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

Hiển thị các bài đăng có nhãn Ship Transaction Law Firm in Vietnam. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn Ship Transaction Law Firm in Vietnam. Hiển thị tất cả bài đăng

9.16.2019

Officially Issuing the Schedule of Tariff Concessions for Import and Export to Implement CPTPP Agreement



On June 26th, 2019, the Government issued Decree No. 57/2019/ND-CP on Preferential tariff for export, Special preferential tariff for import to implement CPTPP Agreement from 2019 to 2022. CPTPP has come into force as of January 14th, 2019, however, the Decree 57 is the official legislation incorporating CPTPP’s commitment into national laws.

Tariff concessions applying to each country

In addition to 0% tax applied to many products as soon as effect of Decree 57, the remaining is eliminated as scheduled into 4 stages: from January 14th, 2019 to end of 2019, 2020, 2021 and 2022 equivalent to each tariff concessions.

The first six countries which have approved CPTPP Agreement including Mexico, Japan, Singapore, New Zealand, Canada and Australia. Vietnam was the seventhly country completing ratification procedures to bring the Agreement into effect. Under the CPTPP Agreement, the first six countries ratifying the Agreement have the right to notify to the later ratifying countries about the schedule of tariff concessions. Based on such provision, Article 4 and 5 of Decree 97 stipulates the reduction of import and export tax levels for each group of countries including: the group of five countries of Japan, Singapore, New Zealand, Canada and Australia shall may be applied the second level of tax reduction from January 14th, 2019 due to similar application of such countries to Vietnam; and Mexico shall be applied the first level of tax reduction from January 14th, 2019.

The conditions for applying preferential export tariff

Under the CPTPP Agreement, the Schedule for preferential export tariff include 519 tax lines, tax of 0% shall be applied to the goods outside such Schedule exporting to territory of country members to which CPTPP Agreement has taken effect. The exporting companies shall meet the followings to enjoy the preference:

-Goods shall be exported to 6 countries to which CPTPP Agreement has taken effect (Mexico, Japan, Singapore, New Zealand, Canada and Australia).

-Having the instruments of transportation showing the destination in territory of country members to which CPTPP Agreement has taken effect

-Having importing declarations of the shipment at customs of the member countries to which the CPTPP Agreement has taken effect.

The conditions for applying special preferential import tariff

Imported goods subject to special preferential import tariff under the CPTPP Agreement shall meet the following conditions:

-Imported goods belong to Preferential import tariff or List of products and preferential import tax or List of products and special preferential import tax for used cars.

-Being imported from member countries to which the CPTPP Agreement has taken effect and Vietnamese non-tariff zones to domestic market.

-Being transported into Vietnam from member countries to which the CPTPP Agreement has taken effect (in case of transshipment and cargo in transit, other conditions).

-Meeting the provisions on origin of goods and having C/O according to form of CPTPP Agreement.

Vietnam currently is a member and negotiating many free trade agreements to promote exports. This action will make a strong progress in import and export activities in international arena.
How ANT Lawyers Could Help Your Business?

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

Call us at +84 28 730 86 529 or send us email ant@antlawyers.vn

4.03.2019

Sales and Purchase of Ocean Ships in Vietnam



Ship sales and purchase should involve shipping lawyers in Vietnam whom understand the laws and the shipping industry.

For long, maritime activities and carriage of goods by sea are important parts of the international economic life, supporting the import and export of goods, connecting Vietnam to the world commodities market and therefore playing as driving factors behind the development of maritime transportation field.

As the demands for transportation exists, although some times up and down depending on the cycle of the economy, ships purchase and sales are important part of maritime related transaction businesses. With its own special characteristics, the purchase or sale of ships usually involve enormous economic interests, and risks at the same time. Ships are special objects in transactions therefore require the help of local and international ship lawyers with knowledge and experience to handle.

Stages in a Ship Transaction

The sale and purchase of a ship include contract, inspections, and the closing.

At the first step, both buyer and seller appoint ship brokers to carry out the negotiating and defining the clauses needed in the contract. Once details of the contract are agreed, the parties shall initiate the process of drafting the contract under Memorandum of Agreement (MOA) which normally is under a standard form. The governing law applies to such contract is usually the law of the country where the ship is registered its nationality. To enable the international transaction of ship, parties will sign an addendum to the MOA, stating necessary documents to be provided which may include: Approval from Director or Shareholders of resolving the sale of the vessel; Export or Import Permission of the Maritime Administration (requirement depending on national legislation), Power of Attorney, as well as other related documents involving the grade, commitments of the seller, etc. Once lawyers of buyers and sellers agree on the documents and have initial checking of such, the buyer may pay a deposit as a percentage of the value of the contract.

After the forming of contract, shipping lawyers of buyer start to inspect the documents provided by the seller. The inspection of the ship could be conducted in parallel. For the documents inspection, the buyer will check the ship’s class records and certificate records. The inspection of records will reveal the history of the ship’s maintenance in compliance with the requirement of class. Furthermore, the buyer need to check the mortgages and the maritime lien records to make sure that the vessel is free from encumbrances, debts, taxes, mortgages and maritime liens. This will help prevent any damages or loss subject to the legal issue of the ship which may occur before the delivery of the ship. The buyer should also acknowledge of whether the ship owner is in debts for fuels or salaries, etc. However, in some case, it may be difficult to verify such information without the collaboration of the ship owner.

For the physical inspection, instead of just checking the logbook for the status of the ship, it is preferable to hire a professional examiner to control the process of physical inspection relating the safety, certificates, equipment and engine issues. Sending a person on the ship to participate in some of the ship’s voyages may be advisable in circumstances.

At closing, the parties shall transfer the ship and all related documents as required. During the stage of delivery, the buyer physically accepts the delivery of the vessel after re-checking the status of the vessel, the remaining amount of fuel and engines status at the designed port. The place for delivery may be at a different location from where the contract was made. It depends on the agreement between the parties and usually for the convenience of the voyage.

An important document that needs to be transfer at this stage is the Bill of Sale. The Bill of Sale should be in proper form and duly notarized. In some country, it is crucial to get the Bill of Sale registered at the authority agencies in order for it to take effect.

Other procedures that the parties also need to complete at the state’s authority agencies include legalization of the ship transaction process, transference of vessel ownership and modification of the shipping registration. The state where parties are to complete such procedure shall be the country where the vessel is registered (the country which the vessel is permitted for flying flag).

Why Shipping Lawyers are Important in Ship Transaction?

Seagoing vessel is a special type of asset in a commercial transaction. When engaging in a contract to purchase a vessel, it is important to consider not only the nationality of the owner but also the nationality of the vessel itself. As the process of the transaction involves many procedures and requirements which usually need to be complete at the state’s authority agencies, the law of the country where the vessel is registered shall have a strong influence on the interpretation and execution of the contract.

The model contract usually comes with specific requirements on the content and form of the commercial invoice and the Bill of Sale pursuant to the national legislation (the nation where the vessel is registered). The parties may agree to change some of the clause in the model contract to meet their demand in the transaction. However, if a model contract is chosen to be used, the parties should at all time acknowledge of all the clauses existing in the contract and try to comply with the form and requirement of such documents.

Most of the transferred documents in a vessel transaction need to be notarized or legalized in order for the contract to take effect. However, the process of notarized and legalized in some country only certify that the documents have been duly signed and stamped, it doesn’t confirm or verify the certainty of the content and information provided in the documents. Therefore, both parties should require the other to provide the certificate or proof of the competent authority agencies confirming the certainty of the information or content that they have committed in the contract. For example, in a ship transaction, the buyer usually required seller to commit that the ship is free from any encumbrances, debts, taxes, mortgages and maritime liens. To confirm the certainty of such information, the buyer may require the seller to provide documents or certification from National Registration Agency for Secured Transactions to ensure the documents are provided in good faith. To reduce the risks, the buyer may also ask for a specific clause in a contract stating the liability of the seller in the event of future dispute relating the vessel.

In case one parties of the contract is an organization or company, the required documents should include the Minute of the Joint Meeting and Decision/ Approval of Directors or Shareholders resolving the sale of the vessel in accordance with the term and conditions of the MOA. Those documents should be duly established and signed in accordance with the requirement of the national legislation (law of the country where the company is set up). The Approval of Shareholder should also require the signature of all the shareholders of the company in order to avoid future disputes that may arise. Other documents which parties should also consider including Association’s Regulation, authorized papers, passports and personal documents of the representatives of each party. This will help better understand the legal position of parties in the contract, ensure their legal status to engage and perform in the contract.

ANT Lawyers have experience in laws and shipping matters to advice clients whom are interested to buy ships from Vietnam ship owners. We assist our clients in the process of reviewing contract, examining the documents and giving useful consultation for the sale and purchase procedure.
How ANT Lawyers Could Help Your Business?

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

Call us at +84 28 730 86 529 or send us email ant@antlawyers.vn