Steps in processing of the written request for analysis of imports and exports are available for use

On June 28, 2018, the Ministry of Finance issued the Decision No. 1921/QD-TCHQ on introduction of the processes for sorting commodities, and imposing tax rates on imports and exports.

Steps in processing of the written request for analysis of imports and exports are prescribed as follows:

After receipt of the written request for analysis, the inspecting officer verifies documents submitted to request analysis and searching on the MHS system to decide whether the written request is rejected or accepted for further actions.

If the written request is accepted and analysis is carried out, the inspecting officer determines analyzed indicators.

See more: Process Setting-up Foreign Owned Import Export Business in Vietnam

In case of lack of conditions for analysis, an assessment is needed:

- The inspecting unit requests the requesting customs unit in writing to assign its staff member as a representative to witness the sample splitting process.

- The sample-splitting report is prepared by using the given template. The sample sent for assessment must be split from the sample received for analysis and must be customs sealed.

- When sending the sample for assessment, the inspecting unit must clearly specify analyzed indicators to carry out sorting of commodities according to the List of imports and exports, and the Tariff Schedule applied to imported and exported commodities.

- The inspecting unit is responsible for showing assessment results in the Notification of analysis results.

The Decision No. 1921/QD-TCHQ will enter into force from the signature date.

Source: Thuvienphapluat

How ANT Lawyers Could Help Your Business?

Please click to learn more about Customs Law Firm in Vietnam or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

Read More

Streamlining gold jewelry business conditions

This is the noticeable content of the Decision No. 1417/QD-NHNN approving the plan to simplify business conditions under the authority of the State Bank of Vietnam.

According to the Decision, the State Bank has approved the plan to abolish a number of licensing conditions for purchase and sale of gold jewelry or decorative gold, including 02 following conditions: 

- The business must be established under law and have been granted the registration for trade in gold jewelry or decorative gold in the enterprise registration certificate. 

- The business must have business address, facilities and equipment necessary for its trade in gold jewelry and decorative gold.

Simultaneously, 02 conditions out of prescribed conditions for eligibility for the Certificate of conformance to gold jewelry or decorative gold production regulations will be abrogated as follows:

- The business must be established under law and have been granted the registration for production of gold jewelry or decorative gold in the enterprise registration certificate. 

- The business must have business address, facilities and equipment necessary for its production of gold jewelry and decorative gold.

The Decision No. 1417/QD-NHNN is in force from July 9, 2017.

Source: Thuvienphapluat

How ANT Lawyers Could Help Your Business?

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

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

Read More

What Laws Will be Applied for Dispute Settlement by Arbitration in Vietnam?

Under Article 14 of Law on Commercial Arbitration, applicable laws for dispute settlement by arbitration in Vietnam will be Vietnamese if the case involve no foreign element. If dispute involving foreign invested enterprise, parties need to agree on language. If parties do not have such language agreement for arbitration, the arbitration council will decide. In particular:

For a dispute involving no foreign element, the arbitration council shall apply Vietnamese law for settling the dispute.

For a dispute involving foreign elements. the arbitration council shall apply the law selected by the parties. If the parties have no agreement on the applicable law, the arbitration council shall decide to apply a law it sees the most appropriate.

When the Vietnamese law or law selected by the parties contains no specific provisions concerning the dispute, the arbitration council may apply international practices for settling the dispute, provided such application or consequence of such application does not contravene the fundamental principles of Vietnam law.

How ANT Lawyers Could Help Your Business?

Contact Us for Dispute Resolution Services provided by qualified mediators and lawyers, supported by field experts. Via email ant@antlawyers.vn, office tel +84 28 730 86 529 or talk to our partner directly at + 84 912 817 823.

Read More

What are Regulations on Collection and Use of Personal Information Under Cyber Information Law?

According to Article 17, Law on Cyber Information Security 2015, the collection and use of personal information are regulated as following:

1. Organizations and individuals that process personal information shall:

a/ Collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information;

b/ Use the collected personal information for purposes other than the initial one only after obtaining the consent of its owners;

c/ Refrain from providing, sharing or spreading to a third party personal information they have collected, accessed or controlled, unless they obtain the consent of the owners of such personal information or at the request of competent state agencies.

2. State agencies shall secure and store personal information they have collected.

3. Owners of personal information may request personal information-processing organizations and individuals to provide their personal information collected and stored by the latter.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact Cyber Security Law Firm in Vietnam for service inquiries or call our office at +84 28 730 86 529

Read More