Decree 129/2016/ND-CP on ATIGA Preferential Import Tariff for ASEAN goods

The Government has issued Decree 129/2016/ND-CP on preferential import tariff of Vietnam in particular to implement the ASEAN Trade in Goods Agreement (ATIGA) in the period 2016 – 2018.

This Decree prescribed the preferential import tariff of Vietnam to implement the ATIGA period 2016 – 2018 and the conditions for enjoying the preferential import tariff under this Decree.

Issued together with this Decree is the preferential import tariff of Vietnam in particular to implement the ATIGA Agreement in the period 2016 – 2018 (often referred to as ATIGA tax).

Imported goods are applied the ATIGA tax when satisfying the following conditions:

1. Included in the preferential import tariff attaching to this Decree.
2. Being imported into Vietnam from countries that are members of the ASEAN Trade in Goods Agreement, including: Brunei Darussalam; Kingdom of Cambodia; Republic of Indonesia; People’s Democratic Republic of Laos; Malaysia; Federal Republic of Myanmar; Republic of the Philippines; Republic of Singapore, Singapore; Kingdom of Thailand; Socialist Republic of Vietnam (goods in duty free area importing to the domestic market).
3. Being shipped directly from the exporting country to Vietnam.
4. Satisfy the regulations on goods origin in the ATIGA, have certificates of goods origin (C/O) – form D, prescribed by the Ministry of Industry and Trade.

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Patent Registration Procedures in Vietnam

ANT Lawyers is a patent law firm in Vietnam that can assist client in the patent registration process and other patent relating issues.

Time and procedures for patent registration:

+ The time for form evaluation: 01 months from the date of receipt;

+ The time to publish the application: 18 months from the priority date or the 2nd month after receiving the request for content evaluation;

+ The time for content evaluation: 12 months after receiving the request for content evaluation or the date of publication

+ The time for patent protection is 20 years, for the patent for utility solution is 10 years.

Profile includes:

+ Declaration (02 sheets according to form);

+ Description (02 sheets, including drawings, if any);

+ Relevant documents (if any);

+ Receipt of fees and charges.

+ Request for protection (02 sheets);

Patent registration requirements:

1.Organizations and individuals that meet the following conditions may register for patent:

+ The author created the patent by his efforts and expenses;

+ Organizations and individuals investing in fund and material for the author in the form of contract work, unless the parties have other agreements and that agreements are not contrary to the provisions of law;

+ The case that the invention was created on the basis of entire state investment funds and technical facilities, the patent registration right belongs to the State. Organizations and state agencies are empowered as investor, representing State to exercise the right to register for patent;

+ The case that the invention was created on the basis of State contributes capitals which are funds and technical facilities, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. Organizations and Government agencies that are representatives of the State capital will be responsible for implementing the State’s patent registration right;

+ The case that many organizations and individuals working together to create or invest to create the invention, that organizations and individuals all have the right to register for patent and the registration will be implemented only if all organizations and individuals agree;

+ The case that the invention was created by using the technical facilities and expenses from state budget:

+ The case that the invention was created on the basis of research and development collaboration between state organizations, agencies and other organizations, individuals, if the cooperation agreement has no other provisions, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. State organizations and agencies participating in the research and development process will be responsible for implementing the State’s patent registration right.

2. To be granted the patent registration, the applicant must meet the following requirements: new; creative and capable of industrial application.

3. To be granted the patent protection/utility solution, the applicant must meet the following requirements: new and capable of industrial application.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

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Decree 126/2016/ND-CP on Preferential Import Tariff to Implement ASEAN – India Free Trade Area

According to the Decree, the import of goods under the special preferential import tariff; Imported into Vietnam from member countries of the ASEAN – India Free Trade Area such as Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, India, Vietnam (with goods from duty free area importing to the domestic market); Transported directly from the exporting country mentioned above and meet the regulations on the origin of goods in the ASEAN – India Free Trade Area, have certificate of goods origin according to “AI form” prescribed by the Ministry of Industry and Trade will be entitled to the special preferential import tariff.

In particular, the tax rate of 0% will be applying since 2016 – 2018 with thoroughbred live animals for breeding purpose; plant originated fertilizer; banknotes (paper currency), legal but have not been put into circulation; shearing wool; cotton fiber; hemp, as raw material or soaked; refined copper and copper alloys, unworked; scrap and lead; filling machine, closing, capping, sealing or labeling bottles, cans, boxes, bags or other containers; capsuling machine for bottles, jars, tubes and similar containers; aerating beverages machine; automatic machines for the transport, keep and preserve of clamp printed circuit boards, printed wiring boards or printed assembled circuit assembly; compactor; bulldozer…

Decree 126 takes effect from September 1st 2016.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

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Decree 18/2015/ND-CP on Environmental Protection Issues

On February 14th 2015, the Government issued Decree 18/2015/ND-CP provides regulations on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan.

In particular, notably the new rules on environmental protection plan registration. Specifically, instead of setting up and registration of the environmental protection commitment as before, from April 1st 2015, the new investment projects, investment projects to expand the scale and increase the capacity of production facilities, investment and production plans that are not subject to environmental impact assessment will have to register their plans for environmental protection at the competent authority in accordance with law.

In case the project is located in 2 or more provinces, the registration of environmental protection plan should be made in one of the provincial People’s Committee at the request of the project owner.

Particularly for the catering service with the area under 200m2; commercial service, itinerant trading without fixed place; repair, maintenance services for household products; photocopy services, internet access services; animal farming with stables scale smaller than 50m2, seafood farming on a scale of smaller than 5,000m2 area of water; building office, guesthouse, hotel, tourist accommodation with scale smaller than 500m2 floor… are not subject to environmental protection plan registration.

One other notable content is the change in the object to perform environmental impact assessment. Accordingly, from April 1st 2015, only projects to build resort, sport and entertainment complex, golf course with the area from 10 hectares or more will have to implement environmental impact assessment instead of the regulation of 5 hectares or more as before; Similarly, projects to build supermarket, commercial center with floor area under 10,000m2 will not have to perform environmental impact assessment. Also from this date, the projects to build medical clinics and other health care facilities with scale of less than 50 beds will not have to perform environmental impact assessment as before…

This Decree takes effect from April 1st 2015.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at vietnam@praelegal.de or ant@antlawyers.vn or call the telephone at +848 35202779.

enviroment protection, law firm in vietnam, legal services in vietnam

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Decision 36/2016/QD-TTg Regulates the Tax Rate for Imported Goods

Decision No. 36/2016/QD-TTg dated September 1st 2016 of the Prime Minister prescribed the normal tax rate for imported goods at Point c, Clause 3, Article 5 of the Law on export and import tax.

Accordingly, the import duty of 5% will be applied to many items, such as: Smart cards; Telephone answering machines; Cell phone for cellular mobile network or other wireless networks; Vacuum cleaner; Uninterruptible power supply (UPS); Automatic payment machine; Electronic computer that can operate without external power source and recorder, reproducing and displaying data, pocket-size with calculator function; Dry washing machines; Flat iron; Offset/Roll printing machine; Printer – photocopy machine, print using inkjet/laser technology…

For imported goods that are not included in the above list of normal import tariff and not in the case of imported goods that are enjoying preferential tax rates or special preferential tax rate under Point a and b, Article 5 of the Law on export and import tax, then may be subject to the ordinary tax rate equal to 150% of the preferential import tariff of each corresponding items in Annex II of Decree No. 122/2016 /ND-CP on September 1st 2016.

The Decision takes effect from September 1st 2016.

Legal Services in Vietnam

• Commercial
• Intellectual Property
• International Trade and Taxes
• Infrastructure and Project
• Civil Matter
• Dispute Resolution
• Debt Recovery
• Employment
• Foreign Investment

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.

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.

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Business Lines in the Food Industry of Vietnam

With a population of about 90 million people, Vietnam is a potential market for food industry.

ANT Lawyers Co., Ltd consults and instructs customers to register the appropriate lines of business in the food sector under the provisions of the code system of national economic sector (Decision 10/2007/QD-TTg).

No	Business lines	Code
1	Wholesale of agricultural and forestry raw materials (except wood, bamboo) and live animals;	4620
2	Wholesale of rice;	4631
3	Wholesale of food;	4632
4	Wholesale of beverage;	4633
5	Wholesale of a variety of goods;	4690
6	Retail of victuals, food, beverage, tobacco and pipe tobacco accounting for a large proportion in shops;	4711
7	Retail of victuals in specialized shops;	4721
8	Retail of food in specialized shops;	4722
9	Retail of victuals, food, beverage, tobacco, pipe tobacco in the market;	4781

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

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Circular 27/2015/TT-BTNMT on Strategic Environmental Assessment, Environmental Impact Assessment and Environmental Protection Plan

From July 15th 2015, Circular 27/2015/TT-BTNMT on strategic environmental assessment, environmental impact assessment and environmental protection plan started to take effect.

Accordingly, the Provincial People’s Committee authorized the management board of industrial zones to evaluate and approve the reports on environmental impact assessment.

This authorization shall apply only to projects under the evaluation and approval competence of the provincial People’s Committee investing in the industrial park.

Provincial People’s Committee is responsible for sending documents to the Ministry of Natural Resources and Environment for comments on the evaluation and approval authorization according to the form provided in Appendix 2.13 enclosed with this Circular.

This Circular replaces Circular 26/2011/TT-BTNMT.

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.

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Turkey Imposed Anti-dumping Duty on Products of Vietnam

The Ministry of Economy of Turkey has just issued the conclusion on anti-dumping investigations against such products as plywood and polyester textured yarn imported from Vietnam.

According to the investigation report content of the Turkish Ministry of Economy, there are only 2 Vietnam enterprises engaged in providing information to the investigating authorities.

These enterprises will not be subjected to the application of measures against evasion of anti-dumping duty, since they have provided information in full and on time and proved that export products are produced in their company.

Particularly for businesses that do not provide information to the investigating authorities, they will be subjected to the application of tax rate of 240 USD/m3 (equivalent to the anti-dumping duty that has been applied by Turkey to the import goods of China’s enterprises).

The time to apply the tax rate is as soon as the Ministry of Economy published the contents of the investigation in the Official Gazette of Turkey. However, Turkey has also announced that they will review the comments on the report of the investigation of the relating parties.

The case of evading anti-dumping duty investigation for plywood products that are imported from a number of countries, including Vietnam was initiated from the date of May 27th 2015 for plywood products with HS codes: 4412.10; 4412.31; 4412.32 and 4412.39 in the period from 2010 to the present.

Earlier in 2006, Turkey has decided to impose anti-dumping duty for the aforementioned products imported from China, with the tax rate of 240 USD/m3.

Also under the Trade Office – Vietnam Embassy in Turkey, Directorate General for Imports – Ministry of Economy of Turkey has just issued the conclusion for the anti-dumping investigation on polyester textured yarn imported from several countries, including Vietnam.

Based on the conclusion, the Turkey’s investigation agency determined the dumping margin of Vietnam enterprises is 34.81% – 72.56%; Thailand is 8.48% – 37.69%. Directorate General for Imports – Ministry of Economy of Turkey advised related parties to send complaints or feedback on the investigation report. After that, Directorate General for Imports – Ministry of Economy of Turkey will hold separate hearings for each enterprise.

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.

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Vietnam’s Face Brick is Investigated for Dumping

On August 25th, according to the Vietnam Trade Office in Argentina, the Argentine Ministry of Production has initiated anti-dumping investigations against face bricks products imported from India, Malaysia, Brazil, China and Vietnam.

Accordingly, the brick products with HS code (the code used to classify goods for import tax calculation) that are investigated for dumping during the period from 2013 to 2016 with such code as 6907.90.00 and 6908.90.00.

In which, the alleged dumping margins for face brick products from China is 184.9%, India is 106.64%, Malaysia is 125.76%, Brazil is 22.79% and Vietnam is 29.73 %.

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• Commercial
• Dispute Resolution
• Debt Recovery
• Employment
• Foreign Investment
• Intellectual Property
• International Trade and Taxes
• Infrastructure and Project
• Civil Matter

ANT Lawyers is a Vietnamese law firm in Vietnam 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.

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Anti-dumping Case for Steel Imported from China

The Vietnam Competition Authority (Ministry of Industry and Trade) has just received the dossier requesting the application of anti-dumping measures on H-shaped steel product imported from China to Vietnam.

According to Vietnam Competition Authority, they have received full and valid dossier under the provisions of the anti-dumping law for goods imported to Vietnam.

Within 45 days from the date of receipt of full and valid documents, the investigation agency will assess the dossier and submit to the Minister of Industry and Trade for consideration and decide to or not to investigate.

In order to serve the assessment, as well as ensuring the legitimate rights and interests of enterprises, the investigation agency suggested that domestic enterprises which are manufacturing/trading similar goods to provide the following information : Information on enterprises; design capacity and productivity of the H-shaped steel product in 2013, 2014, 2015 and the first 6 months of 2016; the company’s comments on the case (agree, oppose, no opinion); any documents/evidence that companies consider relevant to the case.

Since the law on trade remedies is issued, Vietnam has 4 times issued the investigation decision on anti-dumping against imported steel products to Vietnam. Accordingly, there is one case of anti-dumping duty application to cold-rolled stainless steel product and 3 self-defense cases for the steel billet and long steel products (the Ministry of Industry and Trade has signed decision to impose safeguard duty for plated steel and painted galvanized steel.

The application of trade defense measures will certainly cause conflict of interest between the 2 groups of enterprises. However, according to the Vietnam Steel Association, the application is necessary to protect domestic production.

Legal Services

• Commercial
• Dispute Resolution
• Debt Recovery
• Employment
• Foreign Investment
• Intellectual Property
• International Trade and Taxes
• Infrastructure and Project
• Civil Matter

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

ANT Lawyers has law offices inHanoi, Ho Chi Minh, and Da Nang City. 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.

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