ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Hai, 27 tháng 9, 2021

Summary of Customs Development Strategy from 2021 to 2030


In order to create favorable conditions for export and import to ensure state budget revenue and combat smuggling of banned and toxic goods, intellectual property infringement, counterfeiting of origin, affecting national security, contributing to national security create fairness and equality in business as well as modernize the Customs sector, the General Department of Customs has issued the Draft Customs development strategy for the period of 2021-2030 to gradually build Vietnam’s Customs in accordance with the new situation.


 

The Draft Decision on Customs development strategy for the period of 2021-2030 (the “Draft”) expect to ensure the management of the State and in compliance with international commitments which Vietnam is a member. Besides, the Draft also is expected to create favourable conditions for enterprises and flexibility in management towards modernization of the Customs in the new era.

The Draft aims at the overall goal of building a regular, modern force, on par with other countries in the region and the world, towards the development of a smart customs system, propose solutions to improve efficiency in the process of carrying out customs procedures and collecting taxes effectively to create convenience for passengers and businesses. At the same time, the Draft also aims to ensure maritime security, national competition and protect Vietnam’s interests and sovereignty.

In addition, the Draft sets out the main goals for the period 2021-2030 with the smart customs model continuing to be the key goal, built in a professional direction, minimizing administrative procedures and synchronization throughout the system, applying the achievements of the Industrial Revolution 4.0 and the cooperation and facilitation of the Customs of developed countries to realize the requirements of reform and modernization of state administration towards building a digital government, E-government. In addition, the prevention of smuggling activities is still a prerequisite goal to protect the business environment in Vietnam. Moreover, the goal is to reduce the human resource apparatus, improve the capacity and qualifications of the customs force to suit the needs of innovation in customs management technology.

The Draft sets a target that by 2025, Customs will strive to complete the redesign of the customs system in the direction of digital customs while ensuring information security; to ensure 90% of applications will be processed online, minimizing manual administrative procedures; to build a paperless, simple and effective working environment. Accordingly, the Draft is expected that 80% of inspection activities will be carried out through the digital environment, the information technology system of the General Department of Customs. Along with that, the Draft would improve the efficiency of the Customs Single Window to 100% for administrative procedures and integrate it on the National Public Service Portal for easy access and implementation by businesses and people; promote the signing of international treaties on customs to create favorable conditions for domestic enterprises as well as ensure the principle of benefits for all parties.

In order to achieve the above objectives, the General Department of Customs has proposed specific solutions to improve the legal system so that the implementation is synchronized; improve management methods to prevent violations and apply information technology to gradually guide people and businesses familiar with online procedures; improve the use of technology for customs officers, step by step reduce inappropriate procedures, and put the smart customs model into the application to make appropriate adjustments to reality.

In terms of customs operations, the Draft also sets out step by step application of supply chain management models to meet current needs and research the implementation in the field of insurance and customs clearance guarantees, accelerate the inspection of goods in electronic form, reduce paperwork to the paperless stage, simplify administrative procedures, reduce waiting time at the border, implement the flow of goods, authorization to check at the border gate, apply modern technology solutions and inspection and monitoring equipment suitable to the characteristics of the border gate area, capable of integrating and exchanging data in a centralized and unified manner.

Regarding tax administration, the Draft expects to uniformly apply taxes and collection rates suitable for each type of goods, minimize the tax filing process, quickly develop tax schedules as well as clear and transparent processes, creating convenience for both payers and regulators.

Management of import and export activities, import and export of means of transport must be unified, concentrated, and minimized the handling process, cutting unnecessary intermediary stages. The Draft also aims to encourage and create conditions for people, businesses and related parties to participate in legal policy criticism, cooperate with customs authorities in law enforcement and supervision.

With this Draft, Vietnam has the prospect that by 2030, Vietnam will complete the renovation and modernization in the customs sector, including building a strong and clean customs force, as well as equipping vehicles and applying artificial intelligence technology in customs management, striving to build a customs force on par with developed countries in the region, keeping up with advanced countries in the world.

ANT Lawyers, a law firm in Vietnam with customs lawyers in Vietnam always follow up customs cases and its development to update clients on regular basis.

Thứ Hai, 20 tháng 9, 2021

The Ministry of Industry and Trade Receiving Request for Exemption from Applying Anti-Dumping and Countervailing Measures in September 2021


According to the regulations on the trade remedies in the Circular No.37/2019/TT-BCT on providing detailed regulations on trade remedy, in March and September of every year, the Trade Remedies Agency of Vietnam requires the companies which meet the conditions of exemption from apply anti-dumping and countervailing measures in the cases of AD01 (Cold rolled stainless steel products), AD02 (Galvanized steel products), AD03 and AD12 (H-Shaped steel products), AD04 (Color coated steel products), AD05 (Aluminum profiles products), AD07 (Plastics and plastic products made from polymers of propylene), AD08 (Cold rolled (cold pressed) steel in coils or sheets), AD09 (MSG), AD10 (Long yarn made of polyester), AD13-AS01 (Sugar cane), AD14 (Sorbitol).

 



Deadline for companies submitting the dossier on requiring applying for the exemption from anti-dumping and countervailing measures is before 5:00 P.M on October 09th, 2021.

Application dossiers for applying for the exemption from anti-dumping and countervailing measures:

i) A written request for exclusion from trade;

ii) A copy of the enterprise’s certificate of business registration or investment certificate;

iii) Description of the good for which the exclusion request is submitted, including scientific name, trade name, common name; basic physical and chemical properties; main uses; production process; applicable international and domestic standards and/or regulations; HS code according to Vietnam’s nomenclature of exports and imports;

iv) The document stating information about the volume, quantity and value of the imported good for which the exclusion request is submitted (in the last 03 years and in current year);

v) The written production process of the product of which input material is the good for which the exclusion request is submitted;

vi) The demand for consumption or use of the imported good for which the exclusion request is submitted (in the past 03 years and in the current year);

vii) The prescribed or estimated level of consumption of raw material which is the good for which the exclusion request is submitted;

viii) Documents or samples proving the difference between the good for which the exclusion request is submitted and the like or directly competitive products produced by the domestic industry;

ix) The document stating information about the production line and output of the good for which the exclusion request is submitted in the past 03 years and those in the current year;

x) Documents proving the demand for use of the quantity of good for which the exclusion request is submitted, including contracts signed with customers, written approvals for in-progress projects or other relevant documents.

Note: In case the company which has been granted an exemption for 2021 is about to use up the granted exemption volume, the company can submit an additional application for exemption at any time in 2021.

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.

Thứ Sáu, 17 tháng 9, 2021

Notice of Application for Exemption from Trade Remedies for Fertilizers, Billet and Long Steel Product


On March 03rd, 2020, the Ministry of Industry and Trade issued Decision No. 715/QD-BCT on extending the application of safeguard measures to the goods which are imported DAP/MAP fertilizers bear the following HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.


 

   Notice of Application for Exemption from Trade Remedies for Fertilizers, Billet and Long Steel Product

On March 20th, 2020, the Ministry of Industry and Trade issued Decision No. 918/QD-BCT on extending the application of safeguard measures to the goods which are imported billet and long steel products bear the following HS codes: 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 20th, 2020, the Ministry of Industry and Trade issued Decision No. 920/QD-BCT; on extending the application of measures to prevent evasion of trade remedies for imported coil and wire products which bear the following HS codes: 7213.91.90; 7217.10.10; 7217.10.29; 7229.90.99; 9839.10.00.

According to the regulation of Article 16.1.c Circular 37/2019/TT-BCT on November 29th, 2019, the Ministry of Industry and Trade specified some contents on trade remedy measures (Circular 37/2019/ TT-BCT) in detail. Whereby, the Trade Remedies Administration (PVTM) requests enterprises that meet the conditions to be exempted in submitting a dossier of application for exemption from the application of trade remedies in the three cases mentioned above, including: documents specified in Article 14 and Appendix 03 Circular 37/2019/TT-BCT.

According to the regulation of Articles 15 and Article 16.3 Circular 37/2019/TT-BCT, it is recommended that companies to submit their application for exemption online or directly to the Trade Remedies Department before 17:00 on October 6th, 2021.

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.

Thứ Ba, 14 tháng 9, 2021

The Ministry of Industry and Trade to Investigate the Dumping of Table and Chair Products Imported into Vietnam


On September 01st2021 the Ministry and Trade issued the Decision No.2091/QD-BCT on investigation of application of anti-dumping measures for some table and chair products holding the HS Code: 9401.30.00; 9401.40.00; 9401.61.00; 9401.69.90; 9401.71.00; 9401.79.90; 9401.80.00; 9401.90.40; 9401.90.92; 9401.90.99; 9403.30.00; 9403.60.90; 9403.90.90 origin China and Malaysia (Case code AD16) (Decision No.2091).

 


On December 29th, 2020 the Trade Remedies Authority of Vietnam received the required dossier of some domestic producers on applying anti-dumping measures of the products above. This dossier is confirmed that is valid on June 03rd, 2021.

According to the regulation on Law on Foreign trade management, Decision No.2091, and related regulations, the period of anti-dumping investigation is 12 months from July 01st, 2020 to June 30th, 2021. And the investigation period for determining damage is 03 years from July 01st, 2018 to June 30th, 2021.

The requesting anti-dumping tax of the requesting parties is 35,20% for the table, and 21,40% for the chairs products from China. The requesting anti-dumping tax is 32,40% for table and 24,90% for chair products from Malaysia.

The Trade Remedies Authority will send an investigation questionnaire to relevant parties to collect information, analyze and evaluate the allegations, including: (i) dumping behavior of the exporting enterprises of China and Malaysia; (ii) damage to the domestic industry; and (iii) a causal relationship between dumping and damage to the domestic industry.

The related organizations, individuals having importing, exporting, trading, using the investigation products should register the related parties and provide the necessary information to the Trade Remedies Authority to ensure their rights and benefit according to the regulation of the laws.

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.

Thứ Ba, 7 tháng 9, 2021

Investigation against Evasion of Trade Remedies for a Cane Sugar Products from Thailand


On June 15th, 2021, the Ministry of Industry and Trade issued the Decision No. 1578/QD-BCT on imposition of official anti-dumping and countervailing duties on cane sugar products imported from kingdom of Thailand (Case No.AD13-AS01). However, on August 25th, 2021 the Ministry of Industry and Trade received the dossier on requesting investigation against evasion of trade remedies of 06 domestic sugarcane industries.


 

According to the Decision No.1578/QD-BCT, the goods on which the official anti-dumping and countervailing duties are imposed bear the following HS codes: 1701.13.00; 1701.14.00; 1701.91.00; 1701.99.10; 1701.99.90; and 1702.90.91. The official anti-dumping duty rate is 42.99% and the official countervailing duty rate is 4.65% will be applied for 05 years since June 16th, 2021.

Until now, the exporting turnover of the products above of other countries in ASEAN (without Thailand) increases in value. The Ministry of Industry and Trade works with The Vietnam Sugarcane Association monitors the import situation and actively consults and supports the Vietnam Sugar Association as well as the domestic sugarcane industries in collecting information, data, and building request dossiers on requesting investigation against circumvention of trade remedies with cane sugar products to ensure compliance with the provisions of Vietnam’s trade remedy law.

Acts of evading trade remedies are often complex in nature, involving many matters, legal regulations and international commitments. The countries also have different regulations on this issue. In some cases, even though goods fully meet the rules of origin, they can still be considered circumvention.

According to the regulation of Article 81.1 Decree No.01/2018/ND-CP on guidelines for the law on foreign trade management on trade remedies, the Ministry of Industry and Trade confirmed that the dossier is valid. Within 45 days after the receipt of the valid dossier, the Minister of Industry and Trade shall consider the investigation based on the results of examination of dossiers of the investigating authority.

The investigation for prevention of evasion of trade remedies includes the following contents (i) Determination of actions aiming to evade trade remedies; (ii) The change of trade flows from the originating or exporting countries after the effective date of the decision on application of trade remedies and this change is the cause of such evasion; (iii) Damage to the domestic industry or the reduced effectiveness of the effective trade remedies.

The time limit for investigation of evasion of trade remedies shall not exceed 06 months since the issuance of the investigation decision.

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.

Parties could consult with international trade dispute lawyers in Vietnam for assistance in responding to Vietnam authorities.

 

Thứ Hai, 7 tháng 6, 2021

Dispute Law Firm in Hanoi


ANT Lawyers, the dispute law firm in Hanoi is located in the business center that provides convenient access to our clients. 

 


Dispute lawyers in Hanoi

ANT Lawyers works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. The range of our experience enables us to advise on various matters from the precedent-setting to the purely procedural.

The common thread in everything we do is our ability to combine both commercial and legal perspectives.  This means our clients can rest assured that, whatever the case or transaction, our lawyers have the experience to deliver legal advice and service that works in a commercial context.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

Please contact us to book your time in advance to let us provide our best service.

ANT Lawyers is a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

 

 

 

Thứ Ba, 1 tháng 6, 2021

Dispute Law firm in Ho Chi Minh City for legal service


ANT Lawyers, the Dispute Law firm in Ho Chi Minh City is located in the business center that provides convenient access to our clients.


 

ANT Lawyers works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. The range of our experience enables us to advise on various matters from the precedent-setting to the purely procedural.

The common thread in everything we do is our ability to combine both commercial and legal perspectives.  This means our clients can rest assured that, whatever the case or transaction, our lawyers have the experience to deliver legal advice and service that works in a commercial context.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

Please contact us to book your time in advanced to let us provide our best service.

ANT Lawyers is a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

 

Thứ Năm, 27 tháng 5, 2021

How Does Dispute Settlement Mechanism of WTO Work?


The dispute settlement mechanism of the World Trade Organization (WTO) is a succession of the dispute settlement rules that has been effective for nearly 50 years in the history of GATT 1947. The basic objective of this dispute resolution mechanism is to achieve a positive solution to the dispute. Vietnam is member of WTO therefore it could refer to dispute settlement mechanism of WTO in dispute against other country member.


When a dispute arises at the WTO, the parties will first conduct consultations to come up with a mutually agreed solution to resolve the case (Consultation – the stage of mediation), as usual in each case there is the participation of third parties (who are members of significant interest and desire to participate in the dispute resolution process), if they feel a significant interest in the case and should be considered by the panel. In the case of an unsuccessful inquiry, a panel of 3 to 5 members will be established and tasked with examining a particular issue in dispute on the basis of WTO rules cited by the claimant’s country.

After the establishment of a panel to review the complaint, the first thing that the panel needs to do is to set a timetable for its proceedings (Article 12.3 of the DSU). The panel procedure usually covers the contents set forth in Article 12 and Annex 3 of the DSU, including certain flexibility to ensure the quality of the report without delaying the proceedings. Setting a timetable helps the parties understand the contents and deadlines for each dispute, helping them be more proactive in presenting evidence, bases and arguments in their submitted documents.

After the hearings take place, the panel will enter the internal discussion phase (deliberation), to review the assessment of relevant legal, practical issues in accordance with the provisions of the WTO, the deliberation must be kept secret. These reports were drafted without the presence of the parties to the dispute, but only according to the content of the information provided and the comments made earlier. Individual opinions of jurors presented in a panel report shall not include the names of speakers of such opinions.

After the final report will be sent to the parties to the dispute within 2 weeks after the panel has concluded the mid-term review. Normally, every report of the panel has very large content, to facilitate the study of review by the appellate body and to quote case law, the report must show the table of contents and paragraphs which are separate numbered in the order of the report. If there is no appeal, the dispute resolution process will immediately go to the implementation stage after the DSB adopts a panel report. If there is an appeal, the case will be reviewed at the Appellate level.

It is important for Vietnam as member of WTO to be aware of the dispute settlement mechanism and fully prepared when having dispute against other country members in international trade dispute matters.

 

Thứ Tư, 19 tháng 5, 2021

How Dispute Settlement Mechanism of ASEAN Work?


As economic cooperation has expanded, having an effective mechanism to resolve disputes arising between member countries has become an essential need. Therefore, since 1996, ASEAN has started drafting a Protocol on Dispute Settlement Mechanism, and this Protocol was signed by ASEAN Economic Ministers on November 20, 1996 in Manila (Philippines).




The dispute settlement mechanism of ASEAN is built on the spirit of negotiation and mediation. At any time, Member States which are parties to the dispute have the right to choose forms of mediation. These forms may begin or end at any time. Only when the procedure for mediation  has ended, the complainant proceeded to bring the matter to the Senior Economic Officials Meeting of ASEAN (SEOM). While the dispute is in progress, if the parties to the dispute agree, mediation procedures will continue to apply.

If the consultation does not resolve the dispute within sixty (60) days of the receipt of the request, the matter will be referred to SEOM. SEOM will set up a panel or, if possible, refer the matter to the special rules and procedures team or additional for review. However, in specific cases, if deemed necessary, SEOM may decide to resolve the dispute amicably without having to appoint a panel.

SEOM will review the panel report during its discussion and give a decision to the dispute within thirty (30) days from the date the panel submitted the report. In exceptional cases, SEOM may have an additional ten (10) days in adjudicating a dispute. SEOM representatives of Member States who are parties to the dispute may be present during the discussion but may not participate in judgments of SEOM. SEOM will adjudge on a majority basis.

Member States that are parties to the dispute may appeal the judgments of SEOM to the ASEAN Economic Ministers (“AEM”) within thirty (30) days. AEM must make a decision within thirty (30) days of the appeal. In exceptional cases, AEM may have an additional ten (10) days to make a decision on dispute resolution.

ANT Lawyers is a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients. 

 


Thứ Ba, 18 tháng 5, 2021

How Probation is Regulated in Vietnam Labour Code?


Probation is an agreement between an employee and an employer on a probationary job in a certain period of time in accordance with the provisions of law. Before entering into a labor contract, the employer and the employee should go through a probationary period to determine the long-term cooperation and attachment between the parties. The probation should comply with the provisions of the Labor Code and relevant guiding documents. The Labor Code 2019 comes into force as of January 1st, 2020, a number of new regulations accordingly are issued in connection to the probation, which each company should review the matter with its labour lawyers in Vietnam for compliance.

 


Regarding the circumstances which are permitted to enter into a probationary contract, this contract is not applicable to the labor term which is below 01 month.  The Labor Code 2012 does not require that the probationary provision must be stipulated in the labor contract. Accordingly, an employer and an employee may negotiate on the probation, the rights and responsibilities of the parties during the probation period. The parties may conclude a probation contract if there is an agreement on the probation. If the probation work meets the requirements, the employer shall conclude an employment contract with the employee. From these provisions, it can be understood that the employee and the employer should make a separate probationary contract. The labor contract should be signed when the probation is completed and the employee meets the recruitment requirements of the employer. According to the latest provisions in the Labor Code 2019, the employer and the employee may agree on the probation stated in the labor contract or a separate probationary contract. If the probationary provision is stipulated in the labor contract, the employer shall continue performing the existing labor contract at the end of the probationary period once the employee satisfies the requirements. Otherwise, a new labor contract shall be entered into.

The Labor Code determined the restriction of the probation period based on the nature and complexity of the job. The probationary period previously was limited to no more than 60 days for jobs requiring a college or higher professional qualification. Currently, the probationary period is permitted to extend up to 180 days for the executives. The executives play an important role in business and operation of the enterprises, including owner of a sole proprietorship, a partner of a partnership company, chairperson or member of the Board of Member, President of a company, President or member of the Board of Directors, Director/General Director, or holder of another managerial position prescribed in the company’s charter (applicable to the enterprise with no state capital)

Another amendment to the cancellation of the probationary contract, the Labor Code 2019 removed the limitation of the right to cancel. Accordingly, during the probationary period, each party has the right to cancel the probationary contract or labor contract entered into without prior notice and compensation. On the contrary, the employee and the employer may cancel the probation if the probationary job does not meet the requirements that the parties have agreed upon under the Labor Code 2012

Probationary periods are primarily designed to test out whether both employer and employee to match each other at the start of an employment relationship. The enterprises as employers need to have a clear understanding of the principles of entering into a labor contract as well as a probationary contract to avoid potential dispute in Vietnam.

ANT Lawyers is a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.