How to Apply Exemption from Anti-dumping Measures for Polyester Long Fiber Products

On October 19^th, 2021 the Trade Remedies Authority of Vietnam issued Announcement No. 23/TB-PVTM on receiving application for exemption from application of trade remedies for a number of polyester long fiber products (Case No. AD10).

Anti-dumping Law Firm in Vietnam

On October 13^th, 2021, the Minister of Industry and Trade issued Decision No.2302/QD-BCT on applying the official anti-dumping measures on long fiber products made from polyester originating from the People’s Republic of China, the Republic of India, the Republic of Indonesia (Case No. AD10).

For the basis for considering the exemption request (with restrictions on the volume, quantity of exempted goods, exempted purpose) of the above products, the Trade Protection Department requests the relevant parties that application of trade remedies for a number of polyester long fiber products, contact the Trade Protection Department and provide information:

The scope of the information:

(i) The company’s ability to manufacture and supply the products requested for exemption from the domestic company. If it has been manufactured or supplied, please provide detailed information on design capacity, contract and sales invoice of each group of products requested for exemption;

(ii) Opinions and views on the exemption for each of the above product groups.

The products under comments:

First product:

Product: Synthetic filament yarn (combined nylon and polyester yarn) having details as follow:

-Physical characteristics: The yarn cross-section is not uniform due to the fact that it is composed of two different fibers.

-Composition: Combination of polyamide fiber (nylon fiber) (10-30%) and polyester fiber (70-90%).

-Yarn size: 160D/72F; 320D/144F; 75D/36F

-Manufacturing process: Melt polyester yarn at 2600C and polyamide yarn (nylon yarn) at 2200C and then let these two yarns flow through a combination system to form a long yarn composed of polyamide yarn and polyester interlaced yarn interlaced with each other.

-Synthetic filament yarn holding the HS code: 5402.33.00, 5402.46.00, 5402.47.00

Second product:

Product: Synthetic Filament yarn used to produce zippers, includes 03 specific yarn groups as follows: HSY yarn, HTY yarn and HSD yarn having details as follow:

-Physical characteristics:

Shrinkage rate: HTY, HSY yarn: 16% at boiled and 5.5% at dried; HSD yarn: 12% at boiled and 11% at dried

-Yarn size:

100D: PF HTY T1 INA 6K; PF HTY T1 INA-2 6K;

150D: 150/48*2 GPOASY (recycle); DTY 150D/48F/2 SDR (recycle); PF HSY T1 INA; PF HTY T1 INA

250D: PF HTY TL INA; PF HTY TL INA-2;

300D: PTY SD T1 ABR; PTY SD T1 MBR; PTY SD T1 MBR HSD; PTY SD T1 MBR2 HSD; PF HTY T1 INA; PF HTY T1 INA-2

450D: PTY SD TL MBR;

500D: PF HTY T1 INA; PF HSY T1 INA; PF HSY T1 INA-2; PF HTY T1 INA-2

The period of comment:

The information will be sent to Trade Protection Department before December 20^th, 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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Extend the Response Time to Apply Anti-dumping Measures on H-shaped Steel Products From China

On October 29th, 2021, Department of Trade Remedies issued the Investigation Questionnaire on the review and application of anti-dumping measures on H-shaped steel products originated from China for the relevant parties in the case ER01.AD03.

 

Extend the Response Time to Apply Anti-dumping Measures on H-shaped Steel Products From China

For facilitating conditions for relevant parties to fully cooperate in the case, the Investigating Authority extends the time to response the questionnaire for relevant parties. After the extension period, if the Investigating Authority does not receive timely responses from the relevant parties or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties, the information and documents collected by the Investigating Authority or available information and documents for calculation and evaluation according to the regulation of Law on Foreign trade management.

The relevant parties must respond to the Investigation Authority before 17:00 December 20th, 2021 (Hanoi time).

The information, data provided in the Questionnaire of the Investigation Authority and the right to access the information of the case during the investigating term will be implemented in the regulations of the laws.

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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Plan to Simplify Regulations on Telecom, Gaming, Internet Service

In the process of economic integration and development, in order to create favorable conditions for business and service sectors under the management of the Ministry of Information and Communications, Vietnam has approved the plan to reduce and simplify regulations a number of regulations under its control.

Plan to Simplify Regulations on Telecom, Gaming, Internet Service

Accordingly, Decision No. 1994/QD-TTg agreed to reduce and simplify regulations related to business lines: Provision of pay radio and television services; Provide G1, G2, G3, G4 video games online; Newspapers; Telecommunications service business; publisher’s activities; Business in printing services, except for packaging printing; Publishing services business; Postal services; Information Technology; Science and technology; Domain name registration and maintenance services; Internet; Network information security products and services in Vietnam.  It is important for the company operating in the areas of concern to consult with telecom, internet business, media lawyers to follow up with specific changes in law in Vietnam.

These are industries with fast-growing trends and have a strong impact on other industries as well as on the overall economic development. Therefore, the facilitation and restriction of procedures will contribute to attracting foreign investment and creating development motivation for businesses, quickly catching up with the rapid changes of services, improving the quality of services and improving the quality of services information and communication products.

Accordingly, on procedures for granting certificates of eligibility to provide public electronic game services, for the application components “Plan for the location of the computer room of the public video game service point suitable according to the prescribed area” and “Pay the fee for the issuance of the Certificate of eligibility to operate the point of supply providing public video game services” were abolished. Especially, it is subject to change immediately after the time of licensing. Therefore, the information of the location of the machine room option at the time of consideration for licensing is of little significance. Besides, the Decision also mentions supplementing the form of implementing administrative procedures on electronic means (changing the form of paper copies into electronic ones) to be flexible and ensure consistency with the Enterprise Law 2020 in the implementation for businesses.

The decision also abolishes administrative procedures for granting licenses to provide G1, G2, G3, G4 video game services online. According to the plan, many procedures with G1 online game service will be abolished such as: licensing procedures; license re-issuance; license renewal or procedures for amending and supplementing the license to provide G1 video game services on the internet… This is a meaningful abolition decision for the practice of licensing video games. Because, it is challenging for state agencies to request enterprises to apply for permits and report every time they change their business plans, affecting the autonomy of enterprises as well as creating huge inadequacies in terms of business administrative procedures.

In addition, business conditions: “The publisher’s office has an appropriate area, meets the provisions of the law on standards and norms for using the office” has been simplified to ” having an office that meets the provisions of law on standards and norms for using the office”. This change is reasonable, because the criterion of suitable area has no basis for explanation. Moreover, the area of​​the publisher’s headquarters is not related to the management of the State. With the new regulations, publishers can be autonomous in choosing the right area, ensuring space for business activities. At the same time, the Decision also combines two administrative procedures including re-issuance and renewal of licenses for printing and publishing publications into one administrative procedure, limiting cumbersome procedures, saving time and costs for businesses.

In addition, in the field of publication distribution service business, the Decision simplifies the process of granting certificates of registration for publishing and publishing electronic publications in the direction of only performing the verification process determining the project of publishing and distributing electronic publications. Therefore, if the project is eligible and accepted, the enterprise will be granted a certificate of operation registration immediately.

According to the simplified version of the Decision, the Postal Business Registration Certificate and the Postal Investment Certificate in Vietnam will be merged into the Business Registration Certificate.

Therefore, the introduction of Decision No. 1994/QD-TTg has reduced and simplified procedures; help the process of preparing documents quickly; save time for organizations and individuals when carrying out administrative procedures and minimize the cost of administrative compliance.

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 services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.         

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Renew expired visas for foreighers during the Covid-19 period

Visa is a certificate issued by a competent Vietnamese state agency, allowing foreigners to enter Vietnam for immigration for a certain period of time depending on specific case. To be granted a visa, a foreigner must meet the conditions specified in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, such as: having a passport or valid international travel document, being invited or sponsored by agencies, organizations and individuals in Vietnam unless otherwise provided for by law and not in the cases where entry is not allowed. In some special cases, to be granted a visa, foreigners will have to present documents proving the purpose of entry. When the visa is about to expire, foreigners can apply for a new visa for immigration into Vietnam.

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In order to be issued a new visa, the foreigners need to prepare the following documents: application form for visa issuance; papers on the foreigners need to fully guarantee (if any); valid passport, other necessary proofs related to the purpose of entry and residence. After fully preparing the above documents, the foreigner shall submit the application at working offices of the Immigration Department – the Ministry of Public Security. The immigration officer receiving the dossier will check the dossier. If it is complete and valid, then he or she will receive the application and hand over the receipt, schedule a date to return the results. If the dossier is not valid, the dossier-receiving officer shall guide the submitter to supplement the dossier for completeness.

The result would be available within 05 days from the date of receipt of complete dossiers.  The person who comes to receive the result shall present the receipt, identity card or passport to the officer to check and compare, pay the fee and sign for receipt.

However, during the period of complicated developments of the Covid-19 epidemic, the Prime Minister and leaders of the Ministry of Public Security issued instructions on the implementation of “automatic extension of temporary residence” for foreigners affected by the Covid-19 epidemic. Accordingly, foreigners entering under the visa exemption category, entering with an electronic visa or a tourist visa from March 1, 2020 until now, will continue to have their temporary residence extended until the end of August 31, 2021 and can leave the country within the above time limit without having to carry out procedures for extension of temporary residence.

In case a foreigner who entered the country before March 1, 2020 if he/she can prove that he is trapped due to Covid-19, being certified by the diplomatic mission or has a written confirmation from the competent authority of Vietnam about the isolation and treatment of Covid-19 or other force majeure reasons, is also considered to apply “automatic extension of temporary residence” until the end of August 31, 2021.

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 services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.        

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Extension of Response for Cane Sugar Anti-Dumping Case

 On September 21^st, 2021, the Ministry of Industry and Trade issued Decision No. 2171/QD-BCT on investigating the application of measures to prevent evasion of anti-dumping measures to a number of cane sugar products originating from Cambodia, Indonesia, Laos, Malaysia and Myanmar.

Extension of Response for Foreign Manufacturers and Exporters and Domestic Manufacturers and Importers for Cane Sugar Anti-Dumping Case (Case No. AC02.AD13-AS01)

On October 25^th, 2021, Department of Trade Remedies (Investigating Agency) announced on the issuance of the Investigation Questionnaire for Foreign Manufacturers and Exporters and Domestic Manufacturers and Importers (Case No. AC02.AD13-AS01).

During the process of receiving the Investigation Questionnaire, the Investigating Authority received requests to extend the time for answering the Investigation Questionnaire from the relevant parties. Therefore, on November 23^rd, 2021, the Investigating Agency issued the announcement on agree to the extension. The Investigating Authority requires all relevant parties to cooperate and participate sufficiently during the investigation. The extent of the response will be the basis for the Investigating Authority to review and draw a conclusion of the investigation of this case. In the event that the Investigating Authority does not receive timely responses from relevant parties or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties, the information and documents collected by the Investigating Authority or available information and documents for giving the result according to the regulation of Law on Foreign trade management.

The relevant parties must respond directly to Investigation Authority before 15:00 on December 16^th, 2021 (Hanoi time).

The information, data provided in the Questionnaire of the Investigation Authority and the right to access the information of the case during the investigating term will be implemented in the regulations of the laws.

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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How Foreigners Can Extend Visa in Vietnam During Covid-19

 Since the beginning of 2020, due to the impact of the Covid-19 epidemic, many foreign nationals entering Vietnam on a visa-free basis, entering with an e-visa or a tourist visa have been “stuck” in Viet Nam. In addition, Vietnam is restricting the issuance of new visas to foreign citizens to focus on the prevention of the Covid-19 epidemic, hence many foreign citizens in Vietnam cannot apply for a new visa, even though their visas have expired. Many foreigners have been concerning whether they can extend visa in Vietnam and seek help from best immigration lawyers in Vietnam for such queries.

 How Foreigners Can Extend Visa in Vietnam During Covid-19

To ensure the legal residence of these foreign citizens during the time when the world is facing the Covid-19 epidemic, Vietnam has “automatically extended temporary residence” status for foreign citizens in the above categories from March 01^st, 2020 to the end of December 31, 2021. Foreign nationals who are automatically extended temporary residence do not need to apply for a new visa, however, they will renew their temporary residence every month to legally reside in Vietnam.

The automatic extension of temporary residence is also applied to cases of entry before March 01st, 2020 if they can be proven to be stranded due to the Covid-19 epidemic, certification of the Diplomatic missions by Diplomatic note (with Vietnamese translation) or a written certification from a Vietnamese competent authority about being isolated, treated for Covid-19 or other force majeure reasons.

In addition, to be automatically extended temporary residence, foreign citizens eligible for automatic extension of temporary residence must make temporary residence declaration and medical declaration according to regulations. In addition, foreign citizens need to comply with and not violate the law in Vietnam.

Automatic extension of temporary residence will help foreign citizens save time, cost, and travel restrictions during the outbreak of the pandemic as complex as it is today. However, the extended period of temporary residence is normally 30 days, hence the foreigners need to carry out the procedure to extend their temporary residence every month according to the notice of the Immigration Department.

In cases of extension of temporary residence, foreign citizens are allowed to temporarily reside in Vietnam for the permitted period and exit without declaration. After exiting the country, if they wish to return to Vietnam, foreign citizens must apply for a new visa in accordance with the law.

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 services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.       

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How to Determine Penalty and Compensation for Damages from Breach of Commercial Contract?

When drafting a contract, especially a commercial business contract, in addition to basic provisions such as the object, scope of the contract, value and payment method, rights and obligations of the parties, dispute settlement, information confidentiality, and the regulations on the penalty for a breach of the contract and damage compensation are also very important.

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Penalty for a breach of the contract

Under the provisions of the Commercial Law 2005, penalty for a breach means that the breaching party must pay a sum of money to the aggrieved party due to the breach of the violating party if the parties agree in the contract on the fine for a breach. Thus, the penalty for a breach only arises when there is a breach of the contract by the violating party and the parties have agreed on the penalty.

The law gives the right to agree on sanctions for violations to contractual parties, but this freedom to negotiate is limited. Specifically, the parties are only allowed to agree to a maximum penalty of 8% of the breached contractual obligation value, except traders providing assessment services issue assessment certificates showing incorrect results caused by their unintentional faults, they must pay penalty therefor to customers. The penalty level shall be agreed upon by the parties but must not exceed ten times the assessment service charge. In fact, the dispute settlement agency also bases on the prescribed limit of the law to handle; therefore, even if the parties agree to a higher penalty for a breach, it is not applicable in practice.

Compensation for damage

Compensation for damage means a remedy whereby the breaching party pays compensation for the loss caused by a contract-breaching act to the aggrieved party. The basis for arising damages is a breach of the contract; there is material loss and act of breaching the contract is the direct cause of the loss. Difference from penalty for a breach, liability to compensate for damages caused by breaches of contract performance obligations arises even in cases where the parties do not have an agreement on this matter. Besides, the law does not provide any regulation to limit the amount of compensation; it is based on the actual damages that the aggrieved party can prove.

When participating in the transaction, if both types of sanctions are specified in the contract, they should clearly specify the basis for the amount of compensation for the damages and the penalty for violation.

In fact, there are many cases where the parties do not agree clearly or agree on the penalty but the amount of the penalty exceeds the prescribed level, the excess could be considered invalid. The parties should also note that there will be no agreement on late payment interest on the infringement penalty and the amount of compensation damages.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Dispute Attorneys in Hanoi, Ho Chi Minh City and Danang, will help customers conveniently drafting contracts and assist in resolving contract disputes in Vietnam.       

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