How to Prepare and Request for Imposition of Anti-dumping Measures in Vietnam?

Organizations or individuals representing a domestic industry (Requesting Party) have the right to submit an application of request for imposition of anti-dumping measures if seeing that goods are dumped thus causing injury to that domestic industry.

 

Anti-dumping Law Firm in Vietnam

The requesting party could themselves prepare or seek legal help from local international trade lawyers for representing and submitting an application of request for imposition of anti-dumping measures in Vietnam.

Following are

Stage 1: Preparation for the application

Application of request for imposition of anti-dumping measures (hereinafter referred to as “Application of request”) includes a written request for imposition of anti-dumping measures (hereinafter referred to as “Written request”) and related documents.

Stage 2: Submitting the application

The Requesting Party must submit one (01) copy of the Application of request to Dumping and Subsidy Investigation Division (hereinafter referred to as “Investigating Authority”) under Trade Remedies Authority of Vietnam, Ministry of Industry and Trade, which is located on 23 Ngo Quyen Street, Hoan Kiem District, Hanoi. The authority works during office hours from Monday to Friday.

In case of the Requesting Party asks to keep some information in the Application request confidential, Requesting Party must submit two (02) copies of the Application of request which comprise one (01) copy containing public information and one (01) copy containing confidential information. Regarding the confidential information, the Requesting Party must attach a detailed explanation of the request for confidentiality of the information and a summary of the contents of the confidential information that may be disclosed to other relevant parties.

The Investigating Authority shall verify the adequacy and validity of the Application of request and notify the result to the Requesting Party within 15 days from the receipt of the application.

Stage 3: Supplementing the application

In case of the Application of request is not adequate or valid, the Investigating Authority shall request supplementation from the Requesting Party. The time limit for supplementation of the application is decided by the investigating authority but not lower than 30 days from the notification of supplementation.

In case of the Application of request is adequate and valid, the Investigating Authority shall inform the related parties including the Requesting Party about receiving the application and start to verify the content of the Application of request. After this stage, the procedure for submitting an application of request for imposition of anti-dumping measures shall be completed.

In general, the information in the Application request should be adequate and valid. However, to pass the content verification and become a basis for issuing a decision to launch the investigation, the Requesting Party must satisfy the two (02) following conditions:

In terms of the condition of legal status, the Requesting Party must be eligible for the legal representative status of the domestic industry as prescribed in Art. 79(2) and Art. 87(2) of the Law on Foreign Trade Management (Art. 31(2)(a) Decree 10/2018/ND-CP). The Requesting Party shall be regarded as representing a domestic industry when all the following requirements are fully met:

i) The total volume or quantity of similar goods manufactured by the domestic manufacturers that submit the dossier and domestic manufacturers that support the request for application of anti-dumping measures is larger than the total volume or quantity of similar goods manufactured by the domestic manufacturers that oppose such request;

ii) The total volume or quantity of similar goods manufactured by the domestic manufacturers that submit the dossier and domestic manufacturers that support the request for application of anti-dumping measures accounts for at least 25% of the total volume or quantity of similar goods manufactured by the domestic industry concerned.

In terms of the condition of evidence, the Requesting Party should prepare sufficient documents on the dumping on goods imported to Vietnam to prove that the dumping of such goods significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of the domestic industry. The contents that need to be carefully and fully prepared are:

i) Information on the normal price and export price of the described goods in the Written request; dumping margin of the imports subject to investigation of anti-dumping measures;

ii) Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

iii) Information, data and evidences on the causal relationship between the import of goods requested to investigate and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry.

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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What Bona Fide Possession of Property Are and How the Rights Are protected?

Possession in good faith means the possession that the possessor has bases to believe that he/she has the right to the property in Vietnam under his/her possession. Bona fide possessor is protected by the law on property rights. Owning this type of property might be subject to many potential disputes which parties should consult with dispute lawyers in Vietnam from time to time to understand his/her rights to the property.

Bona fide Possession of Property in Vietnam

According to Clause 3 Article 184 of the 2015 Civil Code, a person possessing in good faith, continuously and overtly shall be eligible for prescriptive periods for enjoying the rights and enjoy the yield and income derived from the property as prescribed in this Code and relevant laws.

A person possessing in good faith is entitled to protect his/her rights and his right to possession when meeting specific conditions. Before a third person entered into a civil transaction, a prior civil transaction was established, the previous civil transactions were invalidated. Besides, the third person establishing civil transactions must be honest. Property traded in accordance with law and civil transactions must be compensated.

The owner has the right to reclaim the property from the rightful owner in accordance with Article 167 and Article 168 of the Civil Code 2015. Accordingly, depending on the type of property subject to ownership registration or not, the reclaim of ownership of the owner has a certain difference. Specifically, owners may reclaim movable property not subject to ownership right registration from bona fide possessors in cases where such bona fide possessors have acquired such property through unindemnifiable contracts with persons who have no right to dispose of the property; in case of indemnifiable contracts, the owners may reclaim the movable property if such movable property has been stolen, lost or other cases of possession against the owners’ will.

Owners may reclaim their movable property subject to ownership right registration and immovable property, except for cases where a civil transaction is invalid but the transacted property is registered at a competent authority and such property has already been transferred to a bona fide third party through another transaction which is established according to that registration, such transaction shall remain valid.

In cases where the transacted property which is required to be registered has not registered at a competent authority, the transaction with the third party shall be invalid, except for cases the bona fide third party received such property through an auction or a transaction with an another party being the owner of such property pursuant to a judgment or decision of a competent authority but thereafter such person is not the owner of the property as a result of the judgment or decision being amended or annulled.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang and Ho Chi Minh City.  We provide convenient access to our clients. Please contact us to book your time in advanced to let us provide our best service. Call us at +84 28 730 86 529 or send us email ant@antlawyers.vn.

 

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What Are Possible Anti-dumping Measures on Office Desk Products and Office Table Parts, Chairs and Chair Parts?

Anti-dumping measure imposed on imports of Vietnam is a measure imposed on products that are dumped when being imported to Vietnam, which causes material injury or threaten to cause material injury to domestic industry or retard the establishment of the domestic industry.

 

Anti-dumping Law Firm in Vietnam

According to regulations of the law, a product that is determined as dumped if price of this product imported to Vietnam is less than the comparable price of its like products sold in the exporting country or third country under the common commercial conditions or the price that is self-calculated by the investigating authority. Anti-dumping measures include: Imposition of anti-dumping duty; Undertakings to implement measures for removing the dumping carried out by organizations and individuals producing and exporting products subject to the anti-dumping measures with the investigating authority of Vietnam or domestic producers in case of the approval of the investigating authority.

In recent years, Vietnam has regularly used trade remedies to protect the domestic commodity market. In 2020, the State handled 5 new anti-dumping investigations against a lot of imported goods such as long yarn made of polyester (also known as filament yarn, PFY yarn) originating from China and India, Indonesia and Malaysia; Liquid sugar extracted from corn starch (also known as HFCS) originating from China and Korea; H-shaped steel from Malaysia; Cane sugar comes from Thailand and Sorbitol sugar comes from China, Indonesia and India.

On June 3, 2021, the Trade Remedies Administration (Investigating Authority) received the dossier of the company representing the domestic manufacturing industry (the Requesting Party), requesting investigation to apply anti-dumping measures on a few of office desk products and office table parts, chairs and chair parts originating from the People’s Republic of China and Malaysia. By June 18, 2021, the Investigation Authority confirmed that the dossier was complete and valid in accordance with the law on trade remedies.

According to regulations, within 45 days from the date of confirmation of complete and valid dossier, the Investigation Authority will appraise the dossier and submit it to the Minister of Industry and Trade for consideration to conduct investigation or not to conduct investigation.

Contents of dossier appraisal include:

(i) Determining the legal representative status of the domestic manufacturing industry of the organization or individual submitting the dossier in accordance with the Law on Foreign Trade Management;

(ii) Identify evidence that dumping of imported goods injury or threat of material injury to the domestic industry or material retardation of establishment of the domestic industry.

In order to serve the appraisal work, as well as ensure the legitimate rights and interests of enterprises, the Investigating Authority requests domestic enterprises producing/trading in similar goods mentioned above to provide detailed information about the enterprise, specifically: Information about the enterprise; Design capacity and quantity of office desks and table parts, chairs and chair parts in 2018, 2019 and 2020; The company’s opinion on the case (agree, oppose, no opinion); Any other documents/evidence that the enterprises deem relevant to the case.

The deadline for domestic enterprises to provide the above information is July 16, 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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Regulation On Imposing Anti-Dumping Duty

Regulation On Imposing Anti-Dumping Duty under Vietnam Laws

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

 

 Anti-dumping Law Firm in Vietnam

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

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

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

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

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Legal matters concerning marriages and divorces in Vietnam

Vietnam family laws covers all legal matters concerning marriages and divorces, including marriage registration procedures, and divorce procedures, matters concerning separate or joint ownership assets and property, child custody, child support, and dispute on related matters.

 

Vietnam marriage laws have developed during the past 40 years and are still connected with changes in the thinking of the Vietnamese society and are thereby not exempt from future amendments that might appear simultaneously with the changes in Vietnam’s fast emerging society. The legal fundamental basis for marriages in Vietnam is the Marriage and Family Law.  Some of the main points that are included in this law’s mission are for contributing to build and protect the marriage and family regime as well as to protect legitimate rights and interests of family members. The essential legal provisions of the Vietnam marriage law requires and determines: a required marital age for male is at least 20 years and female 18 years; marriages must be voluntary, progressive, monogamous marriages in which husband and wife are equal; marriages between partners of different nationalities, religions etc. are respected and legally protected but marriages between married people, people without civil act capacity, between the same direct blood line or within three generations, between (former) adoptive parents and children or parents- and children-in-law and stepparents and stepchildren, are forbidden. Although the marriage between persons of the same sex is not forbidden any more but the State shall not recognize it.

Furthermore, marriage or remarriages must be registered with the competent State bodies (registration offices) where either of the marriage partners resides. Vietnamese citizens living abroad shall refer to overseas Vietnamese diplomatic missions or consulates for services.  Unless otherwise provided by law, the provisions of the Marriage and Family law also are also applicable for foreigners involved in Vietnamese marriages.  In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such treaty prevail.

The registration procedures might differ in some points for foreigners because of the documents required from their home countries.  Papers issued, granted or certified by competent foreign agencies for use in the settlement of cases and matters of marriage and family shall be notarized, legalized, except cases eligible for exemption from consular legalization under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity. Foreigners must demonstrate that they are eligible for marriage in compliance with the law of their home countries. According to the Vietnam Marriage and Family law, foreigners enjoy the same rights and obligations like Vietnamese and Vietnam provides protection for the legitimate rights and interests of Vietnamese living abroad in marriage and family relations in accordance with the law.  In the case of a marriage between a foreigner and a Vietnamese, each one must abide by the legislation of his/her country on the marriage conditions. The law also bans marriages whereby foreigners take advantages related to human trafficking, sexually abuse against women.

The law on marriage and family has brought a positive change to the role of the family in Vietnamese society and the traditional values ​​of marriage and family. These legal provisions have contributed to the protection and perfection of a progressive marriage and family regime by creating legal standards that keep pace with the times but also respect long-standing traditional values ​​of Vietnam. However, Vietnam still lacks complex mechanisms to deal with all those involved and another problem is that some clauses are overlapping and are not clear enough to address outstanding issues such as: cohabitation system such as husband and wife, separated or surrogacy. Prenuptial agreements, premarital agreements or similar marriage contracts are not recognized in Vietnam. However, agreements on joint assets, or division of assets during marriage are recognized but certain procedures have to be followed.

Lawyers at ANT Lawyers - Law firm in Vietnam have experience with registration of marriage, divorce procedures or dispute matters of assets, properties in Vietnam.

ANT Lawyers - a Marriage and family dispute law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

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

During and after the Covid-19 pandemic, 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.

 

Arbitration Law Firm in Vietnam

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.

ANT Lawyers - a Law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

 

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Dispute Settlement in International Trade

In international trade, when drafting international contracts, the parties usually focus on the terms of payment and expense but little attention to terms of dispute settlement. Thus, the parties should be aware that the disagreements and disputes can arise at any time. Therefore, in the process of concluding an international economic agreement, the parties should note the provisions on the selection methods of dispute settlement if a dispute occurs. Currently, there are 4 dispute resolution methods in international trade as follows: negotiation, mediation, commercial arbitration and court.

 

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Negotiation

Negotiation is a settlement method which is usually applied in international dispute settlement. In particular, the parties discuss together, struggle, compromise and agree to settle the dispute. The result of the negotiation is that the dispute could be resolve or not. Negotiation is conducted in two ways: The two parties directly meet each other to discuss and deal or one party submit complaint to the other party and the other party answers the complaint.

Mediation

Mediation is the method of resolving dispute between the parties through the role of a third party. Mediation can be accomplished by two ways: One is that the parties agree with each other about mediation, the mediator will be designated and conduct the mediation without following any rules of mediation. The second way is that the parties agree to conduct the mediation under rules of a professional organization or one specific arbitration institution, such as mediation rules of the International Chamber of Commerce (ICC).

Commercial arbitration

Arbitration is a method of dispute settlement arising in trade activities that are agreed between the parties and carried out according to the order and proceedings. Presently, there are kinds of arbitration such as: ad hoc arbitration and permanent arbitration.

Court

The 3 dispute settlement methods above are voluntary in nature. They are different from the dispute settlement in accordance with judicial procedures at court. The settlement of dispute by court is to resolve dispute through the activities of the State tribunals. Therefore, litigants in the dispute are often considered as a final solution to protect their legitimate interests. Especially, when there is a conflict, the parties will choose the form of trade negotiation or mediation rather than commercial arbitration or court.

ANT Lawyers – Arbitration law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

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