Regulation On Imposing Anti-Dumping Duty under Vietnam Laws

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

Anti-dumping Law firm in Vietnam 

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

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

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

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How do you get an idea patented?

While an idea is not eligible for patent protection, most reproduceable inventions are. If you have created something new, novel, and reproduceable, chances are that your creation is eligible for legally enforceable intellectual property rights protection.

Vietnam patent 

It’s important to understand that not all creations are treated the same under the law. If you’re an artist, author, or musician and you’ve created an original work of art or authorship, your work isn’t patentable. Instead, you’ll want to register the copyright for your work (which is created as soon as your work is fixed in a tangible form) with the U.S. Copyright Office. If your business has developed a branding tool, such as a graphic, logo, phrase, original domain name, etc. then you’ll need to register your original trademark with the United States Patent and Trademark Office. However, if your novel and reproduceable creative work is a manufactured product, process, machine, product design, or plant species, that work may be patentable.

Source: Quora

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Temporary residence card for foreigner in Vietnam

If the foreign investor, the employee needs to reside in Vietnam to be able to facilitate the implementation of investment, labor contract, the investor and the employee needs to have the company sponsored and proceed to apply Temporary residence card in accordance with the purpose of residence in Vietnam.

Temporary residence card is a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside for a limited period of time in Vietnam and is valid for visa replacement. When a temporary residence card is available, the foreign investor or worker will present a temporary residence card instead of a visa when entering, leaving Vietnam and is legally residing in Vietnam.

To avoid administrative fines or deportation for violations of the law on residence in Vietnam, foreign investors and employees need to follow procedures for applying for a temporary residence card suitable for the purpose of entry (symbol visa). Investors, employees who have appropriate entry visas (DT or LD visa) will be considered by the Immigration Authority to grant a temporary residence card.

For the application for a temporary residence card that requires the investor, the employee needs to have all business documents, proving that it is eligible to sponsor a foreigner and enter the country for the right purpose. Request a Certification of exemption from a work permit, work permit, entry visa for the right purpose, legal residence address in Vietnam.

When all of the above conditions are met, investors and employees shall carry out the procedures for applying for temporary residence cards in Vietnam so that they can reside, leave and enter in accordance with law. The duration of the temporary residence card is issued pursuant to the purpose of entry and the proposal of agencies, organizations and individuals. The temporary residence card is from 1 to 5 years but shorter than the passport duration by at least 30 days, specifically:

– Temporary residence cards with symbols NG3, LV1, LV2, ĐT and DH are valid for no more than 05 years.

– Temporary residence cards with symbols NN1, NN2, TT are valid for not more than 03 years.

– Temporary residence cards with the symbol LD and PV1 are valid for no more than 02 years.

When the temporary residence card expires, the foreign individual will be considered to request the sponsored company to apply for a new temporary rresidence card.

Immigration lawyers at ANT Lawyers – Law firm in Vietnam will be capable to assist clients on visa application and working with immigration departments in Vietnam to help clients. The changes of laws will be monitored by ANT Lawyers.  For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529.

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What are the limits as to what can be trademarked?

There are certain limits to get a trademark registration. Here we can understand that what can be a trademark or what can’t be a trademark. First of all you should remember that, if a brand name is not a part of trading than the word can’t be a trademark, it means the trading is the compulsory to get a trademark to be registered. In a simple words we can say;

Trademark protection in Vietnam 

-A trademark can be a name, symbol, shape, colour, tunes and packing of products.

-A Trademark should not be a generic name, it means trademark should be an invented or coined.

-A Trademark should not contain the words related to religious sentiments.

-A trademark should not be conflicting trademarks with others. It means the trademarks should not create confusion between two trademarks.

-A Trademark that discrib the good or service and give the consumer an idea about the quality, quantity or geographic origin of the particular good or service. Descriptive trademarks cannot be registered.

Apart of all above there few more criterias that should be consider before filing a trademark. Therefore you should contact to your attorney.

If you are looking for an IP attorney, but are concerned about the typical costs associated with the traditional legal search, you should visit ANT Lawyers where we work to trim those costs. We will match you with an experienced IP attorney in Vietnam for a free, no obligation consultation. Hope this helps.

Source: Quora

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Vietnam and Japan Signed 12 Cooperation Agreements

The Secretary General of Liberal Democratic Party of Japan, the President of Japan – Vietnam Friendship Parliamentary Union- Nikai Toshihiro, on January 12^th, 2020 met with the Vietnam’s Prime Minister- Mr. Nguyen Xuan Phuc in Hoi An to discuss economic, cultural and tourist exchange topics.

At the meeting, the representative of Vietnam welcomed the Japanese delegation to come and exchange of economic, cultural and tourism exchanges of the two countries. The representative of Vietnam affirmed that Vietnam appreciate the cooperation with Japan, especially in economic matters. At the moment, Japan is the top country with FDI in Danang in particular and Vietnam in general. The Japanese investors set up company, obtain investment registation certificate and invest in various business lines including IT, trading, real estate, design consultancy, engineering. Based on the cooperation between the countries, Vietnam and Japan have achieved many positive effects on the economy, education, culture, social security.

The representative of Vietnam confirmed that the relationship between the countries developed into many fields as “extensive strategic partnership for peace and prosperity in Asia” established in 2014, in which, Japan always is the trustful, important partner of Vietnam.

The representative of Japan expressed his pleasure to visit Vietnam in the beginning of  2020. He said that the organization of the delegation has the largest scale ever with more than 1,000 delegates, and diverse members from National Assembly deputies, representatives of ministries, branches, local leaders, businesses and people of Japan showed high interest and consensus within Japan from the National Assembly, the Government, localities, business community and people towards strengthening and deepening friendly and cooperative relations with Vietnam in the coming time.

By this meeting, the representatives of the two countries witnessed the signing and exchange of 12 cooperation documents, memorandums of understanding between ministries, branches, localities and businesses of the two countries. By these cooperation documents, the two countries hope that in the future, they will cooperate more together in all aspects of culture, education, economy and society to realize their construction goals and develop the countries.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

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What cannot be registered as trademark?

A trademark has to have one basic feature that is it should be unique and create a brand identity for a product. So if a trademark is such that does not create any brand for a product can't be trademarked. A trademark should not be a conflicting trademarks with others. It means the trademarks should not create confusion between two trademarks. In general,

Trademark protection in Vietnam 

-Generic words can't be trademarked. For example you can't trademark the words like TV, Fridge, scooter, car etc.

-The names of the cities and countries can not be trademarked.

-The names of Gods and Godesses and the names of religious books can not be trademarked. For example you can't trademark *Lord Ram* or *Ramayana*

-Surnames can not be trademarked under normal circumstances. For Example you can't trademark *Sharma*

-Names of Constitutional Posts or Government posts can't be trademarked. For examples you can't trademark *Prime Minister of Vietnam

-Words which denote illegal or Immoral acts can't be trademarked. For example you can't trademark *Let's cheat* or *Let's grope*

-Words which are prohibited under names and emblems act can't be trademarked. For example, you can't trademark the official sign of Government of Vietnam.

Hope this helps!

Source: Quora

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M&A Foreign Capital Dominates, Pouring into Education

Foreign investors are interested and want to invest in Vietnam education market.

Foreign direct investment (FDI) into education sector from August 2018 – the time when Decree 86/2018/ND-CP takes effect – reached 97 million USD in October 2019, of which M&A activities, in particular buying shares in education sector accounted for 37%.

This figure shows that foreign investors are more interested in a more collaborative strategy to reduce risks in education investment.

Regarding the trend of attracting foreign capital into Vietnam’s education market, FDI into this field will continue to increase, in which the trend of cooperation is a key strategy.

In 2018, the education sector had two important Decrees: Decree 135 and Decree 86. These two decrees have simplified conditions for investment in the education sector for both domestic and foreign investors.

In particular, Decree 135 has simplified the legal and operation requirements, shortened administrative procedures, while Decree 86 has reduced the requirement for personnel and increased the enrollment limit for Vietnamese students.

Overall, education accounts for less than 2% of total FDI into Vietnam. High tax costs, personnel requirements, minimum required capital for foreign investment, besides a complex approval process are some of the significant barriers for foreign investors.

It is still too early to fully assess the impact of Decree 86, but it can be seen that the level of foreign investors’ interest in Vietnam’s education market has increased significantly.

Before the effective date of Decree 86, foreign investors faced many barriers when investing in education, such as limiting the percentage of Vietnamese students: 10% for primary school and 20% for high school level. International schools in Vietnam therefore depend heavily on the enrollment of foreign students.

After this Decree came into effect, international schools took advantage of opportunities and promoted the enrollment of Vietnamese students. This move has certainly affected the attraction of foreign investors considering the attractive opportunities of the international education market in Vietnam.

The number of international schools in Vietnam with affordable tuition is quite limited, but often, schools with small and old campuses and basic facilities will have a modest tuition fee. ExpatFinder’s latest international school fee survey shows that the average annual tuition of international schools in Vietnam is 17,940 USD, ranking 13th in the world and 5th in Asia. Countries with higher fees may include China, Singapore, Hong Kong and Australia. However, there is always a significant source of demand for international schools in Asia, because this is the stepping stone for their children to apply for prestigious universities in the Western countries.

In addition, the recruitment needs of children from foreign experts in Vietnam are also increasing. Vietnam will attract more FDI after the signing of trade agreements and become an ideal alternative destination for multinational companies in the context of the US-China trade war.

The number of foreigners working in Vietnam will increase, bringing with them their families, thereby creating a significant demand for international education, especially in cities that attract a lot of FDI. In 2018, Vietnam had more than 320,000 foreign workers, an average increase of 8% per year since 2008. A survey of HSBC’s foreign workers in 2019 showed that Vietnam rose from the 19th position to 10th on the ranking of countries with “attractive working and living environment” because of low living costs and rising incomes.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

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Which area of business foreign investors could invest in Vietnam?

Recently, Vietnam has been an attractive investment destination to foreign investors thanks to the social-economic innovation policy from the early 80s of the twentieth century to the present. The economic, political and social situation always keeps stability and achieves remarkable developments, establishing trade relations with most countries in the world. Especially, Vietnam Government has been focusing efforts to improve the investment and business environment, which is favorable for not only domestic investors but also foreign investors. The Government has been issuing policies to improve the business environment, support business development and take decisive actions through resolutions and legal documents.

Set up business in Vietnam

In addition to continuing to implement incentive policies to attract foreign investment such as corporate income tax exemption and reduction, import tax exemption for a number of industries, exemption from rent and land use,…the Government is also committed to reform administrative procedures to simplify procedures, create the best conditions for investors, and opening the economy for foreign investors.

Foreign investors, when investing in another country, must identify their business lines and areas of business, and consult with experts or Vietnam lawyers whether that business line is subject to any special conditions. There are areas with out conditions of investment and but there are also industries that are restricted from doing business under strict conditions, and even prohibiting business in specific professions on purpose.

In Vietnam, the investors of Vietnamese are free to do business in area which which is not in the list of prohibited. For foreign investors, the business lines allowed to invest are considered based on Vietnam’s WTO Commitments on Trade in Services and the Agreements signed between Vietnam and other countries. After that,  business conditions in each specific industry to foreign investors will be applied.

General conditions applied to domestic and foreign investors are that investors are entitled to carry out business investment activities in industries and trades which are not prohibited by laws. The industries and trades banned from business investment include: trading in narcotic substances; trading in some toxic chemicals, precursors, minerals; trading in specimens of wild plants and animals according to the provisions of Appendix 1 to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; specimens of endangered, precious and rare wild animals and plants of Group I originated from nature according to the provisions of the Investment Law; trading in prostitution; buying and selling people, tissues, body parts; business activities related to asexual reproduction on people; and trading in firecrackers.

Apart from the above-said prohibited business and investment lines, the remaining industries and trades are divided into conditional business lines and common business lines. For common business lines, investors can freely invest without barriers. By contrast, conditional business lines impose conditions that must be met if organizations wish to invest. Understanding the business lines is the first step for investors to enter the Vietnam market and consulting with Vietnam lawyers would help investors make informed decision for their business plan in Vietnam.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

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M&A Legal Services in Vietnam

Business and legal issues today are intertwined as never before.

The increasing globalisation of competition, the rise of emerging markets including Vietnam, the persistence of volatility, and the sharp increase in global regulatory scrutiny are some of the many factors that have led to an increase in strategic transactional activity—including acquisitions, disposals, mergers, strategic alliances, restructurings, spinoffs, IPOs, and joint ventures in Vietnam.

M&A Legal Services in Vietnam

From a business point of view, today’s environment is more complex, more competitive, and more fast-paced than ever. From a legal point of view, it has never been more important to get the due diligence, tax, structuring, compliance and contracts right, from start to finish. And in this competitive environment, timing is more critical than ever.

That’s why it makes sense to work with a legal network whose service offering is embedded within the powerful capabilities, sector exposure, and footprint of a global business services leader. One who can quickly mobilise a co-ordinated, integrated, highly effective team to help you gain maximum value from your deal.

Innovative, business-focused legal solutions

ANT Lawyers’ legal services bring the best of both worlds to your strategic transactions.

We offer a wide array of integrated legal capabilities, along with deep cross-border deals experience, and the international and Vietnamese proficiency of M&A-focused corporate lawyers,

Whether you are working on the sell side or the buy side, cross-border or nationally, or on a small, midsize or large deal, we offer a full complement of transaction-focused legal services, including world-class due diligence, tax and legal structuring, contract negotiation, regulatory documentation, and advice on management-team incentive schemes.

One network, one global team: A seamless, co-ordinated approach

Our M&A lawyers work alongside leading practitioners from other divisions in tax, transactions, human resource services, corporate finance, investment funds and financial services regulation. Working as a single team, we can bring you innovative, integrated, commercially focused solutions to some of the most challenging business issues a company can face.

From letter of intent to the closing of the transaction, we maintain a rigorous focus on two things: the successful execution of every aspect of your deal, and capturing the maximum value for your organisation.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

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What is the advantages and the disadvantages of licensing contract?

Licensing of industrial property rights (Licensing) is one of the legal measures to transfer technology. In accordance with Law on Intellectual property in 2005 (amended, supplemented in 2009), licensing of an industrial property rights means permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of the owner's right. Licensing of industrial property rights must be established in the form of a written contract. There are three types of industrial property object licence contracts: Exclusive contract; Non-exclusive contract; Industrial property object sub-licence contract, detailing:

Industrial design in Vietnam

-Exclusive contract means a contract under which, within the licensing scope and term, the licensee shall have the exclusive right to use the licensed industrial property object while the licensor may not enter into any industrial property object licence contract with any third party and may use such industrial property object only with permission from the licensee.

-Non-exclusive contract means a contract under which, within the licensing scope and term, the licensor shall still have the right to use the industrial property object and to enter into a non-exclusive industrial property object licence contract with others.

-Industrial property object sub-licence contract means a contract under which the licensor is a licensee of the right to use such industrial property object pursuant to another contract.

What is the advantages and the disadvantages of licensing contract?

-Firstly, for licensor, licensing can be used to access new markets that are not easily accessible. By allowing the licensee the right to market and distribute the products, the licensor can more easily enter the market; Licensing contract may stipulate measures for the licensor has the right of improvements, technical know-how and related products that will be developed by the licensee during the valid term of the contract. However, the licensor may not always claim these rights, and some countries have strict restrictions on including these types of terms in the licensing contract; Licensing is necessary if the product only sells best when combined or sold for use with another product; Last but not least, the licensing contract allows the licensor to hold ownership of the intellectual property and at the same time receive licensing fees, in addition to the profits gained from self-exploitation of such assets from products or services sold or provided by that party.

Besides the advantages, the licensing contract also has some disadvantages for the licensor. The licensee may become a competitor of the licensor. The licensee may make the licensor make less remuneration than the business losses resulting from the competition of the new competitor; The licensee may unexpectedly request contributions, for example, for technical assistance, human resource training, additional technical data, etc. It is important that the licensing contract must clearly stipulate the rights and obligations of the parties, whereby any disagreements that occur in the future can be resolved quickly and effectively; The licensor's revenues depend on the skills, capabilities and resources of the licensee. This dependence is even greater in the case of exclusive licensing. The provisions of minimum wage and other provisions may be provided to avoid this, but this is still a concern.

-Secondly, for the licensee, the advantage of a licensing contract is allowing access to technology that has been developed or is available to apply for helping businesses access to the market more quicly; Small companies may not have the resources to do and carry out the research to supply new and higher quality products. The licensing contract allows enterprises access to technical advances that are difficult to achieve by other measures; Licensing may also be necessary to maintain and develop an established market position but be threatened by new designs or production methods. Access to new technology through a licensing contract is the best way to overcome this challenge; There may be many opportunities to get a license when combining with existing company technologies can create new products, services and opportunities in the new market.

-Regarding the disadvantage to the licensee, the licensee may have to make financial commitments to technology that is "not yet ready" for commercial exploitation, or need to modify the technology to meet its business needs; An intellectual property licensing contract may result in additional costs for the product. Many technologies integrated into products can create products with high technology content but are very expensive when publishing to market; Licensing may create technological dependence on suppliers, who may not extend the licensing contract and negotiate a licensing contract with other competitors to limit the market or to limit exploitation activities which was allowed in accordance with licensing contract.

If you are looking for an IP attorney, but are concerned about the typical costs associated with the traditional legal search, you should visit ANT Lawyers where we work to trim those costs. We will match you with an experienced IP attorney in Vietnam for a free, no obligation consultation. Hope this helps.

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Procedures for processing applications for registration of industrial designs

Many enterprises invest a significant amount of time and resources to improve their product design in order to match products to specific customer groups. Industrial design means the outward appearance of a product embodied in three dimensional configuration, lines, colours or a combination of such elements [Clause 13 Article 4 Law on intellectual property 2005 (IP law)] and industrial design is under industrial property rights (Clause 2 Article 3 IP law).

 Industrial design in Vietnam

There are several important reasons for enterprises to protect their designs, such as creating an appeal or attraction to customers, increasing the commercial value of the company, a key factor in the company's marketing strategy, creating an additional revenue for company either by collecting a fee from licensing the design to others or by selling the rights of the registered design.

Regarding conditions for protection of industrial designs, general conditions comprise: Novelty; Creativity; Being able of industrial application (Article 63 IP law). Three conditions are stipulated clearly at Article 65,66,67 IP law. Objects ineligible for protection as industrial designs are Outward appearance of a product which is necessarily due to the technical features of the product; Outward appearance of civil or industrial construction works; Shape of a product which is invisible during the use of the product (Article 64 IP law).

Regarding procedures for processing applications for registration of industrial designs (applications) and for granting protection titles,

Firstly, documents needed to prepare must meet the general requirements, uniformity and particular requirements on applications (Article 100,101,103 IP law). In accordance with Article 107 IP law, authorization for carrying out procedures related to the establishment, maintenance, extension, amendment, termination and invalidation of protection titles must be made in writing in the form of a power of attorney (no valid term shall be considered valid indefinitely, and validity shall be terminated only when the principal declares termination of validity). Power of attorney’ s contents  are stipulated at Clause 2 Article 107 IP law.

Secondly, the State administrative body for industrial property rights (body) receives applications for registration of industrial property if the application consists of at least the following documents and information: A declaration for registration of industrial design; Description, a set of photos and drawings and a description in the case of an application for registration of an industrial design;

Thirdly, the body examines formal applications. Valid or invalid applications shall be notified (Article 109 IP law).

Fourthly, applications which have been accepted as being valid by the body shall be published in the Official Gazette of Industrial Property in accordance with the provisions of Article 110 IP law. Applications shall be published within two months as from the date such application is accepted as being valid.

Fifthly, third party’s opinions on the grant of protection titles (Article 112 IP law).

Sixthly, examining substantive applications (Article 114 IP law).

Seventhly, an applicant shall have the following rights of amendment, supplementation, division and conversion application before the body for industrial property rights notifies a refusal or decides to grant a protection title (Article 115, 116 IP law).

Finally, the body shall decide to refuse or to grant a protection title and enter it in the National Register of Industrial Property (Article 118 IP law).

About time-limit for processing applications, an application shall have its form examined within one month from the filing date, substantively examined within six (6) months from the date of publication of the application. The time-limit for re-examination of an application shall be equal to two-thirds of the time-limit for the initial examination, and may, in complicated cases, be extended but must not exceed the time-limit for the initial examination. The duration for amendment or supplementation of applications shall not be included in the time- limits specified in clauses 1, 2 and 3 of Article 119 IP law.

If you are looking for an IP attorney, but are concerned about the typical costs associated with the traditional legal search, you should visit ANT Lawyers where we work to trim those costs. We will match you with an experienced IP attorney in Vietnam for a free, no obligation consultation. Hope this helps.

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