FOOD AND FOOD SUPPLEMENTS REGISTRATION IN VIETNAM

Proclamation of quality specifications of imported food and food supplements

To ensure imported food and food supplements are safe to eat, as well as to protect consumer through the control of imported food and food supplements quality, the Vietnam Food Registration Agency requests the imported food and food supplements to be complied with the proclamation standard procedures.

Food and Food supplements registration in Vietnam

ANT Lawyers is capable to carry out proclamation of quality  specifications procedures in Vietnam for clients being manufacturers, importers and distributors.

ANT Lawyers services include:

• Provide consulting advice relating to proclamation of quality specifications of products.
• Act as authorized representatives to draft documents, filing of statement with the competent State agencies.
• Provide consulting advice to overcome the problems arising in the course of registration;
• Act as authorized representatives to draft documents, filing of application at the competent State agencies.
• Authorized representatives to draft documents, filing for certificate extension at the competent State agencies.

A number of documents to be provided:

• Products specifications;
• Product label;
• Samples;
• Copy of the business registration certificate;
• Certificates of Good Manufacturing Practice (GMP), Hazard Analysis and System Critical Control Point (HACCP);
• Certificate of Free Sale or Health Certificate;
• Power of attorney;

Please contact ANT Lawyers for more specific advice to ensure compliance with the laws of Vietnam by inquiries through email ant@antlawyers.vn or call our partners directly at  + 84 912 817 823.

Read More

COSMETICS WORKSHOP, EVENT ORGANIZING REGISTRATION SERVICES

In addition to the cosmetics advertising on mass media such as television, radio, electronic portals (Internet, Website), books, newspapers, magazines, flyers, posters, underwater objects or other means of advertising, the cosmetics business can make or sponsor, authorize other entities to carry out workshop activities to introduce cosmetic products.

The cosmetic businesses are only allowed to advertise, organize seminars and events to introduce the cosmetic products when having the Receipt of advertising, seminar, cosmetic introduction events registration dossiers as prescribed by law.

Cosmetic advertising content must be consistent with the documents proving the safety and efficacy of the cosmetics and must comply with published guidelines of ASEAN cosmetic product features.

1. Services that ANT Lawyers provide for customers:

+ Consultation on the announcement of cosmetics, import cosmetics, cosmetics advertising.

+ Consulting on the registration and documentation of organizing conferences, workshops to introduce and advertise cosmetics as requested by customers.

+ On behalf of customer to fill in the cosmetics advertising registration where business operates or where enterprise organizes conference, workshop to advertise cosmetics.

+ On behalf of customer to contact, work and receive information from the competent State agencies related to the implementation process.

+ Amend and supplement the dossier as prescribed by the competent State agencies upon requested.

+ Inform customers about the validity result from the competent State agencies.

2. Registration dossier includes:

+ Trader registrated to advertise cosmetics, orgasnize seminar, event to introduce cosmetic products.

+ A copy of the business registration.

+ A copy of the cosmetic product announcement card that has been granted.

+ POA of organizations and individuals that announce the cosmetic products for the one who organizing cosmetic seminar, introduction event (in case of the event organization or individual register for advertising, organizing the seminar, cosmetic introduction event which  are the one who held, published cosmetic products).

+ Document disclosures for the features, the use of the product in the case of the advertising contents, the contents presented at the seminar, cosmetic introduction event mentioned features, the use of the product beyond the content stated in the cosmetic product announcement card.

+ 02 advertising scripts (script must clearly describe the pictures, lyrics, music intends to advertise) or 02 advertising forms intend to release (applicable to the advertising registration dosssier) or documents intend to display, release at the seminar, cosmetic introduction event (applicable to workshop registration dossier).

3. Ways to file registration of cosmetic advertising, organizing seminar, event introduced cosmetic products:

a) Cosmetic registration dossier may be compiled for one or more products, can advertised on one or more means of mass media.

Cosmetics advertisement, advertising script can be made ​​for one or more different products.

b) The event, workshop organizing registration dossier may be compiled for one or more products to be held in one or more locations in the province, city

The procedure time: 10 working days from the time when the customer provides valid records and documents as required.

Please contact us at ant@antlawyers.vn or call us at + 84 835202779.

Read More

Business and legal issues

Business and legal issues today are intertwined as never before.

The increasing globalisation of competition, the rise of emerging markets including Vietnam, the persistence of volatility, and the sharp increase in global regulatory scrutiny are some of the many factors that have led to an increase in strategic transactional activity—including acquisitions, disposals, mergers, strategic alliances, restructurings, spinoffs, IPOs, and joint ventures in Vietnam.

From a business point of view, today’s environment is more complex, more competitive, and more fast-paced than ever. From a legal point of view, it has never been more important to get the due diligence, tax, structuring, compliance and contracts right, from start to finish. And in this competitive environment, timing is more critical than ever.

That’s why it makes sense to work with a legal network whose service offering is embedded within the powerful capabilities, sector exposure, and footprint of a global business services leader. One who can quickly mobilise a co-ordinated, integrated, highly effective team to help you gain maximum value from your deal.

Innovative, business-focused legal solutions

ANT Lawyers’ legal services bring the best of both worlds to your strategic transactions.

We offer a wide array of integrated legal capabilities, along with deep cross-border deals experience, and the international and Vietnamese proficiency of M&A-focused corporate lawyers,

Whether you are working on the sell side or the buy side, cross-border or nationally, or on a small, midsize or large deal, we offer a full complement of transaction-focused legal services, including world-class due diligence, tax and legal structuring, contract negotiation, regulatory documentation, and advice on management-team incentive schemes.

One network, one global team: A seamless, co-ordinated approach

Our M&A lawyers work alongside leading practitioners from other divisions in tax, transactions, human resource services, corporate finance, investment funds and financial services regulation. Working as a single team, we can bring you innovative, integrated, commercially focused solutions to some of the most challenging business issues a company can face.

From letter of intent to the closing of the transaction, we maintain a rigorous focus on two things: the successful execution of every aspect of your deal, and capturing the maximum value for your organisation.

Please contact us for inquiries through email ant@antlawyers.vn or call our partner directly at  + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

Read More

THE METHOD TO IDENTIFY THE CUSTOMS VALUE OF IMPORTED AND EXPORTED PRODUCTS

Customs valuation matters with particular reference in transfer pricing that attract attention in Vietnam recently.  There are acceptable methods of reducing customs duty liabilities.  In order to clarify for the method to identify the customs value of imported and exported products, the Ministry of Finance has issued the Circular 29/2014/TT-BTC guidinging identical imported products; license fees, and licensing fees relating to imported products; the activities to simplify process after importing; explaining “like a condition of product sale transaction” at Point b, Section 1.2.5.1 Article 14 on license fees, licensing fees in Circular 205/2010/TT-BTC.

The ministry also abolished regulations on method to identify customs value in case of illegal dossiers or conflicts of documents at section 2.2 Article 10 Circular 205.

The new Circular takes effect on April 12th 2014.

For further information or legal advice, please contact our customs lawyers in Vietnam at ANT Lawyers.

Source: THE METHOD TO IDENTIFY THE CUSTOMS VALUE OF IMPORTED AND EXPORTED PRODUCTS

Read More

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.

Read More

HOW TO PROTECT TRADEMARK IN VIETNAM?

Trademark protection in Vietnam is initially obtained through trademark registration.

Trademark opposition could be filed to prevent a pending application for a mark from being granted application.  Litigation is the final measure to handle dispute during trademark protection in Vietnam.

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

The annual reports of the Vietnam National Office of Intellectual Property (NOIP) prove that trademark violation in Vietnam is the most popular, among other industrial property rights.  According to the preliminary annual report in 2011, and 2012, there has been more than 1,000 cases of trademark violations each year.  Report of 2013 shows more than 2,000 trademark infringements were handled with the total fines of trademark violators of around USD 1 million.  Having said that, it is important for trademark owner to register trademarks in Vietnam for better protection.  This is also suggested for even well-known trademarks.

For registration, trademark owner has two options: either directly register trademark in Vietnam by filling an application for registration with the Vietnam NOIP, or seek the protection in Vietnam through Madrid’s system.  For the first option, the trademark owner needs to prepare, file for registration, and pay fee as the requirement of Vietnam Intellectual Property law.  In case trademark needs to be protected in a number of nations, including Vietnam, trademark owner may register trademark through Madrid’s system.

Where the violation of trademark occurs, trademark owner needs to judge the level of infringement, level of damage to choose suitable resolutions.  Initially, the trademark owner may protect by requiring to the trademark violator to terminate the infringing acts, apologize, and rectify. In case of being damaged, trademark owners have rights to claim compensation.  If failing to reach result, trademark owner may use settlement mechanism through negotiation or mediation or could request the competent state agencies to handle acts of infringement through i.e. filling a denunciation application and submitting to the Vietnam NOIP.  Litigation might be required to handle acts of infringement.  Generally, the proceeding of civil litigation is more complex than the arbitration proceeding. In cases the trademark owner needs a decision from court in order to end trademark infringement, civil litigation is top priority. In the remaining cases, arbitration is a better choice with advantages of cheaper cost, shorter settling time, and more flexible.

Read More

FORMS OF DISPUTES AND APPROACHES TO SETTLEMENT

Dispute in Vietnam could be between parties in business transaction, foreign investors and Vietnam government, or between countries in implementing international treaties.

The formation of market economy in Vietnam took place in the context of the development in the width and depth of the economic ties at a significant fast pace that make Vietnam an important part of the world supply chain.  Vietnam suppliers could sell the goods and services to the world and the foreign supplier could also export their goods and services to Vietnam market.  Further, as the Vietnam market opens up, foreign investors could invest through various forms of investments in Vietnam i.e. acquire equities in Vietnam companies, establish business in Vietnam.  During this process, disputes are an inevitable result which has been growing in scale and complexity.

Most should agree that disputes shall be construed as the dissent, inconsistencies or conflicts of interests, rights and obligations between the parties in the economic relations at different levels. Accordingly, economic disputes can have the following basic forms:

1. Disputes in business are between the participants in a business transaction including investments, production to consumption of products or performance of services on the market for profit purposes i.e. professional and product liability, debt disputes over a business transaction, franchise disputes,intellectual property disputes, and disputes over contract for supply of goods or services…
2. Disputes between foreign investors with Vietnam government agencies, arising in the implementation of the BTO, BT, BOT, and the implementation of international agreements on promotion and protection bilateral and multilateral investment i.e. government policy and policy measures, concession to water and sewerage, power or energy supply, project or contract payment…
3. Disputes between countries in the implementation of the international bilateral and multilateral agreements.

In Vietnam, as the disputes arise, parties involved could consider resolving the matters through negotiation, mediation, arbitration, or taking court actions after taking consideration of various factors including cost, time, and the complexity of the disputes.  Litigation law firm in Vietnam with skillful dispute lawyers should be consulted to provide the suitable advice for dispute resolution.

Read More