Investigation Questionnaire for Foreign Manufacturers and Exporters

Investigation Questionnaire for Foreign Manufacturers and Exporters in Case of the Final Review (Code of case ER01.AD03).

 Anti-dumping Law Firm in Vietnam

On October 13^th, 2021, the Ministry of Industry and Trade issued the Decision No.2301/QD-BCT on the final review of the application of anti-dumping measures to a number of H-shaped steel products originating from People’s Republic of China (China) imported into Vietnam (Code of case ER01.AD03).

On October 29^th, 2021, Department of Trade Remedies issued Official Letter No.839 /PVTM-P1 on the issuance of the Investigation Questionnaire for foreign manufacturers and exporters in the case ER01.AD03.

The Investigating Authority requires all relevant foreign manufacturers/exporters to cooperate and participate sufficiently during the investigation. The content of the response will be the basis for the Investigating Authority to review and draw a conclusion of the investigation of this case. In the event that the Investigating Authority does not receive timely responses from foreign manufacturers/exporters or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties, the information and documents collected by the Investigating Authority, including conducting on-site investigations abroad according to the regulation of Law on Foreign trade management.

The relevant parties must respond to the Investigation Authority directly to Investigation Authority before 17:00 December 05^th, 2021 (Hanoi time).

The information, data provided in the Questionnaire of the Investigation Authority and the right to access the information of the case during the investigating term will be implemented in the regulations of the laws.

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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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Trade Remedies for Polyester Long Fiber Products

How to Request Exemption from Application of Trade Remedies for Polyester Long Fiber Products (AD10)?

 

Anti-dumping Law Firm in Vietnam

On October 13^th, 2021, the Minister of Industry and Trade issued Decision No.2302/QD-BCT on applying the official anti-dumping measures on long fiber products made from polyester originating from the People’s Republic of China, the Republic of India, the Republic of Indonesia (Case No. AD10).

On October 19^th, 2021 the Trade Remedies Authority of Vietnam issued Announcement No. 23/TB-PVTM on receiving application for exemption from application of trade remedies for a number of polyester long fiber products (Case No. AD10).

The Investigation Agency requires the relevant parties that meet the conditions for exemption to consider submitting an application for exemption from anti-dumping measures including the documents specified in Clause 1, Clause 2, Article 14 of Circular 37/2019/TT-BCT dated February 29, 2019 of Ministry of Industry and Trade (Circular 37/2019/TT-BCT) and Appendix 3 issued together Circular No. 37/2019/TT-BCT.

The relevant parties submit their application for exemption to the Trade Remedies Department before 5:00 p.m. on November 18, 2021 (Hanoi time).

The information provided in the application must be accurate. After submitting the application, the concerned parties pay attention to the processing of the application. In case of necessity, the investigating authority may organize working with related parties, including verification at production and business facilities of relevant organizations and individuals to clarify the contents of the dossier.

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.

 

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Investigating and Applying Measures to Prevent the Evasion of Trade Remedies on Cane Sugar Products

On September 21^st, 2021, the Minister of Industry and Trade issued Decision No. 2171/QD-BCT on investigating and applying measures to prevent the evasion of trade remedies on some cane sugar products originating from Thailand through Laos, Cambodia, Malaysia, Indonesia and Myanmar (code of case: AC02.AD13-AS01).

 

Anti-dumping Law Firm in Vietnam

For the purpose of the investigation, the Trade Remedies Authority of Vietnam (Investigating Authority) issued Official Dispatch No. 821/PVTM-P1 on the issuance of the Questionnaire for foreign producers and exporters.

The Response to the Questionnaire shall include the general information and the sale data of the foreign manufacturers and exporters. The content of the Response shall be one of the important grounds for Investigating Authority to conclude the case.

The Investigating Authority requests all the relevant parties to cooperate by filling and sending the Response of the Questionnaire before 15:00 December 01^st, 2021 (Hanoi time). The way to answer the Questionnaire, the amount of the Response, the form and the deadline for submitting the Response are detailed in the Questionnaire.

The information, data provided during the responding process and the right to access the information of the case during the investigation shall be implemented in accordance with the regulations on confidentiality of information.

To ensure its rights and interests, the relevant parties need to answer and submit the Questionnaire on time. In case the Investigation Authority does not receive the Response on time or the information provided is incorrect or incomplete as requested, the Investigating Authority shall apply the provisions on the non-cooperation of related parties in a trade remedy case.

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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

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How to Transfer Shares in a Joint Stock Company

According to Vietnam law, joint stock company is one form of typical company types in Vietnam. For a joint stock company to be set-up, there should be at least three shareholders. In the joint stock company, the charter capital is divided into equal parts called shares. Shareholders have the right to freely transfer their shares to others, but there will be some certain restrictions.

 

How to transfer shares in a joint stock company?

Within three years from the establishment of the company and the issuance date of the Certificate of Enterprise Registration, the ordinary shares of founding shareholders may be transferred to other founding shareholders and may only be transferred to a person that is not a founding shareholder if the transfer is accepted by the General Meeting of Shareholders. In this case, the transferor does not have the right to vote on this transfer. In addition, if the company’s charter has provisions restricting the transfer of shares, the transfer of shareholders must also comply with the provisions of the Charter and these regulations will only applicable if they are written in the certificates of the shares subject to restriction.

The transfer of shares is usually made by the parties by contract or transaction on the securities market. In case of transfer under a contract, the documents shall bear the signatures of the transferor and the transferee or their authorized representatives. In case shares are transferred on the securities market, the transfer procedures prescribed by securities laws shall apply.

Shareholders of a joint-stock company have the right to donate part or all of their shares in the company to other individuals or organizations; use shares to pay off debt. At that time, individuals and organizations that are given or received the donation or debt payment will become a shareholder of the company. However, they will only become shareholders of the company from the time their information is fully recorded in the register of shareholders.

In case of the death of a shareholder that is an individual, his/her heir at law or designated by a will shall become a shareholder of the company. If such shareholder dies without an heir or the heir refuses the inheritance or is disinherited, his/her shares shall be settled in accordance with civil laws.

The last point to pay attention is when there is a share transfer event, the company shall register the changes of shareholders in the shareholder register as requested by relevant shareholders within 24 hours after the request is received.

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 services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

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Divorce Procedures Involving Foreign Elements in Vietnam

How Divorce Procedures Involving Foreign Elements in Vietnam Are Regulated?

The procedure for divorce in Vietnam involving foreign elements is one of the complicated procedures. Therefore, when implementing this procedures, the parties need to pay attention to the related legal provisions to avoid problems when conducting the divorce procedure in Vietnam or involve family lawyers for assistance in preparing documents and filing petition, especially if there are potential dispute in custody or common assets, properties division.

 Divorce dispute firm in Vietnam

Divorce involving foreign elements means termination of the husband and wife relation under a court’s legally effective judgment or decision, in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad, according to the interpretation on “divorce” and “Marriage and family relation involving foreign elements” of Law on Marriage and family 2014.

The parties when implementing this procedure need to ensure that s/he has the right to request a divorce as prescribed in Article 51 of the Law on Marriage and family 2014. Specifically, the subject of the divorce procedure must be the wife or the husband, or the legal guardian of s/he in the case s/he lost the civil act capacity. The husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

The divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency.  In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.

The Court in Vietnam has the jurisdiction to settle the divorce request. More specifically, the People’s Court of province have the jurisdiction to settle the case in which involve parties or properties in foreign countries or which must be judicially entrusted to representative agencies of the Socialist Republic of Vietnam overseas or to foreign courts.

The Court will settle the case according to the procedure on code of civil in Vietnam. The time to settle the case will be based on the details of the case. The time limit for trial preparation is from 04 to 06 months from the date the Court accepts the case. The time to set up the court is from 01 to 02 months from the date on which the decision to bring the case to trial is issued. The marriage relationship will terminate from the date the Court has the valid divorce decision.

Besides, the dossier on divorce involving foreign elements including the documents related to marriage relationship, the identification and the documents related to the property, children according to the regulations on Law on Marriage and family 2014 and Code of Civil procedure 2015. In detail, the dossier includes the petition for divorce, the copy of Identification or other personal documents (Passport, Identification card); the copy of Household book, the original of Marriage certificate, in case the parties lost the original of Marriage certificate, the parties could provide the copy of Marriage certificate with the confirmation of competent authority and need to show this information in the petition for divorce, the copy of the birth certificate of the child/children (if having the common child/children); the copies of the documents on the ownership of the property (if increasing the dispute).

In addition, when submitting the dossier on requiring to settle the divorce case: (i) if the parties got married in Vietnam, then the spouse exits abroad (and s/he could not find the address of the spouse), s/he needs to have the confirmation of the competent authority that the spouse existed; (ii) if the parties got married under foreign law wish to divorce in Vietnam, they need to implement the procedure on legalization the Marriage certificate, other related documents, and note in the register book of Department of Justice, then submit the divorce petition. In the case the parties did not implement the procedure on note in the register book but they still wish to divorce in Vietnam, they need to show the reason why they did not make the marriage note.

The person whom submit the divorce petition will submit the dossier to the People’s Court of Province where one of the parties are residing in Vietnam. The Court will check the dossier, if valid, the Court will issue the notification on paying the court fee. After the court fee is paid, the Court will accept the divorce case and issue the notification on acceptance the case to Procuracy, and defendant (the involved parties). Many Courts in Vietnam require the parties to implement the reconciliation step.

It is suggested to involve divorce dispute lawyers in Vietnam if the case of divorce would turns out to be complicated when there are disputes on custody and assets or property division.

 

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Questionnaire for Anti-dumping Investigation on Table and Chair Products From the China and Malaysia

MOIT Issues the Questionnaire for Anti-dumping Investigation on Table and Chair Products From the China and Malaysia (Code of case AD16).

 

Anti-dumping Law Firm in Vietnam

On September 01^st, 2021, the Ministry of Industry and Trade (MOIT) issued the Decision No.2091/QDD-BCT on investigating to anti-dumping measures on some table and chair products origination from the People’s Republic of China and Malaysia (Code of case AD16). The Department of Trade Remedies issued an anti-dumping investigation questionnaire on quantity and value for foreign manufacturers/exporters.

Regarding the proposal to extend the time for submitting the questionnaires, the Investigating Authority agreed to extend the time to respond to the questionnaires for the relevant parties. The content of the response will be the same with the following instructions in Official Letter No.683/PVTM-P2 dated September 16, 2021. After the extension period, the Investigating Authority does not receive timely responses from foreign manufacturers/exporters or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties, the information and documents collected by the Investigating Authority or available information and documents for giving the result according to the regulation of Law on Foreign trade management.

The relevant parties must respond to the Investigation Authority before 17:00 November 08^th, 2021 (Hanoi time).

The information, data provided in the Questionnaire of the Investigation Authority and the right to access the information of the case during the investigating term will be implemented in the regulations of the laws.

To ensure its rights and interests, the relevant parties need to answer and submit the Questionnaire on 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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

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What is Salary Payment Rules According to Labor Code 2019?

The employer shall pay the employee on the basis of the agreed salary, productivity and work quality. The salary written in the employment contract and the salary paid shall be made in Vietnam dong. If the employee is a foreigner working in Vietnam, the salary payment to foreigners can be made in foreign currency. The payment of salary to the employee by the employer has to follow salary payment rules clearly regulated under the labour to protect the interest of the employee and avoid disputes in employment relationship.

 

Employment Dispute Law Firm in Vietnam

Employers shall directly, fully and punctually pay salaries to their employees. In the cases where an employee is not able to directly receive his/her salary, the employer may pay it through a person legally authorized by the employee. Employers must not restrict or interfere their employees’ spending of their salaries; must not force their employees to spend their salaries on goods or services of the employers or any particular providers decided by the employers.

Every time salary is paid, the employer shall provide the employee with a note specifying the salary, overtime pay, nightshift pay and deductions (if any).

An employee who receives an hourly, daily or weekly salary shall be paid after every working hour, day or week respectively, or shall receive a sum within not more than 15 days as agreed by both parties; an employee who receives a monthly or bi-weekly salary shall be paid after every month or every two weeks respectively, the payment time shall be periodic and agreed upon by both parties; an employee who receives a piece rate or a fixed amount shall be paid as agreed by both parties. In case a task cannot be completed within one month, the employee shall receive a monthly advance payment based on the amount of work done in the month.

In case of a force majeure event in which the employer is unable to pay the employee on schedule after all remedial measures have been implemented, the salary shall be paid within 30 days. In case a salary is paid at least 15 days behind schedule, the employer shall pay the employee a compensation that is worth at least the interest on the amount paid behind schedule at the latest 1-month interest rate quoted by the bank at which the employee’s salary account is opened.

Failing to make payment or making underpayment of wages and salaries to employees is the breach of labor contracts which fines imposed on the employers will be at the following rates: a fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees; a fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees; a fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 51 – 100 employees; a fine ranging from VND 30,000,000 to VND 40,000,000 to be imposed if the violation involves 101 – 300 employees; a fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed if the violation involves 301 or more employees. At the same time, the employers shall be compelled the full repayment of wage and salary plus the amount of late payment interest calculated at the highest demand deposit interest rates publicly quoted by state-owned commercial banks on the date of imposition of such penalty for the violations.

According to the provisions of the Labor Code 2019, the employer must pay the employee directly, fully and on time. If due to force majeure, the employer has used all the remedial measures but cannot pay the salary on time, there is only maximum extension of 01 month for late payment. Passing this time limit, the employee has the right to unilaterally terminate the labor contract without prior notice or make complaints or filing lawsuits at competent agencies to resolve employment dispute. The time limit to request a labor mediator to settle an individual labor dispute is 06 months; the time limit to bring an individual labor dispute to the Court is 01 year from the date on which a party discovers the act of infringement of their lawful rights and interests. Employment dispute lawyers in Vietnam specializing in dispute could be engaged to protect best interest of parties involved and provide guidance to resolve in most effective ways.

Employees as well as the labor collective and employers should pay attention to selecting the most appropriate and optimal resolution solution when labor disputes occur.  It is also suggested to consult with labour lawyers of Employment dispute law firm in Vietnam speacializing in employment matters for efficiency.

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Successfully Register a Vietnam Trademark in the US

ANT Lawyers as an Industrial Property law firm with full IP license under Vietnam laws represented Live Forever Young Co., Ltd to submit an international application of trademark Live Forever Young trademark which designated the US according to the World Intellectual Property Organization (WIPO) on October 2021.

 ANT Lawyers IP law firm in Vietnam

Through the formal examination stage, on March 2021, WIPO issued a Certificate of Registration, which certifies that the above application conformed to the formal requirements of WIPO. Subsequently, WIPO notifies the Intellectual Property Office of the U.S. and this Office could conduct the substantive examination.

During the substantive examination stage, the United States Patent and Trademark Office (USPTO) issued a Non-final Office Action on May 2021. Subsequently, ANT Lawyers assisted the Client in preparing and submitting the corresponding response letter to USPTO.

After 7 months of substantive examination, on October 2021, the Live Forever Young trademark has been successfully registered in the US and USPTO issued a Registration Certificate. Accordingly, the registration will remain in full force and effect for a term of ten years from the date of issuance and may file a renewal.

Trademark registration in the US is very important for the client as this is the first step that uncovers the considerable opportunities for entering the potential market in the US. With the help of ANT Lawyers from experts in intellectual property as well as close cooperation relationships with IP law firm in different part of the world, ANT Lawyers IP law firm has assisted Clients in achieving their goals and while maximizing their rights and exploiting legal benefits from intellectual property as well as minimizing risks in the process of registration of trademark in Vietnam and international trademark registration in US.

 

 

 

 

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Final Review for the Safeguard Measure for DAP and MAP Imported Fertilizers (SG06)

The MOIT Receives the Dossier on Final Review for the Safeguard Measure for DAP and MAP Imported Fertilizers (SG06).

 

Anti-dumping Law Firm in Vietnam

On March 03th, 2020, the Ministry of Industry and Trade issued the Decision No.715/QD-BCT on extending the application of safeguard measure to DAP/MAP imported 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. The extension period for application of safeguard measures is 30 months from March 7^th, 2020 to September 6^th, 2022 (if not extended).

According to the Article 69.1 Decree No.10/2018/ND-CP on guidelines for the law on foreign trade management on trade remedies, at least 09 months before the decision on imposition of safeguard measures expires, the investigating authority shall announce the receipt of dossiers for final review of imposition of safeguard measures. Within 30 days since the announcement of the investigating authority, organizations and individuals may submit the dossier for final review of imposition of safeguard measures.

The Trade Remedies Authority in Vietnam required the domestic producers of like or directly competitive products that wish to extent the duration of the safeguard measure shall submit an application for the extension of the safeguard measure.

The dossier including an application for the extension of the safeguard measure shall obtain the evidence, showing that the domestic industry has made necessary adjustments to raise its competitive capability, and the withdrawal of the safeguard measure will cause the serious injury or threat of serious injury to the domestic industry.

Deadline for submitting the dossier on requiring final review is before 5:00 P.M on October November 09^th, 2021.

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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

 

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Anti-Dumping Measures to H-Shape Steels Imported from China to Vietnam

MOIT Implements the Final Review of Applying the Anti-Dumping Measures to H-Shape Steels Imported from China to Vietnam.

On August 21st, 2017, the Ministry of Industry and Trade issued Decision No.3283/QD-BCT on applying the official anti-dumping measure to imported galvanized steel products. The anti-dumping measure is applied until September 05th, 2022 (except having any changes, extend according to the regulations of the laws)

Anti-dumping Law Firm in Vietnam

According to the regulations of the Law on Foreign trade management and WTO Anti-Dumping Agreement, on October 13^th, 2021, the Ministry of Industry and Trade issued the Decision No.2301/QD-BCT on final review of applying the Anti-Dumping Measures to H-Shape Steels imported from China (Case No.ER01. AD03).

1.The reviewed products:

Some of H-Shape steels imported from China are holding HS Code 7216.33.11, 7216.33.19, 7216.33.90, 7228.70.10, 7228.70.90. The current anti-dumping tax for these products is from 19.03% to 29.17% dependent on the exporter.

2.The scope of the review:

i. Assess the possibility of imported goods being dumped if anti-dumping measures are terminated;

ii. The possibility that the domestic industry will suffer material injury or be threatened with material injury if the application of anti-dumping measures is terminated; and

iii. A causal relationship between the possibility of dumping and the possibility of injury suffered by the domestic industry;

iv. Other contents as prescribed by laws;

3.Registering for the related parties

The parties according to Article 74 Law on Foreign trade management could register to related parties, including:

i. Overseas organizations and individuals that produce and export products under consideration to Vietnam;

ii. Importers of products under consideration;

iii. Foreign associations whose majority of members are organizations and individuals producing and exporting products under consideration;

iv. The Government and competent authorities of the exporting country of product under consideration;

v. Organizations and individuals that submit the application for the trade remedies;

vi. Domestic producers of like products;

vii. Domestic associations whose majority of members are producers of like products;

viii. Other organizations and individuals that obtain legal rights and interests related to the investigated cases or facilitate the investigation or representative organizations of protection of customer rights.

4.The questionnaire for final review

Within 15 days since the issuance of the decision on review, the investigating authority shall send the questionnaire for review to the following subjects:

i. The review requesting party;

ii. The reviewed party;

iii. Other involved parties deemed necessary by the investigating authority.

Within 30 days after receiving the questionnaires for review, the concerned parties must provide written replies to all questions in the questionnaire.

5.The time limited for the final review

The time limit for the final review is 09 months from the day on which the decision on review is issued, with a possible extension up to 03 months if necessary.

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, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

 

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