Vietnam removes Hong Kong from steel dumping list

Vietnam has lifted anti-dumping duties on galvanized steel imports from Hong Kong, according to the Ministry of Industry and Trade, Lao Dong newspaper reports.

The ministry issued two decisions on anti-dumping measures, namely Decision 3584/QD-BCT dated September 1, 2016 on temporary anti-dumping duties and Decision 1105/QD-BCT dated March 30, 2017 on anti-dumping duties on galvanized steel imports from China (including Hong Kong) and South Korea.

After a review, the ministry issued Decision 2754/QD-BCT on July 20, 2017 amending Decision 3584 and Decision 1105. Vietnam now removes anti-dumping duties on galvanized steel imported from Hong Kong in line with the Decision 2754.

Source: The Saigon Times

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ANT Lawyers is a Vietnamese law firm in Vietnam with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

For advice or service request, please contact us via email ant@antlawyers.vn, or call (+84) 24 32 23 27 71.  To learn more about us, visit www.antlawyers.vn.

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Process Setting-up Foreign Owned Import Export Business in Vietnam

If a foreign-invested company wishes to apply for export/import or distribution rights, it has to submit the below listed documentation to the competent authorities:

1. Export/Import rights:

The foreign investors who invest to exercise right to export, right to import must follow procedures for grant of investment certificates; the foreign-invested enterprises in Vietnam which supplement the operational business activities for exercise of right to export, right to import must follow procedures for adjustment of investment certificates:

a. Dossier of verification for grant or adjustment of investment certificate as prescribed by law on investment;

b. A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities;

c. Documents proving the financial capability and experiences of investor in exercise of right to export and right to import;

d. Vouchers of tax agencies on performing the enterprise income tax liability within two consecutive years in the case the foreign-invested enterprises wish to supplement the exercise of right to export, right to import.

2. Trading activities/Distribution

The foreign investors with investment projects on exercise of goods trading and directly related activities in association with the setting up of enterprises must follow procedures for grant of investment certificates.

a. A dossier comprises:

i) Dossier of verification for grant of investment certificate as prescribed by law on investment;

ii) A written explanation about the satisfaction of conditions in exemrcise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;

iii) Documents proving the financial capability and experiences of investor in exercise of busienss operation of goods trading and directly related activities.

b. After having acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant investment certificate. The investment certificate shall concurrently be business license.  Although not stipulated in the law, before granting an investment certificate with these business lines, the authorities usually consider application on case by case basis, taking into account market stability, population density in the area where the company is located and the consistency of the investment project with the master plan of the said area.

For these business lines the competent authorities must obtain the approval of the Ministry of Industry and Trade before issuing the investment certificate.

3. License for setting up retail establishments

If a foreign-invested enterprise wishes to set up a retail establishment in addition to the first retail establishment, it must follow procedures for license for setting up retail establishment, a dossier comprises:

a. Dossier of verification for grant or adjustment of investment certificate as prescribed by law on investment;

b. Dossier of license for setting up retail establishments, comprising:

i) Application for license to set up retail establishment;

ii) A written explanation about the satisfaction of conditions of setting retail establishments as per the law;

iii) Document of provincial People’s Committee that approves the working result of the Council of checking the

economic demand to consider the conformity of setting up of a retail establishment in addition to the first retail establishment.

iv) Report on exercise of goods trading and directly related activities of licensed projects;

v)Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years.

After having acceptance of the Ministry of Industry and Trade, the competent state agency shall grant the license for the setting up of retail establishments.

Our lawyers of foreign investment practice at ANT Lawyers, a law firm in Vietnam are available to advise and provide client with service and representation in Vietnam.

In order to seek further advice, please contact us at ant@antlawyers.vn or call + 84 912 817 823.

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Attention in Drafting Registration Application for Invention

Inventions are created with purpose to people’s life convenience and consequently bring economic benefits to the inventor. As a result, protecting the intellectual property of inventions through patent registration in Vietnam is essential.

However, applicant of invention may find it difficult in declaring some of the information i.e. name of invention, field of use, technical status of field of use, technical nature and brief description while drafting an invention description that meets legal regulations in Vietnam.

To overcome this difficulty, applicant should take note the followings:

Name of the invention: name of inventions and name of inventor should be brief without promotion.

Filed of use: the invention registration application shall demonstrate the filed in which the invention is applied or related.

Technical status of field of use: the technical shall include information of prior known technical solutions until the priority date of the same application.

Technical nature of invention: the technical nature of the invention is the purpose that the invention need to get or technical problem that the invention shall solve to overcome disadvantage or shortage of the same technical solutions declared in “Technical status of field of use” part.

The description of constitutive signs of invention: The description shall declare new signs of the invention.

Brief description with enclosed images (if any): Applicant shall declare and submit clearly the scope of protection invention request in the description. The scope shall be presented briefly, clearly and fix with the description and images as stipulation of law on intellectual property.

With professional staff and vast experience in Intellectual Property aspect in Vietnam, ANT Lawyers could support inventor in advising and drafting dossier to request patent protection in Vietnam.

ANT Lawyers is a Law firm in HaNoi with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at (+84) 24 32 23 27 71.

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Why Client Should Retain Real Estate Lawyers in Vietnam?

Due to changes in law attracting foreigners to come to live, and invest in Vietnam, foreigners have growing interest in investment and acquiring real estate.  However, as real estate is valuable assets, the law on real estate ownership and real estate transactions are complicated, especially for foreigners.

Under the land ownership regime in Vietnam, land belongs to the entire people with the State acting as the owner’s representative and uniformly managing land.  Hence, in Vietnam, the land users will have the land use right without the private ownership of the land.  Land law 2013 does not allow foreigner to have land use rights in Vietnam. It only allows foreign invested enterprises to be permitted to use land through the form of land allocation or lease.

Although foreigner do not have land use rights in Vietnam, they are allowed to own houses in Vietnam under the Law on Housing. In addition, the Law on Real Estate Business has certain limitations for foreign investors to conduct real estate business in Vietnam and must meet the legal requirements.

Foreign investors investing in Vietnam wish to use the land to conduct business activities, or intend to conduct real estate business in Vietnam, or simply a foreigner wishing to purchase and own real estate in Vietnam should be aware of the legal provisions on conditions of implementation, orders and procedures to of the transactions to minimize risks.  The assistance of the lawyers on real estate in Vietnam shall be worthwhile.

Real estate lawyers in Vietnam would have in-depth knowledge of the Land Law, Law on Housing, Law on Real Estate Business and related regulations. In addition, they would have practical experience in implementing legal procedures, handling disputes, and supporting real estate transactions in Vietnam. The real estate lawyers could explain the restrictions on land use rights of foreign organizations and individuals in Vietnam and the conditions for conducting business in real estate in Vietnam.  The lawyers at request could assist the foreigners with the process and procedures to work with state agencies to obtain land use rights for enterprise and home ownership rights for individual more effectively.

When conducting transactions related to real estate such as buying, selling, transferring, renting, leasing, real estate lawyers could also provide assistance in in legal due diligence of the real estate to minimize legal risk to clients. It is important to evaluate the legal status of the property, the owner of property, whether property is in dispute, or subject to additional requirements of government before being sold by the developer and the people eligible for entering into the transaction. In addition, the lawyers in Vietnam can advise clients to draft or review the agreements, sales contract as well as the process to legalize the process to comply with the law in Vietnam.

Source: antlawyers.vn

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International Trademark Registration Under Madrid Protocol/ Agreement

Trademark is the asset of individuals, and organizations which is protected independently in each nation therefore a trademark being registered in a country would still be a subject of violation in another country because it is not yet registered.

Currently based on a trademark patent or a national trademark application, by filing an international application, the trademark owner shall acquire the right of trademark registration in some or all members of the Madrid system.

With highly professional staff and great experience in intellectual property practice in Vietnam, ANT Lawyers would support the in registering your trademark under Madrid Protocol/ Agreement (Madrid System)

Conditions of international registration under Madrid System

People who have been granted the Certificate of Trademark Registration in Vietnam have the right to register their respective international trademarks under the Madrid Agreement;

People who have already filed an application for registration of a trademark in Vietnam and who have been granted a certificate of registration of a trademark in Vietnam shall have the right to make an international registration of the mark corresponding to the Madrid Protocol.

International registration application originating from Vietnam

An application for international registration of a mark designating a contracting party to the Madrid Agreement as a country to be registered and not designating any country member of the Madrid Protocol must be made in French.

An application for international registration of marks designating at least one member country of the Madrid Protocol, including the designation of a country party to the Madrid Agreement, must be made in English or French.

The declaration shall be as form provided by Vietnamese competent Authorities. The declaration shall designate the countries being parties of the Madrid Agreement (may simultaneously be a Member of the Madrid Protocol) and the country member of the Madrid Protocol to which the applicant wishes to apply for trademark protection.

The applicant shall ensure all information is accurate and in accordance with information in attached document.

International registration office for application from Vietnam

International application shall be filled at International Bureau through National Office of Intellectual Property of Vietnam

The date the National Office of Intellectual Property receives the application for international trademark registration shall be the date of the filing if the International Bureau receives the application within two months from the date of receipt. If the application is not completed for submission to the International Bureau within the above time limit, the date of receipt shall be the date of filing the application to the International Bureau.

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Patent Registration under PCT Procedure

Vietnam joined in Patent Cooperation Treaty (PCT) on March 10th 1993 and originations, individuals can register international patent as provided in PCT by filling registration application at National Office of Intellectual Property of Vietnam (NOIP). NOIP has responsibility to examine and handle the application as provided in PCT.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in filling international patent under PCT procedure:

Required Document

03 English written declaration for registration PCT application originating in Vietnam;

02 Written descriptions including images or drawings (if any) ;

02 written request of invention protection;

01 Original Power of Attorney;

Other related document (if only).

International Patent registration originating in Vietnam under PCT

Receipt of applications:A registration application of an invention shall be filed in Vietnam, including protection claims in any of the Member Countries of the PCT Treaty (hereinafter referred to as the PCT application originating from Vietnam). The application shall be submitted directly or by mail to the NOIP or the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau)

The international search process:This process shall be conducted at competent authorities (National or regional patent office that meets the requirements set by PCT and be designated by PCT General Assembly). National patent office with PCT application originating in Vietnam is: Intellectual Property office of Australia, Austria, the Russian Federation, Sweden, Korea and the European Patent Office.

Publication of the international application: PCT application originating in Vietnam shall be posted at PCT Gazette.

The international preliminary examination: Conducted by the international preliminary examining authority as provided in PCT. The purpose of examination is to give a preliminary and non – binding opinion whether the invention in the application meets the requirement protection or not. Examining authority shall make a preliminary examining report and send to International Bureau.

National or regional phase: international application shall be examined form and content as regulation of normal patent registration in each nation.

Note:

Applicants must specify which countries they want the international application to take effect.

Each international application is subject to international search to find out the relevant technical status known to provide preliminary and non-compulsory claims on inventions that require novelty, creativity and usefulness. Therefore, the Contracting Party designated for patent protection is entitled to apply the standards of an invention under its domestic law in relation to the known state of the art and other conditions of competence. Patent shall be decided whether to be accepted for the protection based on the application.

ANT Lawyers is a Vietnam law firm with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at (+84) 24 32 23 27 71

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Import ban on used machines hits Japan investment

HCMC - The ban on import of machineries and equipment that have been used for over 10 years has negatively affected Japanese investment activity in Vietnam.

Speaking at the opening ceremony of the international machinery exhibition MTA Vietnam 2017 in District 7, HCMC on Tuesday, Takimoto Koji, chief representative of the Japan External Trade Organization (JETRO) in HCMC, said Vietnam is an attractive destination for Japanese investors. However, the import ban on certain secondhand machinery has deterred Japanese investors from setting up shop in Vietnam.

He said when Japanese companies move their production abroad, they would bring along their used machines and equipment which are still in good condition. Therefore, Japanese firms suggested Vietnam allow businesses to freely import used machines.

The suggestion was earlier sent by the Japanese Business Association to the Ministry of Science and Technology and other ministries and agencies. According to the association, the import restriction on secondhand machinery affects business expansion and foreign investment in Vietnam.

Circular 23/2015/TT-BKHCN which replaces Circular 20/2014/TT-BKHCN stipulates that machinery, equipment and production lines that have been used for over 10 years are prohibited from being imported into Vietnam from July 1, 2016.

However, many domestic and foreign companies have described the regulation as inappropriate because many machines manufactured in Japan and the EU could be used for up to 20 years.

Circular 23 still offers some leeway for machine importers. If companies want to import over-ten-year-old machines to maintain their operation, the Ministry of Science and Technology will examine their documents and coordinate with relevant ministries and agencies to decide whether their machines can be brought into the country or not.

Source: The Saigon times

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Checks on import-export goods overlap

HCMC - Despite much improvement over time, overlapping checks by different agencies on import and export goods have led business costs to swell, according to a recent report of the Ministry of Planning and Investment.

There have been more checks than needed, putting a heavy administrative burden on enterprises, the ministry commented in the report on results of implementation of the Government’s Resolution 19 which is intended to make the business environment more favorable and improve the competitiveness of the economy.

A recent review conducted by the Ministry of Finance found there are currently 414 legal documents on State management and checks. About 30-35% of import shipments must be inspected prior to customs clearance while Resolution 19 targets only 15% this year.

The reality is that many regulations on inspections have not made State management more efficient and effective. For instance, quarantine and food hygiene rules governing meat imports have resulted in importers shouldering high inspection costs while a mere 1% of shipments have been found to violate the rules.

See more:

Conditions of Setting up Import and Export Company in Vietnam

Process Setting-up Foreign Onwed Import Export Business in Vietnam

The Ministry of Planning and Investment said it is irrational to apply same regulations to different types of livestock products imported into Vietnam. Furthermore, the Ministry of Finance issued Circular 285/2016/TT-BTC hiking fees for quarantine inspections, which has led to higher business costs.

Over the years, enterprises have struggled with food safety checks as per the Government’s Decree 38/2012/ND-CP dated April 25, 2012 detailing implementation of regulations in the Law on Food Safety.

The Ministry of Planning and Investment said a small number of ministries and agencies have closely followed Resolution 19 while many others have not heeded the resolution in the process of drafting legal documents and implementing relevant policies.

On a positive note, more localities including Quang Ninh Province and Hanoi have adopted many initiatives to bring into play the measures and policies detailed in the resolution.

To facilitate business, the Government Office, the Ministry of Finance and localities have held dialogues with enterprises to look into their concerns and find coping solutions. However, not all problems have been thoroughly addressed since the Government released the first version of Resolution 19 to improve the business environment.

“Representatives of some enterprises have expressed their disappointment that slow changes at a number of ministries and agencies have impacted the Government’s effort to make the business environment better and improve the nation’s competitiveness,” said the Ministry of Planning and Investment report.

To implement Resolution 19 effectively, the Ministry of Planning and Investment proposed the Prime Minister order the Ministry of Science and Technology to work with other relevant ministries and agencies to review and revise goods quality regulations.

The Ministry of Planning and Investment wants the ministries of finance and agriculture-rural development to consider lowering fees for quality and quarantine veterinary checks. The agriculture ministry should quickly solve problems with quarantine checks on processed livestock products imported into Vietnam as requested by enterprises.

Source: The Saigon Times

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What a Law Firm Could Assist in an M&A Deal?

M&A, abbreviated by Mergers and Acquisitions is expanding in both quantity and volume in Vietnam in many sectors. Successful M&A deals depend on various factors and legal due diligence, and drafting agreements are important processes in Vietnam.

For investors whom are interested in M&A deal in Vietnam as buyer or seller,it is important to hire a law firm that will assist in the process. The law firm in Vietnam could provide assessment of the target company through a legal due diligence, a legal background directly related to M&A deal, all of which are necessary to the completion of a successful deal. The attorney could then draft the letter of intent, and legal contracts, including the final purchase agreement, which will include a lot of stipulations that will need to be done correctly in order for the business transaction to be beneficial to both parties and in compliance with Vietnam regulations.

A law firm with expertise of Vietnam regulations, with the lawyers having experience and legal knowledge will be able to provide the clients with the right check-list of the documents to review.  In addition, the presence of lawyers contributes to strengthening the trust of the parties. In recent years, foreign businesses have often made acquisitions of all or part of a Vietnamese enterprise, and they often require the seller to engage law firms specializing in M&A. And now, not only the foreign businesses but also the Vietnamese parties are in need of conducting M&A deals with the participation of lawyers to ensure the success.

Lawyers shall conduct legal due diligence of enterprises, check reports and explanations with prudence, honesty and efficiency. They help the buyer and/or seller to understand their legal status, legal rights and obligations, legal regulations for assets, labor contracts, land records, construction and investment registration, certificates, and licenses and other matters. This is the basis for determining the status of enterprise and possible legal risks may cause. Lawyers will conduct and produce the most comprehensive, accurate, legal and objective information and legal documents by their professional, knowledgeable and ethical.

Lawyers shall advise the structure of an M&A to ensure the commercial intent that the parties are aiming and shorten the execution time and costs. In addition, it ensures the legality of procedures, safety and minimizes the legal and financial risks for the parties.

There is no common contract template for all M&A deals. Lawyers shall actualize the trade agreements, the will of the parties to the legally binding terms of the contract as well as clearly defines the rights and obligations of the parties to ensure the enforceability, minimize unlawful agreements or unclear terms that may cause the subsequent disputes.

 Source: antlawyers

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What could be assisted in an M&A Deal by a law firm?

M&A, abbreviated by Mergers and Acquisitions is expanding in both quantity and volume in Vietnam in many sectors. Successful M&A deals depend on various factors and legal due diligence, and drafting agreements are important processes in Vietnam.

For investors whom are interested in M&A deal in Vietnam as buyer or seller,it is important to hire a law firm that will assist in the process. The law firm in Vietnam could provide assessment of the target company through a legal due diligence, a legal background directly related to M&A deal, all of which are necessary to the completion of a successful deal. The attorney could then draft the letter of intent, and legal contracts, including the final purchase agreement, which will include a lot of stipulations that will need to be done correctly in order for the business transaction to be beneficial to both parties and in compliance with Vietnam regulations.

A law firm with expertise of Vietnam regulations, with the lawyers having experience and legal knowledge will be able to provide the clients with the right check-list of the documents to review.  In addition, the presence of lawyers contributes to strengthening the trust of the parties. In recent years, foreign businesses have often made acquisitions of all or part of a Vietnamese enterprise, and they often require the seller to engage law firms specializing in M&A. And now, not only the foreign businesses but also the Vietnamese parties are in need of conducting M&A deals with the participation of lawyers to ensure the success.

Lawyers shall conduct legal due diligence of enterprises, check reports and explanations with prudence, honesty and efficiency. They help the buyer and/or seller to understand their legal status, legal rights and obligations, legal regulations for assets, labor contracts, land records, construction and investment registration, certificates, and licenses and other matters. This is the basis for determining the status of enterprise and possible legal risks may cause. Lawyers will conduct and produce the most comprehensive, accurate, legal and objective information and legal documents by their professional, knowledgeable and ethical.

Lawyers shall advise the structure of an M&A to ensure the commercial intent that the parties are aiming and shorten the execution time and costs. In addition, it ensures the legality of procedures, safety and minimizes the legal and financial risks for the parties.

There is no common contract template for all M&A deals. Lawyers shall actualize the trade agreements, the will of the parties to the legally binding terms of the contract as well as clearly defines the rights and obligations of the parties to ensure the enforceability, minimize unlawful agreements or unclear terms that may cause the subsequent disputes.

Source: antlawyers

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