Patent Registration Procedures in Vietnam

Patent ownership of an invention or a utility is only established by the registration procedure, and in accordance with the scope of protection defined in each patent in Vietnam.

 

Register patent in Vietnam

Once a dispute arisen, without other evidences, the patent is the only and the most important proof to prove the ownership. Therefore, it is advised that filing a patent for an invention or a utility model shall be a prior prevention of an infringement.

 Under the laws on Intellectual Property of Vietnam:

“Invention” means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.

Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent (or a utility model) when it satisfies the following conditions:

-It is novel

-And it is susceptible of industrial application.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you to register patent in Vietnam on an invention or a utility.

1. Our services in Patent for invention and Utility model

Our services in Patent field include:

-Searching, provision of professional opinions and advice in relation to registering ability of Patent/Utility model;

-Preparation, drafting the description and necessary documents, filing and prosecution of applications Patent/Utility model;

-Maintenance;

-Amendment;

-License;

-Assignment;

-Opposition against proceedings;

-Appeal;

-Cancellation;

-Invalidation;

2. How to file a patent in Vietnam

Inventors or Organizations or individuals who have supplied funds and material facilities to inventors in the form of job assignment or hiring have the right to file patent application in Vietnam.

An invention shall be protected in Vietnam when it satisfies the following conditions:

-Novelty;

-Inventive step;

-Industrial applicability;

3. Required information and documents

For the purpose of filling the patent application in Vietnam, the following documents will be required:

-Full name and address of applicant(s);

-Full name, address and nationality of inventor(s).

-Original Power of Attorney (POA) from the Applicant(s)

-Copy of the description, drawings and abstract of the patent application in English (in Word format) and/or the amended description, claims (if any);

-Certified document for claiming priority right (if any).

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

4. Patent Examination Procedure

The patent application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with Patent Examination Procedure as below:

-Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as from the filing date or date entering the national phase. If the invention application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed. Publication of the Patent Application is within 02 months from publication date of 19 months from priority date.

-Substantive Examination: Substantive Examination does not automatically proceed from filing, and the applicant must request for substantive examination by 42 months from the priority date, or by 36 months if the request is for a utility model, otherwise the application will be considered as withdrawn.

-Notification of the Substantive Examination Results.

-The Decision of Refusal or Request to pay fee.

-Issuing the Patent of Invention.

5. Patent Term and Maintenance

Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date. The owner of a Patent for Invention or Patent for Utility Model is required to pay annuity fees in order to maintain its validity.

If you are looking for experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

Source ANTLawyers: https://antlawyers.vn/library/patent-registration-procedures-in-vietnam.html

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How to Register Mobile Application in E-commerce in Vietnam?

 

The service conducted via mobile applications is no longer a trend, but actually it has become an essential tool for any business that wish to grow and compete in the marketplace.

E-commerce applications on mobile platforms, referred to as mobile applications, are applications installed on networked mobile devices that allow users to access databases of other traders, organizations and individuals to purchase, sell, or use services, including sales applications and e-commerce service applications.

Register Mobile Application in E-commerce in Vietnam

Owners of sale applications, including traders, organizations or individuals that have been granted personal tax identification numbers, must notify the Vietnam Ministry of Industry and Trade of sale applications. Traders or organizations owning applications providing e-commerce services must carry out the registration procedures with the Vietnam Ministry of Industry and Trade. When announcing or registering a mobile application, traders and organizations should comply with the principles when using the mobile application with both sales and e-commerce service delivery functions, register with the Ministry of Industry and Trade according to regulations; and with a mobile application, traders, organizations and individuals only perform the notification or registration procedure once for different versions of the application.

In particular, notification of sales applications includes: application name; storage address or application download address; types of goods and services introduced on the website; registered name of trader, organization or name of website owner; the address of the trader, organization or permanent address of the individual; serial number, date of issue and place of issue of business registration certificate of the trader, or number, date of issue and unit issuing the decision on establishment of the organization; or an individual’s tax code; name, title, identity card number, telephone number and email address of the representative of the trader or person responsible for e-commerce website.

For registration of applications providing e-commerce services, registration documents include: an application for registration of e-commerce service provision; authenticated copy of establishment decision (for organizations), enterprise registration certificate, investment registration certificate (for traders); scheme of providing e-commerce services; operation management regulations of applications providing e-commerce services; form of service contract or cooperation agreement between traders and organizations owning applications providing e-commerce services and traders, organizations or individuals participating in the purchase, sale or auction, promotion for goods or services on that application; general trading conditions applicable to activities of purchase, sale, or auction, promotion of goods and services on applications (if any).

The process of notification of sales applications shall comply with the process of notification of sales e-commerce websites; The process of registering e-commerce service provision applications is similar to the process of registering e-commerce service websites at the E-commerce operation management portal. After the individual or organization has completed the mobile application registration procedure and it has been certified by the Ministry of Industry and Trade, the application will be allowed to conduct e-commerce activities.

If the owner of the sale application fails to notify the competent state management agency as prescribed, a fine of between VND 10,000,000 and VND 20,000,000 will be imposed. Besides, traders or organizations that set up e-commerce service applications without registering with competent state management agencies shall be subject to a fine of between VND 20,000,000 and VND 30,000,000.

Above is the brief on mobile application registration except for mobile applications in the fields of banking, credit, insurance, trading, money, gold, crypto currency and foreign exchange applications and other means of payment, payment applications, payment intermediary services and financial services, online game applications, betting applications or prize-winning games. Traders, organizations and individuals that own mobile applications in such special areas should pay attention to comply with regulations of laws in such areas to avoid violations to the laws of Vietnam or should consult with English speaking lawyers in Vietnam for advice.

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.

Source ANTLawyers: https://antlawyers.vn/library/how-to-register-mobile-application-in-e-commerce-in-vietnam.html

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Regulation On Imposing Anti-Dumping Duty

Regulation On Imposing Anti-Dumping Duty under Vietnam Laws

Imposition of anti-dumping measure includes imposition of provisional anti-dumping duty and official anti-dumping duty. According to Law on export and import duties 2016, anti-dumping duty means an additional import duty imposed upon dumped imports in Vietnam that cause or threaten to cause considerable damage to domestic manufacturing or prevent the formation of domestic manufacturing.

 Anti-dumping Law Firm in Vietnam

The imposition of provisional anti-dumping duty is decided by the Minister of Industry and Trade according to the preliminary determination provided by the investigating authority. The rate of provisional anti-dumping duty shall not exceed the dumping margin defined in the preliminary determination. The maximum duration of imposition of provisional anti-dumping duty is 120 days from the days on which the decision on imposition of anti-dumping duty comes into force. In case of the request of an exporter of like products exported to Vietnam, the Minister of Industry and Trade may give an extension of provisional anti-dumping duty up to 60 days. The provisional anti-dumping duty shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade. The amount of anti-dumping duty paid under decision on imposition provisional anti-dumping duty issued by the Minister of Industry and Trade that is in excess of the payable amount after the official decision of Minister of Industry and Trade shall be refunded to the taxpayer.

The imposition official anti-dumping duty is decided by the Minister of Industry and Trade according to the final determination provided by the investigating authority. The rate of anti-dumping duty shall not exceed the dumping margin defined in the final determination. The maximum duration of anti-dumping duty is five years from the day on which the decision on imposition of anti-dumping duty comes into force, unless it is extended as prescribed in the law.

Two conditions for applying anti-dumping duties are the imports being dumped in Vietnam and the dumping margin must be determined and the dumping causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing. Rules for applying anti-dumping duties include: (1) Anti-dumping duty may only be applied to a reasonable extent to prevent or minimize damage to domestic manufacturing; (2) The anti-dumping duties shall be applied after an investigation is carried out and conform to the investigation conclusion as prescribed by law; (3) Anti-dumping duty shall be imposed upon dumped imports in Vietnam; (4) The application of anti-dumping duties must not cause damage to domestic socio-economic interest.

If Client needs any more information or request for legal advice regarding trade remedies measures including: anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, Our international trade and tax lawyers, and antitrust lawyers in Vietnam at ANT Lawyers, a Anti-dumping law firm in Vietnam have always followed the development of situation and update the clients on relevant matters.

Source ANTLawyers: https://antlawyers.vn/legal-service/regulation-on-imposing-anti-dumping-duty-under-vietnam-laws.html

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Requirements of Commercial franchising in Vietnam

What is the Requirements of Franchising in Vietnam?

Commercial franchising is an activity adjusted by Commercial law, whereby franchisors permit and require franchisees to undertake by themselves to purchase or sell goods or provide services on the following conditions: i) the purchase or sale of goods or provision of services shall be conducted in accordance with methods of business organization prescribed by franchisors and associated with the franchisors’ trademarks, trade names, business knows-how, business slogans, business logos and advertisements; ii) franchisors shall be entitled to supervise and assist franchisees in conducting their business activities.

 

Commercial Franchise Lawyer in Vietnam 

Commercial franchise contracts must be made in writing or in other forms of equivalent legal validity and registered with Ministry of Industry and Trade excepting some regulated cases which are not required to register but report to Department of Industry and Trade which are domestic franchises and the franchises from Vietnam to overseas.

Firstly, the franchisors, except having otherwise agreed, have the rights i) to receive franchise sums; ii) to organize advertising for the commercial franchise system and the commercial franchise network; iii) to conduct periodical or extraordinary inspections of activities of franchisees in order to ensure the uniformity of the commercial franchise system and the stability of quality of goods and services.

In the meantime, the franchisors have the obligations i) to supply documents guiding the commercial franchise system to franchisees; ii) to provide initial training and regular technical assistance to franchisees for managing the latter’s activities in accordance with the commercial franchise system; iii) to design and arrange places of sale of goods or provision of services at the expenses of franchisees; iv) to guarantee the intellectual property rights over objects stated in franchise contracts; v) to equally treat all franchisees in the commercial franchise system.

For the franchisees, except having otherwise agreed, the franchisees could i) request franchisors to provide with full technical assistance related to the commercial franchise system; ii)  request franchisors to equally treat all franchisees in the commercial franchise system.

The franchisees have the obligations to i) pay franchise sums and other amounts under commercial franchise contracts; ii) to invest adequate material facilities, financial sources and human resources to take over business rights and know-how transferred by franchisors; iii) to submit to the control, supervision and instruction by franchisors; to comply with all requirements set forth by franchisors on designing and arrangement of places of sale of goods or provision of services; iv) to keep secret the franchised business know-how even after the expiration or termination of commercial franchise contracts; v) to stop using trademarks, trade names, business slogans, logos and other Intellectual property rights (if any) or systems of franchisors upon the expiration or termination of commercial franchise contracts; vi) to manage their activities in accordance with the commercial franchise system; vii) not to sub-franchise without permissions of franchisors.

Besides the above rights and obligations, the parties may supplement others provisions demed necessary but not contrary to the provisions of law.

If Client needs more information or request for legal advice regarding commercial franchise in Vietnam, please contact with Commercial Franchise Lawyer in Vietnam at ANT Lawyers to be assisted.

Source ANTLawyers: https://antlawyers.vn/library/what-is-the-requirements-of-franchising-in-vietnam.html

 

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Telecommunications, Media & Technology (TMT) Services in Vietnam

ANT Lawyers assist clients to operate with compliance or look for opportunities to enter the market. In Telecommunications, Media & Technology (TMT) practice, our lawyers assist clients in commercial matters, corporate M&A and other transactions, regulatory issues, system integration, software development and licensing, IT services including outsourcing, software & technology agreements, data protection, intellectual property, disputes resolutions.

Telecommunications, Media & Technology Services in Vietnam

Our customers include telecom network operators and service providers, producers, software and hardware technology companies, outsourcing companies and e-commerce companies, internet companies, media and entertainment companies.

Some highlight matters include:

KDDI, a Japan telecom company, which we assist on various ongoing matters in Vietnam.

SECUREMETRIC, a Malaysian company providing digital security solutions in Vietnam, which we assist the Malaysian holding company to be listed on the Bursa Securities, advised the procedures for the local entity to be complied, conducted licensing procedures on behalf of the Client and drafted share purchase agreement for execution and carried out the process to change the ERC, IRC of the company in Vietnam under the name of the new owner with strict requirement to meet deadline for listing;

VIETFIBER, a foreign owned company with investors from Turkey manufacturing telecom equipment in Long An City, Vietnam, which we reviewed the shareholder agreements, Share Purchase Agreement, and advised procedures to complete the transfer of capital contribution from current shareholder to new investor and register with authority in Vietnam;

An Eastern European Technology company, which we advised telecommunications, media intellectual property laws on Personal Data Protection, Data Localization, and Copyrights infringement matters for their project to deliver service in Vietnam and online mobile stores in launching a personal content feed offering to users with a personalized news feed, with news items linking to a news story available on a third-party website, as well as a headline and small fragment of a news story and an accompanying image, embedded videos, the video content itself hosted on a third party website.

A Chinese Entertainment company, which we advised the client on the legal risks and compliance plan to launch a music application, an online music software providing functions of singing, recording, and uploading the songs etc, along with intelligent scoring, professional mixing, online interaction and social sharing. The advice cover areas of intellectual property permissions (including complete audio, words, music, accompaniment, music clips, etc.) on UGC (User-generated Content) or PGC (Professionally-generated Content), User License Agreement, the copyright and related rights collective management organization system including: The Vietnam Literary Copyright Center (VLCC); The Recording Industry Association of Vietnam (RIAV); The Vietnam Center for Protection of Music Copyright (VCPMC) and The Vietnam Reproduction Rights Organization (VIETPRO) whom exercise copyright licensing service, collect and distribute of royalties to the authors and rights holders whom authorized to them.

ANT Lawyers - a Law firm for TMT 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

Let ANT Lawyers help your business in Vietnam.

Source ANTLawyers:  https://antlawyers.vn/telecommunications-media-technology

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Matters on Intellectual Property Rights Registration in Vietnam

 

Important Matters on Intellectual Property Rights Registration in Vietnam

In the process of development of global business, the growth of multinational corporations or business will help individuals and companies to bring their products to the world. In addition to bringing their products to customers, the protection of intellectual property rights for products created is extremely important and necessary. We would like to highlight important matters when registering for intellectual property rights protection in Vietnam.

First, in order to be able to register for protection of intellectual property rights, the protected product must meet all conditions to be protected under the provisions of the Intellectual Property Law of Vietnam.

 

Protect intellectual property rights in Vietnam

After meeting all of conditions for protection of intellectual property rights, the owner should pay attention to the procedures for registering intellectual property rights. According to the Intellectual Property Law 2005, the time of intellectual property rights to copyright is when products are created and expressed in a certain material form without needing to register. However, industrial property rights for inventions, industrial designs, layout designs, trademarks, geographical indications are established on the basis of a decision to grant protection titles by competent state agencies rights under the registration procedures prescribed in the Intellectual Property Law or recognition of international registration under the provisions of international treaties to which the Socialist Republic of Vietnam is a member; for well-known trademarks, ownership is established on the basis of use, regardless of the registration procedure. Therefore, in order to be able to establish their intellectual property rights for products created, the owner needs to register for product protection in accordance with regulations, the order given by the Law on Intellectual Property in Vietnam. 

In addition to the prescribed registration procedures, the owner should pay attention to the time of filing the application for protection, and it is suggested to submit the application as soon as possible. Under the provisions of the Intellectual Property Law, in cases where many applications for inventions are identical or similar, industrial designs are identical or not significantly different from each other, the protection title shall be granted only for an invention or industrial design on a valid application, the earliest priority date or filing date shall be among the applications that meet the conditions for being granted a protection title. In the case of multiple applications by different people registering marks that are identical or confusingly similar to each other for products or services that are identical or similar to each other or in the case of multiple applications of the same those who register identical marks for identical products or services, the protection title is only granted to the trademark in the valid application with the earliest priority date or filing date among the applications that meet the requirements sued to be granted a protection title. In case there are many applications for registration as stipulated above and all meet the conditions to be granted a protection title and have the same priority date or the earliest filing date, the protection title will only be granted to the subject of a single application of those applications as agreed by all applicants; if no agreement is reached, the corresponding objects of those applications are refused the protection certificate.

Therefore, in order to protect their intellectual property rights, the owner needs to meet all conditions for the product, in addition to necessary procedures as prescribed by law and promptly apply for a certificate of protection for the product. The protection of products will help individuals and companies gain competitive edge during their commercial operation, in addition to avoiding the risks of being infringed upon intellectual property rights.

ANT Lawyers, a law firm in Vietnam with a team of experienced lawyers, IP consultants and IP services in Vietnam in the field of Intellectual Property will help customers implement procedures for registering intellectual property rights in the most effective way.

Source ANTLawyers: https://antlawyers.vn/library/important-matters-on-intellectual-property-rights-registration-in-vietnam.html

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How to Apply for an Copy Extract of Birth Certificate in Vietnam?

Extract of birth certificate is a document issued by a competent state agency to prove the birth fact of an individual registered at the civil status registry. According to the regulations in Vietnam, the original birth certificate cannot be re-issued. A birth extract is a certified true copy of the birth certificate. The reason people need to apply for a copy of the birth certificate extract is because the original copy of the civil status extract is lost or damaged.

According to the regulations, the authority whom issue copy extract of birth certificate will not depend on the place of residence of the person having the right to request, hence the requester can apply for a copy of extract birth certificate at civil status management agencies nationwide. However, at present, because the electronic civil status database system has not been synchronized nationwide, the request for issuance of a copy of civil status extract is still within the competence of the People’s Committee of the province, commune where the birth was originally registered. The birth certificate extract from the original has the same value as the original.

Applying for a copy of extract birth certificate is an administrative procedure. Specifically, the person who wishes to apply for a copy of extract birth certificate can do this by himself or authorize another person to carry out this procedure. In addition, the requester can apply in person or send it by post or submit an application online through the national public service portal.

In addition, the application for a copy of extract birth certificate must also comply with the regulations. Accordingly, the dossier includes: (i) Declaration; (ii) The original of one of the identification papers to prove identity; (iii) Power of attorney or documents proving the kinship relationship. The authorization must be made in writing and authenticated according to the law. In case, authorizing a relative, the authorization document does not need to be notarized or authenticated, but documents relating to the relationship with the authorizing person is needed. If the documents are in a foreign language, they must be translated into Vietnamese and notarized or authenticated by the translator’s signature as prescribed by law.

Within three working days from the date of receipt of the dossier, the civil status registration and management agency will verify the dossier and compare the information in the electronic civil status database. If the request for certification is correct, a document certifying civil status information shall be returned to the requester. In case of having to check and verify, the time limit can be extended but not exceeding ten working days. If the birth registration data is not found, the civil status agency will normally send a written reply with the content not found in the data.

You could learn more about ANT Lawyers Birth Certificate Practice or contact our lawyers at ANT Lawyers – Law Firm in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

Source ANTLawyers: https://antlawyers.vn/library/how-to-apply-for-an-copy-extract-of-birth-certificate.html

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Notice of Receipt Application for Exemption from Trade Remedies in March 2022

On March 14^th, 2022, Trade Remedies Authority has issued Notification No. 06/TB-PVTM of receipt of application for exemption from trade remedies in March 2022 (Case No. SG04, SG06, AC10.SG04).

On March 03^rd, 2020, the Ministry of Industry and Trade issued Decision No.715/QD-BCT extending the application of safeguard measures against imported DAP/MAP fertilizers holding the HS code: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

On March 20^th, 2020, the Ministry of Industry and Trade issued Decision No. 918/QD-BCT on extending the application of safeguard measures to imported billet and long steel products holding the HS code: 7207.11.00; 7207.19.00; 7207.20.29; 7207.20.99; 7224.90.00; 7213.10.10; 7213.10.90; 7213.91.20; 7214.20.31; 7214.20.41; 7227.90.00; 7228.30.10; 9811.00.00.

On March 20^th, 2020, the Ministry of Industry and Trade issued Decision No. 920/QD-BCT on the extension of the application of measures to prevent evasion of trade remedies against imported coil and wire products holdings the HS code: 7213.91.90; 7217.10.10; 7217.10.29; 7229.90.99; 9839.10.00.

In order to submit the application for exemption for exemption from trade remedies, the Trade Remedies Authority requires enterprises that meet the conditions to be exempted to submit a dossier of application for exemption from application of trade remedies in the mentioned cases to provide all documents specified in Article 14 and Appendix 03 of the Circular No. 37/2019/TT-BCT.

The relevant parties must submit the application for exemption via online public service portal or send directly to Trade Remedies Authority before 17:00 April 13^th, 2022 (Hanoi time).

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

Source ANTLawyers: https://antlawyers.vn/library/notice-of-receipt-application-for-exemption-from-trade-remedies-in-march-2022.html

 

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Conditions for Foreigners When Buying Houses in Vietnam

With open-door policies and a stable socio-economic situation, Vietnam is one of the countries with great attraction to foreign investors.  There are many foreign individuals and organizations come to Vietnam to live and work and a number of foreigners or foreign organizations wish to buy houses or apartments. Many real estate developers also wish to expand the customers base through selling houses and apartments to foreigners in Vietnam.

However, according to current law, foreigners or foreign organizations can buy houses and apartment in Vietnam; and real estate developers could sell houses and apartments in Vietnam but must meet some conditions.

First of all, to be able to buy a house in Vietnam, foreign individuals and organizations must be one of the subjects that can own houses in Vietnam. Specifically, foreign organizations and individuals that are allowed to own houses in Vietnam include: (i) foreign organizations and individuals investing in housing construction under projects in Vietnam; (ii) foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign investment funds and foreign bank branches operating in Vietnam; (iii) foreigners whom are allowed to enter Vietnam. Accordingly, to be able to buy a house in Vietnam, these subjects must prove that they fully meet the conditions prescribed by law.

Specifically, foreign organizations and individuals investing in housing construction under projects in Vietnam must have an Investment Certificate and have houses built in the project according to regulations. For foreign organizations, they must set up company in Vietnam, have an investment certificate or a document related to being allowed to operate in Vietnam, issued by a competent Vietnamese state agency. Foreign individuals must be subject to permission to enter Vietnam and not be entitled to diplomatic and consular privileges and immunities.

Besides, depending on each different object, the documents proving the object and conditions for owning a house in Vietnam vary. For a foreign individual, s/he must have a valid passport with an entry verification stamp of the exit and entry management agency of Vietnam and not be eligible for special privileges and immunities. On the other hand, for foreign organizations, they must be eligible to own houses and have an Investment Registration Certificate or a document authorized by a competent Vietnamese agency to operate in Vietnam. In addition, these individuals and organizations should note that these documents must be valid at the time of signing the housing transactions.

Therefore, if organizations and individuals meet the above conditions, foreign individuals and organizations can purchase houses in Vietnam. However, it should be noted that foreign individuals can only own houses in Vietnam in the form of apartments or separate houses in an investment project to build commercial housing.

In addition, foreigners are also not allowed to purchase houses in areas that are subject of national defense and security under Vietnamese law. Further, foreign organizations and individuals are also limited in the number of ownership. Accordingly, foreign organizations and individuals are only allowed to own no more than 30% of the total number of apartments in an apartment building, and no more than 10% for an individual housing project of less than 2,500 units.

In general, purchasing houses for foreign individuals and organizations are subject to complicated legal conditions. Therefore, in order to ensure that the purchase of housing in Vietnam is in accordance with the regulations and to limit the risks arising, relevant individuals and organizations need to learn and seek legal advice and support from real estate dispute law firm in Vietnam.

Source ANTLawyers: https://antlawyers.vn/library/conditions-for-foreigners-when-buying-houses-in-vietnam.html

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What Are New in Real Estate Trading Business in Vietnam From 2021?

 What Are New in Real Estate Trading Business in Vietnam From 2021?

The Law on Investment 2020 takes effect from January 1, 2021 with many new highlights, including the amendment of conditions for real estate business in the Law on Real Estate Trading 2014.

Specifically, amending regulations on real estate business conditions in the Law on Real Estate Trading 2014 as follows: “Any organizations and individuals trading in real estate must set up enterprises or cooperatives (hereinafter referred to as an enterprise), except for the case specified in Clause 2 of this Article. ”

Clause 1, Article 10 of the 2014 Law on Real Estate Business stipulates that “Any organizations or individuals wish to conduct real estate trading shall set up enterprises or cooperatives (hereinafter referred to as enterprises) and have legal capital not smaller than VND 20 billion, excluding cases prescribed in Clause 2 of this Article.”

In addition, the Law on Investment 2020 also amends regulations on the competence to permit the transfer of all or a portion of real estate projects. For real estate projects approved by investors or granted an investment registration certificate in accordance with the Law on Investment, the competence and procedures for the transfer of all or a portion of the project comply with regulations of the Law on Investment. For real estate projects not falling into the above cases, the competence to permit the transfer of all or a portion of real estate projects is as follows: Provincial People’s Committee decides to allow the transfer of all or a portion of the real estate projects for projects decided by the provincial People’s Committee to invest; The Prime Minister shall decide to permit the transfer of all or a portion of real estate project to projects for which the investment is decided by the Prime Minister.

In case organizations, households or individuals sell, transfer, lease, or lease purchase real estate on a small scale, rarely, it is not required for real estate enterprise to be set up, but they must declare and pay taxes according to the provisions of law.

ANT Lawyers, as a law firm in Vietnam, will always follow up the conditions for real estate business to update clients on regular basis.

We are a real estate dispute 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.

Source ANTLawyers: https://antlawyers.vn/library/what-are-new-in-real-estate-trading-business-from-2021.html

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What Are the Conditions for Initiating an Anti-dumping Case in Vietnam

 

Anti-dumping measures as trade remedies are imposed to protect the domestic market against the unfair penetration and competition from foreign goods. GATT requires member countries to reduce tariffs as well as other non-tariff trade barriers on goods in general and to impose trade remedies in accordance with statutory conditions and procedures in particular.

 

What Are the Conditions for Initiating an Anti-dumping Case

The investigating authority must verify the satisfied conditions under regulations of the anti-dumping law and requests the Minister of Industry and Trade to issue a decision on the initiation of investigations. In order to comply with GATT and ADA, an anti-dumping investigation are initiated if (i) there is obvious evidence that import of dumped goods causes or threatens material injury to an established industry or materially retards the establishment of a domestic industry and (ii) organizations or individuals representing the domestic industry submit an application for the anti-dumping measures.

How to determine dumping actions and its consequences?

The dumping action is one of the conditions required as imposing anti-dumping measures.  A product is to be considered as being dumped (i.e. introduced into the commerce of another country at less than its normal value) if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country. Besides, the anti-dumping measure shall not be imposed on a product whose dumping margin is not more than 2% of its export price.

The investigating authority must determine whether the domestic established industry is materially injured or threatened material injury or establishment of a domestic industry is materially retarded or not. The investigating authority of the importing country shall be liable for proving these factors based on specific evidences.

A causal link between the dumped imports and the alleged injury is required. The dumping of goods imported into Vietnam causes or threatens material injury to an established industry or materially retards the establishment of a domestic industry. Factors other than dumping of goods imported into Vietnam such as trade restriction policy, development of technology, export capacity and productivity of domestic manufacturing industry, etc., will not be considered as effect caused by the dumping of goods.

Whom could request for imposing anti-dumping measures?

Investigation is conducted upon request of imposing anti-dumping measures by organizations or individuals representing the domestic industry. Organizations or individuals are deemed as representation of domestic industry if: The total production of like products produced by the applicant(s) and domestic producers supporting the application is greater than those produced by domestic producers that opposite to the application; and the total production of like products produced by the applicant(s) and domestic producers supporting the application accounts for at least 25% of total production of like products produced by the domestic industry.

Upon receiving a sufficient dossier as prescribed by the laws, the investigating authority shall conduct the dossier appraisal within a certain time limit and recommend the Minister of Industry and Trade to decide whether the investigation is initiated or not.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

Source ANTLawyers: https://antlawyers.vn/library/what-are-the-conditions-for-initiating-an-anti-dumping-case.html

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