Chủ Nhật, 6 tháng 11, 2016

License to Organize International Conference for Business


The organizing of international conference or conference without international element must be approved by the competent state authority in accordance with law. The reason is that the conferences have to be managed by the authorities competent in terms of the contents of the conference, ensuring that no policies and laws are violated.
In this article the author would like to introduce the order and procedures for organizing international conference in Vietnam under the provisions of the current law of Vietnam.
International conference is a meeting activity with foreign element that is held in the form of a direct meeting on the territory of Vietnam, or held in the online form with at least one bridgehead is within the territorial of Vietnam. It includes:
– Conferences organized by Vietnam agencies and organizations with the foreign participation or sponsorship;
– Conferences organized by foreign agencies and organizations.
Under the provisions of the law of Vietnam, the competent authority that permit the organization of international conference is Prime Minister for the high-level international conference with participants are heads, officials, ministers or equivalent positions of countries, territories and international organizations; international conference with contents related to politics, security, defense, ethnic, religion, human right, border or within the range of state secrets. The heads of the central and local authorities have right to decide on the organization of international conferences that are not under the above cases and in accordance with the powers and responsibilities of their management.
In order to get the license to organize international conference, organizations have to follow the following procedures:
– Get written opinion of the management authority. The management authority has the responsibility to respond in writing within a period not exceeding 15 days from the date of receipt of the request.
– Have the report together with organizational scheme and submit to the heads of the competent authority for approval. The time limit for submission is at least 20 days before the expected organizing day. The scheme must specify:
+ The reason, name of organization, purpose of the conference;
+ Time and venue for conference organization; attractions, surveys (if any);
+ Form and technology of the conference organization (in the case of organizing online conference);
+ Contents, work programs and activities on the sidelines of conference;
+ Participants in the organization of conference: the Vietnam authorities, the foreign agencies, funding agencies (if any);
+ Participants: number and structure of participants, including Vietnam and foreign delegates;
+ Funds;
+ Written opinion of the concerned agencies and localities (if any).
– Conducting conference in accordance with programs and schemes that have been approved by the competent authorities; complying with the current regulations on spending and the financial settlement.
– Send a report summarizing the results of conference for heads of the competent authority that has approved the conference organization within 15 days after the end of the conference.
Finally, it is clear that Vietnam law has fairly tight regulations on the procedure to organize international conference, aimed at eliminating the spreading of unhealthy information, opposing the policy of the state, creating healthy media and culture environment.
ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779




Thứ Năm, 3 tháng 11, 2016

Decree 126/2016/ND-CP on Preferential Import Tariff to Implement ASEAN – India Free Trade Area


According to the Decree, the import of goods under the special preferential import tariff; Imported into Vietnam from member countries of the ASEAN – India Free Trade Area such as Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, India, Vietnam (with goods from duty free area importing to the domestic market); Transported directly from the exporting country mentioned above and meet the regulations on the origin of goods in the ASEAN – India Free Trade Area, have certificate of goods origin according to “AI form” prescribed by the Ministry of Industry and Trade will be entitled to the special preferential import tariff.
In particular, the tax rate of 0% will be applying since 2016 – 2018 with thoroughbred live animals for breeding purpose; plant originated fertilizer; banknotes (paper currency), legal but have not been put into circulation; shearing wool; cotton fiber; hemp, as raw material or soaked; refined copper and copper alloys, unworked; scrap and lead; filling machine, closing, capping, sealing or labeling bottles, cans, boxes, bags or other containers; capsuling machine for bottles, jars, tubes and similar containers; aerating beverages machine; automatic machines for the transport, keep and preserve of clamp printed circuit boards, printed wiring boards or printed assembled circuit assembly; compactor; bulldozer…
Decree 126 takes effect from September 1st 2016.
ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.




Thứ Tư, 2 tháng 11, 2016

Decision 36/2016/QD-TTg Regulates the Tax Rate for Imported Goods


Decision No. 36/2016/QD-TTg dated September 1st 2016 of the Prime Minister prescribed the normal tax rate for imported goods at Point c, Clause 3, Article 5 of the Law on export and import tax.
Accordingly, the import duty of 5% will be applied to many items, such as: Smart cards; Telephone answering machines; Cell phone for cellular mobile network or other wireless networks; Vacuum cleaner; Uninterruptible power supply (UPS); Automatic payment machine; Electronic computer that can operate without external power source and recorder, reproducing and displaying data, pocket-size with calculator function; Dry washing machines; Flat iron; Offset/Roll printing machine; Printer – photocopy machine, print using inkjet/laser technology…
For imported goods that are not included in the above list of normal import tariff and not in the case of imported goods that are enjoying preferential tax rates or special preferential tax rate under Point a and b, Article 5 of the Law on export and import tax, then may be subject to the ordinary tax rate equal to 150% of the preferential import tariff of each corresponding items in Annex II of Decree No. 122/2016 /ND-CP on September 1st 2016.
The Decision takes effect from September 1st 2016.
ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam




For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

Thứ Hai, 31 tháng 10, 2016

Business Lines in the Food Industry of Vietnam

With a population of about 90 million people, Vietnam is a potential market for food industry.
ANT Lawyers Co., Ltd consults and instructs customers to register the appropriate lines of business in the food sector under the provisions of the code system of national economic sector (Decision 10/2007/QD-TTg).

No
Business lines
Code
1
Wholesale of agricultural and forestry raw materials (except wood, bamboo) and live animals;
4620
2
Wholesale of rice;
4631
3
Wholesale of food;
4632
4
Wholesale of beverage;
4633
5
Wholesale of a variety of goods;
4690
6
Retail of victuals, food, beverage, tobacco and pipe tobacco accounting for a large proportion in shops;
4711
7
Retail of victuals in specialized shops;
4721
8
Retail of food in specialized shops;
4722
9
Retail of victuals, food, beverage, tobacco, pipe tobacco in the market;
4781

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

Chủ Nhật, 30 tháng 10, 2016

Circular 27/2015/TT-BTNMT on Strategic Environmental Assessment, Environmental Impact Assessment and Environmental Protection Plan

From July 15th 2015, Circular 27/2015/TT-BTNMT on strategic environmental assessment, environmental impact assessment and environmental protection plan started to take effect.
Accordingly, the Provincial People’s Committee authorized the management board of industrial zones to evaluate and approve the reports on environmental impact assessment.

This authorization shall apply only to projects under the evaluation and approval competence of the provincial People’s Committee investing in the industrial park.
Provincial People’s Committee is responsible for sending documents to the Ministry of Natural Resources and Environment for comments on the evaluation and approval authorization according to the form provided in Appendix 2.13 enclosed with this Circular.
This Circular replaces Circular 26/2011/TT-BTNMT.
ANT Lawyers is a Vietnam law firm with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing representation or legal services in Vietnam who are seeking reasonable and competitive solutions without compromising on service quality.



For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, visit www.antlawyers.vn.

Thứ Năm, 27 tháng 10, 2016

Turkey Imposed Anti-dumping Duty on Products of Vietnam


The Ministry of Economy of Turkey has just issued the conclusion on anti-dumping investigations against such products as plywood and polyester textured yarn imported from Vietnam.
According to the investigation report content of the Turkish Ministry of Economy, there are only 2 Vietnam enterprises engaged in providing information to the investigating authorities.

These enterprises will not be subjected to the application of measures against evasion of anti-dumping duty, since they have provided information in full and on time and proved that export products are produced in their company.
Particularly for businesses that do not provide information to the investigating authorities, they will be subjected to the application of tax rate of 240 USD/m3 (equivalent to the anti-dumping duty that has been applied by Turkey to the import goods of China’s enterprises).
The time to apply the tax rate is as soon as the Ministry of Economy published the contents of the investigation in the Official Gazette of Turkey. However, Turkey has also announced that they will review the comments on the report of the investigation of the relating parties.
The case of evading anti-dumping duty investigation for plywood products that are imported from a number of countries, including Vietnam was initiated from the date of May 27th 2015 for plywood products with HS codes: 4412.10; 4412.31; 4412.32 and 4412.39 in the period from 2010 to the present.
Earlier in 2006, Turkey has decided to impose anti-dumping duty for the aforementioned products imported from China, with the tax rate of 240 USD/m3.
Also under the Trade Office – Vietnam Embassy in Turkey, Directorate General for Imports – Ministry of Economy of Turkey has just issued the conclusion for the anti-dumping investigation on polyester textured yarn imported from several countries, including Vietnam.
Based on the conclusion, the Turkey’s investigation agency determined the dumping margin of Vietnam enterprises is 34.81% – 72.56%; Thailand is 8.48% – 37.69%. Directorate General for Imports – Ministry of Economy of Turkey advised related parties to send complaints or feedback on the investigation report. After that, Directorate General for Imports – Ministry of Economy of Turkey will hold separate hearings for each enterprise.
ANT Lawyers is a Vietnam law firm with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing representation or legal services in Vietnam who are seeking reasonable and competitive solutions without compromising on service quality.
For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, visit www.antlawyers.vn.