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What are Requirement on Sending Notices in Arbitration
Proceedings in Vietnam?
Dispute resolution methods are litigation, negotiation, mediation
and arbitration. Handing disputes requires litigation law firm with dispute lawyers in
Vietnam having experience
and knowledge to provide resolutions to complex cross-border issues, commercial
and civil disputes.
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Arbitration Lawyers in Vietnam
According to Article 12 of Vietnam Law on Commercial Arbitration,
unless otherwise agreed by the parties or provided by the arbitration center’s
rules of proceedings, the mode and order of sending notices in arbitral
proceedings for dispute are specified as follows:
Each party’s written explanations, correspondence papers and other
documents shall be sent to the arbitration center or arbitration council in
sufficient copies so that every member of the arbitration council and the other
party has one copy, and one copy is filed at the arbitration center;
Notices and documents to be sent by the
arbitration center or arbitration council to
the parties shall be sent to the addresses or to their representatives at the
correct addresses notified by the parties;
Notices and documents may be sent by the arbitration center or
arbitration council directly, in registered or ordinary mails, by fax. telex,
telegram, email, or other modes which acknowledge such sending;
Notices and documents sent by the arbitration center or
arbitration council will be regarded as having been received on the date the
parties or their representatives receive them or if such notices and documents
have been sent to addresses or to their representatives at correct address
notified by the parties;
The time limit for receiving notices and documents shall be
counted from the date following the date such notices and documents are
regarded as having been received. If the following date falls on a holiday or
day off under regulations of the country or territory in which the notices and
documents have been received. This time limit shall be counted from the
subsequent first working day. If the last day of this time limit falls on a
holiday or day off under regulations of such country or territory, the time of
expiration is the end of the subsequent first working day.
Arbitration lawyers in Vietnam at ANT Lawyers - a Law firm in Vietnam with accreditation in national and international arbitration
practice could help providing legal advice in disputed matters, and guide the
clients throughout the process. The arbitration lawyers could also advise the
clients on various matters from choice of arbitrator, choice of arbitration
rules, ad-hoc or institutional arbitration, place of arbitration, enforcement
of arbitral award.
On April 20th, 2021 the Ministry of Industry and Trade
issued Decision No. 1283/QD-BCT on the results of the first review of the application
of anti- dumping measures of some
alloy steel products or non-alloys to be flattened, the paint originated from
the Republic of Korea and the People’s Republic of China.
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Anti-dumping measures applicable to alloy or non-alloy steel
products that are flat-rolled or painted were not requested to be reviewed
periodically by any parties On May 5th, 2022, the Ministry of
Industry and Trade issued Decision No. 843/QD-BCT on remaining s or non-alloys
to be flattened, the paint originated from the Republic of Korea and the
People’s Republic of China.
Within 60 days before the end of one year from the date of this
decision, the relevant parties could request for review again. This
decision takes effect on May 5th, 2022.
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 international trade lawyers, countervailing duty lawyers and antitrust lawyers in Vietnam at
ANT Lawyers - A Anti-dumping law firm in Vietnam could be of help.
With open-door policies and a stable
socio-economic situation, Vietnam is one of the countries with great attraction
to foreign investors. There are many foreign individuals and organizations come
to Vietnam to live and work and a number of foreigners or foreign organizations
wish to buy houses or apartments. Many real estate developers also wish to
expand the customers base through selling houses and apartments to foreigners
in Vietnam.
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Real Estate Dispute Law
Firm in Vietnam
However, according to current law, foreigners
or foreign organizations can buy houses and apartment in Vietnam; and real
estate developers could sell houses and apartments in Vietnam but must meet
some conditions.
First of all, to be able to buy
a house in Vietnam,
foreign individuals and organizations must be one of the subjects that can own
houses in Vietnam. Specifically, foreign organizations and individuals that are
allowed to own houses in Vietnam include: (i) foreign organizations and
individuals investing in housing construction under projects in Vietnam; (ii)
foreign-invested enterprises, branches, representative offices of foreign
enterprises, foreign investment funds and foreign bank branches operating in
Vietnam; (iii) foreigners whom are allowed to enter Vietnam. Accordingly, to be
able to buy a house in Vietnam, these subjects must prove that they fully meet
the conditions prescribed by law.
Specifically, foreign organizations and
individuals investing in housing construction under projects in Vietnam must
have an Investment Certificate and have houses built in the project according
to regulations. For foreign organizations, they must set
up company in Vietnam,
have an investment certificate or a document related to being allowed to
operate in Vietnam, issued by a competent Vietnamese state agency. Foreign
individuals must be subject to permission to enter Vietnam and not be entitled
to diplomatic and consular privileges and immunities.
Besides, depending on each different object,
the documents proving the object and conditions for owning a house in Vietnam
vary. For a foreign individual, s/he must have a valid passport with an entry
verification stamp of the exit and entry management agency of Vietnam and not
be eligible for special privileges and immunities. On the other hand, for
foreign organizations, they must be eligible to own houses and have an
Investment Registration Certificate or a document authorized by a competent
Vietnamese agency to operate in Vietnam. In addition, these individuals and
organizations should note that these documents must be valid at the time of
signing the housing transactions.
Therefore, if organizations and individuals
meet the above conditions, foreign individuals and organizations can purchase
houses in Vietnam. However, it should be noted that foreign individuals can
only own houses in Vietnam in the form of apartments or separate houses in an
investment project to build commercial housing.
In addition, foreigners are also not allowed
to purchase houses in areas that are subject of national defense and security
under Vietnamese law. Further, foreign organizations and individuals are also
limited in the number of ownership. Accordingly, foreign organizations and
individuals are only allowed to own no more than 30% of the total number of
apartments in an apartment building, and no more than 10% for an individual
housing project of less than 2,500 units.
In general, purchasing houses for foreign
individuals and organizations are subject to complicated legal conditions.
Therefore, in order to ensure that the purchase of housing in Vietnam is in
accordance with the regulations and to limit the risks arising, relevant
individuals and organizations need to learn and seek legal advice and support
from real
estate dispute law firm in Vietnam.
ANT Lawyers assist clients to operate with compliance or look for
opportunities to enter the market. In Telecommunications, Media &
Technology (TMT) practice, our lawyers assist clients in commercial matters,
corporate M&A and other transactions, regulatory issues, system
integration, software development and licensing, IT services including
outsourcing, software & technology agreements, data protection,
intellectual property, disputes resolutions.
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Telecommunications, Media & Technology
Services in Vietnam
Our customers include telecom network operators and service
providers, producers, software and hardware technology companies, outsourcing
companies and e-commerce companies, internet companies, media and entertainment
companies.
Some highlight matters include:
KDDI, a Japan telecom company, which we assist on various ongoing
matters in Vietnam.
SECUREMETRIC, a Malaysian company providing digital security
solutions in Vietnam, which we assist the Malaysian holding company to be
listed on the Bursa Securities, advised the procedures for the local entity to
be complied, conducted licensing procedures on behalf of the Client and drafted
share purchase agreement for execution and carried out the process to change
the ERC, IRC of the company in Vietnam under the name of the new owner with
strict requirement to meet deadline for listing;
VIETFIBER, a foreign owned company with investors from Turkey
manufacturing telecom equipment in Long An City, Vietnam, which we reviewed the
shareholder agreements, Share Purchase Agreement, and advised procedures to
complete the transfer of capital contribution from current shareholder to new
investor and register with authority in Vietnam;
An Eastern European Technology company, which we advised
telecommunications, media intellectual property laws on Personal Data
Protection, Data Localization, and Copyrights infringement matters for their
project to deliver service in Vietnam and online mobile stores in launching a
personal content feed offering to users with a personalized news feed, with
news items linking to a news story available on a third-party website, as well
as a headline and small fragment of a news story and an accompanying image,
embedded videos, the video content itself hosted on a third party website.
A Chinese Entertainment company, which we advised the client on
the legal risks and compliance plan to launch a music application, an online
music software providing functions of singing, recording, and uploading the
songs etc, along with intelligent scoring, professional mixing, online
interaction and social sharing. The advice cover areas of intellectual property
permissions (including complete audio, words, music, accompaniment, music
clips, etc.) on UGC (User-generated Content) or PGC (Professionally-generated
Content), User License Agreement, the copyright and related rights collective
management organization system including: The Vietnam Literary Copyright Center
(VLCC); The Recording Industry Association of Vietnam (RIAV); The Vietnam
Center for Protection of Music Copyright (VCPMC) and The Vietnam Reproduction
Rights Organization (VIETPRO) whom exercise copyright licensing service,
collect and distribute of royalties to the authors and rights holders whom
authorized to them.
ANT Lawyers - a Law firm for TMT 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
serive request, please contact us via email ant@antlawyers.vn, or call us +84 24
730 86 529
Let ANT Lawyers help your business in Vietnam.
On March 14th, 2022, Trade Remedies
Authority has
issued Notification No. 06/TB-PVTM of receipt of application
for exemption from trade remedies in March 2022 (Case No. SG04, SG06,
AC10.SG04).
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On March 03rd, 2020, the Ministry of Industry and Trade issued Decision
No.715/QD-BCT extending the application of safeguard measures against imported
DAP/MAP 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.
On March 20th, 2020, the Ministry
of Industry and Trade issued Decision No. 918/QD-BCT on extending the
application of safeguard measures to imported billet and long steel products
holding the HS code: 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 the extension of the
application of measures to prevent evasion of trade remedies against imported
coil and wire products holdings the HS code: 7213.91.90; 7217.10.10;
7217.10.29; 7229.90.99; 9839.10.00.
In order to submit the application for exemption for exemption from trade
remedies, the Trade Remedies Authority requires enterprises that
meet the conditions to be exempted to submit a dossier of application for
exemption from
application of trade remedies in the mentioned cases to
provide all documents specified in Article 14 and Appendix 03 of the Circular
No. 37/2019/TT-BCT.
The relevant parties
must submit the application for exemption via online public service
portal or
send directly to Trade Remedies Authority before
17:00 April 13th, 2022 (Hanoi time).
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.
On November 29th, 2019, the Ministry of Industry and
Trade provided guidance on a number of extent on trade remedy measures under
Circular No. 37/2019/TT-BCT for which Trade Remedies Authority requires
enterprises that meet the conditions to be exempted to submit a dossier of
application for exemption from
anti-dumping and anti-subsidy measures for the specific cases.
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Anti-dumping law firm in Vietnam
Regarding the dossiers of application for exemption from
anti-dumping and anti-subsidy measures, the Trade Remedies Authority requires
enterprises to provide all documents specified in Article 14 and Appendix 03 of
the Circular No. 37/2019/TT-BCT.
In addition, for enterprises that have been granted an exemption
for 2022 and are about to use up the granted exemption volume, enterprises can
submit an additional application for exemption according to the provisions of
Clause 4, Article 16 of Circular 37/ 2019/TT-BCT at any time in 2022.
The relevant parties must submit the application for exemption via
online public service portal before 17:00 April 11th, 2022 (Hanoi
time).
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.