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Thứ Tư, 28 tháng 8, 2024

How Attorneys in Hanoi Help Foreign Clients Navigate the Thriving Business Landscape

  Hanoi, the vibrant capital of Vietnam, is a city steeped in rich history and culture. In recent years, it has emerged as a dynamic hub for business and investment, drawing significant attention from both domestic and international investors. The city’s remarkable transformation into an economic powerhouse is underpinned by various strengths that make it a compelling choice for those looking to invest. We will explore the strengths of Hanoi as an investment destination, delve into the improvements in its business and investment environment, and shed light on how attorneys in Hanoi play a pivotal role in assisting foreign clients to confidently navigate this thriving landscape.

Attorneys in Hanoi
Strengths of Hanoi: A Beacon for Investment

Hanoi boasts several key strengths that position it as a premier destination for foreign investment. These factors combine to create a compelling case for businesses and investors seeking opportunities in Southeast Asia.

Strategic Location:

Hanoi’s strategic geographical location within Vietnam places it at the heart of the country’s economic activities. It serves as a gateway to the booming markets of the Asia-Pacific region. Proximity to major trading partners such as China, Japan, South Korea, and Singapore makes Hanoi an ideal hub for companies looking to expand their reach.

Stable Political Environment:

Vietnam, and by extension, which Hanoi being capital, has consistently maintained political stability. The government has implemented policies to support economic growth and attract foreign investment, providing a secure environment for businesses to thrive.

Robust Economic Growth:

Hanoi has been a key driver of Vietnam’s impressive economic growth. Its GDP continues to rise, supported by diversification across various industries. The city’s economic resilience is particularly attractive to foreign investors.

Infrastructure Development:

Hanoi has invested significantly in infrastructure development, including transportation networks, industrial zones, and technology parks. This commitment to improving infrastructure enhances the city’s connectivity and accessibility for businesses.

Thriving Tech Ecosystem:

Hanoi is home to a thriving technology ecosystem, with a focus on high-tech industries such as information technology and electronics. This environment encourages innovation and attracts tech-savvy investors.

Educational Excellence:

The city is host to a multitude of prestigious universities and research institutions. This rich educational landscape ensures a skilled and qualified workforce, which is essential for businesses seeking to establish a presence in the region.

Cultural Heritage:

Hanoi’s cultural heritage, with its historic sites, vibrant street markets, and diverse cuisine, adds a unique charm to the city. This cultural richness appeals to tourists and investors alike.

Evolving Business and Investment Environment

Over the years, Hanoi has made significant strides in improving its business and investment environment. These improvements have been instrumental in attracting foreign investors and fostering a conducive atmosphere for business growth.

Streamlined Administrative Procedures:

The government has simplified administrative procedures, reducing bureaucracy and red tape. This streamlining of processes has made it easier for businesses to register and operate in Hanoi.

Investment Incentives:

Hanoi offers a range of incentives to foreign investors, including tax breaks, land use rights, and import-export privileges. These incentives enhance the city’s competitiveness in attracting foreign capital.

Trade Agreements:

Vietnam’s participation in numerous international trade agreements has opened up access to global markets. Investors in Hanoi can leverage these agreements for their international expansion plans.

Intellectual Property Protection:

The protection of intellectual property rights has improved significantly. Stringent measures are in place to safeguard the interests of investors, fostering an environment of trust and security.

Financial Services:

Hanoi has a well-developed financial sector, with numerous banks, financial institutions, and investment funds. Access to financial services is crucial for businesses seeking capital and financial stability.

Role of Attorneys in Hanoi

Navigating the intricate landscape of foreign investment in Hanoi requires a deep understanding of local laws, regulations, and business practices. This is where attorneys in Hanoi come into play, serving as invaluable partners for foreign clients.

Legal Expertise:

Attorneys in Hanoi possess extensive legal knowledge of Vietnam’s regulatory framework and business laws. They are well-versed in international law and can provide expert guidance on compliance, contracts, and due diligence.

Market Insight:

These legal professionals have their fingers on the pulse of Hanoi’s business environment. They can offer insights into market trends, industry-specific challenges, and investment opportunities.

Navigating Regulations:

Foreign investors often encounter complex regulatory requirements when entering a new market. Attorneys in Hanoi can help streamline the process, ensuring compliance with all legal obligations.

Risk Mitigation:

Understanding and mitigating risks is paramount in any business venture. Attorneys can assess potential risks, develop risk management strategies, and provide legal solutions to protect their clients’ interests.

Cultural Bridge:

Attorneys in Hanoi act as cultural intermediaries, bridging the gap between foreign investors and local partners. Their knowledge of local customs and business etiquette can be instrumental in building successful partnerships.

Dispute Resolution:

In the event of disputes or conflicts, attorneys play a crucial role in dispute resolution and legal representation. Their expertise can help clients navigate the legal system effectively.

Network Building:

Attorneys in Hanoi often have extensive networks within the business and legal communities. They can connect foreign clients with potential partners, suppliers, and investors, facilitating business expansion.

Due Diligence:

Conducting thorough due diligence is essential before making any investment. Attorneys can assist in conducting due diligence investigations to assess the viability of an investment opportunity

Hanoi’s strengths as an investment destination, coupled with its evolving business and investment environment, make it an attractive choice for foreign investors. Attorneys in Hanoi play a pivotal role in ensuring that foreign clients can confidently navigate the complex landscape of foreign investment. Their legal expertise, market insights, and ability to mitigate risks contribute to the success of businesses seeking to establish a presence in this thriving city. With the guidance of knowledgeable attorneys, foreign investors can unlock the vast potential that Hanoi has to offer, contributing to the city’s continued economic growth and development.

About ANT Lawyers, a Law Firm in Vietnam

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 has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/library/how-attorneys-in-hanoi-help-foreign-clients-navigate-the-thriving-business-landscape.html

Thứ Ba, 27 tháng 8, 2024

Vietnam Trademark Registration to Protect IP Rights

  Considering Vietnam trademark registration activities, the subject holder must comply with certain conditions to fulfill its trademark registration rights.

Vietnam Trademark Registration. How to Proceed?

Vietnam trademark registration under IP Law in Vietnam

According to Law on Intellectual Property:

-Organizations and individuals may register marks to be used for goods they produce or services they provide.

-Organizations and individuals that conduct lawful commercial activities may register marks for products they are marketing but produced by others, provided that the producers neither use such marks for their products nor object to such registration.

-Lawfully established collective organizations may register collective marks to be used by their members under regulations on use of collective marks. For signs indicating geographical origins of goods or services, organizations that may register them are collective organizations of organizations or individuals engaged in production or trading in relevant localities. For other geographical names or marks indicating geographical origins of local specialties of Vietnam, the Vietnam trademark registration must be permitted by competent state agencies.

-Organizations with the function of controlling and certifying the quality, properties, origin or other relevant criteria of goods or services may register certification marks, provided that they are not engaged in the production or trading of these goods or services. For other geographical names or marks indicating geographical origins of local specialties of Vietnam, the Vietnam trademark registration thereof must be permitted by a competent state agency.

-Two or more organizations or individuals may jointly register a mark in order to become its co-owners on the following conditions: i) This mark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners; ii) The use of this mark causes no confusion to consumers as to the origin of goods or services.

If the subject falls into one of the cases mentioned above, they will have the right to register the mark at the National Office of Intellectual Property. After the subject condition has been met, consideration should be given to the condition that a mark can be protected as a trademark. In particular (i) It is a visible mark in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colors; (ii) It is capable of distinctive goods or services of the mark owner from those of other subjects.

However, there are some exceptions even when the mark satisfies those two conditions. For example, marks identical with or confusingly similar to national flags or national emblems; or marks identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese State bodies, political organizations, socio-political organizations, socio-politico-professional organizations, social organizations or socio-professional organizations or with international organizations, unless permitted by such bodies or organizations shall not be protected as a trademark.

In order to register for protection of a trademark, the registrant that file Vietnam trademark registration should pay attention to the subject matter and the conditions for the trademark to be protected in order to avoid being refused at the registration authority because of the failure to meet the conditions for the subject or the conditions for protection.

About ANT Lawyers, trademark registration agent in Vietnam

IP Attorney at ANT Lawyers, a licensed IP agent in Vietnam shall be providing the advice to client to help the clients evaluate and file Vietnam trademark registration and other IP related services.

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 has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/library/vietnam-trademark-registration.html

Thứ Hai, 26 tháng 8, 2024

Laws Applicable in International Commercial Contract Dispute. Why Important?

  As Vietnam further integrates into the global economy, the demand for trading with Vietnam from traders from many countries around the world has been increasing proportionately. Naturally, the number of international trade disputes between parties of the contracts would also increase. It has been witnessed by commercial contract dispute lawyers in Vietnam that many foreign traders have not paid enough attention to contract issues, specifically the dispute clauses and the law that applies when there is a contract dispute with the thought that disputes rarely happen and parties trust each other while doing business.

How Commercial Contract Dispute Lawyers in Vietnam Could Help?

Why It Is Important To Have Dispute Mechanism In Place?

In fact, contract disputes are risks that needs to be taken into account. Although trust of doing business between parties are important but events that cause disputes can come from unexpected and unpredictable factors. For example, price changes, product volume changes, product quality issues, personnel, transportation, weather, and seasonal matters can also be factors that affect contract performance.

To ensure their best interests in the event of a dispute, when doing business in Vietnam foreign traders should  consult with commercial contract dispute lawyers in Vietnam to learn about the applicable law agreement at the time of contract conclusion and have mechanism in place to resold potential disputes.

1.What is an International Trade Contract?

An international commercial contract is a legal form of international commercial acts, an agreement between traders to establish, change, and terminate the rights and obligations of the parties in carrying out commercial activities. international.

2.Sources of Law Applicable in International Commercial Contract Disputes?

The parties can choose:

International Treaty

An international treaty is an international agreement signed in writing between countries and subjects of international law and governed by international law. The regulated content of international trade law includes: goods, services, intellectual property and investment with foreigners.

For example: When signing an international goods sale contract, the parties can choose the applicable law as the 1980 Vienna Convention on the Sale of Goods (CISG).

National Law

National law is a system of written or unwritten legal norms established or recognized by the state to regulate legal relations between subjects of law arising within the territory or jurisdiction of a state. that family.

When entering into an international commercial contract, the parties can choose national law as the law applicable to the contract (it can be the national law of one of the parties or the country where the contract is executed). 

International Trade Practices

International trade practices are common principles of behavior that have been established for a long time in the practice of international trade activities.

Some international trade practices are widely used today such as: UCP (used in L/C payments), INCOTERMS (used in international goods sales),…

3.Principles of Choice of Law to Apply in International Commercial Contract Disputes

Principle of Respecting the Agreements of the Parties – “Lex Voluntatis”

The parties to the contract have the freedom to choose the applicable law in contract disputes. In case a dispute arises, the dispute resolution body must respect this decision of the parties. The dispute resolution body can only request the parties to use other sources of law in cases where the law chosen by the parties cannot or is not sufficient to resolve the arising dispute.

Applicable Law Can Be International Treaties, National Laws, And International Trade Practices

The principle of respecting the agreements of the parties will only be limited in cases where the contract subject is real estate, labor contracts, or consumer contracts that affect the minimum rights of workers and consumers or the court’s choice of law affects public policy.

The Principle Of Choice Of Law Has The Closest Relationship With Contracts

This principle will only be applied in cases where the two parties do not have an agreement on applicable law or the applicable law is insufficient to resolve contractual disputes.

In international treaties as well as national laws, there are provisions regulating how to determine the source of law that has the closest relationship with the contract. Vietnamese law has regulations on how to determine the applicable law in some specific contracts as follows:

-Disputes over sales contracts: The law has the closest relationship to where the seller resides if it is an individual or where it is headquartered if it is a legal entity.

-Service supply contract disputes: The closely related law is the law of the country where the service provider resides if it is an individual or the place of establishment if it is a legal entity. This regulation is similar to a contract for the sale of goods.

-Disputes on contracts for transfer of use rights or transfer of intellectual property rights: The applicable law must be the law of the country where the recipient resides if it is an individual or the place of establishment if it is a legal entity.

Although in the field of intellectual property rights protection there seems to be no conflict of laws.  However, in contracts for transfer of rights to use or transfer of intellectual property rights, conflicts of law may occur.

Choosing the applicable law of the recipient’s country of residence is appropriate to Vietnam’s circumstances, because at present and in the future, Vietnam will probably still be the country receiving the right to transfer more intellectual property objects.

Labor Contract Disputes: The law that has a close relationship is the law could be where the employer registers. 

-Consumer Contract Disputes: The law with the closest relationship is the law where the consumer resides. The purpose of this is to protect consumers and avoid unfairness in the legal status of the parties if a dispute arises.

-Contract disputes involving real estate: The applicable law will be the law of the place where the real estate is located. Vietnam has such regulations for the purpose of protecting national security.

How Commercial Contract Dispute Lawyers in Vietnam Could Help?

Commercial contract dispute lawyers in Vietnam play a crucial role in assisting foreign traders when it comes to choosing the applicable law in international commercial contracts. Here’s how they can help:

1. Legal Expertise

Commercial contract dispute attorneys in Vietnam possess a deep understanding of international contract law, including the relevant treaties, conventions, and legal frameworks. They can provide expert advice on which laws might be applicable to a specific international commercial contract.

2. Assessment of Contractual Terms

Commercial contract dispute lawyers in Vietnam carefully review and assess the terms of the commercial contract to determine if there are any provisions related to the choice of law. If the contract includes a choice-of-law clause, lawyers help interpret and enforce it appropriately.

3. Conflict of Laws Analysis

In the absence of a choice-of-law provision, commercial contract dispute attorneys in Vietnam conduct a conflict of laws analysis to determine which jurisdiction’s laws should apply. They consider factors such as the location of the contracting parties, performance of the contract, and the subject matter of the agreement.

4. International Conventions and Treaties

Commercial contract dispute lawyers in Vietnam are well-versed in international conventions and treaties related to commercial contracts. They guide foreign traders on the applicability and advantages of conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) or regional agreements that may impact the choice of law.

5. Customization to Business Needs

Commercial contract dispute lawyers in Vietnam work closely with foreign traders to understand their business objectives, the nature of the transaction, and any industry-specific considerations. This allows them to tailor the choice-of-law provision to align with the unique needs of the business.

6. Drafting and Reviewing Contracts

Commercial contract dispute lawyers in Vietnam assist in drafting and reviewing commercial contracts to ensure that choice-of-law clauses are clear, specific, and in compliance with relevant legal standards. A well-drafted clause can help prevent disputes related to the applicable law.

7. Dispute Resolution Considerations

Commercial contract dispute attorneys in Vietnam consider not only the choice of law but also the implications for dispute resolution mechanisms. They may advise on whether to include arbitration clauses and, if so, which international arbitration rules or institutions are most suitable for the specific contract.

8. Enforcement of Foreign Judgments

In the event of a dispute, commercial contract dispute lawyers in Vietnam assist in navigating the process of enforcing foreign judgments in Vietnam or vice versa. They guide foreign traders on the legal procedures and requirements for recognition and enforcement.

9. Alternative Dispute Resolution (ADR)

Commercial contract dispute lawyers in Vietnam may encourage the use of alternative dispute resolution methods such as mediation or arbitration. They can help parties agree on a neutral jurisdiction for arbitration and navigate the complexities of international arbitration proceedings.

10. Updates on Legal Developments

Commercial contract dispute lawyers in Vietnam stay informed about changes in international trade laws and regulations. They provide foreign traders with updates on any legal developments that may impact the choice of law in their contracts.

In summary, commercial contract dispute lawyers in Vietnam serve as invaluable partners for foreign traders by offering legal expertise, ensuring compliance with international laws, and helping navigate the complexities of choosing the applicable law in international commercial contracts.

About ANT Lawyers, a Law Firm in Vietnam

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 has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/commercial-contract-dispute-lawyers-in-vietnam.html

The Role of a Business Litigation Attorney in Navigating Vietnam’s Business Environment

  In the dynamic and evolving business landscape of Vietnam, the role of a business litigation attorney becomes critically important.

As businesses navigate through the complexities of international trade, corporate governance, and regulatory compliance within Vietnam’s burgeoning market, the expertise and guidance of a skilled business litigation attorney can be invaluable.

This article delves into the multifaceted responsibilities of business litigation attorneys and the pivotal role they play in ensuring that businesses not only survive but thrive in Vietnam’s competitive environment.

the Role of a Business Litigation Attorney

Background: Commercial Dispute in Vietnam

Commercial disputes refers to conflicts that arise between two or more parties engaged in commercial activities aimed at profit-making, as defined under the Vietnam Commercial Law.

Such activities include the sale and purchase of goods, service provision, investment, trade promotion, and other profit-oriented endeavors.

These disputes typically stem from disagreements over the rights and obligations that the involved parties have in the context of their commercial transactions or business operations.

Expanding on this definition, commercial disputes can manifest in numerous forms, ranging from disagreements over contract terms to conflicts concerning trade agreements, intellectual property rights, and investment deals.

The intricacy of these disputes often reflects the complexity of modern commercial transactions, which can span different legal jurisdictions and involve multiple contractual obligations.

The resolution of commercial disputes is a crucial aspect of the legal system, as it ensures that commerce can proceed smoothly and that parties can seek redress and enforcement of contracts.

Methods of resolving such disputes vary, including negotiation, mediation, arbitration, and, where necessary, litigation.

The objective in any commercial dispute resolution is not only to settle the case at hand but also to maintain a professional and cooperative relationship between the parties involved.

Commercial disputes, when resolved effectively, contribute to a stable and predictable business environment. This stability is essential for fostering confidence among investors and facilitating international as well as domestic trade.

In Vietnam, as in other market economies, the role of legal frameworks and institutions in handling commercial disputes is vital for the health and growth of the economy.

Vietnam lawyers, arbitrators, and judges specializing in commercial law play a critical role in interpreting contracts, applying the law, and ensuring that justice is served, which, in turn, upholds the principles of fair trade and competition that are essential to any thriving market economy.

Understanding the Role of a Business Litigation Attorney

A business litigation attorney specializes in representing companies involved in disputes. The scope of their work encompasses a wide range of activities, from advising clients on the legal ramifications of business decisions to representing them in court or arbitration.

In Vietnam, where the business environment is characterized by rapid growth and changing regulatory landscapes, the guidance of a business litigation attorney is indispensable.

Business litigation attorneys are tasked with a deep understanding of both international and local laws to effectively represent their clients.

Their expertise includes, but is not limited to, contract disputes, intellectual property rights, labor and employment issues, and compliance with local regulations.

They must navigate the intricacies of Vietnamese law, ensuring that businesses are not only compliant but also strategically positioned to mitigate risks.

The Business Environment in Vietnam and the Need for Expert Legal Guidance

Vietnam’s business environment presents a unique set of challenges and opportunities. The country’s integration into the global economy, coupled with its own legal reforms, has attracted foreign investment but also introduced a complex regulatory framework.

Business litigation attorneys play a crucial role in this context, offering advice that helps businesses align their operations with local laws while pursuing growth and innovation.

For instance, navigating the legal requirements for foreign investment in Vietnam can be daunting. A business litigation attorney advises on the appropriate legal structures, investment incentives, and compliance with the Law on Investment and the Law on Enterprises. They ensure that foreign businesses understand their rights and obligations, helping them to operate effectively within the Vietnamese legal framework.

Key Responsibilities of a Business Litigation Attorney in Vietnam

1. Dispute Resolution

One of the primary roles of a business litigation attorney is to resolve disputes that may arise between businesses and their partners, employees, or governmental bodies. They employ negotiation, mediation, and, if necessary, litigation to protect their client’s interests.

2. Regulatory Compliance

With the constant evolution of laws and regulations in Vietnam, businesses must stay compliant to avoid penalties and legal issues. Business litigation attorneys provide crucial guidance on regulatory changes, helping businesses adapt their operations accordingly.

3. Contract Management

From drafting to enforcement, contracts are fundamental to business operations. A business litigation lawyer ensures that contracts are legally sound, reflecting the interests of their client while minimizing potential disputes.

4. Intellectual Property Protection

In the digital age, protecting intellectual property has become paramount. Business litigation attorneys in Vietnam assist in registering patents, copyrights, and trademarks, and act against infringements to protect a company’s assets.

5. Labor and Employment

Understanding and implementing labor laws correctly is vital for businesses. A business litigation lawyer advises on labor contracts, dispute resolution with employees, and compliance with Vietnam’s labor laws to prevent costly litigation and foster a harmonious workplace.

The Strategic Advantage of Engaging a Business Litigation Attorney

In Vietnam’s competitive business environment, having a seasoned business litigation attorney is a strategic asset. They not only provide defense in the face of disputes but also offer proactive strategies to avoid legal pitfalls. Their involvement in decision-making processes can result in more informed, legally sound business strategies that drive success and growth.

Moreover, the global perspective of a business litigation attorney is invaluable for businesses operating in or entering the Vietnamese market. They bridge the gap between local legal practices and international standards, ensuring that businesses can compete effectively on the global stage.

Conclusion

The role of a business litigation attorney in Vietnam’s business environment is both critical and comprehensive. They safeguard businesses against legal risks, guide them through regulatory landscapes, and act as strategic advisors in legal matters.

In a market characterized by rapid growth and regulatory changes, the expertise of a Vietnam business litigation attorney is not just beneficial but essential for businesses aiming to succeed in Vietnam. Engaging with a skilled business litigation lawyer ensures that businesses can navigate the complexities of the legal system, mitigate risks, and seize opportunities in Vietnam’s vibrant economy.

About ANT Lawyers, a law firm in Vietnam

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 has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/role-of-a-business-litigation-attorney.html

Thứ Tư, 21 tháng 8, 2024

Possible Anti-dumping Investigation on Imported Wood Fiberboard from Thailand and China 2024

  On July 29, 2024, the Trade Remedies Authority (TRAV), the investigation agency received a dossier from a company representing the domestic manufacturing sector (the petitioner), requesting an anti-dumping investigation on imported wood fiberboard from Thailand and China.

Anti-dumping Investigation on Imported Wood Fiberboard from Thailand and China 2024

Possible Anti-dumping Investigation on Imported Wood Fiberboard

On August 13, 2024, TRAV confirmed that the dossier was complete and compliant with the legal requirements for trade remedies, marking the formal initiation of the process.

Within 45 days from the date of dossier confirmation, the TRAV will assess the dossier and submit its recommendations to the Minister of Industry and Trade for a decision on whether to initiate an anti-dumping investigation.

This evaluation phase is critical in ensuring that the allegations meet the legal thresholds for proceeding with a formal investigation.

The assessment will cover two main aspects:

Legitimacy of Representation: TRAV will determine whether the organization or individual submitting the complaint is a legitimate representative of the domestic manufacturing industry, as defined under the Foreign Trade Management Law.

Evaluation of Evidence: TRAV will evaluate the evidence provided to ascertain whether the imported goods are being dumped. This includes analyzing whether the dumping is causing or threatening to cause significant injury to the domestic industry or is substantially hindering its establishment.

To assist in the thorough evaluation of the dossier and protect the rights and interests of domestic enterprises, TRAV has requested that domestic manufacturers and businesses involved in similar goods submit the following information:

  • Company details;
  • The company’s position on the matter (support, opposition, or neutral);
  • Any additional documents or evidence deemed relevant to the case.

The deadline for submitting this information is August 30, 2024.

Procedures for Possible Anti-dumping Investigation on Imported Wood Fiberboard

Once a decision is made to initiate an investigation, the following timeline typically applies in a standard anti-dumping case:

Preliminary Investigation

The investigation phase begins immediately after the decision is made. The Investigation Agency has up to 90 days to conduct a preliminary investigation. This period can be extended by another 60 days if necessary. During this phase, the agency collects data, reviews responses from involved parties, and may conduct on-site verifications.

Preliminary Determination

Based on the findings of the preliminary investigation, the agency will issue a preliminary determination, either imposing provisional anti-dumping duties or concluding that no provisional measures are needed. This step usually takes place within 180 days of the initiation of the investigation.

Final Investigation

After the preliminary determination, the investigation enters the final stage, which includes further data collection, hearings, and additional verifications. The Investigation Agency has 150 days to complete this final investigation. However, this can be extended by up to 90 days if the complexity of the case requires it.

Final Determination

The final determination is issued at the conclusion of the investigation, typically within 12 to 18 months of the start of the investigation. This determination may result in the imposition of definitive anti-dumping duties, which can last for five years, or in a decision not to impose duties if the evidence does not support the case.

Post-Determination Review

After the imposition of duties, interested parties can request a review of the anti-dumping measures. These reviews are generally conducted annually and are intended to determine whether the duties should be maintained, modified, or terminated.

Considerations for Possible Anti-dumping Investigation on Imported Wood Fiberboard

Cooperation from Foreign Exporters and Domestic Producers

Throughout the process, foreign exporters, domestic producers, and importers are encouraged to cooperate with the Investigation Agency by providing detailed responses to questionnaires and participating in hearings. Lack of cooperation may result in the application of adverse facts available, potentially leading to higher anti-dumping duties.

Public Interest Consideration

In some cases, the agency may also assess the public interest in imposing anti-dumping measures, considering factors such as the impact on consumers, downstream industries, and the overall economic effects.

By adhering to this timeline and procedure, the Trade Remedies Authority ensures a fair and transparent process in addressing anti-dumping allegations and safeguarding the domestic industry from unfair trade practices.

About ANT Lawyers, a Law Firm in Vietnam

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 has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/anti-dumping-investigation-on-imported-wood-fiberboard.html