Vietnam to Initiate the Investigation of Imposing Anti-dumping Measure to HFCS (AD11)

On June 29^th 2020, Minister of Ministry of Industry and Trade signed the Decision No. 1715/QD-BCT regarding the Investigation of imposingAnti-dumping measure to some High Fructose Corn Sweetener Products with the HSCode of 1702.60.10 and 1702.60.20 from People’s Republic of China and Republicof Korea (Case AD11). Related parties may by themselves or authorize to experienced law firm in Vietnam on international trade to work with Trade Remedies Authority of Vietnam to cooperate.

Background

May 21 2020, Trade Remedies of authority of Vietnam (TRAV), Ministry of Industry and Trade received the dossiers on requesting the anti-dumping measure to some HighFructose Corn Sweetener Products with the HS Code of 1702.60.10 and 1702.60.20from People’s Republic of China (China) and Republic of Korea (Korea).

The requester is the representative of domestic of refined sugar industry, includes six (06 companies: (i) Son La Sugar Joint Stock Company (ii) Lam Son Sugar Cane Joint Stock Corporation (iii) KCP Vietnam Industries Limited (iv) Can Tho sugar Joint stock Company (v) MK Sugar Vietnam Company Limited (vi) La Nga Sugar Cane And Sugar Joint Stock Company. In which, production of Requester and Supporter take 59,94% total similar production produced domestically and there is no domestic producer opposing the case.

The requester provided the reasonable bases for calculation of dumping margin originated from China and Korea. 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 and petition of Minister of Ministry of Industry and Trade.

Investigation’s details

-Products under investigation

Product’s name: High Fructose Corn Sweetener

Science name/English name: High-Fructose Corn Syrup

Common name: Tropicana slim, syrup sugar, corn sugar, corn syrup sugar, HFCS

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

-Originated of products under investigation: China and Korea

-Period of investigation (POI)

·        Period of investigation to determine the anti-dumping action: from April 1^st 2019 to March 31^st 2020

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

·        The first year: from April 1^st 2017 to March 31^st 2018

·        The second year: from April 1^st 2018 to March 31^st 2019

·        The third year: from April 1st 2019 to March 31st 2020

-Duty Levels Proposed by Requester:

China: 36,09%

Korea: 40,02%

-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 can 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 mentioned in this Notice according to form issued in Annex I of Circular 37/2019/TT-BCT and send them to TRAV 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

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 measures;

-Other domestic manufacturers which Investigating Authority knows;

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

-Importers of products under investigation;

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

-Other related

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.

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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What are the benefits of intellectual property protection for a company?

Intellectual property includes a Trademark, Copyright, and Patent. It is important for a business as it shields them from rivals so that their idea or invention does not get copied.

Protect Intellectual Properties Rights in Vietnam

Intellectual property, like any other company asset, is part of a mix or resources that a company will use to create products and grow market share. IP is valued (in an accounting sense), sold, created or purchased based on a company’s strategy or business model - just like normal assets.

Some companies are very IP focused (software, pharma) and some not so much. Companies with a lot of licensing activities (think films & toys) are also very IP focused even though you may not immediately think so. IP is a means to differentiate your business (trademarks) or, if you have the financial resources, blocking competitors (patents). Again, this all boils down to how you want to use your company’s resources.

Along with this, there are other benefits that prove that intellectual property protection is important for a company. They are:

-Ability to have competitive advantages over small businesses.

-Enhances company value and goodwill.

-It helps to market your products and services.

-It provides export opportunities.

-You can easily acquire financial support for business.

Hope this helps…

Source: Quora

If you are interested in finding IP services in Vietnam, let ANT Lawyers helps. We can connect you with a skilled lawyer that is much more affordable than a traditional law firm attorney. Check us out and please get in touch if you’d like more assistance.

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What are the benefits that a society gets from intellectual property rights (IPR)?

In theory, intellectual property encourages innovation by rewarding scientists, inventors, artists, scholars, and other creators with exclusive rights to their ideas and expressions. This in turn results in greater artistic, scientific, and technological achievement, which in turn advances the economy and quality of life, and progress of humanity as a whole.   

IP Enforcement in Vietnam

It also satisfies a deeply held sense of ownership, that if you discover or make something it’s yours. This may be cultural rather than innate – not every society believes this about the fruits of creativity.

Whether an IP regime serves these goals depends a lot on the legal regime put in place around it, and how that plays in a given cultural and economic context. To establish something as property involves creating a bundle of rights such as a right to alienate it by selling, trading, or licensing, a right to exclusivity, the ability to create and enforce contracts about it, and a right to enforce ownership through legal means. A lot of fine tuning is involved, which could result in an effective IP system, or alternately, one that enforces privilege and disparity of wealth by denying basic things like life-saving drugs, software tools, or popular songs to those without ability to pay, that concentrates wealth by adding IP assignment terms to every employment or contractor relationship, or that suppresses innovation by denying creators access to what other creators have done. Even so, an unfair IP regime may (or may not) create wealth for a society.

If you are looking for an experienced IP attorney in Vietnam to help you with your patent application, you should visit ANT Lawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your patent. We routinely match inventors with experienced IP attorneys for a free consultation on our platform and offer a money back guarantee.

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How Mediation and Labor Arbitration Councils Work in Settlement of Labor Disputes?

During and after the Covid-19 pandamic, the financial health of enterprises have been negatively impacted leading to management’s decision to reduce cost through termination of labour contract with employee. The illegal termination of labour contract could lead to disputes between employer and employee which sometime would cost the employer more than it gains. It is important for the employer to engage with labour lawyers to consult before taking the decision to consider factors that would involve. After disputes arise, mediator or labour arbitration councils could be used for resolving disputes.

Individual labor disputes shall be settled through mediation by labor mediators before being brought to the Labor arbitration council or the Court, except for the following labor disputes which mediation is not mandatory: disputes over disciplining under dismissal or unilateral termination of employment contracts; disputes over damages and allowances upon termination of employment contracts; disputes between a domestic worker and his/her employer; disputes over social insurance in accordance with social insurance laws, disputes over health insurance in accordance with health insurance laws, disputes over unemployment insurance in accordance with employment laws; disputes over insurance for occupational accidents and occupational disease in accordance with occupational safety and hygiene laws; disputes over damages between an employee and enterprises, organization that dispatches the employee to work overseas under a contract; disputes between the outsourcing employee and the employer using outsourcing employee.

The mediator shall complete the mediation process within 05 working days from the receipt of the request from the requesting parties or the authority. Both disputing parties must be present at the mediation meeting. The disputing parties may authorize another person to attend the mediation meeting.

In case the two parties reach an agreement, the labor mediator shall make a written record of successful mediation which bears the signatures of the disputing parties and the labor mediator. In case the two parties do not reach an agreement, the labor mediator shall recommend a mediation option for the disputing parties to consider. Where the two parties do not agree with the recommended mediation option or where one of the disputing parties is absent for the second time without a valid reason after having been legitimately summoned, the labor mediator shall make a record of unsuccessful mediation which bears the signatures of the present disputing parties and the labor mediator.

The disputing parties shall be entitled to request the settlement from Labor arbitration councils in the following cases: a disputing party fails to perform the agreements specified in the record of successful mediation; mediation is not mandatory; the labor mediator fails to initiate the mediation by the deadline; the mediation is unsuccessful.

After the Labor arbitration council has been requested to settle a dispute, the parties must not simultaneously request the Court to settle the same dispute.  If within 07 working days from the receipt of the request, an arbitral tribunal is not established; or within 30 working days from the establishment of the arbitral tribunal, it fails to issue a decision on the settlement of the labor dispute, parties shall be entitled to request the settlement from the Court. In case a disputing party fails to comply with the decision of the arbitral tribunal, the parties are entitled to bring the case to Court.

If the client needs any other information or requires for further advice, our lawyers at ANT Lawyers in Vietnam will be available for service.

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Digitalizing Vietnam Supporting Industry Database

On June 19, the Department of Industry (Vietnam Ministry of Industry and Trade) collaborated with the International Financial Corporation (IFC) of the World Bank Group, with funding from the Australian Department of Foreign Affairs and Trade (DFAT) and the Swiss Federal Economic Office (SECO) organized the “Opening Ceremony of the Database System of Vietnam’s processing, manufacturing and supporting industries” and put the Supporting Industry Portal into operation.

Digitalizing Vietnam Supporting Industry Database

This system is intended to support the provision of adequate information about enterprises for organizations and individuals wishing to search, connect and trade; It provides foreign-invested enterprises (FDI enterprises) with an overview of production capacity, supply capability, product quality and technology of Vietnamese manufacturing enterprises, as the same time, enhancing connectivity between Vietnamese enterprises and FDI enterprises and investors.

Supporting industries are industries that produce raw materials, accessories, spare parts, and semi-finished products to supply the manufacturing, processing and assembling industry of finished products being production materials manufacturing or consumer products.

Vietnam’s supporting industry is growing and playing an important role in participating in the global supply chain and value chain. Large foreign companies and corporations have established many company manufacturing, processing and assembling factories in Vietnam. In 2019, the whole country has 3,478 new projects, with a total capital of nearly 31.8 billion USD; in which, processing and manufacturing industry accounted for the highest proportion with a total capital of 21.6 billion USD, accounting for 67.8% of total registered investment capital. This demonstrates the expectation of FDI enterprises to reduce transportation costs and risks, so it will create great opportunities for domestic parts suppliers to develop production.

According to data on the Enterprise Information Database system, Vietnam now has 500 enterprises in the field of mechanical engineering, 347 enterprises in the field of automobiles, 750 enterprises in the field of electricity, 1,145 enterprises in the textile sector and 910 enterprises in the footwear sector.

The database system of manufacturing, processing and supporting industries is an important milestone in addressing the need to establish a domestic B2B connection network with foreign countries, helping enterprises and investors finding information quickly, accurately, meeting the needs of investment connection, enhancing cooperation opportunities between Vietnamese enterprises and FDI enterprises and multinational corporations.

In the future, the government will continue to support resources and finance to improve the qualifications of the database system management staff, expand the data information of many industries and continue to develop new features that allow enterprises to create their own booths to introduce products, proceed to establish an e-commerce platform for the processing, manufacturing and supporting industries, help enterprises proactively approach and promote cooperation, contribute to the development of Vietnam’s industry in the future.

ANT Lawyers - A law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm net work covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.

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

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What are Conditions for Cosmetics Manufacturing and Trading in Vietnam?

Cosmetic product is a substance or preparation that is used to contact parts of the outside of the human body (skin, hair system, nails, toenails, lips and outside of the genitalia) or teeth and oral mucosa with one or more of the following main purposes: cleaning, aromatic, changing the appearance, appearance, adjusting body odor, keeping the body in good condition. Investors in the field of cosmetics manufacturing and trading are not restricted under Vietnam’s commitments when joining the WTO. Therefore, investors are allowed to establish economic organizations with 100% foreign investment.

However, the field of cosmetics manufacturing and trading is a conditional business for foreign investors. After being granted an investment registration certificate and enterprise registration certificate, before conducting business activities, investors must meet the conditions to be allowed to operate. To produce cosmetics, investors need to apply for a certificate of eligibility for cosmetics production. In order to sell the cosmetics manufactured by the enterprise itself, investors need to meet the conditions for cosmetic product announcement, apply for a cosmetic product proclamation certificate before launching the product to the market. In addition, for trading cosmetic products, investors need to apply for a business license for retail goods.

In order to have a certificate of eligibility for cosmetics production, a cosmetics manufacturing establishment must meet the conditions on personnel, facilities and quality management system.

Regarding personnel, the person in charge of production must have specialized knowledge in one of the following specialties: Chemistry, biology, pharmacy or other relevant subjects to meet the requirements of the job.

Regarding the conditions of facilities, there should be locations, areas, workshops and equipment to meet the requirements of production lines and types of cosmetic products that such establishments are expected to produce as stated in the dossier of application for a certificate of eligibility for cosmetics production; storage of raw materials, packaging materials and finished products must ensure a separation between raw materials, packaging materials and finished products; have separate areas for storage of flammable and explosive substances, highly toxic substances, discarded, recovered and returned materials and products.

At the same time, the quality management system meets the following requirements: raw materials, auxiliary materials and semi-finished products used in cosmetic production must meet the manufacturer’s quality standards; water used in the production of cosmetics must at least meet national technical standards on drinking water promulgated by the Minister of Health; having production processes for each product; having a quality control department to check the quality of raw materials, semi-finished products, packaged products and finished products.

A dossier of application for a certificate of eligibility for cosmetics production comprises the following documents: an application for a certificate of eligibility for cosmetics production; floor plans and designs of production facilities; list of existing equipment of the manufacturer.

For cosmetic products proclamation, the dossier must include the cosmetic product proclamation report with the proclamation data (soft version of proclamation report). Complete cosmetic products at each different manufacturing company are individually announced.

In addition, investors conducting retail distribution of cosmetics need to apply for a business license. Foreign investors shall be granted a business license when having a financial plan in order to undertake the activities for which a business license is requested; and not having overdue tax debts if it has been established in Vietnam for one year or more. In addition, if the foreign investors belong to a country or territory which is a member of an international treaty of which Vietnam is also a member and which commits to open the market for goods trading and directly related activities, they need to satisfy the conditions on market access in the international treaty of which Vietnam is a member. If the foreign investor does not belong to a country or territory which is a member of an international treaty of which Vietnam is also a member, they must satisfy the following criteria: consistency with the provisions of specialized branch law; compatibility with the competitive level of domestic enterprises in the same operational sector; ability to create jobs for domestic workers; ability to contribute and level of contribution to the State budget. An application file comprises: request for issuance of a business license; explanatory document; data from the tax office proving that there are no overdue tax debts; copies of the enterprise registration certificate and of the investment registration certificate (if any) for the project of goods trading and directly related activities.

For the efficiency, it is recommended to seek advice from lawyers in Vietnam in the specialized fields for legal consultancy.

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

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What happens if I have a trademark without registering?

Trademark registration provides protection and exclusive rights to the owner of a Trademark in relation to his goods and services used commercially.

Trademark registration services in Vietnam 

A Trademark differentiates the identity and brand name of a business and separates the goods and services of a business from that of other similar goods or services in the market.

If your Trademark is not registered, it can be easily infringed upon by someone. In such case, you cannot file an infringement suit, but only claim remedy for passing-off. Passing off in trademark is when infringement of an unregistered trademark happens. The mark is not only deceptively similar to the trademark of other company but also creating confusion for the customers, which ultimately results in damage to the business of company.

Legal Remedy In Case Of Passing Off

The trademark owner can file a suit in district court/ High Court within the local limits of the jurisdiction, where the person instituting actually and voluntarily resides or carries on business or personally works for gain.

Where the passing off does not involve the use of trademark or where there is no sale of goods, the suit may be filed in a subordinate judge’s court or a court of superior to it. The plaintiff in a suit for passing off must be the owner of an unregistered trademark which has acquired reputation in relation to some goods or the owner of the goodwill in a trade name, or get-up relating to some goods or business or profession.

The defendant in the suit must be a person who has passed off or whose activities are likely to pass off his goods or business as the goods or business of the plaintiffs. Passing off actions may be instituted by many plaintiffs in a representative capacity provided there is a common interest, common grievance and a remedy beneficial to all. The rules governing the preparation of the plaint and the subsequent proceedings are the same as in any other suit and are governed by the Code of Civil Procedure.

If you are looking for an experienced Trademark attorneys in Vietnam to help you with your trademark application, you should visit ANT Lawyers.vn. Our attorneys have experience with the trademark process and will work closely with you as you apply for your trademark. We routinely match inventors with experienced Trademark attorneys for a free consultation on our platform and offer a money back guarantee.

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How to Resolve Disputes of Registration and Usage of the National Domain Name?

Information technology disputes are disputes arising in information technology application and information technology development activities, including the disputes over the registration and usage of the national domain name “.vn”.

Domain names are names used to identify addresses on the Internet. Domain names are usually named after enterprises, trademarks, services, products, copyrights and geographical indications to facilitate the promotion of businesses, trademarks, goods and products.

Basis for settling disputes over domain names at the request of the plaintiff: the domain name under dispute is identical or similar to the domain name of the plaintiff, identical or similar to a trademark or brand name; the defendant has no lawful right or interest related to the domain name; the defendant leases out or transfer the domain name to the plaintiff who owns the brand name or trademark that is identical or confusingly similar to the domain name; leases out or transfer the domain name to the competitor of the plaintiff for self-seeking purposes or for illicit profits; the defendant appropriates the domain or prevents the plaintiff who owns the brand name or trademark that from registering the corresponding domain name for unhealthy competition; the defendant uses the domain name to tarnish the reputation of the plaintiff, obstruct the business of the plaintiff, or cause confusion and destroy the trust of the public in the brand name or trademark of the plaintiff for unhealthy competition; other cases in which the defendant is proved that his or her using the domain name violates lawful rights and interests of the plaintiff.

The defendant is considered to have lawful rights and interests related to the domain name if one of the conditions below is satisfied: it is proved that the domain name or the corresponding name is used or intended to be used for the provision of real products or services before the dispute arises; the domain name is known by the public though without trademark; the domain name is being used legitimately for non-commercial purposes or does not cause confusion, which affects the brand name or trademark of the plaintiff; there is evidence for the legitimacy of the domain name of the defendant.

Disputes over the registration and use of “.vn” domain names shall be settled through negotiation and conciliation, mediation, arbitration; filing lawsuit at court.

The parties may conduct conciliation before or during the proceedings. Procedures for conciliation before or during the course of legal proceedings comply with the provisions of law. In case the parties can reach an agreement on the settlement of disputes, the parties must prepare a Minutes of successful conciliation in accordance with the law and this Minutes must be sent to the “.vn” domain name registrar or Vietnam Internet Network Information Center as a basis for settling disputed domain names.

Besides, the parties may choose arbitration to resolve domain name disputes arising in commercial activities. Procedures for resolving domain name disputes arising from commercial activities at arbitration centers shall comply with the provisions of law.

The parties may request the competent People’s Court to resolve domain name disputes in civil relations and commercial activities. Procedures for resolving domain name disputes in civil relations or commercial activities at the People’s Courts shall comply with the provisions of the Civil Procedure Code 2015 and relevant laws.

In case of successful conciliation in accordance with the law on conciliation; arbitral awards and decisions according to the law on arbitration;court judgments and decisions clearly state that the disputed domain names are withdrawn, allowing the plaintiffs to register their usage, the judgment creditors (who are the plaintiffs in the dispute settlement cases) will be given priority for registration in the term of 45 days from the date the document, decision, judgment or judgment takes legal effect. After this period, the domain name will be free to register.

The registration and usage of Vietnam national domain name “.vn” is carried out on the principle of equality, non-discrimination and first use right when registering early. Therefore, enterprises and organizations should pay attention to early registration of relevant domain names to avoid disputes over domain names. Litigation and dispute resolution lawyers in Vietnam could be consulted for advice if requested.

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Automatic Extension of Temporary Residence for Foreigners in Vietnam

On May 18th, 2020 of the Immigration Department, issued a Notice of “Automatic Extension of Temporary Residence” for foreigners. Accordingly, foreigners who enter the country on the basis of visa exemption or entry on e-visas or tourist visas from March 1st, 2020 are now “automatically extended temporary residence” until the end of June 30th, 2020.

They may exit during the above period without having to carry out procedures for extending the temporary residence. In case of entry before March 1st, 2020, if proved to be stuck due to Covid-19 epidemic, certified by the diplomatic mission through a diplomatic note (with a Vietnamese translation) or a written certification issued by the Vietnamese competent authority on isolation, treatment of Covid-19 or other force majeure reasons, the foreigners are also considered to emjoy “automatic extension of temporary residence” until June 30, 2020 and must present the above note or confirmation document on exit.

In the meantime, the foreigners during the “automatically extended temporary residence” period must still declare temporary residence and medical declaration as prescribed.

Foreigners who are not subject to the above provisions or have committed other law violations shall comply with current provisions of Vietnamese law.

Immigration lawyers in Vietnam at ANT Lawyers in Vietnam always follow changes in the immigration laws to provide update to the client.

Please click here to learn more about ANT Lawyers Foreign Investment Practice or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

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Vietnam Authority Received Request to Investigate Anti-Dumping Case of High Fructose Corn Sweetener Products (HFCS) from China and Korea

On May 21^st, 2020, Trade Remedies Authority of Vietnam (TRAV) acknowledged the Dossier on request of investigation to impose the anti-dumpingmeasures to some High Fructose Corn Sweetener products (HFCS) originated from People’s Republic of China and Republic of Korea from the companies representing the domestic industry (Requester). If there is anti-dumping actions, the anti-dumping investigation will be initiated and related parties would cooperate with TRAV to provide data as required.

On the basis of assessing the Dossier, on June 2^nd, 2020, TRAV had confirmed the sufficiency of the dossiers according the the laws on trade remedy.

Within 45 days from the date of receiving sufficient and lawful dossier, TRAV will assess dossier to submit Minister of Ministry of Industry and Trade for consideration whether to process the investigation.

The assessment’s contents includes:

-Identify the legal representative status of the domestic industry of organizations and individuals who submit dossier in accordance with the Law on Foreign Trade Management;

-Define evidence on the dumping of imported goods that cause or threaten to cause significant losses to a domestic manufacturing industry or substantially prevent the formation of a domestic manufacturing industry.

In order to serve the assessment process, as well as to ensure the legitimate rights and interests of the enterprise, TRAV recommends that the domestic enterprises manufacturing/trading in the same goods mentioned above provide the following information.

-Enterprise’s information;

-Manufacturing production of HFCS and/or refined sugar;

-Enterprise’s opinion on the case (to agree, oppose, have no opinion);

-Any document/evidence which company considers to be related to the case

The due date to provide the above information is before 5p.m June 19^th, 2020.

Competition, anti-dumping, and countervailing duty lawyers of International trade and tax  in Vietnam 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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