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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What Are Real Estate Transaction Conditions for Buyer and Seller in Vietnam?

The real estate market is always an attractive market with a large source of potential speculative profits for investors. Because real estate transaction is always high in value, and buying a property for most people is always a life time important decision, and many times with the financial support from the bank, therefore in developed country, real estate lawyers in Vietnam are always involved in all steps of the transaction to ensure the legitimate transfer of the property. In Vietnam, in reality, many real estate transitions are conducted by the buyer and sellers themselves without real estate lawyers and there are many disputes arisen from the transactions in regard to property deposit agreement, property sales and purchase agreement between real estate developer and buyer for a new property, or between buyer and the previous property owner for resale property.

 

Residential property is one of the common types of real estate traded, so when joining in transactions related to property, it is necessary to ensure the conditions for property transfer.  The related parties need to comply and meet the requirements of the above conditions for a successful transfer transaction.

Conditions for property transfer transaction include the following basic points: the transferred property is not in a dispute, complaint, or claim about ownership; the transferred property shall be within the property ownership period, in the case of property owners with a definite term; the transferred property is not distrained for judgment enforcement or distrained to comply  legally effective administrative decisions of competent state agencies; the transferred property is not subject to a decision on land recovery or a notice of house clearance or demolition issued by a competent agency.

For the conditions on the parties to the property transaction, the property transferor needs to meet the following conditions:

The transferor is the owner of the property or the person permitted or authorized by the owner to carry out the transaction on property according to the provisions of law;

In case of transfer of a commercial house purchase and sale contract, the transferor shall be the person who bought the house from the investor or the person who has received the transfer of the house purchase and sale contract;

If the transferor is an individual, this person shall have full civil act capacity to carry out transactions on housing under the provisions of civil law;

If the transferor is an organization, it shall have legal status, unless the organization donates a house of gratitude or charity.

At the same time, the transferee shall also meet the conditions, specifically including the following conditions:

If the transferee is a domestic individual, this person shall have full civil act capacity to conduct property transactions under civil law and it is not required to them to have permanent residence registration in the place where the housing transferred is located;

If the transferee is a foreign individual or overseas Vietnamese, this person shall have full civil act capacity to carry out transactions on housing under Vietnamese law. In addition, this person must be eligible to own houses in Vietnam according to the provisions of law and it is not required to them to have temporary residence registration or permanent residence registration at the place where the housing transferred is located;

If the transferee is an organization, it shall have legal status and not depend on the place of business registration and establishment; if it is a foreign organization, it must be eligible to own a house in Vietnam according to the provisions of law; if the organization is authorized to manage to house, it must have the function of providing real estate services and be operating in Vietnam under the law on real estate business.

Having said that, it would be more efficient for buyer and seller to engage real estate law firm specializing in real estate transaction for buying and selling property in Vietnam to avoid potential disputes and protect their best interest for seller and safeguard investment for buyer.

ANT Lawyers – Real estate 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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Summary of Customs Development Strategy from 2021 to 2030

In order to create favorable conditions for export and import to ensure state budget revenue and combat smuggling of banned and toxic goods, intellectual property infringement, counterfeiting of origin, affecting national security, contributing to national security create fairness and equality in business as well as modernize the Customs sector, the General Department of Customs has issued the Draft Customs development strategy for the period of 2021-2030 to gradually build Vietnam’s Customs in accordance with the new situation.

 

The Draft Decision on Customs development strategy for the period of 2021-2030 (the “Draft”) expect to ensure the management of the State and in compliance with international commitments which Vietnam is a member. Besides, the Draft also is expected to create favourable conditions for enterprises and flexibility in management towards modernization of the Customs in the new era.

The Draft aims at the overall goal of building a regular, modern force, on par with other countries in the region and the world, towards the development of a smart customs system, propose solutions to improve efficiency in the process of carrying out customs procedures and collecting taxes effectively to create convenience for passengers and businesses. At the same time, the Draft also aims to ensure maritime security, national competition and protect Vietnam’s interests and sovereignty.

In addition, the Draft sets out the main goals for the period 2021-2030 with the smart customs model continuing to be the key goal, built in a professional direction, minimizing administrative procedures and synchronization throughout the system, applying the achievements of the Industrial Revolution 4.0 and the cooperation and facilitation of the Customs of developed countries to realize the requirements of reform and modernization of state administration towards building a digital government, E-government. In addition, the prevention of smuggling activities is still a prerequisite goal to protect the business environment in Vietnam. Moreover, the goal is to reduce the human resource apparatus, improve the capacity and qualifications of the customs force to suit the needs of innovation in customs management technology.

The Draft sets a target that by 2025, Customs will strive to complete the redesign of the customs system in the direction of digital customs while ensuring information security; to ensure 90% of applications will be processed online, minimizing manual administrative procedures; to build a paperless, simple and effective working environment. Accordingly, the Draft is expected that 80% of inspection activities will be carried out through the digital environment, the information technology system of the General Department of Customs. Along with that, the Draft would improve the efficiency of the Customs Single Window to 100% for administrative procedures and integrate it on the National Public Service Portal for easy access and implementation by businesses and people; promote the signing of international treaties on customs to create favorable conditions for domestic enterprises as well as ensure the principle of benefits for all parties.

In order to achieve the above objectives, the General Department of Customs has proposed specific solutions to improve the legal system so that the implementation is synchronized; improve management methods to prevent violations and apply information technology to gradually guide people and businesses familiar with online procedures; improve the use of technology for customs officers, step by step reduce inappropriate procedures, and put the smart customs model into the application to make appropriate adjustments to reality.

In terms of customs operations, the Draft also sets out step by step application of supply chain management models to meet current needs and research the implementation in the field of insurance and customs clearance guarantees, accelerate the inspection of goods in electronic form, reduce paperwork to the paperless stage, simplify administrative procedures, reduce waiting time at the border, implement the flow of goods, authorization to check at the border gate, apply modern technology solutions and inspection and monitoring equipment suitable to the characteristics of the border gate area, capable of integrating and exchanging data in a centralized and unified manner.

Regarding tax administration, the Draft expects to uniformly apply taxes and collection rates suitable for each type of goods, minimize the tax filing process, quickly develop tax schedules as well as clear and transparent processes, creating convenience for both payers and regulators.

Management of import and export activities, import and export of means of transport must be unified, concentrated, and minimized the handling process, cutting unnecessary intermediary stages. The Draft also aims to encourage and create conditions for people, businesses and related parties to participate in legal policy criticism, cooperate with customs authorities in law enforcement and supervision.

With this Draft, Vietnam has the prospect that by 2030, Vietnam will complete the renovation and modernization in the customs sector, including building a strong and clean customs force, as well as equipping vehicles and applying artificial intelligence technology in customs management, striving to build a customs force on par with developed countries in the region, keeping up with advanced countries in the world.

ANT Lawyers, a law firm in Vietnam with customs lawyers in Vietnam always follow up customs cases and its development to update clients on regular basis.

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Restructure the Debt Payment due to Covid-19

On March 13, 2020, the State Bank issued Circular No. 01/2020/TT-NHNN providing guidance for the credit institutions, foreign bank branches to restructure the debt payment, exemption and reduction periods, charge, keep the debt group in support of customers affected by Covid-19 epidemic, which is an important legal grounds to support the economy.

 

Restructure the Debt Payment due to Covid-19

Accordingly, the debt group restructuring is carried out as follows:

Debts which are restructured repayment term are the principal amount and/or interest (including the debt balance of debts within the scope of regulation of Decree No. 55/2015/ ND-CP of June 9, 2015 of the Government on the credit policy for agricultural and rural development (amended and supplemented)), which fully meets the following conditions: arising from lending activities, financial leasing; Arising the obligation to repay the principal and/or interest within the period from January 23, 2020 to the next day after 03 months from the date the Prime Minister announces the end of the Covid -19 epidemic; Customers are unable to pay the debt principals and/or interests on time according to the signed contracts, loan agreements, financial leases due to the decrease in revenue and income due to Covid -19 epidemic.

The debt repayment restructuring shall be carried out in cases where the outstanding debt is still due or overdue for up to 10 days from the due date of payment or due under the contract, financial leasing agreements; or The overdue debt balance in the period from January 23, 2020 to the next day after 15 days from the effective date of this Circular.

Credit institutions, foreign bank branches may decide on rescheduling of repayment of outstanding debts in the above-mentioned cases, based on customers’ requests and assessments of credit institutions, foreign bank branch on the ability to repay the principal and/or interest of the customer in full after rescheduling, in accordance with the influence of Covid -19 service and ensuring the credit institution, the foreign bank branch fails to restructure the debt repayment term for debts in violation of legal regulations and the restructuring time in case of extending an extended repayment period shall not exceed 12 months from the last day of the debt term, finance lease (the time the customer must pay all principal and interest under the signed contract, loan agreement, financial lease).

In addition, credit institutions and foreign bank branches shall decide on the exemption and reduction of interests and fees according to internal regulations for the outstanding debts arising from credit extension activities, except for bond purchase and investment activities for which the principal and/or interest payment is due within the period from January 23, 2020 to the next day after 03 months from the date of Prime Minister announced the end of the Covid -19 epidemic and the customer was unable to pay the debt on time, both principal and/or interest, according to the signed contract or agreement due to the decrease in revenue and income due to the impact of the Covid- 19 epidemic.

This Circular takes effect from the date of signing. From the effective date of this Circular, customers of credit institutions, foreign bank branches, other relevant organizations and individuals will have their debt repayment restructured, exemption and reduction periods, charge, keep the debt group unchanged. The Government has always issued policies, legal documents to support businesses, organizations and individuals to borrow credit during the period of the Covid -19 epidemic, so that they can help businesses as well as the country’s economy to maintain and develop in the future.

ANT Lawyers is a  law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

 

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The Ministry of Industry and Trade Receiving Request for Exemption from Applying Anti-Dumping and Countervailing Measures in September 2021

According to the regulations on the trade remedies in the Circular No.37/2019/TT-BCT on providing detailed regulations on trade remedy, in March and September of every year, the Trade Remedies Agency of Vietnam requires the companies which meet the conditions of exemption from apply anti-dumping and countervailing measures in the cases of AD01 (Cold rolled stainless steel products), AD02 (Galvanized steel products), AD03 and AD12 (H-Shaped steel products), AD04 (Color coated steel products), AD05 (Aluminum profiles products), AD07 (Plastics and plastic products made from polymers of propylene), AD08 (Cold rolled (cold pressed) steel in coils or sheets), AD09 (MSG), AD10 (Long yarn made of polyester), AD13-AS01 (Sugar cane), AD14 (Sorbitol).

 

Deadline for companies submitting the dossier on requiring applying for the exemption from anti-dumping and countervailing measures is before 5:00 P.M on October 09^th, 2021.

Application dossiers for applying for the exemption from anti-dumping and countervailing measures:

i) A written request for exclusion from trade;

ii) A copy of the enterprise’s certificate of business registration or investment certificate;

iii) Description of the good for which the exclusion request is submitted, including scientific name, trade name, common name; basic physical and chemical properties; main uses; production process; applicable international and domestic standards and/or regulations; HS code according to Vietnam’s nomenclature of exports and imports;

iv) The document stating information about the volume, quantity and value of the imported good for which the exclusion request is submitted (in the last 03 years and in current year);

v) The written production process of the product of which input material is the good for which the exclusion request is submitted;

vi) The demand for consumption or use of the imported good for which the exclusion request is submitted (in the past 03 years and in the current year);

vii) The prescribed or estimated level of consumption of raw material which is the good for which the exclusion request is submitted;

viii) Documents or samples proving the difference between the good for which the exclusion request is submitted and the like or directly competitive products produced by the domestic industry;

ix) The document stating information about the production line and output of the good for which the exclusion request is submitted in the past 03 years and those in the current year;

x) Documents proving the demand for use of the quantity of good for which the exclusion request is submitted, including contracts signed with customers, written approvals for in-progress projects or other relevant documents.

Note: In case the company which has been granted an exemption for 2021 is about to use up the granted exemption volume, the company can submit an additional application for exemption at any time in 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, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

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Notice of Application for Exemption from Trade Remedies for Fertilizers, Billet and Long Steel Product

On March 03rd, 2020, the Ministry of Industry and Trade issued Decision No. 715/QD-BCT on extending the application of safeguard measures to the goods which are imported DAP/MAP fertilizers bear the following HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.

 

   Notice of Application for Exemption from Trade Remedies for Fertilizers, Billet and Long Steel Product

On March 20th, 2020, the Ministry of Industry and Trade issued Decision No. 918/QD-BCT on extending the application of safeguard measures to the goods which are imported billet and long steel products bear the following HS codes: 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 20th, 2020, the Ministry of Industry and Trade issued Decision No. 920/QD-BCT; on extending the application of measures to prevent evasion of trade remedies for imported coil and wire products which bear the following HS codes: 7213.91.90; 7217.10.10; 7217.10.29; 7229.90.99; 9839.10.00.

According to the regulation of Article 16.1.c Circular 37/2019/TT-BCT on November 29th, 2019, the Ministry of Industry and Trade specified some contents on trade remedy measures (Circular 37/2019/ TT-BCT) in detail. Whereby, the Trade Remedies Administration (PVTM) requests enterprises that meet the conditions to be exempted in submitting a dossier of application for exemption from the application of trade remedies in the three cases mentioned above, including: documents specified in Article 14 and Appendix 03 Circular 37/2019/TT-BCT.

According to the regulation of Articles 15 and Article 16.3 Circular 37/2019/TT-BCT, it is recommended that companies to submit their application for exemption online or directly to the Trade Remedies Department before 17:00 on October 6th, 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, a law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

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