods Regulation in Vietnam: 5 Hidden Traps That Impact Your Platforms

  Digital goods fuel innovations but the laws are catching up in the virtual economies.

Vietnam’s digital economy is growing fast. More apps are offering digital rewards, in-app purchases, and monetized gifts. But behind the excitement, a new law is changing the rules. Platforms that fail to prepare may find themselves blocked.

The challenge lies in a misunderstood legal space: virtual goods regulation in Vietnam. While developers focus on user experience, Vietnamese authorities are now watching the virtual economy with closer eyes. The law defines, classifies, and supervises digital items with real world value.

If your business involves in-app credits, gifting tools, or user-generated rewards,  you would need to watch and avoid five mistakes and stay legally safe under the virtual goods regulation in Vietnam.

Why Virtual Goods Suddenly Matter in Vietnam

For years, Vietnam allowed digital platforms to operate in a legal gray zone. Apps distributed across borders. Payments flowed freely. No one asked tough questions about how virtual items were created, sold, or exchanged.

Then came the Vietnam law on digital technology industry, a major legal reform that takes effect on January 1, 2026. This law defines what virtual goods are, who can distribute them, and how platforms must operate.

Now, virtual items are not just game stuff anymore. They are legally recognized assets. That means they come with obligations.

This shift is not just a local issue. Any platform that allows Vietnamese users to top up credits, send gifts, or receive monetized rewards must comply with these rules under virtual goods regulation in Vietnam.

Virtual Goods Regulation in Vietnam
Virtual Goods Regulation in Vietnam

What You Would Need To Know?

In here, we will break down the five most common traps foreign platforms fall into when dealing with virtual goods regulation in Vietnam, being:

  • What qualifies as a virtual good
  • Why digital features may require licensing
  • How payment flows trigger compliance
  • What sandbox approvals mean and when you need them
  • How to structure agreements with Vietnamese resellers

We will then go through a step-by-step guide on virtual goods regulation in Vietnam and FAQ to help your team navigate the new law that details virtual goods regulation in Vietnam. Whether you are a developer, legal counsel, or CEO, this gives you some ideas toward compliance in operations in Vietnam.

What Virtual Goods Look Like in Real Life

Look into your platform that allow:

  • Users buy “gems” to unlock features in a game
  • Viewers tip livestreamers using “stars”
  • Fans send “gifts” to content creators
  • Users earn “tokens” that convert to cash

All of these would count as virtual goods under the new legal framework.

What makes this complex is how the goods interact. One digital item may be purchased with real money, another may be earned, a third might be traded or redeemed. When these virtual units affect user spending or income, they become legally significant.

It is no longer about code. It is about currency, tax, and compliance.

The 5 Legal Traps You Must Avoid Under Virtual GoodsRegulation in Vietnam

Trap 1: Assuming virtual goods are unregulated

The Vietnam law on digital technology industry defines virtual goods as any digital items with transactional value. If your platform sells or allows the resale of digital units, even indirectly, you must comply under the virtual goods regulation in Vietnam.

Do not assume that this game is only about entertainment or not withdrawable nature that you can get away without being subject to enforcement. The law looks at economic function, not just technical design under the virtual goods regulation in Vietnam.

Trap 2: Using unlicensed payment channels

Many platforms rely on resellers or corporate top-up agents. In Vietnam, this model may be flagged if the agreement involves virtual goods but lacks clear tax treatment or legal purpose under the virtual goods regulation in Vietnam.

Bank transfers oversea have been denied because platforms could not explain what the payments were for. If your distributor agreement is vague, it may block funds.

Trap 3: Ignoring consumer rights and refund rules

Vietnamese law protects users who purchase or lose digital items. If a user buys credits and does not receive them due to a technical issue, or if a gift is wrongly transferred, your platform may be liable.

Under virtual goods regulation in Vietnam, platforms must adopt clear policies for user complaints, refunds, and lost assets. Ignoring these can lead to investigation.

Trap 4: Misunderstanding What Counts as a Virtual Goods

Many platforms presume their “gifts” are just emojis or icons. But Vietnamese regulators are focusing on function over form. Under virtual goods regulation in Vietnam, if the item represents value, it is treated like a digital asset, even if the platform calls it something playful.

Trap 5: Overlooking reseller compliance

If your platform signs contracts with Vietnamese entities to distribute digital units (e.g., top-up partners or local agents), those contracts must be reviewed to reflect local law.

If the reseller can not prove legal use of funds or purpose of transaction, Vietnamese banks may reject transfers. That affects your cash flow, and your reseller relationships.

Every agreement should define:

  • The type of virtual goods involved
  • Purpose of the transaction
  • Pricing model (fixed or flexible)
  • Restrictions on resale or refunds

Step-by-Step Guide to Stay Compliant

Step 1: Map all virtual goods used on your platform.

Step 2: Identify if users in Vietnam can access, buy, or redeem them.

Step 3: Review your distributor or reseller agreements.

Step 4: Ensure the agreements explain the product, payment purpose, and refund rules.

Step 5: Consult a local lawyers in Vietnam to determine virtual goods definition.

Step 6: Prepare internal documentation to explain virtual asset flows.

Step 7: Establish user complaint and refund policies for Vietnam.

Step 8: Monitor updates from authorities on enforcement guidance.

FAQ: Virtual Goods Regulation in Vietnam

Q1: My platform doesn’t use real money. Are we still affected?

Yes. If users exchange digital goods that represent value (gifts, credits, tokens), it may still be regulated.

Q2: We only sell to distributors. Why are banks rejecting transfers?

Banks in Vietnam are cautious with payments labeled as “virtual items” unless clear legal justification is provided. Documentation preparation helps.

Q3: What is the sandbox, and why apply?

It’s a government program that allows platforms to test regulated features without facing full enforcement. It’s ideal for experimental monetization tools.

Q4: What happens if we do nothing?

You risk blocked payments, app store removals, or being blacklisted as non-compliant.

Q5: Can we rename our digital goods to avoid legal problems?

No. The law focuses on function, not names.

Act Now, Do not Wait

The time to act is not next year. It is now. Platforms that begin compliance work in 2025 will be ready when the Vietnam law on digital technology industry is enforced. Those who wait may face confusion, disruption, or shutdown.

Go review your systems. Talk to your legal counsels in Vietnam. Protect your users.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/virtual-goods-regulation-in-vietnam-traps.html

Thứ Tư, 23 tháng 7, 2025

4 Powerful Features in Decree 191/2025: Procedures to Apply For Vietnamese Nationality That Bring Hope to Investors and Overseas Vietnamese

  

New Hopes, New Rules

Some decisions change lives. Others change nations.

Vietnam’s new nationality law may do both.

For years, foreign investors, Vietnamese born citizens abroad, and professionals have struggled with the uncertainty around Vietnam’s citizenship policy and how to apply for Vietnamese nationality. The requirements were complex. The possibility of holding dual nationality was almost always off the table.

That changes now.

Interestingly, the changes come at the time other powerful countries are apply hard policy on immigration matters!

In July 2025, a game changing regulation came into effect, Decree 191/2025 on Vietnamese Nationality. This is not just another rulebook. It is a gateway.

A gateway for those who consider to move to Vietnam. A framework for those who wish to live, invest, and belong officially.

apply for Vietnamese nationality
Procedures to Apply for Vietnamese Nationality

Why Decree 191/2025 on Vietnamese Nationality Matters

Vietnam is changing fast. The economy is booming. Global companies are shifting production here. Talents, experts, and overseas Vietnamese are returning to reconnect with their roots. But one thing held many of them back: citizenship.

The legal process to apply for Vietnamese nationality, return, or keep Vietnamese nationality was previously difficult. There were legal obstacles. And for those holding foreign citizenship, very few options exist.

Decree 191/2025 on Vietnamese Nationality and how to apply for Vietnamese nationality is a response to these long-standing issues. It reflects Vietnam’s effort to modernize, internationalize, and humanize its nationality policies.

This decree provides clearer rules. And for the first time, it openly allows dual citizenship in specific cases.

Who Will Benefit and Why This Is a Turning Point

If you are a foreign investor living in Vietnam, a tech expert contributing to the country’s future, or an overseas Vietnamese who dreams of returning to apply for Vietnamese nationality, check for the eligibility for Vietnamese nationality, and the procedures on how to get Vietnamese nationality, and this decree might finally unlock your legal status.

Here is what it provides:

  • A clearer process for acquiring or reclaiming Vietnamese nationality
  • New flexibility for dual citizenship
  • Specific exemptions for investors, experts, and descendants of Vietnamese citizens
  • Reduced paperwork and digital submission options
  • Transparent approval timelines

For many, this is the first time Vietnam offers a structured, welcoming path to official belonging.

What the New Policy Looks Like in Practice

Let’s imagine that you were born in Vietnam but have lived abroad for quite some time. You want to come home. Start a business. Maybe buy land in Vietnam. Now, with the help of Decree 191/2025 on Vietnamese Nationality, you can:

  • Submit your request to return to Vietnamese nationality
  • Prove your heritage and current contribution
  • Request to keep your foreign nationality
  • Receive a decision within a transparent time frame
  • Become a dual citizen with full rights

Key Features of the Decree

Let’s explore the highlights of Decree 191/2025 on Vietnamese Nationality:

Dual Citizenship

This is the most powerful shift. The decree allows Vietnamese nationals to retain their foreign nationality, subject to:

  • No national security risk
  • Approval by the President of Vietnam
  • Valid justification: economic, cultural, scientific contribution

Investor and Expert Exemptions

If you are an investor or expert in science, technology, education, or health, you may be exempt from:

  • Residency time
  • Language fluency
  • Proof of financial self-sufficiency

Descendants of Vietnamese People

Children and grandchildren of Vietnamese nationals can:

Legal Transparency

The decree sets a standardized process. It reduces discretion and ensures national unity in implementation.

Check How to Become a Vietnamese Citizen 

Decree 191/2025 on Vietnamese Nationality is Vietnam’s signal that it wants its people back. It wants international minds on its side.  You should act now if:

  • You are an investor with long-term plans in Vietnam
  • You were born in Vietnam and now live abroad
  • You want to legally settle in Vietnam with your family
  • You want your business leadership to reflect your citizenship

Step-by-Step Guide: Apply for Vietnamese Nationality

Step 1: Determine Eligibility to Apply for Vietnamese Nationality

  • Are you of Vietnamese descent?
  • Do you hold a long-term visa, work permit, or investment license?
  • Are you an expert in a field Vietnam needs?

Step 2: Prepare Your Documents to Apply for Vietnamese Nationality

Depending on your case:

  • Passport(s)
  • Birth certificate or proof of Vietnamese origin
  • Investment certificates
  • Work contracts or business licenses
  • Residence permit or temporary card
  • Language ability

Step 3: Submit the Application to Apply for Vietnamese Nationality

  • At Ministry of Justice
  • Or through Vietnam’s overseas embassies
  • Include request for dual citizenship if applicable

Step 4: Await Verification

  • Ministry of Justice processes file
  • Ministry of Public Security validates identity and background

Step 5: Receive Decision

  • If approved, you would receive an official nationality certificate
  • Provincial People’s Committees may hold an official ceremony
  • If dual nationality was granted, your foreign citizenship remains intact

Frequently Asked Questions (FAQ) to Apply for Vietnamese Nationality

Can I keep my foreign citizenship if I become Vietnamese?

Yes. Under Decree 191/2025 on Vietnamese Nationality, dual citizenship is permitted if:

  • It does not harm national interests
  • The President of Vietnam approves it
  • You have significant personal or national contributions

Do I need to speak Vietnamese?

Normally, yes. But if you are:

  • A high-level investor
  • A scientific or cultural expert
  • A returning overseas Vietnamese

…then the requirement may be waived.

How long does the process to Apply for Vietnamese Nationality take?

The review may take:

  • Up to 30 days by the Ministry of Justice
  • 45 days for security verification
  • Extra time for Presidential approval if dual citizenship is involved

Can I apply for Vietnamese nationality from abroad?

Yes. You may apply through Vietnamese embassies and consulates. The decree encourages overseas Vietnamese to reclaim nationality.

From Residency to Belonging

Vietnam is no longer just a destination for short-term opportunity. It is building a future of shared citizenship.

With Decree 191/2025 on Vietnamese Nationality, the door is open for those ready to contribute, return, and stay and apply for Vietnamese nationality.

Whether you are a business leader, a second-generation Vietnamese abroad, or a global expert drawn to Vietnam’s growth, this is your moment.

Now, Vietnam is not just welcoming tourists. 

Vietnam is welcoming you, the citizens.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/apply-for-vietnamese-nationality-steps.html