Regulations on opening individual payment account by electronic method

 On December 4, 2020, the State Bank of Vietnam issued Circular No. 16/2020/TT-NHNN amending and supplementing a number of articles of Circular No. 23/2014/TT-NHNN dated August 19, 2014 of The Governor of the State Bank of Vietnam guides the opening and use of a payment account at a payment service supplier. Accordingly, the State Bank has supplemented instructions to open individual payment accounts by electronic method.

Banks and/or foreign bank branches that open payment accounts by electronic method must develop, promulgate and publicize the process and procedures for opening payment accounts by electronic method in accordance with regulations of the law, include at least the following steps: collect information about the application for opening a payment account as prescribed; check, compare and verify customer identification information; warn customers about actions not performed in the process of opening and using payment accounts opened electronically; provide the customer with the content of an agreement to open and use a payment account as prescribed and enter into an agreement to open and use a payment account with the customer; notify customers of the number, the name of the current account, the transaction limit through the current account and the date of commencement of operation of the checking account to the customer.

Banks and/or foreign bank branches shall evaluate on technological conditions to assess risks, determine the scope of use and decide to apply transaction limits via customers’ checking payment account by electronic method but must ensure that the total transaction value limit (debit) through that customer’s payment accounts does not exceed VND 100 million/month/customer.

Banks and/or foreign bank branches may decide to apply a transaction limit via an electronic payment account that is higher than the above limit in one of the following cases: banks, foreign bank branches apply video call to collect, check and verify customer identification information in the process of opening payment accounts to ensure efficiency such as identification and verification of customer information through face-to-face methods; banks and/or foreign bank branches apply the technology to check and compare customers’ biometric characteristics with citizen biometric data through the citizen identification database; after the bank, foreign bank branch has implemented the identification and verification of customer information through face-to-face meeting with the account holder; money transfer transactions for electronic savings and term deposits for the account holders at such banks, foreign bank branches; in cases where banks, foreign bank branches are allowed to actively debit the customers’ payment accounts as prescribed.

Opening payment accounts by electronic method specified in this Article does not apply to joint payment accounts, individual customer who is foreigner; a person who is aged between exactly 15 and nearly 18 years and does not have his/her incapacity or restricted capacity for civil acts; a person who is under the age of 15, has restricted capacity for civil acts or is incapable of civil acts as defined by the Law of Vietnam is entitled to open a current account via his/her legal representative; a person who has limited cognition and behavioral control as defined by the Law of Vietnam may open a current account via his/her guardian.

This Circular takes effect on March 5, 2021.

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 have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn: https://antlawyers.vn/library/regulations-on-opening-individual-payment-account-by-electronic-method.html

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What Are Tax Obligations of a Representative Office in Vietnam?

 Vietnam-based representative office of a foreign trader means a dependent unit of the foreign trader, which is established under the provisions of Vietnamese law to conduct market survey and a number of commercial promotion activities permitted by Vietnamese law.

Representative office of foreign trader in Vietnam has the rights and obligations in accordance with the law of Vietnam. Foreign trader is responsible before the law of Vietnam for all operations of its representative office in Vietnam.

Accordingly, representative office in Vietnam is not allowed to conduct business activities, nor carry out other activities for profit-generating purposes. The representative office in Vietnam only performs the activities for the right purposes, scope and duration specified in the certificate to establish the representative office. Besides, the representative office in Vietnam has the right to rent the head office, rent and buy the facilities and materials necessary for the operation of the representative office; to recruit Vietnamese and foreign employees to work at the representative office in accordance with the provisions of Vietnamese law; to use an account in foreign currency, in Vietnam dong of foreign currency origin opened by a foreign trader at a bank licensed to operate in Vietnam and only use this account for the operation of the representative office; to have a seal bearing the name of the representative office according to the provisions of Vietnamese law. Representative office in Vietnam can sign contracts, perform transactions with partners when authorized by the enterprise.

Hence, due to the limited scope of activities, the tax liability of a foreign representative office in Vietnam is narrower than that of an enterprise. As the representative office does not produce or trade in goods and services, it is not required to pay license fees as prescribed. Representative office of foreign trader in Vietnam is dependent unit of foreign trader, established to investigate the market and carry out some trade promotion activities permitted by Vietnamese law, does not carry out production and business activities, so it is not required to pay license fees.

The fact that the representative office has the right to recruit Vietnamese or foreign employees to work at the office is the basis for arising personal income tax obligation. At the same time, representative office of foreign organization is subject to personal income tax registration. For employees working at foreign representative office in Vietnam, the taxable incomes are based on salaries and wages. Declaring, withholding, paying taxes and settling personal income tax of employees working at foreign representative office is the responsibility of such representative office.

ANT Lawyers, a law firm in Vietnam with offices in Hanoi, Da Nang and Ho Chi Minh City could help client to set up representative office in Vietnam and advise on the compliance on regular basis.

Nguồn: https://antlawyers.vn/library/what-are-tax-obligations-of-a-representative-office-in-vietnam.html

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Vietnam Investigates and Applies Anti-Dumping Measures on Some Plastic Products from China, Thailand and Malaysia (AD07)

 On April 26, 2019, the Department of Trade Protection (PVTM) – Ministry of Industry and Trade received a dossier requesting investigation and application of anti-dumping measures for some plastic products and products by Plastic is made from polymers and propylene (“Investigated Goods”) originating from the People’s Republic of China (China), Kingdom of Thailand (Thailand) and Malaysia. The requester in the case are representatives of the domestic manufacturing industry, including two companies: (i) Hung Nghiep Formosa Limited Liability Company; and (ii) Plastic Joint Stock Company Youl Chon Vina.

On August 5, 2019, the Ministry of Industry and Trade issued Decision No. 2334 / QD-BCT on conducting investigation and application of anti-dumping measures.

What is scope of investigation in anti-dumping case AD07?

The products alleged to be dumped are products made of plastic and plastic products made from propylene polymers (also called Biaxial Oriented Polypropylene film – BOPP) imported from the above countries and dumping on the Vietnam market which caused significant losses to Vietnam’s BOPP film industry under the following HS codes: 3920.20.10 and 3920.20.91.

The period of investigation to determine dumping behavior is from July 1, 2018 to June 30, 2019. The investigation period to determine the damage of domestic manufacturing industry is from July 1, 2016 until June 30, 2019.

How to determine damages and causal relation?

The alleged dumping products are considered to be the main cause of significant losses in the domestic manufacturing industry, reflected by the decline in indicators such as utilization capacity, inventory, profits and dynamic price, price pressure…

What the investigation agency require?

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the investigating authority shall send the investigation questionnaire to the following subjects:

– The applicant submits the application for anti-dumping measures;

– Other domestic manufacturers;

– The party proposed to investigate applies anti-dumping measures;

– Importers of goods subject to investigation;

– The diplomatic mission of the country where the goods originated is investigated;

– Other stakeholders that the investigating authority deems necessary.

Within 30 days after receiving the investigation question, interested parties must provide a written answer to all questions in the questionnaire. In case of necessity or a written request for extension with reasonable reasons from interested parties, the investigating agency may extend the time limit but must not more than 30 days.

How long does the investigation will take?

Please be informed that the time limit for the anti-dumping measures imposition investigation shall be within 12 months from the day on which the decision on investigation is issued, with a possible extension up to 6 months if necessary. Interested parties could authorize law firm in Vietnam with international trade and anti-dumping specialization to respond to authorities in Vietnam.

Accordingly, after initiating the investigation, the Ministry of Industry and Trade will send the questionnaires to related parties to collect information to analyze and evaluate the alleged contents including the following acts:

+ Dumping behavior of BOPP film export enterprises of China, Thailand and Malaysia;

+ Damage of BOPP film manufacturing industry in Vietnam.

In case of necessity, from the preliminary investigation results, if found that the damage of dumping has a great impact on the domestic manufacturing industry, the Ministry of Industry and Trade may apply anti-dumping measures. The period includes import management for investigated goods, application of temporary anti-dumping duties, consultations and application of anti-dumping duties effective before.

The Ministry of Industry and Trade will conduct the verification and examine the information provided by the parties before completing the official investigation conclusion on the case. At the same time, the Ministry of Industry and Trade will also hold public consultations so that stakeholders can directly exchange, provide information and express their views on the case before making a final conclusion on the case.

Whom could respond the questionnaire and participate to cooperate?

The Ministry of Industry and Trade recommends that all organizations and individuals who are importing – exporting, distributing, trading and using goods subject to investigation be registered as a related party and provide necessary information to the Ministry of Industry and Trade to ensure their rights and interests in accordance with the law.

The Ministry of Industry and Trade may apply anti-dumping duty which is effective backward for goods subject to tax within 90 days before the application of temporary anti-dumping duty. Therefore, the Ministry of Industry and Trade recommends that organizations and individuals in the process of signing import contracts, distribution, business and use of investigated goods should pay attention to the possibility of applying anti-dumping tax. Temporary and anti-dumping taxes are effective backwards.

As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.

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Deadline for submission of AD07 case response questionnaire

 On August 5th 2019, Minister of The Ministry of International Trade and Industry issued the decision no. 2334/QĐ- BCT on the investigation of the application of anti-dumping measures on some plastics and plastic products made from propylene polymers comes from the People’s Republic of China, the Kingdom of Thailand and Malaysia (AD07). The case was initiated under investigation based on a request filed by a local manufacturing industry representative on April 26th , 2019.

Pursuant to Official Letter No. 704 / PVTM-P1 sent by the Vietnam Chamber of Commerce and Trade to all parties involved in the AD07 case on August 19, 2019, asking foreign manufacturers and exporters to conduct questionnaires. The investigation has been posted publicly on the website of the investigating authority and the Ministry of Industry and Trade or contacting the investigation office of the Department of Trade Remedies to receive the questionnaire.

After completing the questionnaire , the manufacturers and exporters related to the case AD07 send the complete questionnaire including 03 confidential copies, 03 public copies (hard copy) and 01 USB containing the soft copy of the answer. The answer is considered to be submitted on time when the Investigation Agency receives all hard and soft copies before 4:30 pm on September 25, 2019 (Hanoi time). Investigating agencies request stakeholders to answer and carefully study the instructions in the questionnaire before answering and submit the questionnaire within the prescribed time limit. Beyond this period, all questionnaires submitted to the investigating authority are not considered valid.

In the event that the investigating authority does not receive the timely response or the information provided incorrectly, incompletely as required, the investigating authority will apply the provisions of Article 10 of Decree 10/2018/ ND- CP on related parties not cooperating in trade defense cases.

As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.

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Tax Obligations of Representative Offices in Vietnam

    Foreign entities have found Vietnam as an increasing attractive destination for investment. They could consider entering Vietnam in various forms, including setting up representative offices.

“A representative office is a dependent unit of the enterprise, having the task of representing under authorization the interests of the enterprise and protecting such interests” (Clause 2 of article 45, Law on Enterprises 2014). “Representative office shall perform the functions of liaison offices, market surveys, promotion of business opportunities for tr
aders they represent, excluding those in which the establishment of representative offices in that field, it is stipulated in specialized legal documents” (Article 30 – Decree No.07/2016/ND-CP decree detailed regulations on establishment of representative offices or branches of foreign traders in Vietnam under Laws on Commerce).

A representative office is a dependent unit of a foreign enterprise in Vietnam, and it acts under the authorization of foreign enterprises. Representative office shall not conduct business activities therefore, the tax obligations of the representative office are limited, such as:

Firstly, as representative office does not involve profit making activity, hence there are no Value Added Tax, Corporate Income Tax, Annual Due incurred.

Secondly, representative office has to register its tax code, to deduct and pay Personal Income Tax on behalf of its employees working in the representative office or deduct and pay contractor taxes for foreign sub-contractors (if any).

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 have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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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 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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Regulations on Investment in Telecommunications Services in Vietnam

    The field of telecommunications has appeared in Vietnam for more than 30 years and has helped the business environment and social life of Vietnam to develop. The process of liberalizing the telecommunications sector in Vietnam has led to the expansion of the telecommunications network and has become an attractive field for investors to set up company in telecom service, internet service, or join with Vietnamese partner on business cooperation contract in the same fields.

Currently, telecommunications services are not just telephones and telex, but variy with many types from simple to complex such as audio, video, data transmission services,… Besides the conveniences brought in life, telecommunications services have really become one of the important infrastructures of the economy. However, Vietnam government also impose certain requirements on foreign investors entering Vietnam in this sector.

Specifically, at present, foreign investors can only participate in investments in the form of joint ventures or business cooperation contracts with Vietnamese enterprises to provide telecommunications services. However, for the provision of services with network infrastructure, the partner in which the investor joins the joint venture must be a licensed telecommunications service provider in Vietnam. In addition, foreign investors are also limited on the percentage of charter capital in joint ventures. Accordingly, for services without network infrastructure, foreign investors own not more than 65% of charter capital and for services with network infrastructure, foreign investors do not own more than 49% legal capital of the joint venture.

On the other hand, foreign investors participating in business cooperation contracts will be able to sign a new agreement or switch to another form of presence with conditions no less favorable than those they are currently receiving. Furthermore, an organization or individual that already owns more than 20% of the charter capital or shares in a telecommunications enterprise may not own more than 20% of the charter capital or shares of another telecommunications enterprise doing business in the same company a market for telecommunications services.

Therefore, if the investor meets the above conditions, the investor will carry out the procedures for establishing an economic organization. Like other foreign-invested organizations, the establishment will go through two stages: investment registration and business establishment. For foreign investment projects in the business of telecommunications services, it is necessary to receive the investment approval of the Prime Minister. Accordingly, the investor submits the application for approval of the investment policy of the investment project to the investment registration agency and within 03 working days from the date of receipt of the complete dossier, the investment registration agency submit the application for appraisal opinions of the Ministry of Information and Communications. Within 15 days from the date of receipt of the dossier, the Ministry of Information and Communications shall give its appraisal opinions on the extent under its state management and send it to the Ministry of Planning and Investment. Within 40 days from the day on which the application is received, the investment registration agency shall organize the appraisal of the dossier and make an appraisal report and submit it to the Prime Minister for approval of the investment policy. After receiving the approval of the investment policy, the investor proceeds to establish the business as domestic entities.

The telecommunication services are subject to strong regulations hence the conditions for foreign investors to invest and set up company in telecommunication services or take part in providing telecommunication services are also relatively complicated. Therefore, investors are suggested to undertake research on telecommunication regulatory specific to their business with the help of telecommunication services lawyers to make the investment effectively.

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 have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Da Nang.

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Vietnam Initiates the Investigation on Anti-dumping to Polyester Filament Yarns

      On April 6 2020, Minister of Ministry of Trade and Industry (MOIT) signed the Decision 1079/QD-BCT on investigating and applying anti-dumping measures to some products made of polyester filament yarns originated from People’s Republic of China, Republic of India, Republic of Indonesia and Malaysia. Related parties may by themselves or authorize to experienced law firm in Vietnam on international trade to work with Trade Remedies Authority of Vietnam to cooperate.

Who are Requesters of Anti-dumping Investigation in Vietnam?

The Requester is 03 (three) companies including (i) Vietnam Petrochemical and Fiber Joint Stock Company (ii) Formosa Industries Corporation (iii) century synthetic fiber corporation. In which, production of Requester and Supporter take 67,4% total similar production produced domestically and there is no domestic producer oppose the case.

What Imported Products under Anti-dumping Investigation in Vietnam?

The products under investigation of AD10 are some products made of polyester filament yarns with following HS code: 5402.33.00, 5402.46.00 and 5402.47.00 originated from People’s Republic of China (China), Republic of India (India), Republic of Indonesia (Indonesia) and Malaysia.

What are Duty Levels Proposed by Requester?

Countries/territories of origin

Proposed duty

China

17,0%

India

54,9%

Indonesia

60,6%

Malaysia

6,4%

How to Determine Damage and Causal relationship in Anti-dumping Case?

Products which are supposed to be dumped are the reasons leading to the significant damage of domestic industry:

-An excessive increase regarding the imported production of products originated from China, India, Indonesia and Malaysia.

-Signs of the price difference, the price of imported products are always considerably lower than the sale price of domestic industry.

-Decrease in profits and gross profit margin, production, coefficient of using capacity of domestic industry, whilst the market share of similar products from China, India, Indonesia and Malaysia is increasing.

The causal relationship: The dossiers of Requester proved that there is a causal relationship between dumping imported products and significant damage of domestic industry.

How to Register as Interested Parties in Anti-dumping Case?

According to Article 74 Law on foreign trade management, interested parties in the case include:

a) Overseas organizations and individuals that produce and export products under consideration to Vietnam;

b) Importers of products under consideration;

c) Foreign associations whose majority of members are organizations and individuals producing and exporting products under consideration;

d) The Government and competent authorities of the exporting country of product under consideration;

dd) Organizations and individuals that submit the application for the trade remedies;

e) Domestic producers of like products;

g) Domestic associations whose majority of members are producers of like products;

h) Other organizations and individuals that obtain legal rights and interests related to the investigated cases or facilitate the investigation or representative organizations of protection of customer rights.

Accordingly, organizations and individuals must register and be accepted by Investigating Authority to become Interested Parties in case.

Organizations and individuals can register with Investigating Authority as Interested Parties in case according to Application form for registration as interested parties and send them to Investigating Authority at the below address by the following methods: (i) Official dispatch and (ii) email within 60 working days from the day on which the decision on investigation takes effect (April 06th, 2020).

In order to ensure their rights and interests, the investigating authority recommend that organizations and individuals that produce, import or use the investigated goods register as interested parties to exercise the right to access information, provide information and express opinions during the investigation of the case.

What Investigation Questionnaire Refers To?

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the Investigating Authority shall send the investigation questionnaire to the Interested Parties, including:

i).The applicant requests for application of anti-dumping measures;

ii).Other domestic manufacturers which Investigating Authority knows;

iii).Parties requesting for application investigation of anti-dumping measures which Investigating Authority knows;

iv).Importers of goods under investigation;

v).Diplomatic authorities of the country where the origin of goods under investigation;

vi).Other interested parties deemed necessary by the Investigating Authority.

Within 30 days after receiving the investigation question, Interested Parties must provide a written answer to all questions in the questionnaire. In case of necessity or a written request for extension with reasonable reasons from Interested Parties, the Investigating Authority may extend the time limit but it must be not more than 30 days.

Please be informed that the time limit for the anti-dumping measures imposition investigation shall be within 12 months from the day on which the decision on investigation is issued. In special case, Investigating Authority can determine other time limit for investigation but it shall not be less than 6 months.

Our competition lawyers at ANT Lawyers, international trade and taxes will always follow up with development from authorities to provide update to clients on anti-dumping cases.

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What is Value-added Tax Reduction Policy in 2022?

 In order to stimulate growth and recover the economy after the impact of the Covid-19 pandemic, the Government has issued a policy to reduce value added tax. The reduction of value-added tax is an effective solution and tool to stimulate consumption and is expected to create a driving force for rapid development to help businesses restore business and production.

The value-added tax reduction policy has been promulgated by Decree 15/2022/ND-CP stipulating the tax exemption and reduction policy according to the National Assembly’s Resolution No. 43/2022/QH15 on fiscal and monetary policies currency to support the program of socio-economic recovery and development. Accordingly, value added tax will be reduced from 10% to 8%. This reduction will create conditions for consumers to increase spending, through which businesses will sell more products.

The value-added tax reduction will be applied to groups of goods and services currently subject to the 10% tax rate, except for the following groups of goods and services: (i) Telecommunications, financial and banking activities commodities, securities, insurance, real estate trading, metals and prefabricated metal products, mining products (excluding coal mining), coke, refined petroleum, chemical products; (ii) Products, goods and services subject to excise tax; (iii) Information technology under the law on information technology. However, if the goods and services are not subject to value-added tax or subject to value-added tax of 5% according to the provisions of the Law on Value-Added Tax, the provisions of the Law on Value-Added Tax shall be applied and not entitled to value added tax reduction.

It is important to note the value-added tax calculation method to apply. Accordingly, if the enterprise calculates value-added tax by the deduction method, the value-added tax rate of 8% shall apply; and in case the enterprise calculates value-added tax according to the percentage method on sales, collected, it will be reduced by 20% of the percentage rate for calculating value-added tax when issuing invoices for goods and services eligible for value-added tax reduction as prescribed.

The value-added tax reduction will be implemented quickly and businesses and consumers will immediately benefit. This tax reduction is expected to help reduce the cost of products and services, thereby stimulating consumer demand. Besides, it will help increase production output of enterprises and create more jobs for workers. Therefore, the reduction of value added tax is considered necessary solutions to promote the economy to recover soon after a long time affected by the pandemic.

The value-added tax reduction policy will be effective from February 1st, 2022 to the end of December 31st, 2022. Previously, value-added tax was only reduced for a few specific products, but with this policy, the object of tax reduction has been expanded in most fields of business and production. Therefore, the impact of this policy on the economy in the future is very large. However, in order for the value-added tax reduction to reach consumers, tax authorities need stricter inspection and control to meet the set goals. When in doubt, it is important to consult with tax lawyers for solutions and advice.

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Solutions to Identify Counterfeit Goods and IP Violations from the Experience of Korea

     Currently, counterfeit products and product infringing intellectual property rights happening in Vietnam are very popular and diverse in types. This situation not only affects domestic production and trade but also has a negative impact on close business partners of Vietnam, including Korea. In many cases, the infringed parties have been seeking help from IP lawyers in Vietnam for advice.

With cultural compatibility, Korean products such as fashion, home appliances, cosmetics, and functional foods are very popular and widely consumed in Vietnam. Therefore, with the quick grasp of this trend, the products of Korean enterprises have become the subject of counterfeiting. Besides, with the development of e-commerce channels, these counterfeit products quickly reach consumers, affecting the interests of consumers in Vietnam and Korean enterprises.

Moreover, with technology, forgery is increasingly done in a very sophisticated way from the packaging, share, and the color of the counterfeit products. Therefore, without a method of comparison and inspection, it is difficult for consumers to detect the product as a fake. This causes great damage to Korean enterprises not only the market share, but also the value of reputation and intellectual property rights being violated.

Besides, the Covid-19 pandemic makes people in Vietnam more inclined to buy goods online. This is an opportunity for individuals and organizations that counterfeit products to easily reach out to consumers without being detected and punished.

In addition, although Vietnam has a mechanism to enforce intellectual property rights, these regulations have not been thoroughly applied. Therefore, many individuals and organizations making counterfeit goods and infringing intellectual property still continue to violate without being caught. Meanwhile, consumers still have to pay to use bad quality products.

With the support of Korean businesses, Vietnam authorities will continue to improve their capability in identifying counterfeit goods and goods infringing on intellectual property. Therefore, an exchange between Korean businesses and the General Department of Market Management of Vietnam is necessary in providing methods to detect counterfeit goods and intellectual property violations for Vietnam agencies to exchange support, raise awareness of intellectual property rights protection, and provide information on intellectual property rights for Korean businesses in Vietnam. It is expected that Vietnam intellectual property enforcement agencies improve their efficiency in identifying, preventing, combating and handling counterfeit and infringing goods in Vietnam to protect consumers and company in creating an encouraging investment environment in Vietnam, for Korean investors to enter Vietnam for setting up company, factory and do business in Vietnam.

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Public Consultation on the Investigation of the Application of Anti-circumvention Measures Against a Cane Sugar Products

 The Ministry of Industry and Trade hold a public consultation session on the investigation of the application of anti-circumvention measures against a number of cane sugar products (Case No.AC02. AD13-AS01) on March 09th, 2022 (Hanoi time), in the online platform.

On September 21st, 2021, the Ministry of Industry and Trade issued the Decision No.2171/QD-BCT on the investigation of the application of anti-circumvention measures against a number of cane sugar products.

According to the regulation on Law on Foreign trade management, the related parties of the investigated case may send the investigating authority the information and opinions related to the cases in writing. The inspecting authority shall give an opportunity to interested parties for the consultation in case of the written request. Before the final determination of investigation is disclosed, the investigating authority can organize the public consultation in manner that interested parties can present information and opinions related to the case.

The related parties could register to take part in the public consultation and send the questions for the consultation before 17:00 on March 07th, 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 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.

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 have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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Notice of Receipt Application for Exemption from Anti-dumping and Anti-subsidy Measures in Mar 2022

  On November 29th, 2019, the Ministry of Industry and Trade provided guidance on a number of extent on trade remedy measures under Circular No. 37/2019/TT-BCT for which Trade Remedies Authority requires enterprises that meet the conditions to be exempted to submit a dossier of application for exemption from anti-dumping and anti-subsidy measures for the specific cases.

Regarding the dossiers of application for exemption from anti-dumping and anti-subsidy measures, the Trade Remedies Authority requires enterprises to provide all documents specified in Article 14 and Appendix 03 of the Circular No. 37/2019/TT-BCT.

In addition, for enterprises that have been granted an exemption for 2022 and are about to use up the granted exemption volume, enterprises can submit an additional application for exemption according to the provisions of Clause 4, Article 16 of Circular 37/ 2019/TT-BCT at any time in 2022.

The relevant parties must submit the application for exemption via online public service portal before 17:00 April 11th, 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 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.

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 have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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New Regulations of Intellectual Property Law in 2022

 Intellectual property is currently playing a very important role in Vietnam and other countries around the world. With the participation in Trade Agreements and market expansion, the regulations on intellectual property have had many positive changes towards the protection and promotion of intellectual property rights and in line with the general trend of countries.

Intellectual property rights are the rights of organizations or individuals to trademarks, inventions, designs or other forms of creation. Currently, intellectual property rights are recognized as an asset class, which can constitute corporate assets. Popular groups of intellectual property today include: (i) Copyright; (ii) Inventions; (iii) Industrial design; (iv) Trademarks. These are objects created by thinking, mental labor, cognitive activities of people and protected by law.

Currently, intellectual property rights are governed by the 2005 Intellectual Property Law, which was amended and supplemented in 2009, and 2019. These are efforts in changing Vietnam’s legal system in raise awareness and perfect the legal system on intellectual property of Vietnam. Up to now, the Intellectual Property Law has created a legal corridor for organizations and individuals to establish and protect intellectual property rights, contributing to encouraging creative activities, and enhancing the value of intellectual property, wisdom. However, after 17 years since its promulgation, the Law on Intellectual Property has also arisen problems, inadequacies and incompatibility to ensure the implementation of commitments on intellectual property in trade agreements to which Vietnam is a member.

To implement the above guidelines and policies, the National Office of Intellectual has coordinated with relevant agencies to change and supplement regulations on intellectual property accordingly. Accordingly, the content of amendments to the Intellectual Property Law focuses on important groups of policies with about 100 amended and supplemented articles. Therefore, obstacles and inadequacies such as regulations on licensing of patents, industrial designs, layout designs and plant varieties are the result of scientific and technological tasks using the state budget; regulations relating to procedures for registration and establishment of intellectual property rights and validity of protection titles; regulations on security control for inventions before registration abroad; on compensation to patent owners for delays in marketing authorization of pharmaceutical products; on sound trademark protection; on geographical indication management; on liability for copyright and related rights for enterprises providing intermediary services.

In addition to the Draft of Intellectual Property Law, the Draft Circular is also proposed to stipulate economic – technical norms for a number of public services funded by the state budget, including training and retraining services on Intellectual Property, the service of confirming the validity of international registration of trademarks protected in Vietnam.

Moreover, the National Office of Intellectual also implemented the reform and modernization of the information technology system, reducing the burden of administrative procedures, internal processes to handle administrative procedures; actively review and evaluate administrative procedures and develop a plan for decentralization and simplification of administrative procedures in the field of intellectual property; organize the collection of fees and charges via commercial bank accounts and issue receipts of electronic fees and charges. In addition, the information synchronization for the Government’s National Public Service Portal is also interested in development.

The new Draft Law on Intellectual Property has many additions and adjustments in accordance with practical requirements and is expected to take effect, which will help solve problems that still exist. However, in order to ensure that the enforcement of intellectual property rights is effective and meets the set requirements, businesses need to pay attention and comply well with legal regulations.

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 have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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What To Do When the Trademark Certificate is Misplaced?

Trademark is a type of asset of individual and organization. To be officially recognized as an owner of that trademark, the applicant needs to submit the trademark registration dossiers to National Office of Intellectual Property in Vietnam (NOIP), pay the examination fee and certificate issuance fee to receive the trademark certificate.

The trademark owner needs to have the consciousness of protecting the trademark certificate. However, if unfortunately, the trademark certificate is misplaced, lost or damaged, torn, stained or faded out that it can no longer be used, the trademark owner may submit the dossier to NOIP to request for regranting the trademark certificate.

The specific required documents for re-granting the trademark certificate are:

-The declaration for regranting the trademark certificate;

-01 mark specimen;

-Power of attorney (if submit the dossiers via IP agent).

NOIP will consider the dossier within 01 month from the date of submitting. In case the dossier satisfies the provisions of law, NOIP will issue the decision to regrant the trademark certificate and record into the National Register of Industrial Property. The information in the duplicate version of the trademark certificate will present sufficiently the information in the first-granted trademark certificate and attached with the phrase “regranting version”.

In case of request for regranting the trademark certificate does not meet the provisions of law, NOIP will issue the denied decision and clearly sates the reasons.

If the client needs any other information or requires for further advice, our IP attorney at ANT Lawyers, the IP agent in Vietnam will be available for service.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

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Intellectual Property and Trademark Registration in Vietnam

Trademark is a sign for consumers to identify the goods or services of each company from those of others.

In Vietnam, many businesses today have not paid sufficient attention to trademark protection. Only when their trademarks would be infringed by other companies or competitors, they really concern to protect their trademarks and business through trademark registration, trademark opposition or take further actions. Such situation will negatively impact the business financially.

Trademark in Vietnam

Trademark rights will be protected within the national territory, therefore when a trademark has been registered in Vietnam, it will be protected in Vietnam. If one company wishes their trademarks to be protected in other countries, it could:

-Directly register in each country or

-Register via the Madrid International registration by filing a single application which indicates the registrations at respective countries.

If registered under the Madrid International, firstly, trademarks must have been submitted trademark applications or have registered in Vietnam, depending on whether the country for protection is under the Madrid Protocol or the Madrid Agreement.

Law on Intellectual Property and its related documents could also be referred to for further information.

ANT Lawyers’ services in the field of trademark registration advice covers:

-Look-up, assess and consult possibilities to register trademark in Vietnam and abroad;

-Represent clients in applying for certificates of trademark registration, record modification, extend degree of trademark protection in Vietnam and abroad;

-Evaluate the effectiveness of the certificate of trademark registration and the possibility of trademark rights violation;

-Implement of the protected trademark rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;

-Negotiate, draft, evaluate and register the of changing trademark ownership in Vietnam and abroad;

-Advise on building strategies, brand development;

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers Foreign Investment Practice or contact our Law firms in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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