Regulation On Imposing Anti-Dumping Duty

Regulation On Imposing Anti-Dumping Duty under Vietnam Laws

Imposition of anti-dumping measure includes imposition of provisional anti-dumping duty and official anti-dumping duty. According to Law on export and import duties 2016, anti-dumping duty means an additional import duty imposed upon dumped imports in Vietnam that cause or threaten to cause considerable damage to domestic manufacturing or prevent the formation of domestic manufacturing.

 

 Anti-dumping Law Firm in Vietnam

The imposition of provisional anti-dumping duty is decided by the Minister of Industry and Trade according to the preliminary determination provided by the investigating authority. The rate of provisional anti-dumping duty shall not exceed the dumping margin defined in the preliminary determination. The maximum duration of imposition of provisional anti-dumping duty is 120 days from the days on which the decision on imposition of anti-dumping duty comes into force. In case of the request of an exporter of like products exported to Vietnam, the Minister of Industry and Trade may give an extension of provisional anti-dumping duty up to 60 days. The provisional anti-dumping duty shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade. The amount of anti-dumping duty paid under decision on imposition provisional anti-dumping duty issued by the Minister of Industry and Trade that is in excess of the payable amount after the official decision of Minister of Industry and Trade shall be refunded to the taxpayer.

The imposition official anti-dumping duty is decided by the Minister of Industry and Trade according to the final determination provided by the investigating authority. The rate of anti-dumping duty shall not exceed the dumping margin defined in the final determination. The maximum duration of anti-dumping duty is five years from the day on which the decision on imposition of anti-dumping duty comes into force, unless it is extended as prescribed in the law.

Two conditions for applying anti-dumping duties are the imports being dumped in Vietnam and the dumping margin must be determined and the dumping causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing. Rules for applying anti-dumping duties include: (1) Anti-dumping duty may only be applied to a reasonable extent to prevent or minimize damage to domestic manufacturing; (2) The anti-dumping duties shall be applied after an investigation is carried out and conform to the investigation conclusion as prescribed by law; (3) Anti-dumping duty shall be imposed upon dumped imports in Vietnam; (4) The application of anti-dumping duties must not cause damage to domestic socio-economic interest.

If Client needs any more information or request for legal advice regarding trade remedies measures including: anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, Our international trade and tax lawyers, and antitrust lawyers in Vietnam at ANT Lawyers, a Anti-dumping law firm in Vietnam have always followed the development of situation and update the clients on relevant matters.

 

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Requirements of Commercial franchising in Vietnam

What is the Requirements of Franchising in Vietnam?

Commercial franchising is an activity adjusted by Commercial law, whereby franchisors permit and require franchisees to undertake by themselves to purchase or sell goods or provide services on the following conditions: i) the purchase or sale of goods or provision of services shall be conducted in accordance with methods of business organization prescribed by franchisors and associated with the franchisors’ trademarks, trade names, business knows-how, business slogans, business logos and advertisements; ii) franchisors shall be entitled to supervise and assist franchisees in conducting their business activities.

 

Commercial Franchise Lawyer in Vietnam

Commercial franchise contracts must be made in writing or in other forms of equivalent legal validity and registered with Ministry of Industry and Trade excepting some regulated cases which are not required to register but report to Department of Industry and Trade which are domestic franchises and the franchises from Vietnam to overseas.

Firstly, the franchisors, except having otherwise agreed, have the rights i) to receive franchise sums; ii) to organize advertising for the commercial franchise system and the commercial franchise network; iii) to conduct periodical or extraordinary inspections of activities of franchisees in order to ensure the uniformity of the commercial franchise system and the stability of quality of goods and services.

In the meantime, the franchisors have the obligations i) to supply documents guiding the commercial franchise system to franchisees; ii) to provide initial training and regular technical assistance to franchisees for managing the latter’s activities in accordance with the commercial franchise system; iii) to design and arrange places of sale of goods or provision of services at the expenses of franchisees; iv) to guarantee the intellectual property rights over objects stated in franchise contracts; v) to equally treat all franchisees in the commercial franchise system.

For the franchisees, except having otherwise agreed, the franchisees could i) request franchisors to provide with full technical assistance related to the commercial franchise system; ii)  request franchisors to equally treat all franchisees in the commercial franchise system.

The franchisees have the obligations to i) pay franchise sums and other amounts under commercial franchise contracts; ii) to invest adequate material facilities, financial sources and human resources to take over business rights and know-how transferred by franchisors; iii) to submit to the control, supervision and instruction by franchisors; to comply with all requirements set forth by franchisors on designing and arrangement of places of sale of goods or provision of services; iv) to keep secret the franchised business know-how even after the expiration or termination of commercial franchise contracts; v) to stop using trademarks, trade names, business slogans, logos and other Intellectual property rights (if any) or systems of franchisors upon the expiration or termination of commercial franchise contracts; vi) to manage their activities in accordance with the commercial franchise system; vii) not to sub-franchise without permissions of franchisors.

Besides the above rights and obligations, the parties may supplement others provisions demed necessary but not contrary to the provisions of law.

If Client needs more information or request for legal advice regarding commercial franchise in Vietnam, please contact with Commercial Franchise Lawyer in Vietnam at ANT Lawyers to be assisted.

 

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Telecommunications, Media & Technology (TMT) Services in Vietnam

ANT Lawyers assist clients to operate with compliance or look for opportunities to enter the market. In Telecommunications, Media & Technology (TMT) practice, our lawyers assist clients in commercial matters, corporate M&A and other transactions, regulatory issues, system integration, software development and licensing, IT services including outsourcing, software & technology agreements, data protection, intellectual property, disputes resolutions.

 

Telecommunications, Media & Technology Services in Vietnam

Our customers include telecom network operators and service providers, producers, software and hardware technology companies, outsourcing companies and e-commerce companies, internet companies, media and entertainment companies.

Some highlight matters include:

KDDI, a Japan telecom company, which we assist on various ongoing matters in Vietnam.

SECUREMETRIC, a Malaysian company providing digital security solutions in Vietnam, which we assist the Malaysian holding company to be listed on the Bursa Securities, advised the procedures for the local entity to be complied, conducted licensing procedures on behalf of the Client and drafted share purchase agreement for execution and carried out the process to change the ERC, IRC of the company in Vietnam under the name of the new owner with strict requirement to meet deadline for listing;

VIETFIBER, a foreign owned company with investors from Turkey manufacturing telecom equipment in Long An City, Vietnam, which we reviewed the shareholder agreements, Share Purchase Agreement, and advised procedures to complete the transfer of capital contribution from current shareholder to new investor and register with authority in Vietnam;

An Eastern European Technology company, which we advised telecommunications, media intellectual property laws on Personal Data Protection, Data Localization, and Copyrights infringement matters for their project to deliver service in Vietnam and online mobile stores in launching a personal content feed offering to users with a personalized news feed, with news items linking to a news story available on a third-party website, as well as a headline and small fragment of a news story and an accompanying image, embedded videos, the video content itself hosted on a third party website.

A Chinese Entertainment company, which we advised the client on the legal risks and compliance plan to launch a music application, an online music software providing functions of singing, recording, and uploading the songs etc, along with intelligent scoring, professional mixing, online interaction and social sharing. The advice cover areas of intellectual property permissions (including complete audio, words, music, accompaniment, music clips, etc.) on UGC (User-generated Content) or PGC (Professionally-generated Content), User License Agreement, the copyright and related rights collective management organization system including: The Vietnam Literary Copyright Center (VLCC); The Recording Industry Association of Vietnam (RIAV); The Vietnam Center for Protection of Music Copyright (VCPMC) and The Vietnam Reproduction Rights Organization (VIETPRO) whom exercise copyright licensing service, collect and distribute of royalties to the authors and rights holders whom authorized to them.

ANT Lawyers - a Law firm for TMT in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or serive request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529

Let ANT Lawyers help your business in Vietnam.

 

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Matters on Intellectual Property Rights Registration in Vietnam

Important Matters on Intellectual Property Rights Registration in Vietnam

In the process of development of global business, the growth of multinational corporations or business will help individuals and companies to bring their products to the world. In addition to bringing their products to customers, the protection of intellectual property rights for products created is extremely important and necessary. We would like to highlight important matters when registering for intellectual property rights protection in Vietnam.

First, in order to be able to register for protection of intellectual property rights, the protected product must meet all conditions to be protected under the provisions of the Intellectual Property Law of Vietnam.

 

Protect intellectual property rights in Vietnam

After meeting all of conditions for protection of intellectual property rights, the owner should pay attention to the procedures for registering intellectual property rights. According to the Intellectual Property Law 2005, the time of intellectual property rights to copyright is when products are created and expressed in a certain material form without needing to register. However, industrial property rights for inventions, industrial designs, layout designs, trademarks, geographical indications are established on the basis of a decision to grant protection titles by competent state agencies rights under the registration procedures prescribed in the Intellectual Property Law or recognition of international registration under the provisions of international treaties to which the Socialist Republic of Vietnam is a member; for well-known trademarks, ownership is established on the basis of use, regardless of the registration procedure. Therefore, in order to be able to establish their intellectual property rights for products created, the owner needs to register for product protection in accordance with regulations, the order given by the Law on Intellectual Property in Vietnam. 

In addition to the prescribed registration procedures, the owner should pay attention to the time of filing the application for protection, and it is suggested to submit the application as soon as possible. Under the provisions of the Intellectual Property Law, in cases where many applications for inventions are identical or similar, industrial designs are identical or not significantly different from each other, the protection title shall be granted only for an invention or industrial design on a valid application, the earliest priority date or filing date shall be among the applications that meet the conditions for being granted a protection title. In the case of multiple applications by different people registering marks that are identical or confusingly similar to each other for products or services that are identical or similar to each other or in the case of multiple applications of the same those who register identical marks for identical products or services, the protection title is only granted to the trademark in the valid application with the earliest priority date or filing date among the applications that meet the requirements sued to be granted a protection title. In case there are many applications for registration as stipulated above and all meet the conditions to be granted a protection title and have the same priority date or the earliest filing date, the protection title will only be granted to the subject of a single application of those applications as agreed by all applicants; if no agreement is reached, the corresponding objects of those applications are refused the protection certificate.

Therefore, in order to protect their intellectual property rights, the owner needs to meet all conditions for the product, in addition to necessary procedures as prescribed by law and promptly apply for a certificate of protection for the product. The protection of products will help individuals and companies gain competitive edge during their commercial operation, in addition to avoiding the risks of being infringed upon intellectual property rights.

ANT Lawyers, a law firm in Vietnam with a team of experienced lawyers, IP consultants and IP services in Vietnam in the field of Intellectual Property will help customers implement procedures for registering intellectual property rights in the most effective way.

 

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How to Apply for an Copy Extract of Birth Certificate in Vietnam?

Extract of birth certificate is a document issued by a competent state agency to prove the birth fact of an individual registered at the civil status registry. According to the regulations in Vietnam, the original birth certificate cannot be re-issued. A birth extract is a certified true copy of the birth certificate. The reason people need to apply for a copy of the birth certificate extract is because the original copy of the civil status extract is lost or damaged.

 

According to the regulations, the authority whom issue copy extract of birth certificate will not depend on the place of residence of the person having the right to request, hence the requester can apply for a copy of extract birth certificate at civil status management agencies nationwide. However, at present, because the electronic civil status database system has not been synchronized nationwide, the request for issuance of a copy of civil status extract is still within the competence of the People’s Committee of the province, commune where the birth was originally registered. The birth certificate extract from the original has the same value as the original.

Applying for a copy of extract birth certificate is an administrative procedure. Specifically, the person who wishes to apply for a copy of extract birth certificate can do this by himself or authorize another person to carry out this procedure. In addition, the requester can apply in person or send it by post or submit an application online through the national public service portal.

In addition, the application for a copy of extract birth certificate must also comply with the regulations. Accordingly, the dossier includes: (i) Declaration; (ii) The original of one of the identification papers to prove identity; (iii) Power of attorney or documents proving the kinship relationship. The authorization must be made in writing and authenticated according to the law. In case, authorizing a relative, the authorization document does not need to be notarized or authenticated, but documents relating to the relationship with the authorizing person is needed. If the documents are in a foreign language, they must be translated into Vietnamese and notarized or authenticated by the translator’s signature as prescribed by law.

Within three working days from the date of receipt of the dossier, the civil status registration and management agency will verify the dossier and compare the information in the electronic civil status database. If the request for certification is correct, a document certifying civil status information shall be returned to the requester. In case of having to check and verify, the time limit can be extended but not exceeding ten working days. If the birth registration data is not found, the civil status agency will normally send a written reply with the content not found in the data.

You could learn more about ANT Lawyers Birth Certificate Practice or contact our lawyers at ANT Lawyers – Law Firm in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

 

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Notice of Receipt Application for Exemption from Trade Remedies in March 2022

On March 14^th, 2022, Trade Remedies Authority has issued Notification No. 06/TB-PVTM of receipt of application for exemption from trade remedies in March 2022 (Case No. SG04, SG06, AC10.SG04).

 

On March 03^rd, 2020, the Ministry of Industry and Trade issued Decision No.715/QD-BCT extending the application of safeguard measures against imported DAP/MAP fertilizers holding the HS code: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

On March 20^th, 2020, the Ministry of Industry and Trade issued Decision No. 918/QD-BCT on extending the application of safeguard measures to imported billet and long steel products holding the HS code: 7207.11.00; 7207.19.00; 7207.20.29; 7207.20.99; 7224.90.00; 7213.10.10; 7213.10.90; 7213.91.20; 7214.20.31; 7214.20.41; 7227.90.00; 7228.30.10; 9811.00.00.

On March 20^th, 2020, the Ministry of Industry and Trade issued Decision No. 920/QD-BCT on the extension of the application of measures to prevent evasion of trade remedies against imported coil and wire products holdings the HS code: 7213.91.90; 7217.10.10; 7217.10.29; 7229.90.99; 9839.10.00.

In order to submit the application for exemption for exemption from trade remedies, the Trade Remedies Authority requires enterprises that meet the conditions to be exempted to submit a dossier of application for exemption from application of trade remedies in the mentioned cases to provide all documents specified in Article 14 and Appendix 03 of the Circular No. 37/2019/TT-BCT.

The relevant parties must submit the application for exemption via online public service portal or send directly to Trade Remedies Authority before 17:00 April 13^th, 2022 (Hanoi time).

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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Conditions for Foreigners When Buying Houses in Vietnam

With open-door policies and a stable socio-economic situation, Vietnam is one of the countries with great attraction to foreign investors.  There are many foreign individuals and organizations come to Vietnam to live and work and a number of foreigners or foreign organizations wish to buy houses or apartments. Many real estate developers also wish to expand the customers base through selling houses and apartments to foreigners in Vietnam.

 

However, according to current law, foreigners or foreign organizations can buy houses and apartment in Vietnam; and real estate developers could sell houses and apartments in Vietnam but must meet some conditions.

First of all, to be able to buy a house in Vietnam, foreign individuals and organizations must be one of the subjects that can own houses in Vietnam. Specifically, foreign organizations and individuals that are allowed to own houses in Vietnam include: (i) foreign organizations and individuals investing in housing construction under projects in Vietnam; (ii) foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds and foreign bank branches operating in Vietnam; (iii) foreigners whom are allowed to enter Vietnam. Accordingly, to be able to buy a house in Vietnam, these subjects must prove that they fully meet the conditions prescribed by law.

Specifically, foreign organizations and individuals investing in housing construction under projects in Vietnam must have an Investment Certificate and have houses built in the project according to regulations. For foreign organizations, they must set up company in Vietnam, have an investment certificate or a document related to being allowed to operate in Vietnam, issued by a competent Vietnamese state agency. Foreign individuals must be subject to permission to enter Vietnam and not be entitled to diplomatic and consular privileges and immunities.

Besides, depending on each different object, the documents proving the object and conditions for owning a house in Vietnam vary. For a foreign individual, s/he must have a valid passport with an entry verification stamp of the exit and entry management agency of Vietnam and not be eligible for special privileges and immunities. On the other hand, for foreign organizations, they must be eligible to own houses and have an Investment Registration Certificate or a document authorized by a competent Vietnamese agency to operate in Vietnam. In addition, these individuals and organizations should note that these documents must be valid at the time of signing the housing transactions.

Therefore, if organizations and individuals meet the above conditions, foreign individuals and organizations can purchase houses in Vietnam. However, it should be noted that foreign individuals can only own houses in Vietnam in the form of apartments or separate houses in an investment project to build commercial housing.

In addition, foreigners are also not allowed to purchase houses in areas that are subject of national defense and security under Vietnamese law. Further, foreign organizations and individuals are also limited in the number of ownership. Accordingly, foreign organizations and individuals are only allowed to own no more than 30% of the total number of apartments in an apartment building, and no more than 10% for an individual housing project of less than 2,500 units.

In general, purchasing houses for foreign individuals and organizations are subject to complicated legal conditions. Therefore, in order to ensure that the purchase of housing in Vietnam is in accordance with the regulations and to limit the risks arising, relevant individuals and organizations need to learn and seek legal advice and support from real estate dispute law firm in Vietnam.

 

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