Thứ Năm, 18 tháng 10, 2018

EuroCham Members Attending Hearings at European Parliament on EVFTA in Oct 2018

BY Pham Thuy Linh IN , , , No comments

On 11th October, 2018, Mr Tuan Nguyen, the representative of ANT Lawyers law firm has participated in EuroCham Brussels Mission between 8th and 12th October, 2018 to attend hearings at European Parliament on the Free Trade Agreement (EVFTA), visited and discussed with the diplomats of European Union in head office of EEAS in Belgium, Mr. David O’Sullivan, the Chief Operating Officer of European External Action Service (EEAS) to seek understanding and support to promote the approval of EVFTA.
Along with other delegates of EuroCham at this meeting, Mr Tuan Nguyen, the representative of ANT Lawyers discussed with Mr. Sullivan on issues concerning EU relating to EVFTA. The issues included: the employee’s rights, the balance between investment incentives and environmental protection, the challenges that the Vietnamese Government could face as well as the handling measures. In addition, Mr Sullivan has showed concerns in Vietnam’s legal system and how to fit in with common standards of European counties, to ensure the balance of information control and privacy. Mr. Sullivan also emphasized the compliance with the international principles. The representative of EU has recognized that this is the appropriate time for Vietnam and to EU countries members to proceed with the agreement because it would help address the current shortcomings.
Free Trade Agreement between EU and Vietnam is expected to reduce more than 90% tariff and create the most favorable conditions for exporting Vietnam goods to EU market and vice versa. Relating to European businesses, this is an opportunity for extending investment and accessing to new markets. Vietnamese could enjoy the high quality goods with cheap price. Relating to Vietnam businesses, EU is a very potential market when tariff is removed.
The Vietnam EuroCham delegation has represented more than 1,000 European companies to promote the signing EVFTA at European Parliament. ANT Lawyers law firm is honored to participate to discuss, contribute for the promotion of approval of the agreement. ANT Lawyers law firm is committed to bridge European companies to investment more in Vietnam and that Vietnamese companies should to enter European market through its reliable global law form networks.



Thứ Ba, 16 tháng 10, 2018

Change of Headquarter of Da Nang Immigration Department

BY Pham Thuy Linh No comments

As of August 2018, according to the project for rearranging the administrative function of the Government and the Ministry of Public Security, Immigration Department of Da Nang has been merged into Immigration Department of Hanoi. Therefore, the procedures related to entry, exit of Vietnamese citizens and foreigners such as issuing visa, exempting visa, temporary residence card, permanent residence in Da Nang shall be implemented in Immigration Department of Hanoi.


Relating to the dossier and procedures carried out at the Immigration Department of Da Nang such as issuing passport, temporary residence card, permanent residence, the application shall be submitted to Immigration Department of Da Nang. Thereafter, this agency shall transfer such dossier to Immigration Department of Hanoi for approval. Finally, the results shall be returned to Da Nang.

For most of immigration procedures which used to be implemented in Immigration Department of Da Nang, such as issuing visa, the applicant shall submit dossier directly to Immigration Department of Hanoi. The change could possibly add up processing time, and inconvenience if there is requirement for re-submission, amendment and supplement.

ANT Lawyers law firm offeroffices in both Hanoi and Da nang, there fore could facilitate the process for individuals and businesses to register entry, residence permit in Da Nang for the smooth experience, to assist foreigners entering Vietnam doing business, setting up company and making investment.




Thứ Hai, 15 tháng 10, 2018

Trade and Customs in Vietnam

BY Pham Thuy Linh No comments

Navigating the modern environment of international business requires companies that engage in the exchange of goods and services across international borders to be ever vigilant in addressing customs and import controls laws, including those related to border and supply chain security.  ANT Lawyers trade and customs practice works to ensure and optimize our clients’ cost- and time-efficient shipment of goods and services across borders, within the confines of the law.
We represent clients who engage in such diverse fields as:
-Customs brokerage, express delivery, freight forwarding, logistics and sea and rail transportation
-Apparel, beverages, consumer electronics, cosmetics, food products, footwear, home furnishings, luxury goods and paper products.
Businesses often overlook the fundamental importance of accurate tariff classification and appraisement as sources of potential duty savings and necessary compliance for imported products.   These are the “nuts and bolts” of any sophisticated customs and import controls practice, and our lawyers are well versed in this complex body of law to maximize duty savings and minimize customs penalties.



Thứ Năm, 11 tháng 10, 2018

The Essential Information on Certificate of Origin from Vietnam

BY Pham Thuy Linh IN , , , , , No comments

According to Decree No. 31/2018/ND-CP guiding Law on Foreign Trade Management in terms of origin of goods: “The Certificate of Origin means a written form or other form of equivalent legal validity granted by competent authority belonged to country, group of countries or territories exporting the goods based on regulations and requirements of origin, specifying origin of this goods”.
We comprehend that the Certificate of Origin (hereinafter referred to as “C/O”) is certificate of goods origin issued by a country (export country) to confirm goods produced and distributed by this country in the export market in accordance with the rules of origin to create the most favourable conditions for goods importing to other country (import country) on tariffs. C/O is an important instrument in importing and exporting goods.
Functions of C/O
Tariff preferences: Determining the origin of goods help us differentiate the import goods enjoyed tariff preferences to apply the preference regime according to trade agreements as signed by the countries.
Anti-dumping duty and anti-subsidy duty application: In the event that goods is dumped or subsidized in the market of other country, determining the origin of goods shall make anti-dumping duty and anti-subsidy duty application possible.
Statistics of trade and maintenance of quota system: Determining the origin of goods make compilation on statistics of trade of country or area easier. On this basis, competent authority of trade can maintain the quota system.
 Category of C/O
Non-preferential C/O means a ordinary C/O confirming the origin of product from a specific country.
Preferential C/O means a C/O allowing the product eliminated or reduced from the country’s permission such as: Generalized Systems of Preferences (GSP), Commonwealth Preference Certificates (CPC), Common Effective Preferential Tariff (CEPT),…
 The Agency granting C/O
Ministry of Industry and Trade of Vietnam is the agency granting Certificate of Origin directly or authorizing Vietnam Chamber of Commerce and Industry (VCCI) or other organization to issue Certificate of Origin.
According to the prevailing law, the treaty signed by Vietnam and the provision of import country on Certificate of Origin, the Ministry of Industry and Trade stipulates the regulation on selection of trader, procedure of self-certifying the origin, obligation and liability of self-certifying the origin, inspection of the self-certifying of origin of goods exported by traders and remedy.
Process of issuing C/O
When applying for C/O for the first time, the trader shall have to submit dossier to competent authority.
Dossier includes:
– Request for Certificate of Origin;
– Form of C/O filled in full into 01 (one) original copy and 03 (three) copies. The original copy and one of the copies shall be sent to the Importer by the Exporter and the Importer shall submit such instruments to competent authority in loading port or unloading port. The second copy and the third copy shall be saved by the agency issuing this C/O and the Exporter respectively. In case of import country’s requirement, the applicant can request the Agency issuing this C/O to grant more than 03 (three) copies of C/O;
– The declaration of completing the customs procedure at competent authority (certified copy with signature of competent persons), excepting the case it’s not necessary for export goods to declare  according to the laws. The applicant of C/O shall have the right to submit this instrument no more than 30 (thirty) days from the date granting C/O in case of legitimate reasons.
If necessary, the agency issuing C/O may require the applicant to provide another instruments relating to export product such as: the declaration of importing material; the certificate of export; sales contract; VAT invoices; sample of material or product; bill of lading; air way bill and other instruments relating to origin of export goods..
Relating to enterprise participating eCOSys, all instruments shall be made by trader via electronic system and automatically transferred to agency issuing C/O. The agency issuing C/O  bases on electronic dossier to check validity information and grant C/O to trader as soon as receiving full dossiers in hardcopy.
The agency issuing C/O informs the result of submitting dossier via eCOSys no later than 06 (six) working hours from receiving validity electronic dossier.
The agency grants Certificate of Origin to trader no more than 02 (two) working hours after receiving application in hardcopy.



Thứ Ba, 9 tháng 10, 2018

What is the point of getting a trademark?

BY Pham Thuy Linh IN , , , No comments

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.


Having the registration gives you a few more rights against an infringer than you would otherwise have. And, you are likely to get more money if you win an infringement suit in federal court if you are registered. Plus, if you are registered you are not limited in where you can sue for the infringement. (see the article for an in depth explanation of this)

Having the registration puts everyone in the US on notice that you own the mark and they cannot use it without repercussions. While you still have protections through the common law if you are the first to use the mark, you cannot guarantee that every person starting a business will know you exist and are using that mark. If it is registered, it will be found on the USPTO website and they’ll know its in use.

Having a registration makes your brand/company more valuable. Have you heard of licensing products or brand names for products? You likely won’t get any type of licensing deal with anyone if your mark is not registered and protected at the maximum level.

Those are just a few reasons why registration is so beneficial. Do I suggest anyone and everyone get a TM registration? No. It will depend on the type of company you are running, where you are, and some other factors. But, generally I think it is a great idea to register your mark at some point in your businesses life


Thứ Sáu, 5 tháng 10, 2018

Some Modifications on Business Registration from October 10th, 2018

BY Pham Thuy Linh No comments

Decree no.108/2018/ND-CP amending and supplementing a number of articles of Decree No.78/2015/ND-CP effective from October 10th, 2018 has provided many new procedures of business registration.

The new decree stipulates clarification on some contents about the procedure on business registration, of which, the highlight are the procedures that do not to require the seal stamped on the dossier on business registration and that the power of attorney for a person whom establishes the company does not need notarization, authentication at Clause 1 and 2 of Article 1 Decree No. 108/2018/ND-CP.  In the past, due to the lack of clarification on the above matters, some competent authorities require to affix the seal on the dossier of business registration and request the notarization of the power of attorney.  These procedures created some troublesome in practice.
Another regulation that facilitate the business transaction is that previously enterprises can only set up business locations in the province or city under central authority where their head office or branch is located. It means that if an enterprise wishes to set up another business location where the office is located, it has to go through two procedures: setting up a branch first then setting up a businesslocation.  The procedure of setting up a branch is more complex more than the establishment of business locations.  With the changes in the decree 108/2018/ND-CP, enterprises are allowed to set up business locations in other provinces or centrally-run cities where their head offices or branches are opened. The scope of work is simpler and more cost-effective, the transactions of the place of business are accounted for by the parent company, thereby reducing the workload for the accountant of the company.



Thứ Năm, 4 tháng 10, 2018

How can I copyright my app?

BY Pham Thuy Linh No comments

If you are interested in obtaining copyright protection for a newly created app, you should be aware that copyrighting an app is likely eligible for two separate tiers of copyright protection. The process of copyrighting an app is actually automatic. Registering an app with the U.S. Copyright Office takes several steps. Copyright protections apply to works that are both published and unpublished, so please note to copyright your app it does not have to exist in the marketplace for the automatic protections associated with copyrights to apply to it.
According to the U.S. Copyright Office, an eligible work attains automatic copyright protection “the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.“ This means that original works of authorship like apps are copyright protected by default. But, many rights ordinarily associated with intellectual property protections may not be enforceable in court unless you or your company registers your copyrighted work with the government.
The Registration Process
Registering your app with the U.S. Copyright Office is generally a good idea because you will need to have done so in order to file a lawsuit in the event that another individual or business infringes upon your intellectual property protections. Registration also allows you to ensure that the details of your copyright registration become part of the public record, which may be advantageous for any number of reasons.
The copyright registration process is relatively straightforward. The U.S. Copyright Office provides creators with copyright application forms and fee-related details on its website. A copy of your work must be sent with your copyright application and is non-returnable. It is important to fill out the detailed copyright application completely and correctly or you will risk rejection of your registration. Any delay in registration approval may affect future intellectual property litigation. For this reason, it may be beneficial to have an attorney review your copyright registration application before you submit it. Taking this step will better ensure that your copyright application is approved upon its initial submission.
It is worth noting that you can protect your app in a variety of ways beyond copyright protection. For example, elements of your creation may benefit from patent and/or trademark protection. An intellectual property attorney will be able to advise you of what steps you may need to take in order to better ensure that your rights are fully addressed in the event of infringement. The app marketplace is competitive, so this risk is increasingly becoming a reality for app developers.
Copyright is violated on a regular basis in the music, publishing and software industries. ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights as following:
  • Advise legal matters of copyright and related rights in Vietnam and abroad;
  • Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;
  • Complete the applications and file to register copyright and related rights;
  • Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.
Learn more about ANT Lawyers IP practice, experience and team members here;
For advice and specific details in each case, please contact us directly at ant@antlawyers.vn or call  +84 912 817 823.
Let ANT Lawyers help your business in Vietnam.