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

4.10.2018

Determination of Competence between Court and Arbitration

Dispute resolution is always a matter of concern in Vietnam when it comes to the regulations and the effective enforcement of government authority.

The Council of Judges of the Supreme People’s Court issued Resolution 01/2014/NQ-HDTP in order to provide guidelines for the Law on Commercial Arbitration in Vietnam on dispute resolution process.

Accordingly, the courts in Vietnam are permitted to deal with disputes which are agreed to be settled by arbitrators in the following cases:

1) There is a Decision of the court on cancelling Arbitration’s Judgement, Council of Arbitration’s Decision on recognition agreement of parties.

2) The parties have agreed to settle their disputes at a specific arbitration center but it has stopped operating;


3) The arbitrators selected by the parties can not participate in solving disputes due to force majeure events;

4) The appointed arbitrator refuses to settle the dispute without an agreement on a replacement;

5) The proceedings rules selected by the parties are different from different from those of the selected arbitration center, and this center does not adopt rules of the other centers.

6) Consumers object to the arbitrator selection according to Articles 17 of the Law on Commercial Arbitration

In the first four cases, the parties must not reach an alternative agreement on replacement.

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4.05.2018

U.S. firms seek to invest in Danang real estate

HCMC – More than 40 enterprises from the U.S. sought investment opportunities in the real estate sector in Danang City at an investment forum held in the city on April 2. 

The Danang – U.S. Investment Forum was jointly held by the Danang Investment Promotion Agency (IPA Danang) and the Vietnamese National Association of Real Estate Professionals (VNARP) in the U.S., with an aim to help enterprises sound out investment opportunities and forge partnerships. In addition to 40 U.S. companies, the forum was attended by 25 real estate firms in Danang.

At the forum, a representative of U.S.-based Keller Williams Silicon City, a member of VNARP, asked the Danang City government to allow the company to study and invest in a 500-hectare complex providing education, leisure and healthcare services in Hoa Vang District.

Keller William Silicon City has earlier inked a cooperative agreement with Danang Construction Material and House - Building JSC to develop some components of the project.


Hilda Ramirez, CEO of Keller William Silicon City, said she was impressed by Danang’s rapid growth, especially in the resort sector. She and some overseas Vietnamese businessmen have plans to return to Vietnam in the coming time for investment in Danang.


Some U.S. companies are interested in projects that the Danang government is calling for investment in and incentives offered by the Danang Hi-Tech Park (DHTP). Jonathan George Hanhan, senior vice president of CSR Commercial Real Estate Service, said his company is interested in the Silicon Valley project in DHTP.

Huynh Duc Tho, chairman of Danang, said the city is promoting investment in tourism and information technology, which have much room for real estate investment.

IPA Danang and the Danang Department of Construction will do their best to support U.S. firms, Tho said, adding that DHTP is offering the best tax incentives in Vietnam.

In addition to learning more about the investment environment in Danang, overseas Vietnamese businessmen also called on Vietnamese businesses to penetrate the U.S. real estate market.

Evan Phong Huynh, executive director of D1 Gateway for Silicon Valley, called on Vietnamese enterprises to invest in the company’s project to develop a US$100 million complex gathering Asian businesses in the Silicon Valley.

Lieu Nguyen, member of the Northern Virginia Association of Realtors, said Virginia and Washington D.C. are the promising land for Vietnamese real estate developers.

According to Michael Q. Le, general director of Robert Mullins International, the U.S. investment policies have become more favorable for Vietnamese investors. As president of the Thua Thien-Hue Union of Friendship Organizations in the U.S., he pledged to support Vietnamese enterprises to do business in the U.S.

The Danang – U.S. Investment Forum is part of the Vietnam trip that will last until April 6 of a U.S. business delegation. After the forum, the U.S. businesses would visit Quang Nam Province.

At present, there are 52 projects invested by U.S. firms in Danang, with investment capital totaling more than US$518 million, accounting for over 16% of the city’s total foreign direct investment (FDI). U.S. firms mainly invest in real estate, finance, trade, tourism, education and hi-tech sectors.



Source: The SaigonTimes

4.03.2018

How to Prepare Application for Anti-dumping Review

The review of anti-dumping measures on imported goods will be conducted by Vietnam Competition Authority (VCA) 12 month from the decision by Ministry of Trade and Commerce is issued

Application dossiers requesting for review of imposition of anti-dumping measures shall including (i) Application and (ii) Other documents and information deemed necessary by the requesting party, in Public and Limited version to be submitted to VCA.

The followings information must be provided by the requesting party at the submission of application for review of the anti-dumping duty imposition:

The status of dumping of imports

This section focuses on the change in the dumping status of imports into Vietnam during the period from the imposition of anti-dumping duty to the time the applicant submits the application.

The information to be provided includes, but is not limited to, expanding / narrowing the scope of the goods subject to the imposition of anti-dumping measures; Type / type of goods, producer / exporter selected to calculate the change in dumping margin, change in margin of dumping, normal price, export price for one or a group of foreign producers/ exporter (Note: The method of calculating the data must be consistent with the methodology which the VCA has guided in the dossier requesting the application of anti-dumping measures.)


Material damages or threaten to material damages

This section identifies evidence of substantial damages / threat of material damages to the domestic industry caused by imported goods dumped into Vietnam for investigation by the VCA, decide according to the actual situation.

Requesting party should provide the following information:

– The situation of importing goods

Information and data on the situation of import of goods subject to anti-dumping measures (amount and value) from the date of application of the anti-dumping measure before the submission of the dossier according to the set form and two (02) years earlier.

– Market share of similar goods domestically produced and imported goods

Comparative information on market share of domestically produced and imported goods shall be subject to dumping from the time of imposition of tax prior to the filing of the application in the form and the previous two (02) years.

– Impact of imports on domestic prices

Information on the impact of imported goods on the prices of domestically produced goods from the time of imposition of tax prior to the submission of dossiers according to the set form and two (02) years earlier.

– The situation of production and business activities of the domestic manufacturing industry

Information on production and business activities of the manufacturing industry from the date of application of the tax prior to the date of application and two (2) years before.

– Invest in upgrading machines and infrastructure to meet domestic demand

Information on fundamental changes in machinery and factory infrastructure is related to changes in capacity and capacity to meet the needs of the Vietnamese market from the time of application of the tax before submission and two (02) years earlier of the domestic industry. Data should be shown in the following table:

Current situation of employers in the domestic industry

Number of employees (or estimated number) engaged in the production, management and distribution of domestically produced goods subject of the investigation.

Inventory fluctuations

The amount and value of inventory requested for the application of the measure anti- dumping domestic production.

Scope of goods subject to anti-dumping measures

– Purpose, reason for requesting exclusion of products imported by the company from the scope of application of anti-dumping measures.

– Information on products the company proposes to exclude from the scope of application of anti-dumping measures: HS code, technical specifications, technology, use purpose, production process, …

– The list of domestic enterprises producing the same products as the imported products of the company.

– List of other importing enterprises jointly importing the company’s proposed goods for exclusion.

– Documents indicating the difference between the company’s products proposed exclusion and similar products domestically produced. If there are quality comparisons, please indicate the source of these quality criteria (e.g.Vietnamese standards sets, internationally recognized standards …).

– Information on alternative sources of imports, the difference between those sources.

– Other information, documents and evidence that the company deems appropriate to explain the exclusion of the product is appropriate.

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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.

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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.