Thứ Sáu, 19 tháng 7, 2019

Officially Issuing the Schedule of Tariff Concessions for Import and Export to Implement CPTPP Agreement


On June 26th, 2019, the Government issued Decree No. 57/2019/ND-CP on Preferential tariff for export, Special preferential tariff for import to implement CPTPP Agreement from 2019 to 2022. CPTPP has come into force as of January 14th, 2019, however, the Decree 57 is the official legislation incorporating CPTPP’s commitment into national laws.


Tariff concessions applying to each country
In addition to 0% tax applied to many products as soon as effect of Decree 57, the remaining is eliminated as scheduled into 4 stages: from January 14th, 2019 to end of 2019, 2020, 2021 and 2022 equivalent to each tariff concessions.

The first six countries which have approved CPTPP Agreement including Mexico, Japan, Singapore, New Zealand, Canada and Australia. Vietnam was the seventhly country completing ratification procedures to bring the Agreement into effect. Under the CPTPP Agreement, the first six countries ratifying the Agreement have the right to notify to the later ratifying countries about the schedule of tariff concessions. Based on such provision, Article 4 and 5 of Decree 97 stipulates the reduction of import and export tax levels for each group of countries including: the group of five countries of Japan, Singapore, New Zealand, Canada and Australia shall may be applied the second level of tax reduction from January 14th, 2019 due to similar application of such countries to Vietnam; and Mexico shall be applied the first level of tax reduction from January 14th, 2019.

The conditions for applying preferential export tariff
Under the CPTPP Agreement, the Schedule for preferential export tariff include 519 tax lines, tax of 0% shall be applied to the goods outside such Schedule exporting to territory of country members to which CPTPP Agreement has taken effect. The exporting companies shall meet the followings to enjoy the preference:
-Goods shall be exported to 6 countries to which CPTPP Agreement has taken effect (Mexico, Japan, Singapore, New Zealand, Canada and Australia).

-Having the instruments of transportation showing the destination in territory of country members to which CPTPP Agreement has taken effect

-Having importing declarations of the shipment at customs of the member countries to which the CPTPP Agreement has taken effect.

The conditions for applying special preferential import tariff
Imported goods subject to special preferential import tariff under the CPTPP Agreement shall meet the following conditions:
-Imported goods belong to Preferential import tariff or List of products and preferential import tax or List of products and special preferential import tax for used cars.

-Being imported from member countries to which the CPTPP Agreement has taken effect and Vietnamese non-tariff zones to domestic market.

-Being transported into Vietnam from member countries to which the CPTPP Agreement has taken effect (in case of transshipment and cargo in transit, other conditions).


-Vietnam currently is a member and negotiating many free trade agreements to promote exports. This action will make a strong progress in import and export activities in international arena.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.
To learn more about ANT Lawyers International Trade and Tax or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529





Thứ Tư, 17 tháng 7, 2019

Establishing Distribution Company in Da Nang


Da Nang is a city in the Central of Vietnam, with the advantage of being a trading place of many countries in the world. Da Nang has a large seaport in the top 10 large seaports of Vietnam, facilitating trading activities with many countries around the world.

At the present, Da Nang is promoting foreign investment into Da Nang, and many investors have chosen Da Nang to do business in the distribution business line. For this business line, Vietnam has committed to open up to attract 100% foreign investment. As committed, foreign-invested companies in the distribution sector will be allowed to provide commission agents, wholesalers and retailers of all products manufactured in Vietnam and legally imported products into Vietnam. Therefore, the investors can import or produce goods, then they distribute the goods in accordance with regulations.
In addition, with the increasing in the number of tourists coming to Da Nang in recent years, the demand for consumer products, fashion and other items for tourists has increased. This triggers demand that many companies to provide essential goods for tourists, and this is a great investment opportunity for investors both domestically and abroad. The investors could explore this opportunity to set up company in Da Nang and fill the market’s demand.
In addition, with many policies to support enterprises in administrative procedures, as well as management, investors can easily carry out procedures as well as manage and control their business better. Enterprises investing in Da Nang are now very satisfied with the way public services are handled in the city’s administrative procedures, therefore more and more investors are choosing Da Nang as a destination for investment when targeting in Vietnam.
ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.




Thứ Ba, 16 tháng 7, 2019

Can a trademark expire?


Once your trademark is 10 years old, it would expire. This is a primary caveat with trademark; it only lasts for about 10 years. Once the 10 years have come close and you haven’t applied for renewal or restoration, the expiration process begins.


To that end, it is definitely important for you to either renew or restore it:

1. Trademark renewal: Application for the trademark renewal has to be applied 6 months before the expiration date has come near. Once this period is not taken heed to, the trademark shall expire and you are only left with the next measure.

2. Trademark restoration: trademark restoration takes place after the expiration date is over. How is this option? The answer is a pretty simple one! Once the trademark has been expired, the most definite and the logical way to make sure that you still have access to it are through trademark restoration. Once you apply for the restoration, you would go through the same strides as you went through when you applied for trademark registration for the first time. You would go through the initial application. This application might be objected against by the department, and you would have to file a reply for it. This restoration process also involves putting the trademark in the journal for about 4 months. Once the mark is restored, you would again receive a certificate from the department that implies the same.

To that end, it would be better if you go by the former part of renewal and don’t wait for the restoration process.
ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.


Thứ Sáu, 12 tháng 7, 2019

What is a Copyright?


Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively. Those rights include:



-The right to reproduce the work
-To prepare derivative works
-To distribute copies
-To perform the work
-To display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions.

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has near carte blanche to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.






Thứ Năm, 11 tháng 7, 2019

How do copyrights, trademarks and patents differ?


The US Constitution gives US Congress the power to issue intellectual property rights to “promote the progress of sciences and arts.” So, copyrights, trademarks and patents are a means to reach that end. Each has a distinct function and varying requirements, but the main idea is to protect overall innovation and the flow of ideas. Here’s a breakdown:

Copyrights: The purpose of a copyright is to protect an author’s expression of ideas. The key is that it is the actual expression that is protected here rather than the underlying idea. Copyrights are generally used for things like books or plays or any type of art really. The author has the exclusive right to copy and reproduce the work so a copyright will be infringed by any unauthorized copying of the work. A copyright will attach as soon as an author fixes a work in a tangible medium, meaning as soon it is written down, it can not be copied.

Trademarks: The purpose of trademark protection is to protect a company’s name or logo from infringement by competitors. Basically, a protected trademark will give a company the exclusive right to use a certain “mark” in the marketplace. The “mark” can be a name, logo, or phrase, etc. The idea is that your name and logo should stand for what your company stands for and if a competitor can come in and use your logo, then they will be able to free-ride off of the goodwill that you have built up in the marketplace. The protection of a trademark is sometimes limited by region or industry or in some cases it can be international, but in general will be limited by the scope of your use.

Patents: A patent is issued to protect an invention. The invention can be any new and useful product or process or an improvement on an existing product or process. The requirements for a patent are probably the most strict because it provides the inventor the most powerful rights, allowing the inventor to exclude use of the invention by others without payment. A patent will give the inventor a limited monopoly on the invention so you really have to prove that you deserve it before it will be granted by the US PTO.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.





Thứ Ba, 9 tháng 7, 2019

Danang Attract Investment in Tourism-related Service


Danang City always fulfills its goal of developing into a tourist city, so tourism support activities are always prioritized for development. With the above advantages, Danang is the destination of many domestic and foreign investors to develop hospitality real estate, tourist services and tourism-related services i.e. retail of food and beverage…
In 2018, Da Nang received over 7.6 million domestic and international visitors. Beside My Khe beach, Pham Van Dong beach, Ba Na Hills, Monkey mountain, … the city is also known as a place to host many major festivals. For many years, Da Nang has been chosen as the city where the international fireworks competition is held every year, attracting many visitors. In addition, traditional festivals such as Quan The Am festival, International Food Festival, Cau Ngu Festival, Festival Street, Bai Choi music… attract a large number of tourists to visit Danang.
Although there are many business locations for tourism-related service, Da Nang still lacks service businesses to serve the growing number of tourists to the city.
For foreign investors, tourism-related services such as accommodation services, food and beverage services are the business lines which Vietnamese committed to allowing foreign investors can make investments with 100% foreign capital in Vietnam. These industries do not require investors to spend significant capital, but still could bring high economic efficiency. Investors who take advantage of opportunities and investments today would enjoy high business performance in the future.
ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150  juridictions. The firm provides a range of legal services as following to multinational and domestic clients.



Can you trademark your business without a lawyer?


You don’t need a lawyer to trademark your business, but you must become competent to do the following:


-Complete a due diligence search to make sure that you (and only you) have the right to use the trademark or service mark;

-Determine if you should file a registration for the mark as a federal mark before the USPTO or a state mark with your secretary of state;

-Determine the international class or classes that you should include in your application for registration;

-Describe the goods and services that you are providing according to the international class or classes; and

-Complete the paperwork or electronic filing for the application for registration with the appropriate agency.

If you are or can become competent to do each of these, then you don’t need a lawyer to trademark your business and/or the offerings provided by your business.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
We assist our clients in all steps of the prosecution phase of IP management.