Application requirements for permission for founding of branches of foreign cultural establishments in Vietnam

This content is newly prescribed in the Decree No. 126/2018/ND-CP on founding and operation of foreign cultural establishments in Vietnam.

Under this Decree, foreign cultural establishments operating within the territory of Vietnam that meet requirements for eligibility for permission to found their branches need to prepare a set of documents submitted to the Ministry of Culture, Sports and Tourism, including:

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- Application form for permission to found branches, using the Form 06 appended to this Decree;

- Copy of the Certificate of registration or the License for founding and operation of foreign cultural establishments in Vietnam;

- Performance review report on operations of foreign cultural establishments from the date of issue of the registration certificate or license till the date of establishment of a branch;

- Criminal record (or equivalent document) of the person recommended to be appointed as the branch’s head, which is issued by a competent authority and obtains consular authentication. 

If any document included in the set of application documents is written in any foreign language, a Vietnamese version of such document must be enclosed.

The Decree No. 18/2001/ND-CP will enter into force from the entry into force of the Decree No. 126/2018/ND-CP (November 5, 2018).

Source: Thuvienphapluat

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Decision No. 3877 On Investigation into Imposition of Anti-Dumping Measures For Products of Chinese and Korean origins(case No. AD04)

The Ministry of Trade and Industry has issued Decision no. 3877 to proceed the investigation on imposition of anti-dumping measure for some products from China and Korea under the case AD04.  The first step for related party to participate into the investigation process is to register with Vietnam Competition Authority directly or through the assistance of a law firm with experience in anti-dumping procedures in Vietnam.

Pursuant to Article 70 of the Law on Foreign Trade Management on procedure for investigating the trade remedies case and Article 79 of Law on Foreign Trade Management on the basis of proceeding the anti-dumping investigation, the Vietnam Minister of Industry and Trade decided to conduct the anti-dumping measures imposition investigation according to the request of Investigation Authority relating to some flat-rolled alloy or non-alloy steel products, varnish painted or scanned or coated with plastics or other covers originated from China and Korea (case No. AD04).

The details of investigation are conducted pursuant to Article 80 of the Law on Foreign Trade Management on contents of an anti-dumping measures imposition investigation and Article 32 of the Decree No. 10/2018/ND-CP on deciding to conduct anti-dumping measures imposition investigation.

Imported goods subject to investigation:

The imported goods subject to investigation are some flat-rolled alloy or non-alloy steel products, varnish painted or scanned or coated with plastics or other covers which are classified by HS Codes 7210.70.11, 7210.70.19, 7210.70.91, 7210.70.99, 7212.40.11, 7212.40.12, 7210.40.19, 7212.40.91, 7212.40.92, 7212.40.99 (the case No. AD04)

Origins of imported goods:China and South Korea

Domestic industry:

No.	Trade name	Opinion	Market share/ total market share (%)
1	Nam Kim Steel Joint Stock Company	The requesting party	29,35%
2	Southern Steel Sheet Co., LTD
3	TVP Steel Joint Stock Company
4	Dai Thien Loc Corporation
5	Ton Dong A Corporation	Agreed the investigation and application of the anti-dumping measures	61,31%
6	Maruichi Sun Steel Joint Stock Company
7	Hoa Sen Group
8	VNSteel Thang Long Coated Sheets Joint Stock Company
9	Blue Scope Steel	No opinion	9,34%

Pursuant to the results of examination of request dossier and the sources of available information in pre-initiation stage, the Investigation Authority found out the evidence of: i) the dumping conducts relating to the goods originated from China and Korea; ii) the significant damages to the domestic industry; iii) the causal relationship between the dumping conducts and the significant damages to the domestic industry.

Consequently, the Investigation Authority recommended the Minister of Industry and Trade to proceed the investigation. The conclusion of preliminary conclusion and/or final conclusion investigation is basis of the Investigation Authority’s recommendation to the Minister of Industry and Trade on imposition or non-imposition of provisional and/or official anti-dumping measures.

Investigation period:The investigation period for determining of dumping: from 01 June, 2017 to 31 May, 2018.The investigation period for local industry’s damages determination includes:The first year: from 01 June, 2014 to 31 May, 2015.The second year: from 01 June, 2015 to 31 May, 2016.The third year: from 01 June, 2016 to 31 May, 2017.The fourth year: from 01 June, 2017 to 31 May, 2018.

Proposal for tax duty of Requester:

The Requester proposed for investigating and imposing the provisional anti-dumping duty with 25.5% relating to the investigated import products from China and 19.25% relating to the investigated import products from Korea before the time the Ministry of Industry and Trade issues the official decision.

The individuals and organizations as stipulated in Article 74 of Law on Foreign Trade Management may register as a related party to Investigation Authority  to access the public information during the investigation, and to send the opinions, comments, information and evidences related to the investigation as mentioned herein.

Organizations and individuals shall prepare applications using the application form for registration as interested parties stated in the Appendix 01 attached to the Circular 06 and send to Investigation Authority no later than 30 (thirty) days from the date issuing the investigating decision.

Upon the receipt of applications for registration as related parties, the investigation authority shall consider whether a party is accepted as a related party or not within a period of 07 working days. If an application for registration as related party is refused, the Investigation Authority is required to explain such refusal in writing to the applicant.

The related parties under regulations of Article 79 the Law on Foreign Trade Management shall implement their rights and obligations under Article 9 of the Decree No. 10/2018/ND-CP.

In order to ensure its lawful rights and benefits, the Investigation Authority recommends the individuals and organizations manufacturing, importing, using the investigated goods to register as a related party to perform information accessing right, to provide information and express opinions during the investigation procedure.

Questionnaire: Within 15 days since the issuance of the decision on investigation, the Investigation Authority shall send the questionnaire to seek answer to various subjects.

On-site Investigation: Pursuant to Article 75.3 of Law on Foreign Trade Management, the Investigation Authority shall be entitled to proceed the on-site investigation (if necessary), including overseas investigation to certify the information, dossiers provided by related party or to collect more information, dossiers for settlement of trade remedies case.

Confidential information: The Investigation Authority shall keep the investigation information confidential as stipulated in Article 75.2 of Law on Foreign Trade Management and Article 11 of Decree No. 10/2018/ND-CP.

Cooperation during the investigation: In case any related party refuses to participate in the case or fails to provide necessary evidences or significantly disturbs the completion of the investigation, the preliminary conclusion and final conclusion relating to such related party shall be based on available information.

In case a related party provides provides false or misleading evidences, such evidences shall not be reviewed and the preliminary conclusion and final conclusion regarding such related party shall be based on available information.

Non-cooperating related parties shall not be exempted from trade remedies measures as prescribed in Article 7 of Decree No. 10/2018/ND-CP.

The Investigation Authority recommends the related parties to comprehensively cooperate during the investigation to protect its legitimate rights and benefits.

Duration of investigation: Anti-dumping measures imposition investigation shall be completed within 12 months from the date on which the decision on anti-dumping measures imposition investigation is issued. In some special cases, the Minister of Industry and Trade may extent the duration for anti-dumping measures imposition investigation but the total duration shall not exceed 18 months.

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New regulations on trade, import and export coming into force from the end of October, 2018

1. Procedures for issuance of C/O certifying origin of a number of special goods

On September 14, 2018, the Ministry of Industry and Trade has promulgated the Circular No. 26/2018/TT-BCT amending and supplementing the Appendix IV of the Circular No. 20/2014/TT-BCT on implementation of rules of origin in the Asean-Korea Free Trade Agreement.

According to this Circular, C/O certifying origin of special goods prescribed in Article 6 of the Appendix I of the Circular No. 20/2014/TT-BCT must comply with the following provisions:

- C/O must be issued by the C/O issuing authority designated by the exporting country as regulated in the Appendix V of the Circular No. 20/2014/TT-BCT.

- The C/O certifying the origin of a specific good issued by the C/O issuing authority designated by the exporting country must be noted that the good is conformable with provisions of Article 6 Appendix I of the Circular No. 20/2014/TT-BCT.

- Unless otherwise provided for in this Appendix, relevant rules set out in the Appendix V enclosed with the Circular No. 20/2014/TT-BCT must be applied with modifications suitable for the special goods applying provisions of Article 6 Appendix I of the Circular No. 20/2014/TT-BCT prescribed in the list enclosed with this Appendix.

The Circular No. 26/2018/TT-BTC comes into force from October 29, 2018.

2. Registration of standard form contract for issuance of domestic debt cards is not mandatory

This regulation is provided in the Decision No. 38/2018/QD-TTg dated September 05, 2018 amending the Decision No. 35/2015/QD-TTg on amendments and supplements to the Decision No. 02/2012/QD-TTg promulgating the list of essential goods and services for which standard form contracts or contracts containing general terms and conditions must be registered.

According to this Decision, when issuing domestic debit cards, opening and using payment accounts (for individual customers) or applying for personal loans (for consumption purpose), the registration of standard form contracts or contracts containing general terms and conditions is not mandatory.

The Decision No. 38/2018/QD-TTg comes into force from October 22, 2018.

3. Promulgation of 06 national technical regulations on environment

On September 14, 2018, the Ministry of Natural Resources and Environment promulgates the Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT on promulgation of national technical regulations on environment, including:

- QCVN 31:2018/BTNMT - National technical regulation on environment for imported steel scraps for production;

- QCVN 32:2018/BTNMT - National technical regulation on environment for imported plastic scraps for production;

- QCVN 33:2018/BTNMT - National technical regulation on environment for imported paper scraps for production;

- QCVN 65:2018/BTNMT - National technical regulation on environment for imported glass scrap for production;

- QCVN 66:2018/BTNMT - National technical regulation on environment for imported non-ferrous metal scraps for production;

- QCVN 67:2018/BTNMT - National technical regulation on environment for imported slag from iron or steel industry for production.

The Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT come into force from October 29, 2018.

4. Amendments to the Circular No. 28/2014/TT-BVHTTDL on international trade in goods

The Ministry of Culture, Sports and Tourism has promulgated the Circular No. 26/2018/TT-BVHTTDL on September 11, 2018 to amend the Circular No. 28/2014/TT-BVHTTDL on management of international trade in goods under the management of the Ministry of Culture, Sports and Tourism.

According to this Circular, the following are the most noticeable contents:

- The phrase “National treasures” is removed from the list of goods banned from export.

- A component of the application documentation for approval for contents of imported works of plastic arts, fine arts and photography is abrogated.

- The regulation “The certified copy of the investment certificate or the certificate of enterprise registration or the business registration certificate” on procedures for approval for contents of imported cinema works is abrogated.

The Circular No.26/2018/TT-BVHTTDL comes into force from October 30, 2018.

Source Thuvienphapluat

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Austrian federal business chamber to open office in Vietnam

Austria’s main business group will open an office in Vietnam and invite a Vietnamese delegation to visit the European country next year.

This was revealed at the Vietnam-Austria Business Forum attended by visiting Prime Minister Nguyen Xuan Phuc in the Austrian capital, Vienna, Monday.

The forum was organized by the Vietnam Chamber of Commerce and Industry and the Austrian Federal Economic Chamber (WKO), the federal parent organization for the state chambers of commerce and trade associations.

WKO president Harald Mahrer said Austrian businesses are attracted by the potential of the Vietnamese market. He pointed to Vietnam’s status as one of the fastest-growing economies in the world, its increasing number of new businesses and a large population set to reach 100 million soon.

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Vietnam also has a young and well-trained labor force with good entrepreneurship, especially in information technology, which interests many Austrian companies, Mahrer said.

VCCI chairman Vu Tien Loc noted the forum is the most significant event ever between Vietnam and Austria and organized before the E.U.-Vietnam Free Trade Agreement (EVFTA) comes into effect next year.

PM Phuc said the Vietnamese economy has been achieving high growth for the last 30 years and is set to grow by 7 percent this year.

With young people accounting for 65 percent of the population, a growing middle class and a large ratio of people using the internet and smartphones, the country has great potential in e-commerce, he added.

Vietnam climbed from 77th in 2006 to 55th last year in the World Economic Forum’s global competitiveness index, and from 104th to 68th in the ease of doing business index, according to the World Bank.

Pointing to these, the PM encouraged Austrian businesses to invest in high-tech agriculture, agricultural processing, manufacturing, high-tech zones, infrastructure, and tourism in Vietnam.

He said the country is willing to sell stakes in state-owned enterprises in telecoms, banking and securities to capable Austrian investors.

Austria, one of the first western countries to establish diplomatic ties with Vietnam in 1972, was the sixth largest importer of Vietnamese goods in Europe last year.

Bilateral trade was worth over $4 billion last year, up 42 percent from 2016.

In the first seven months of this year Vietnam’s exports to the country reached $2.58 billion, up 47 percent year-on-year, while imports fell 16 percent to $167 million.

As of last August Austrian companies had 31 projects in Vietnam with registered investment capital of $143.9 million.

Source: vnexpress

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

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

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Change of Headquarter of Da Nang Immigration Department

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 offer offices 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.

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The Essential Information on Certificate of Origin from Vietnam

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.

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Some Modifications on Business Registration from October 10th, 2018

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 business location. 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.

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Property Liability of Husband and Wife in the Marriage Period

According to the laws of Vietnam, marriage relation is established between a man and a woman based on marriage conditions and registration. Marriage registration means establishment of legally valid marriage relation and is protected by State, binding the wife and the husband with certain liability – joint liability.

Joint liability means a liability which shall be performed by both wife and husband and which the obligee has the right to request other to perform in its entirety. This liability could arise from property obligation in marriage period.

Property of wife and husband include two types: common property and separate property. For the transaction of common property, both wife and husband mutually agree implement, joint liability shall always exist. Moreover, the following transactions which are made by either wife or husband including but not limited to: legitimate representation in civil transaction, business relations; representation in the ownership certificate of property; the obligations performed by either wife or husband in order to meet the family’s essential demand will bind both wife and husband by a joint liability.

Despite one of the principles of Civil Code on separate property that the owner has a right to possess, use and dispose its assets and the obligations, liabilities arising out such rights shall be performed by the owner in itself, the transaction performed by either wife’s assets or husband’s assets can arise joint liability to other party such as the usage of separate property for maintenance, development of common property or making family’s primary income.

In conclusion, the provisions of joint liability on spouses’ assets not only ensure the right, benefits of wife, husband, family and third party but also is legal foundation for resolution of dispute.

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