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 legal services in vietnam. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn legal services in vietnam. Hiển thị tất cả bài đăng

7.14.2022

Can Foreigner Authorize Other Person to Perform Transfer of Properties in Vietnam?

In the complicated situation of the Covid-19 epidemic, the Government continued to implement policies to restrict entry to Vietnam, thus many transactions were canceled or delayed. That has caused many obstacles for foreign individuals and organizations wishing to perform transactions in Vietnam. We refer to the transfer of home ownership for foreign individuals who cannot enter Vietnam to participate in signing transfer contracts and other related transactions i.e. sell or buy an apartment or a house located in Vietnam.

 


Real estate dispute law firm in Vietnam

Pursuant to the law on housing, foreign organizations and individuals have the right to own house in Vietnam, before the time limit of the homeownership, the homeowner is entitled to gift or sell their house(s) to entities eligible for the homeownership in Vietnam; if not, their house(s) shall be under ownership of the State. Regarding the house ownership term, if a foreign organization or individual sells or gifted to a domestic organization, household, individual, or a Vietnamese citizen residing overseas, the buyer or recipient will acquire a long-term ownership of the house. If the house is sold to a foreign organization or individual eligible to own housing in Vietnam, the buyer or recipient may own the house for the remaining period. When this period expires, if the owner wishes to have this period extended, the State shall consider granting an extension. The seller or giver must pay tax and other amounts to state budget as prescribed by Vietnam’s law.

In accordance with the law on housing transactions, the seller or transferor of the commercial house sale and purchase contract must meet the following conditions:

He/she is the homeowner, or the person permitted and authorized by the homeowner to enter into housing as prescribed in this Law and law on civil; if the agreement of commercial housing is transferred, he must be the buyer for housing of the investor or the transferee of the agreement on housing sale;

If the entity is a person, he must have full civil capacity to enter into transactions in housing as prescribed in law on civil; if the entity is an organization, it must have legal personality.

Article 195 of the 2015 Civil Code stipulates: “A person who is not an owner of property has the right to dispose of property only under the authorization of the owner or according to the provisions of law.”

Clause 2 Article 55 of the Law on Notarization 2014 stipulates: “In case both the authorizing party and authorized party cannot appear together at the same notarial practice organization, the authorizing party shall request the notarial practice organization of the place of residence of the authorizing party to notarize the authorization contract; the authorized party shall request the notarial practice organization of the place of residence of the authorized party to further notarize the original of this authorization contract and complete procedures for notarization of the authorization contract.”

In order to perform the house purchase and sale transaction or in other words to buy an apartment or sell a house in Vietnam, the parties to the house transaction need to agree to make a sale contract or a document on the transfer of a commercial house sale and purchase contract. In case a foreign house owner cannot enter directly to sign a contract, he/she may authorize another individual or organization in Vietnam to perform instead. However, the authorization document needs to be notarized at the competent authority. In case a power of attorney is notarized at a competent agency in a foreign country, it is required to be notarized, legalized, and authenticated in accordance with regulations of the foreigner country (apostille) before that document can be used in Vietnam.

ANT Lawyers is a English speaking 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 our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

 


2.06.2022

What Are Changes on Enterprise Registration According to Decree No. 01/2021/ND-CP?

On January 4, 2021, the Government issued Decree No. 01/2021/ND-CP on enterprise registration.

 


From January 4, 2021, the following 04 procedures will be carried out in conjunction: Registration of establishment of enterprises, branches, representative offices in Vietnam; Labor usage declaration; Granting the number of the social insurance participant; Register to use invoices of the enterprise.

The enterprise code is also the enterprise’s taxpayer identification number and the unit participating in social insurance number of the enterprise. According to previous regulations, only the enterprise code was specified as the enterprise’s taxpayer identification number.

The Business Registration Office has the right to accept or reject the intended name for registration of the enterprise. The opinion of the Business Registration Office is the final decision to avoid the identical, mistaken enterprise name and violation of the regulations on enterprise naming. In case of disagreement with this decision, an enterprise may initiate a lawsuit in in Vietnam accordance with the law on administrative procedures.

In case an enterprise registers the date of business commencement after the date of being granted an enterprise registration certificate, the enterprise is entitled to do business from the date it is registered, except in the case of conditional business investment.

The person competent to sign the application for enterprise registration may authorize other organizations or individuals to carry out enterprise registration procedures. Authorized subjects may be individuals, organizations or non-public postal service providers or single service providers of public postal services. In case of authorizing a public postal service provider to carry out enterprise registration procedures, when carrying out enterprise registration procedures, postal staff must submit a copy of the application form according to the form provided by the operator. Public postal service providers to issue with certified signatures of postal staff and persons competent to sign written application for enterprise registration. In case of authorizing a non-public postal service provider to carry out enterprise registration procedures, the enterprise registration dossier must be accompanied by a copy of the service contract with the organization providing services to perform procedures related to enterprise registration, referral of that organization to the individual directly performing procedures related to enterprise registration and copies of legal papers of the individual introduce.

In addition, the Decree also stipulates that in addition to the way of paying fees and charges directly at the Business Registration Office, the fee payer can transfer money to the account of the Business Registration Office or use an electronic payment service. The enterprise registration fee is not refundable to an enterprise in the event that an enterprise is not granted an enterprise registration certificate. Online payment of fees and charges will also be supported on the National Business Registration Portal. However, the fee for using this service will not be included in the business registration fee, the fee for providing and disclosing information. In the event of an error in the electronic payment process, the fee or fee paying organization or individual should contact the service provider intermediary for settlement.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 


1.27.2022

What Are Regulation for Automatic Conviction Expungement?

In order to show the spirit of humanity, create conditions for those who have been convicted to reintegrate into the community and stabilize their lives, the Vietnam Penal Code has built a system to automatically have criminal records in Vietnam removed. Accordingly, former convicted persons who have met the prescribed conditions will be considered as unconvicted and they will not have to continue to bear any consequences due to their former convictions. However, the implementation of regulations on the issue of automatically expunging criminal records in practice encounters a number of difficulties and problems.

 


Law Firm in Vietnam

It can be seen that, the need for recognition of criminal record removal is very obvious. Remission of criminal records will show a more positive recognition of the law for people who have been convicted of crimes and facilitate their participation in work and encourage them to quickly integrate into life. In the case of automatic conviction expungement, there are a number of changes that the former convicts should pay attention.

The natural condition of automatic conviction expungement.

In order to be automatically expunged, a convicted person must satisfy the conditions for automatic criminal record remission according to the provisions of the Penal Code. Accordingly, a person who has been convicted must satisfy the following conditions: (i) have fully served the legally effective conviction of the court or the statute of limitations for judgment enforcement, including the principal penalty, has expired. and additional penalties (fines, damages, court fees…); (ii) not to commit a new offense within the prescribed time limit. These are the basic conditions proving that the former convicted person has fulfilled all the obligations for his/her offense.

The implementation procedure, if an individual who has been convicted has a request for a certificate of criminal record remission.

Accordingly, the agency competent to handle the case is the agency that manages the judicial record database. Therefore, the National Center for Criminal Records – the Ministry of Justice will guide the Department of Justice to directly regulate the Detailed procedures to clear criminal records for cases where criminal convictions are automatically cleared. Individuals who wish to carry out the procedure of automatically expunging their criminal records will only need to prepare a set of documents requesting the issuance of a criminal record card and submit it to the Judicial Records Center or the Department of Justice of a province/ city where convicted person is a residence without having to provide any other documents. After receiving the dossier, the agency managing the judicial record database will be responsible for verifying the automatic conditions for criminal record remission and issuing a criminal record card confirming “no criminal record” if the individual has no criminal record eligible individuals as prescribed by law. Therefore, the provisions of the 2015 Penal Code on criminal record remission have naturally created more favorable and flexible conditions for individuals who have been convicted than in the previous procedure.

Regarding the verification of information about former convicts, the Department of Justice will send a written request for verification to the commune-level People’s Committee or the agency or organization where the convict resides and works after serving the sentence about whether that person is prosecuted, investigated, prosecuted or tried during the criminal conviction period. Commune-level People’s Committees and agencies and organizations will send a written notice of verification results to the Department of Justice. After receiving the written notification of verification results from the commune-level People’s Committees, agencies and organizations, the Department of Justice will handle criminal record remission for citizens.

Contrary to the previous regulations that the court will be the authority to issue a certificate of automatically expunging criminal records for convicts. According to current regulations, the authority belongs to the agency managing the judicial updates database information on the convict’s criminal history and, upon request, issue a judicial record card certifying that he or she has no previous criminal record, if all conditions are met. However, in reality, sometimes the current national database might not be synchronous. Therefore, when a convicted person requests for a judicial record card, the agency managing the judicial record database must take time to coordinate with relevant agencies such as the court, the procuracy, and the public prosecutor’s office… to verify the natural condition to delete the criminal record, which takes much time.

Therefore, at present, the confirmation of criminal record remission for the case of automatically expunging criminal records remission has specific regulations, but the implementation still faces many difficulties and complications affecting the interests of the requester. Hence individuals who have been convicted must keep relevant papers and documents to easily prove their claims are legal and save time and costs.  The individual could authorize a law firm to help with criminal record procedures in Vietnam.

ANT Lawyers - a Law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 


1.24.2022

Some of commodities with growth potential in Vietnam through UKVFTA Agreement

Since 2021, the UKVFTA Agreement is the Agreement between Vietnam and the European Union (EVFTA) had been come into force.

 


Law Firm in Vietnam

After the UKVFTA Agreement is signed, some goods in Vietnam, when exported to the UK market, if they meet the conditions, will enjoy tariff preferences from the Agreement, this is a good opportunity to Vietnamese goods are imported to the UK market.

In 2019, the UK imports mainly from Vietnam garment products. In which, the 10 largest garment products exported to the UK include: suits, jackets, blazers for women or girls, outerwear, gowns for women or girl; Jerseys, pullovers, cardigans, men’s or girls’ blouses, shirts and blouses, and other bras. Vietnamese garments entering the UK had to compete with those of other countries with tariff reduction schemes/agreements with the UK such as Bangladesh, China, Pakistan, and Cambodia, however, after UKVFTA takes effect, garment products from Vietnam will enjoy equivalent tariff benefits, thereby enhancing the competitiveness of textile and garment products from Vietnam.

Previously, with a double-digit export turnover for many consecutive years, Vietnam currently ranks 2nd in the world in footwear exports. Footwear export turnover of Vietnam continuously increased in the period 2010 – 2019, from 5.1 billion USD in 2010 increased by more than 3.5 times, reaching 18.3 billion USD in 2019.

Despite ranking 2nd in the world, Vietnam’s footwear exports account for only 8% of global exports. The UK market is a footwear export market with great potential but very competitive. However, compared to competitors such as China, the Netherlands, Italy, Belgium, and Germany, in 2019, Vietnam is still subject to the 2nd highest tariff among the 15 most footwear exporting countries to the UK, with average tax of 6.7%. Since the UKVFTA Agreement is implemented, the tax rate will be reduced according to the schedule and will be down to 0% depending on each item, thereby helping Vietnam’s footwear products to compete with products of other countries.

Besides, the seafood product is Vietnam’s key export industry, we have the advantage of both experience, production capacity and abundant supply. Import demand for seafood products of the UK is quite large, about 4.4 billion USD/year, in which the export value of Vietnam accounts for only about 6.7%. The main seafood export markets to the UK are: China, Ireland, Sweden …

The Covid-19 pandemic changed the trend of consumption and import from the UK. Consumers find seafood products that are easy to consume at home, easy to store, easy to process, convenient and with average low prices. Vietnamese frozen pangasius is a great advantage and a bright spot for the seafood industry to export to the UK today, as a leading supplier with the possible price and processing process of many Vietnamese enterprises is accepted by EU and UK market.

However, in order to bring Vietnamese products into the UK market, Vietnamese goods need to meet high standards of quality, aesthetics, hygiene and environment at competitive prices, ensuring the standards of origin, to be able to take the best use of the incentives provided by the Agreement. In addition, the choice of using the British pound or USD in negotiating and signing commercial contracts requires the company to closely monitor the exchange rate fluctuation between the British pound and the USD, from which to consider, and sign economic contracts that are most beneficial to their businesses.

Finding the right business partner in Vietnam is equally important as choosing the right products to export to the UK market to compete. It is suggested to undertake the research for the reputation of the company and each shareholders being corporate or individual, obtain public information of the company, and undertake background check for key personnel to access potential risks for cooperation. Working with a reliable partner can help achieve economic benefits, save time and costs in business.

 


1.19.2022

Why foreign company should undertake policy and regulatory research before entering Vietnam market?

Currently, with Vietnam’s investment attraction policies, annual foreign direct investment (FDI) into Vietnam is constantly increasing, after Covid time. According to the report on foreign direct investment in nine months of 2021 of the Ministry of Planning and Investment, as of September 20th, 2021, the total newly registered capital, adjusted and contributed capital to buy shares, purchase capital contribution (GVMCP) of foreign investors reached 22.15 billion USD, up 4.4% over the same period last year 2020. Realized capital of foreign investment projects is estimated at 13.28 billion USD, down 3.5% over the same period in 2020.

 


Law firm in Vietnam

However, when entering a new market, especially the business environment of a developing country like Vietnam, foreign company always have to be cautious and should undertake research investment environment and target company for M&A, or business cooperation carefully. Besides socio-cultural factors, the differences in political and legal factors are important issues. In particular, it is really necessary to study policies and legal regulations before investing in order to mitigate risks when operating in the Vietnam market.

Each country has its own policies and independent legal system to manage domestic company as well as foreign company. Therefore, when foreign investors wish to invest in Vietnam, they need to learn about legal policies that affect their expected business activities. Specifically, through the study of laws, economic policies… investors will identify constraints as well as incentives for their expected type of investment. Foreign investors will have more proactive preparation steps and have a basis to consider the benefits and potential risks when making an investment in Vietnam.

Firstly, on the legal system related to investment activities, Vietnam has a fairly complete but complex regulatory legal system. Due to too many types of legal documents being issued, overlapping, inconsistent and inconsistent jurisdictions are quite difficult obstacles for foreign investors when penetrating the Vietnamese market. Therefore, studying the regulatory is necessary and really a big challenge for foreign investors.

Specifically, for the investment, Vietnam law only allows foreign investors to do business in a number of industries that satisfy market access conditions. Therefore, foreign investors need to learn specific regulations on conditions of establishment, capital contribution, capital contribution ratio, etc. to have a plan to prepare capital, and to choose the type of investment in accordance with the regulations of Vietnam law and expected investment scale.

In addition, foreign investors also need to learn about the regulations on the organization of different types of businesses in Vietnam. It will be the basis for foreign investors to determine the level of capital contribution, rights and obligations when participating in investment. From there, foreign investors will have reasonable considerations and considerations in line with the investment plan, avoiding passive situations or the establishment and capital contribution not achieving the set goals before investing.

Second, about policies for foreign investors, investors need to study policies related to tax i.e. corporate income tax rates, tax rates for personal income taxes, and policies. avoid double taxation between Vietnam and other countries in order to comply with tax obligations and ensure its interests in the process of conducting investment in Vietnam.

Furthermore, to ensure cash flow transactions, foreign investors need to have an understanding of Vietnam’s foreign exchange policy. Understanding the bank’s foreign currency buying and selling policies will help foreign investors flexible in implementing project activities. Policies and regulatory understanding in international bidding or bidding or goods or service supply service for state owned company are also matter of concern.  Labor policy is also an information that foreign investors need to know to ensure that the recruitment and payment of salaries and benefits are consistent with the policies of the state. Economic and financial policies are regulated by the State in each period such as policy on funding or lending capital, tax policy of the State, economic policy on foreign relations, foreign policy.

Policies, laws and politics have a great influence on investment activities in Vietnam. Through legislation, the state institutionalizes economic undertakings and policies into law, with provisions that are universally binding for all business activities. The legal regulations and policies related to foreign investors in Vietnam are very complicated and changing over different periods. Therefore, before investing in Vietnam, investors need to learn, check the information and the authenticity of the information collected to ensure the authenticity and validity of those regulations and policies.

Finding the right business partner in Vietnam is also important. We recommend doing research on the reputation of the company and individual shareholders, corporate or individual, gathering publicly available company information, and performing background checks on key personnel to find potential risks in cooperation. Working with a reliable partner can help achieve economic benefits, saving time and money in business.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 


1.18.2022

Vietnam and Japan cooperate for mutual development

On November 25th, 2021, within the framework of Japan visit of Vietnamese Prime Minister – Mr. Pham Minh Chinh, the Prime Minister met the President of the Japan External Trade Organization (JETRO). During the meeting, the Prime Minister met leaders of many large Japanese corporations, businesses and banks and signed many investment cooperation agreements between Vietnam and Japan.

 


Law Firm in Vietnam

The parties highly appreciated JETRO’s practical and effective contributions to Vietnam in recent years in promoting investment cooperation. In the 10 months of 2021, Japan ranked 3rd among countries making investments in Vietnam, with a total registered investment capital of nearly USD 3.4 billion. Up to now, Japan is the second largest investor in Vietnam with over USD 63.9 billion (accounting for 15.8% of total FDI investment).

Vietnam encourages Japanese businesses to invest and set up company in Vietnam, apply investment registration certificates in Vietnam, expand investment cooperation in infrastructure, energy, manufacturing industry, high-quality agriculture, information technology, smart cities, financial and banking services, and banking, innovation. The Government is committed to accompanying the business community, supporting and creating all favorable conditions for business investment activities on establishment of company in Vietnam, bringing about more benefits for the parties, contributing to bringing Vietnam-Japan relations to a new level.

During this visit, the two countries signed more than 40 cooperation agreements with a total investment value of more than USD 3 billion. In addition to investment commitments, during this visit, there were many cooperation agreements on human resource training or other environmental protection solutions signed between ministries, sectors and businesses.

In the meeting, the Prime Minister of Vietnam also met and discussed with leaders of Nippon Foundation, MUFG Group, INFRONEER Group, JBIC Bank, Idemitsu Group and Mizuho Bank on market development, business, human resource training.

The Prime Minister shared with the difficulties of Japanese businesses in Vietnam over the past time, he said that Vietnam has changed to a safe and flexible adaptation, effectively controlling the epidemic. The competent authorities at all levels must discuss with businesses and citizen to deploy solutions appropriate to the situation, bring life back to normal, both open production and business, and effectively prevent epidemics. Vietnam also suggested that Japanese businesses corporate with Vietnamese in epidemic prevention and control, continue to contribute to improving institutions, training human resources, investing in hard and soft infrastructure, and cooperating in areas such as: climate change response, digital economy, green economy, circular economy…

In addition, to ensure investment and trade, Vietnam is expected to start reopening international flights in early December, including flights to Japan. This will make it easier for Japanese investors to make investment, market surveys, and deploy their investment projects.

By the visit, Vietnam wishes to further develop cooperation in investment, human resources and diplomacy with Japan, thereby creating favorable conditions for investors of the two countries to expand their business, form company in Vietnam and contribute to national economic development.

ANT Lawyers – Law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 


3.29.2021

Several Noted Points on Law Competition of 2018 in Vietnam

Vietnam Law on Competition has been adopted and will be effective on July 1st, 2019. The competition law of 2018 has changed in comparison with the Law on Competition 2004.  These changes are fundamental which enterprises should be aware of when entering into Vietnam through M&A activities. Competition lawyer should be consulted for update and development to avoid non-compliance.

 


Competition Lawyers in Vietnam

Firstly, the Competition Law 2018 gave up regulations on the limit of acts of economic concentration. Accordingly, Article 30 prohibits an enterprise from conducting economic concentration that has the potential to cause significant adverse effects on competition in the Vietnamese market. Contrary to previous regulations, Competition Law 2004 prohibits economic concentration if the combined market share of enterprises participating in economic concentration accounted for more than 50% in the relevant market.

Secondly, the Competition Law 2018 under Article 112 provides clemency policy for enterprises violating competition regulations. Accordingly, enterprises which voluntarily declare to help the National Competition Committee detect, investigate and deal with prohibited competition restriction acts will be exempted or reduced penalties according to the leniency policy. The leniency policy is applicable to no more than three first enterprises applying for leniency to the National Competition Commission.

Thirdly, unlike the Competition Law 2004, the Competition Law 2018 specifies the maximum fine for violations of competition law.

For organization:

–Violating regulations on the acts of economic concentration: a maximum fine of 5% of the total turnover of the business on the relevant market.

–Violating regulations on unfair competition: a fine of up to VND 2 billion

–Violation of other regulations: up to 200 million VND.

For individual, the fine level is 50% of the organization’s level.

Fourth, on threshold of economic concentration. The Competition Law 2004 stipulated that for centrally-run enterprises with a market share of between 30% and 50% in the relevant market, the competition authority must notify the competition authority before conducting the economic concentration. At present, the Competition Law 2018 is not regulated specifically as above, but only the notification threshold of economic concentration is determined based on one of four criteria as following:

-Total assets on the Vietnamese market of enterprises participating in economic concentration;

-The total turnover in the Vietnamese market of enterprises participating in economic concentration;

-Transaction value of economic concentration;

-Market share in the relevant market of enterprises participating in economic concentration.

Finally, new regulation on the time limit for dealing with a breach of competition law. Previously, to solve and deal with cases of economic concentration violation, it is necessary to undertake a preliminary investigation and formal investigation. In particular, the preliminary investigation is 30 days; formal investigation is 60 days with unfair competition; 180 days with the agreement restriction competition, economic concentration. Competition Law 2018 no longer stipulates two phases of the above investigation, but only that the investigation period is 09 months for restricted competition; 90 days with economic concentration; 60 days with unfair competition cases.

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 our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

 


9.28.2016

Criminal Record Granting for Foreigner

In order to be granted the work permit for foreigner, completing the immigration or reside procedures in a country, foreigners who are or have been residing in Vietnam must apply for a criminal record for the time that they residing in Vietnam.


Foreigners who are or have been temporarily residing in Vietnam have the right to request the Department of Justice of the province or city where they are residing or the National Centre for Criminal Record to issue the criminal record, in order to confirm that people have or do not have criminal records while residing in Vietnam. The person requesting for criminal record card can authorize another person on their behalf to complete procedures to obtain the criminal record.
ANT Lawyers can assist clients to apply for: Criminal record card no 1 and Criminal record card no 2
Individual when requesting for criminal record issuance have to provide the following documents:
  • For Vietnamese:
– A written declaration requesting for the issuance of criminal record;
– Certified copy of identity card, passport, family record book, temporary residence book, temporary residence card, permanent resident card in Vietnam (should present the original for comparison);
– Confirmation of permanent residence in Vietnam before leaving the country (applies to Vietnamese who are living in foreign countries).
  • For Foreigner:
– A written declaration requesting for the issuance of criminal record;
– Copy of the passport and visa that are still valid;
– Confirmation of temporary residence in Vietnam.
Implementation time: 3-7 working days.

9.20.2016

New Guidelines on the Time of Submission of C/O

The Ministry of Finance has issued Official Letter 12802/BTC-TCHQ provides for the time of submission of the Certificates of Origin (C/O).


Accordingly, the time of submission of the C/O forms (except C/O with VK form) is as follows:
– For paper customs declaration form, the original C/O must be submitted at the time of registration of customs declaration.
– For electronic customs declaration form, the original C/O must submitted at the time of submission of customs declaration.
The customs authorities only consider the C/O additional filling suggestion in the following cases:
– At the time of registration of the customs declaration, with the HS code declaration, the MFN tax rate is lower than or equal to the special preferential tax but after customs clearance, identifying that the MFN tax rate is higher than the special preferential tax rate;
– At the time of registration of customs declaration, goods that are subject to investment incentives are exempt from import tax but after the customs clearance, identifying that goods are not subject to investment incentives.
Official Letter 12802/BTC-TCHQ is issued in September 14th 2016.
See more:

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

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing representation or legal services in Vietnam who are seeking reasonable and competitive solutions without compromising on service quality.
For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, visit www.antlawyers.vn.