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

3.30.2018

Process of Anti-dumping Review in Vietnam

After 12 month from the day on which the decision on imposition of anti-dumping measures is issued, the Vietnam Minister of Industry and Trade may decide to review anti-dumping measures at the request of one or multiple interested parties and evidence provided by them.

The time limit for the review is 06 months from the day on which the decision on review is issued, with a possible extension up to 3 months if necessary.


Within 60 days before the end of one year from the date of issuance of the decision on the imposition of official anti-dumping measures, the related parties may submit the application dossiers for review of anti-dumping measures.

1. Subject of the application:

The following related parties shall have right to submit the application for review of the anti-dumping measures imposition:
  • Domestic producers;
  • Foreign producers and exporters may submit dossiers for review of the imposition of official anti-dumping measures against themselves;
  • Importers of goods subject to anti-dumping measures;
  • Governments of foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures of such foreign producers and exporters.
2. Contents of the application

Contents of the review at the request of related parties
  • The dumping margin, the level of subsidy of one, some or all of the foreign producers and exporters;
  • Commitments to eliminate dumping and subsidies of one, some or all of the foreign producers and exporters who commit;
  • Damages of the domestic industry and the causal relationship between the dumping on goods/ good subsidies of relevant foreign producers and exporters and the damage to domestic industry;
  • Scope of imposition of anti-dumping measure and countervailing measure.

How ANT Lawyers Could Help Your Business?

Please click learn more about International trade law firm in Vietnam or contact our lawyers for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

3.28.2018

Why foreigners aren't buying houses in Vietnam

There's a wealth of expats and overseas Vietnamese interested in the real estate market, but red tape is putting them off.

“Only a few expats are able to buy houses in Vietnam because there are still so many legal barriers,” said real estate manager Nguyen Chien Thang, counting on his fingers the number of potential foreign buyers who had visited the housing developments he's in charge of in Hanoi over the past two years.

Thang said there is foreign interest in Vietnam's housing market, but it often fades due to the complicated rules and excessive paperwork.

“Expats do not have a clear understanding of the legal procedures here, while some administrative agencies are not used to dealing with foreign buyers,” he said.


Official estimates vary greatly. The Ministry of Construction was widely quoted by local media last August as saying that 750 foreigners had bought houses in Vietnam since a new housing law came into effect two years before. That’s six times more than before, the ministry said in a statement, claiming that the new procedures were “really clear and open.”

The 2015 Housing Law allows foreign investment funds, foreigners with valid visas and international firms operating in Vietnam and overseas to buy unlimited residential properties with leaseholds of 50 years.

Before that they had been only eligible to buy one apartment providing they were either married to a Vietnamese national, held a managerial position or had contributed to the country.

However, earlier this week, Ho Chi Minh City's Department of Construction said only 15 foreigners had bought houses in Vietnam since the new law came into effect.

While the data remains strikingly conflicting, industry insiders have taken the ministry’s statement with a grain of salt.

Sitting in his office overlooking Hanoi’s skyscraper-dotted West Lake, Thang’s own estimate stands in the hundreds, and that’s counting since 2009 when Vietnam first opened its real estate market to foreigners. With 80,000 expats and more than four million overseas Vietnamese, that’s virtually an untapped gold mine.

“The expat community living and working in Vietnam is large, while the number of overseas Vietnamese is huge,” he said. “Many of them have money and want to own houses in the country, but only a small number are able to do it.”

The shortage of publicized projects that foreigners are eligible to buy is one of the biggest obstacles, according to industry insiders.

According to the Housing Law, developers can sell a maximum of 30 percent of units in an apartment building to foreigners, and a maximum of 250 houses in a ward. Areas considered sensitive to national defense and security are off-limits to foreign buyers.

Given the restrictions, authorities are required to publicize housing projects eligible for sale to foreigners, but in practice they don’t.

Another barrier facing foreigners and overseas Vietnamese is the lack of property title insurance, a standard document issued in many countries, said economist Nguyen Tri Hieu, who is an overseas Vietnamese.

Because of this, Hieu, who returned home eight years ago after living in the U.S. for 30 years, has been unable to buy a house.

“Unlike Vietnamese people who buy houses with their savings, expats often need bank loans," he said. “However, foreign banks will only offer a mortgage if their customers can provide property title insurance, which is unavailable in Vietnam, so they are unable to access credit.”

Hieu said many overseas Vietnamese want to buy houses in their home country. “Many old people buy houses so they can spend the rest of their lives in their homeland, while young people want to invest in the lucrative property sector.”

Hot market

In a move aimed at attracting more foreign buyers, the Ministry of Planning and Investment tabled a draft law in August suggesting that foreigners should be offered leaseholds of 99 years in special economic zones.

Vietnam has 18 special economic zones and is developing more in Quang Ninh Province near the Chinese border, the central province of Khanh Hoa, and Phu Quoc Island in the southern province of Kien Giang.

Industry insiders believe that removing more barriers would create more interest in the local housing market.

Vietnam is becoming one of the region’s hottest property markets for Hong Kong and mainland Chinese investors, as prices continue to go through the roof at home, according to the South China Morning Post.

More than 300 potential individual investors recently attended a two-day Vietnam property investment seminar in Hong Kong .

Encouraged by fast economic growth, supportive government policies and low entry costs, housing prices in the country’s two largest cities, Saigon and Hanoi, have seen considerable growth in recent years.

In Saigon, new apartment prices grew 6.9 percent in the first quarter of 2017, and 7.3 percent in Hanoi, data from real estate firm Jones Lang LaSalle shows.

It now forecasts 8 to 10 percent annual growth in residential value in the country’s major cities this year.

“On the back of its economic improvement and with a GDP target of 6.7 percent in 2017, market sentiment is very positive,” said Stephen Wyatt, the country head of JLL Vietnam.

“Foreign buyers typically like the new urban districts such as Ho Chi Minh City’s District 2 and District 7,” he said. “And many investors from mainland China are hoping to see these cities replicate the same growth as Beijing and Shanghai.”

There is also a trend to buy second homes in coastal areas such as Da Nang, he added.

Neil Jensen, a financial industrial worker from Malaysia, said Vietnam would be an ideal property market for investors if legal procedures are improved.

He is looking to buy a condominium in Saigon to lease to overseas workers there.

“I will do it only when legal procedures are clearer and opener," Jensen, 34, said. "I don’t want to take risks.”



Source: evnexpress

3.25.2018

Vietnam emerging as attractive destination for foreign property investors

Property prices in Vietnam are among the best value in Southeast Asia.

Vietnam has emerged as a favored destination among foreign firms looking to invest in property, with prices standing at among the best value in Southeast Asia.

Last year, Japanese investors Nishi Nippon Railroad and Hankyu Realty hooked up with a local property firm to develop a residential project with total investment of $350 million in Ho Chi Minh City. Half of the funding came from the two Japanese firms, while the rest was put up by their local partner.

Japan’s Mitsubishi Corp. has also diversified its portfolio in Vietnam by buying into a property development project in Hanoi, which has total investment of $1.9 billion.


The company signed a partnership deal with Vietnam’s Bitexco Group after acquiring a 45 percent stake in the first phase of the former’s The Manor Central Park project in Hoang Mai District. Bitexco holds the remaining 55 percent.

This foreign interest has been attributed to high property prices in their home markets, which makes them less attractive to investors, while prices in Vietnam are still low but rising rapidly.

Luxury flat prices in cities like Hanoi have been trending upwards since 2015 but have yet to catch up with other vibrant economic hubs in Southeast Asia, South China Morning Post quoted Kingston Lai, founder and chief executive of the Asia Banker’s Club, as saying.

Luxury flat prices in Hanoi were up 50 percent in the 10 year period to 2016, while mid-market flats were up 80 percent during the same period, Lai quoted figures from real estate firm CBRE as saying.

“Today, quality residences in Hanoi’s city center, on average, are sold at only around HK$1,500 ($191.32) per square foot (100 square feet = 9.3 square meters), half of Bangkok’s level,” Lai said.

“Prices of high-quality housing will catch up with neighboring cities amid the gradual completion of infrastructure such as railways and airport expansion, and as more foreign corporations bring investments to the market,” Lai added.

There are many other factors driving foreign investment in Vietnam’s real estate market including its fast-growing economy, rapid urbanization and expanding middle-class, which is growing at the fastest pace in Southeast Asia, according to HSBC.

The bank projects Vietnam's middle class will jump from 12 million people in 2012 to 33 million by 2020.

A loosening of restrictions in the country's regulatory environment has also helped boost sales.

Last year, Vietnam eased restrictions on foreign property ownership to improve market liquidity.

The amended law went into effect in July of last year and allowed foreign investment funds, foreigners with valid visas, international firms with operations in Vietnam and overseas Vietnamese to buy residential properties.

The Vietnam Real Estate Association (VNREA) has forecast a promising outlook for the local real estate market as demand from foreign buyers drives market growth.

The number of foreigners living in the country has reached 320,000, according to the property association.

Investors with business interests in Vietnam are the most likely to buy local properties because they are attracted by potential returns of between seven and eight percent here, according to the VNREA.

Bright prospects

Neil MacGregor, managing director of property firm Savills Vietnam, said Savills expects to see a considerable amount of inbound investment into real estate in 2018, with strong interest from Japan, Korea, Singapore and increasingly China.

He said that existing free trade agreements and the ongoing discussions regarding the Regional Comprehensive Economic Partnership (RCEP), involving China, are all important drivers for continued investment.

“We have seen that trade with countries such as Japan and Korea typically comes together with FDI, importantly fueling investment into infrastructure and real estate,” he added.

Vietnam’s actual foreign direct investment reached an estimated $17 billion in 2017, the highest annual amount ever recorded by the country, according to the Foreign Investment Agency.

South Korea was the country’s biggest investor out of more than 100 countries and territories, with registered capital worth $57.5 billion, followed by Japan and Singapore.

Sharing MacGregor's opinion, Lai said: “Apple, Samsung and Microsoft have set up major plants near Hanoi, with Samsung contributing 22.7 per cent to the country’s exports in 2016. Their employees are target renters for overseas investors.”

However, it remains challenging for foreign investors to identify quality real estate investments with clear ownership, and transactions involving operating assets will remain scarce, said Neil.

Foreign investors pledged to invest $312.1 million in Vietnam’s real estate sector in the first two months of this year, according to the Foreign Investment Agency.

The sum represented 9.3 percent of pledged foreign direct investment in the country in January and February



Source: The Saigon Times

3.21.2018

Infringement of Intellectual Property Rights Under Vietnam’s Criminal Code

For the purpose of ensuring legitimate interest of manufacturers as well as consumers, reduction and elimination unfair commercial competition, the Vietnam government has been increasingly focusing on protection of intellectual property (IP) rights. This is expected to contribute to technical enhancement in domestic production industry, foreign investment attraction, reduction of IP infringements in Vietnam.

Intellectual property rights always plays an important role in international trade agreements which Vietnam has been a contracting party, especially ASEAN and WTO. The WTO requires its members to impose penalties or fines, or both, to prevent acts of intellectual property infringement for commercial purposes, in accordance with the penalty applicable to the crime of corresponding severity.

In order to consolidate and protect the social order; punish crimes; raise people’s awareness of compliance with the law; prevent and fight crimes, Vietnam has legalized sanctions for infringements of intellectual property rights under administrative, civil and criminal measures.


The Criminal Code 1999 (amended and supplemented in 2009) regulated provisions on “Infringement of industrial property rights” (Article 171). The criminal sanctions for infringement of intellectual property right are regulated in Article 225 and Article 226 of the Criminal Code 2015.

Regarding the subject of infringement of intellectual property rights, the offenders shall be (i) person who is at the sufficient age to bear criminal responsibilities; or (ii) corporate legal entity as defined in the Civil Code.

The effective protection of intellectual property rights will be an important factor that protect the interests of consumers, manufacturers, eliminating “distortion” of competition and commerce. In common playgrounds, Vietnam as well as other member countries must strictly comply with the regulations on IP issues to integrate into global economy.