International Law Firm in Vietnam

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services

Prae Legal Network provides clients with access to global legal resources through its vast network of well-established 242 law offices in trade centers in 129 countries.

Our respectable and influential professionals are experienced in all fields of law. We are ready to provide legal solutions to companies and people all around the world for their legal needs. We can help when you would do business transactions in the most challenging parts of the world.

Prae Legal provides comprehensive legal expertise in almost all major practice and industry areas. We have general and subject specific legal expertise that could be applied to different needs of each industry. An industry will be interested in legal developments affecting its own business and legal environment.

International Law firm in Vietnam

Together with global law firm partners, ANT Lawyers has the capability to provide in depth legal assistance in the following practice areas:

 

Together with global law firm partners, ANT Lawyers has the capability to provide in depth legal assistance in the following practice areas:

·        Agricultural & Agribusiness

·        Antitrust, Competition and Trade Group

·        Automotive

·        Aviation

·        Banking and Financial Services

·        Business Crimes and Compliance

·        Capital Markets

·        Construction and Infrastructure

·        Corporate Organizations and Securities

·        Employee Benefits and Pensions

·        Employment and Labor Law

·        Energy and Natural Resources

·        Environmental

·        Government Affairs

·        Health Care Industries

·        Immigration

·        Insolvency, Bankruptcy and Restructuring

·        Insurance and Reinsurance

·        Intellectual Property

·        Life Sciences

·        Litigation, Arbitration and Dispute Resolution

·        Media, Entertainment and Sports

·        Mergers and Acquisitions

·        Private Equity

·        Project Finance

·        Real Estate

·        Tax

·        Technology, Outsourcing and Privacy

·        Telecommunications

·        Products Liability and Toxic Tort

·        Trademarks, Copyrights, Trade Secrets and Unfair Competition

·        Product Liability and Product Safety

·        Cross-Border Transactions

·        E-Commerce & Technology

·        Product Liability and Product Safety

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Investigation of Imposing Anti-dumping and Countervailing Measure to some sugar cane products from Thailand (AD13)

On September 21^st 2020, Minister of Ministry of Industry and Trade signed the Decision No. 2466/QD-BCT regarding the Investigation ofimposing Anti-dumping and Countervailing measure to some sugar cane products from Thailand. Related parties may by themselves or authorize to experienced law firm in Vietnam on international trade to work with Trade Remedies Authority of Vietnam (TRAV) to cooperate and response.

1.Background

On August 08, 2020, Trade Remedies of authority of Vietnam (TRAV), Ministry of Industry and Trade received the dossiers on requesting the anti-dumping measure to some sugar cane from Thailand. The requester is 6 Companies representing for domestic industry being (i) Son La Sugar Joint Stock Company; (ii) Son Duong Sugar and Sugarcane Joint Stock Company; (iii) KCP Viet Nam Industries Limited; (iv) Can Tho sugar Joint stock Company; (v) The 333 Sugar Joint Stock Company; (vi) Soc Trang Sugar Corporation.

The requester provided the reasonable bases for calculation of dumping margin and acts of countervailing originated from Thailand. The requester provided the reasonable information to prove the significant damage of domestic industry. The requester’s dossier proved the existence of causal relationship between imported products and the significant damage of domestic industry.

Hence, TRAV determined dossier of the requester satisfied the law of anti-dumping, countervailing and petition of Minister of Ministry of Industry and Trade.

2.Investigation’s details

i) Products under investigation

Product’s name: Sugar cane

Scientific name: Sacarose sugar (sucrose)

Common name: include but not limited to sanding sugar, sugar cane, crystal sugar, raw sugar, white sugar, refined sugar.

Sugar cane products are classified under the following HS code: 1701.1300, 1701.1400, 1701.9910.

The Ministry of Industry and Trade may amend and supplement the list of HS codes of the product under investigation to be in accordance with the description of the product under investigation and other changes (if any).

ii) Originated of products under investigation: Thailand

iii) Period of investigation (POI)

-Period of investigation to determine the anti-dumping and countervailing action: from July 1^st 2019 to June 30^th 2020

-Period of investigation to determine the damage of domestic industry:

The first year: from July 1^st 2017 to June 30^th 2018

The second year: from July 1^st 2017 to June 30^th 2019

The third year: from July 1^st 2017 to June 30^th 2020

iv) Duty Levels Proposed by Requester:

The anti-dumping duty which is requested by the requester is 37,9%.

3.Register as related parties

Pursuant to Article 6 of Circular No. 37/2019/TT-BCT, organizations and individuals stipulated in Article 74 of Law on foreign trade management may register as related parties in this case with TRAV in order to access to publicly circulated information during the investigation process, send comments, information and evidence related to the investigation content within sixty (60) working days from the day on which the decision on investigation takes effect via post or email.

In order to ensure rights and interests, the investigating authority recommend that organizations and individuals which produce, import or use products under investigation register as related parties to carry out the right to access information, provide information and express opinions during the investigation process.

4.Investigation Questionnaire

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the Investigating Authority shall send the investigation questionnaire to the Related Parties, including:

-The applicant requests for application of Anti-dumping and Countervailing measures;

-Other domestic manufacturers which Investigating Authority knows;

-Parties requesting for application investigation of anti-dumping and countervailing measures which Investigating Authority knows;

-Importers of products under investigation;

-Diplomatic authorities of the country where the origin of products under investigation;

-Other related

5.Cooperating in the investigation process

Any related party refuses to participate in the case or does not provide necessary evidences or significantly ​obstructs the completion of the investigation, the investigation conclusion regarding such relevant party shall be based on available information.

Any related party provides false or misleading evidences, such evidences shall not be reviewed and investigation conclusion regarding such relevant party shall be based on available information.

TRAV recommends that related party participate and cooperate fully in the process in order to ensure legitimate rights and interests and avoid potential disputes.

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What Need to Know About Dispute between Foreign Investor and Host State?

 

In the globalization and international integration in general as well as economic integration in particular, foreign investment including foreign direct investment (FDI) and indirect foreign investment in countries ảe increasing significant. This trend also comes along with the growth of international investment dispute between foreign investor and host state (or related state agencies). This dispute is often complex with huge amount of compensation demanded by the investor.

Subjects of this dispute include foreign investor (plaintiff) and host state or related state agencies (defendant). In particular, Vietnam laws stipulate that foreign investor means an individual holding a foreign nationality or an organization established under foreign laws an making business investment in Vietnam. The second subject is state, a “special” subject because this subject is the beneficiary of “jurisdictional immunity”. Specifically, jurisdictional immunity is a right of a state which do not be judged by any international or national jurisdiction without the consent of such state.

This dispute shall relate to the investment of foreign investor in host state according to regulation of (i) investment law of host state; (ii) treaty of promotion and protection of investment (bilateral investment treaty - BIT) or investment chapter in bilateral/regional trade agreements; or (iii) contract relating to investment of foreign investor and competent state agencies. 

To promote foreign investment and to protect investors, countries around the world as well as Vietnam have signed and will sign bilateral agreements on promotion and protection of investment (BIT), agreement between countries on promotion and protection of investment (international investment agreement – IIA), free trade agreement (FTA) having investment chapter. Accordingly, investor holding the nationality of a signatory to investment agreement (chapter) is entitled to have full protection and security, fair and equitable treatment, non-discrimination, no expropriation... of investment according to regulation of such investment agreement (chapter) in host state. Besides, to ensure that dispute between foreign investor and host state will be fairly and properly settled and to prevent the case of refering to jurisdictional immunity to avoid being sued, there are provisions on dispute settlement mechanisms between foreign investor and host state in most of these agreements.

Through investment agreement (chapter), the host state abandons its right of jurisdictional immunity to be sued and judged at competent jurisdiction. If the host state violates and harms the foreign investor, such country shall compensate according to judgement of that jurisdiction. Jurisdictions being competent to resolve disputes between foreign investor and host state may be arbitration, court of the host state; international arbitration; or other jurisdictions by agreement between the parties. 

Behaviours which state violates commitment on investment protection may be very broad, including: (i) expropriation such as: requisition or nationalization without compensation; “indirect” requisition or “according to regulation” without reasonable compensation; (ii) no fair and equitable treatment; (iii) no full protection and security; (iv) there is discrimination such as violation of most favoured nation and national treatment; (v) and/or other violations such as: legal obligation/commitment, right of withdrawing investment and interest, compensation due to war or riot.

Dispute resolution process between foreign investor and host state usually takes place with three stages, including (i) conflict management stage means carrying out resolving complaints and consultation, mediation; (ii) dispute resolution stage; and (iii) implementation stage. In above process, consulting with international dispute lawyers in Vietnam to for resolution of international investment disputes is a very important and necessary.

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What Impact of Force Majeure and Basic Change of Circumstances for Contractual Relations During Covid 19 Pandemic?

Whether purpose contract has been achieved or not does not only depend on compliance with contract but also is controlled by conditions, objective circumstances. In the current pandemic situation, which regulations do participants in contract need to pay attention to?

According to Vietnam laws, event shall be regarded as force majeure if it meets three conditions: (i) objective factors; (ii) not able to be foreseen; (iii) not able to be remedied by all possible necessary and admissible measures being taken. It should be noted that epidemic is regarded as event of force majeure if there is factor of “not able to be remedied”. Covid-19 pandemic, in legal aspect, initially was not a force majeure event. Only when it broke out and the Government issued Directive on nationwide social dítancing, it appears that this pandemic become force majeure event. Specifically, according to request of Directive, all operation must stop, and this request seems to make Covid 19 epidemic meeting enough three mentioned conditions. Legal consequences of force majeure event is that if there is loss, and the obliger shall not take responsibility.

However, in the current pandemic situation, not all contractal relations will apply above principle. When force majeure event occurs, factor in performance of contract must be considered. This is fundamental difference between definition of “force majeure event” and “basic change of circumstances”. Specifically, the contract will not be performed in force majeure event and will be performed with many considerable changes compared to initial estimate in basic change of circumstances. According to the laws, the change of circumstances shall be deemed basic when it meets all following conditions: (i) The circumstances change due to objective reasons occurred after the conclusion of the contract; (ii) At the time of concluding the contract, the parties could not foresee a change in circumstances; (iii) The circumstances change such greatly that if the parties know in advance, the contract has not been concluded or are concluded, but with completely different content; (iv) The continuation of the contract without the change in the contract would cause serious damage to one party; (v) The party having interests adversely affected has adopted all the necessary measures in its ability, in accordance with the nature of the contract, can not prevent or minimize the extent of effect.

In the case of basic circumstances change, the affected party may request the other party to the re-negotiate the contract in a reasonable period of time. If the parties can not reach an agreement on amending the contract within a reasonable period of time, any of the parties may request a court or arbitration to terminate the contract at a specific time or amend the contract to balance the lawful rights and interests of the parties due to basic change of circumstances. The court may only decide to amend the contract in the event that the termination of the contract would cause greater damage than the cost to perform the contract if it is modified. In the process of negotiating on amendments and termination of the contract and the court or arbitration handling the case, the parties must continue to perform its obligations under the contract, unless otherwise agreed.

In the current pandemic situation, many places are still allowed to operate normally but there must be careful prevention measures. But these prevention measures are the cost that enterprise has to cover which is not small. Therefore, the contract can still be performed but one party has to suffer huge losses compared to initial estimate. In this case, the law allows parties to re-negotiate. If parties can not reach any agreement, such case shall be brought to the court or arbitration to be solved. There are two possibilities: firstly amending the contract to balance the parties’ rights, secondly terminating the contract at a specific time if the contract can not be amended.  And it is important to consult with dispute lawyers for possible options before taking the matters further to protect best interests in the transaction.

Let ANT Lawyers help your business in Vietnam.

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Marriage and family in Vietnam

Marriage and family matters are of importance to each individual. Decision on such will impact their life for a long period of time. Marriage and family lawyers could help clients make right decisions and provide services required.  At ANT Lawyers, a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City, we assist clients on:

-Consulting the general provisions of the Law on Marriage and Family in Vietnam;

-Reviewing and drafting prenuptial agreement;

-Advising on marriage with foreigners;

-Advising on divorce involving foreigners;

-Consulting on division of property, children in divorce;

-Consulting on lawsuit to protect interests;

-Lawyers representing and protecting the clients at competent authorities;

-Consulting on child adoption procedures.

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What Are Rights and Obligations of Foreigners Owning Properties in Vietnam?

According to the current Vietnamese law, the ownership of houses in Vietnam by foreigners has changed significantly towards more openness. However, home ownership of foreigners and Vietnamese citizens are still different.

Foreign house ownership is allowed in commercial housing construction projects only (i.e., only in newly formed residential areas), not an area of national defense and security purpose. In case of house donation or inheritance of house not subject to this regulation, the foreigener only receives the value of that house.

The foreigners combined may not buy, rent and purchase, receive, inherit and own more than 30% of apartments in an apartment building; or not more than 250 houses of separate houses including villas, row houses in an area whose population is equivalent to a ward-administrative division

In an area whose population is equivalent to that of a ward, if there is a commercial housing construction project for sale or lease-purchase, the quantity of detached houses that may be owned by foreigner is specified below: where the quantity of detached houses of an project is fewer than 2,500, foreigner may own up to 10% of the houses of such project; where there is only one project whose quantity of detached houses is equivalent to 2,500 houses, foreigners may own up to 250 houses of them; where there are two or more projects where the total quantity of detached houses does not exceed 2,500 houses, foreigners may own up to 10% of the houses of each project. In case a house is donated or inherited in excess of the number of houses under this regulation, only the value of that house is entitled.

The foreigners are eligible for the homeownership as agreed in agreements on housing sale, lease purchase, gifting, or inheritance for not more than 50 years from the date of issuance of the Certificate and have can be extended further according to the Government’s regulations if the need arises; house ownership period must be specified in the Certificate.

In case a foreign individual marries a Vietnamese citizen or an overseas Vietnamese, he/she can own a stable, long-term house and has the same rights as a Vietnamese citizen.

The foreign organization are eligible for the homeownership as agreed in agreements on housing sale, lease purchase, gifting, or inheritance for not longer than duration stated in their Certificate of investment, including extension duration, the duration of the homeownership shall be determined from the day on which the organization is granted the Certificate and stated in such Certificate.

In addition, foreign organizations and foreign individuals permitted to enter Vietnam have the same obligations as Vietnamese citizens but must comply with the following provisions:

If the homeowner is a foreign individual, he/she is entitled to lease house for lawful purposes provided that he/she notifies the agency of district in charge of housing where the house is located of housing lease as prescribed in regulations of the Minister of Construction and pays taxes on housing lease as prescribed before leasing houses. If a foreign individual gets married to a Vietnamese citizen or an oversea Vietnamese, he/she qualifies for stable and long-term homeownership and has all rights of homeowner similarly to Vietnamese citizens.

If the homeowner is a foreign organization, its house is/are only provided for their employees but it is not allowed to use their house for lease, offices, or other purposes.

The above are provisions on rights and obligations of foreign organizations and individuals when owning properties in Vietnam.  For specific matters, please consult with property, real estate lawyers for legal advice for the property transaction from deposit agreement, house sales and purchase agreement, and registration of ownership with authorities for certificate of land use right, or house owernship certificate of to avoid property disputes in Vietnam, where the house ownership, land use rights are restricted for foreigners.

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Receiving the Exemption Dossier of Imposing Anti-Dumping Measure in AD07 Case

On August 25, 2020, Trade Remedies Authority of Vietnam (TRAV) – Ministry of Industry and Trade issued the notification on receiving exemption dossier of imposing anti-dumping measure to some plastic products and products from plastic made of polyme from propylen originated from republic People's ofChina, Kingdom of Thailand and Malaysia.

The products which subjected to impose anti-dumping measure with the following HS code: 3920.20.10, 3920.20.91.

According to Article 10 Circular 37/2019/TT-BCT, Minister of Ministry on Industry and Trade consider to exempt the imposing of temporary anti-dumping measure, official anti-dumping measure to some imported products which imposed trade remedies in the following cases:

1. Goods cannot be domestically produced;

2. The good has characteristics which are different from and cannot be substituted by the domestically produced products;

3. The goods are special products of the like or directly competitive products produced by domestic industry;

4. There are no sale of the like or directly competitive products produced by the domestic industry in the ordinary course of trade in the domestic market;

5. The like or directly competitive products produced by the domestic industry are not enough to satisfy the needs of the domestic market;

6. The imports within the total quantities of imports requesting for exclusion prescribed in above 5 cases are intended for serving research and development purposes as well as other non-commercial purposes.

Requesting exemption dossiers must be submitted online or at TRAV office before 5p.m on September 24^th, 2020.

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