ANT Lawyers Participating in ASEAN Rail Infrastructure & Expansion 2019

In the year 2017, ANT Lawyers, a law firm in Vietnam has been participating in the event of GRS Rail Extension Summit and Thomas Giglione presented about Alternative Dispute Resolution in executing contracts. In the year of­ 2019, ASEAN Rail Infrastructure & Expansion 2019 will bring to Hanoi the most exclusive and influential railway gathering in ASEAN region on May 30th -31st, 2019.

Asia is seeing rapid growth and urbanization, and there is an increasing need to develop transport services to match. And rail is an increasingly viable option to meet the demand for both urban commuting as well as long distance travel. Throughout Southeast Asia, countries are making upgrades to increase freight and passenger rail capacity, extending and rehabilitating existing rail infrastructure, developing urban rail, and pursuing cross border rail and transport linkages.

Vietnam is a country with a relatively complete and early railway system in the Southeast Asia region. On 16 June 2017, the National Assembly of the Socialist Republic of Vietnam officially approved the Revised Railway Laws which supplements many preferential and breakthrough mechanisms and policies. This is the opportunity for Vietnam Railways to open a new page, the period of construction and development so that the railway sector can play its rightful role as the backbone of transport sector, contributing to the reduction of logistics expenses and enhancement of national competitiveness. At the same time, the Vietnamese Government is also planning to allocate a medium-term capital package of USD 350-450 million to Vietnam Railways in order to improve and upgrade the existing infrastructure network to increase railway interval capacity.

Event Highlight

➢ Forecast the Future Plans of the ASEAN Government in Rail Expansion

➢ Provide New Partnership Opportunities with Governments and Project Developers

➢ Feasibility of Rail Project Financing and Investment Opportunities

➢ Focus on Highly Technical Sessions on Track& Infrastructure Upgrades, Rolling Stock, Signals and Communications from Key Solution Providers

➢ Discuss Design and Construction Challenges for ASEAN Rail Projects from Leading Consultants and Engineers

At the event, among other speakers, Mr. Giglione, a Mediator and Mediation Trainer of ANT Lawyers shall be presenting about APEC’s New (O.D.R) Online Dispute Resolution Framework for Resolving Cross Border Construction Disputes. It is obvious that, any contracts would involve potential disputes. Court or arbitration litigation is always the last resort while resolving dispute through mediation could be utilized to encourage parties to maintain relationship and continue the business. Since 2012, ANT Lawyers has been promoting mediation to resolve.

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What is cybersecurity?

We depend on technology heavily, which also translates to a rise in online hackers. The bigger the corporation is, the higher the risk of cyber attacks. This is when cybersecurity comes into the picture.

Cybersecurity law in Vietnam

What is cybersecurity: Cybersecurity is the condition of being guarded against criminal and illegal activities that comprise of activities related to computer, information technology, and virtual reality. It also means the measures taken to acquire this condition. One must know the risks, threats, and consequences of cyber attacks.

- Who are the attackers: The attacker could be an external source like a hacker who gets into the system and steals files. The imposter could even be someone from the company itself, like an employee who has an access to confidential information.

- How are the attacks carried out: The attackers through viruses or botnets invade systems. It is even done by using a USB drive or clicking on an unknown link.

- When is the attack carried out: Cyber attacks mostly occur when your systems or the internal staff are vulnerable. There is no specific vulnerability and the attack can occur at any time.

- Which area is hit: Cyberspace is a limitless stretch so the attack can occur in any area.

- Why do these attacks occur: The external agents strike to leak or held captive crucial company data for earning ransom. And the internal sources like the employees do it for competitors in exchange for money. Some even do it as a revenge due to past unpleasant experiences.

- How to tackle cyber attacks: There are three ways of securing your website:

1) SSL Certificate: This certificate validates your website's identity and encrypts the information visitors send or receive from your site.

2) CodeGuard: It is a service that does an automatic backup of your website.

3) SiteLock: It scans your website for any threat and when it is detected, it works effectively to repair it. Also, you would be instantly notified about any attack.

Source : Quora - Jenny Webber, Web hosting expert

ANT Lawyers, a Law Firm Vietnam with International Standard

As a single, fully integrated, global partnership, we pride ourselves on our approachable, collegiate and team-based way of working.  ANT Lawyers is a member of Vietnam Bar Federation, Hanoi Bar Association, an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries.  

Send us request via email at ant@antlawyers.vn or call us at +84 28 730 86 529 

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Handing Trademark Infringement in Vietnam

Counterfeit destroys businesses, business environments, markets as well as the image of the country. Handling trademark infringement in Vietnam has been practically challenging.

Vietnam government has been trying to curb the counterfeits however the results are limited.  The counterfeit business generates huge profits due to the gap price anywhere in the world.   Almost goods which is either popular or luxury, high or low-value of either domestic or foreign brands are being counterfeited, imitated in Vietnam.  Falsification of household goods, food, cosmetics, shoes and items of higher value such as bags, watches, glasses, etc may be found all over Vietnam. For effective anti-counterfeit, we need a close cooperation among the authority agencies in inspection, control of production, import and circulation in the market.  The Southern Department of Goods Quality Control in Vietnam in one of its regular inspections when cooperating with competent agencies in Ho Chi Minh City found after checking 79 stores with 416 items including: oil, helmets, toys, electronic devices that 33.89% of goods of unsatisfactorily labeled, 14.5% unsatisfactory quality. Where the consumers buy counterfeit goods, they could and should report to State authorities, Anti-Counterfeit and Brand Protection Association as an effort to contribute to curbing counterfeit in Vietnam.  The international brands being infringed could request assistance from local law firms in Vietnam.

ANT Lawyers’ Intellectual Property lawyers in Vietnam have assisted a number of clients being foreign brands in its effort to protect their intellectual property and industrial property rights in Vietnam under Intellectual Property Law through advisory, and implementation service.

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Handling Labour Matters in Post M&A Transaction

While undertaking M&A transaction, the buyer may face legal risks regarding license, assets, compliance, including labor matters. One of the challenges of the buyer post M&A is the integration of the labour force into the new structure while ensuring rights and interests of their existing employee complying with the laws.

When negotiating a deal, the buyer and target company may try to retain the advantage combining the strengths of both side. However, it’s challenging to just merely add personnel of the existing of departments with same functions together and group them under i.e. administration departments, sales department, accounting department…Further, one of the benefits of M&A is to improve the effectiveness of the operation through managing the similar scale of the combined business with less resources. Therefore, the re-arrangement of personnel is required and therefore conflicts will have to be managed between employees and employer.

Pursuant to Article 45 of Labor Code: in case of merging, consolidating, splitting or separating an enterprise, the successive employer shall continue employing the existing workforce and modify and supplement their labor contracts; if the existing workforce cannot be fully employed, the successive employer shall prepare a suitable labour plan and implement a labor utilization plan. In case of transferring asset ownership or use rights of an enterprise, the preceding employer shall have to prepare a labor utilization plan.

The labor utilization plan shall have the following contents: the lists and numbers of workforce to be continued employment and workforce to be re-trained for continued employment; the list and number of employees to be retired; the lists and numbers of employees to be assigned part-time jobs and those to terminate their labor contracts; measures and financial sources for implementing the plan. This is responsibility of the employer when the business arise change which greatly affects employee.

Regarding dismissed employee, the employer shall pay a job-loss allowance to the employee who has worked regularly for the employer for 12 months or longer. The job-loss allowance is equal to 1 month of salary for each working year, but must not be lower than 2 months of salary. The working period used for the calculation of job-loss allowance is the total time during which the employee actually works for the employer minus the time during which the employee benefits from unemployment insurance in accordance with the Law of Social Insurance and the working period for which the employer has paid a severance allowance to the employee.

It is important that the seller to retain M&A law firm to assist with the post M&A process to ensure the labour compliance is followed during the integration of labour resources.

If you need some help finding a Law firm in Vietnam, check out our website at ANT Lawyers.vn. As a single, fully integrated, global partnership, we pride ourselves on our approachable, collegiate and team-based way of working.  ANT Lawyers is a member of Vietnam Bar Federation, Hanoi Bar Association, an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries. 

Let ANT Lawyers help your business in Vietnam.

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New laws on labor dispute mediators

ANT Lawyers employment practice offers counseling service in the Vietnam labour and employment compliance and dispute matters. Our Vietnam employment lawyers often keep track with changes in the Vietnam labour code, the Vietnam employment laws to provide the clients with the best advice. The recently issued Circular 08/2013/TT-BLDTBXH is guiding the selection, appointment, re-appointment for mediators for solving labour disputes and dismissal of labour conciliators as prescribed in Decree No. 46/2013/ND-CP of the Government which details the implementation of a number of articles of the Labor Code on labour disputes in Vietnam.

1.Each district, town and provincial city shall have labour mediators. Based on the number of firms and the level of labour disputes in the area, the Department of Labour, Invalids and Social Affairs shall determine the amount of the labour mediators;

2.Department of Labour, Invalids and Social Affairs is responsible for receiving requests for the mediation of labour disputes, disputes over contracts of labour. The party that is requesting mediation can suggest a labour mediator and the Department of Labour, Invalids and Social Affairs will appoint the mediator to involve in the labour dispute.

3.Dismissal of labour conciliators in one of the following cases:a) There is an application for resignation under the labour mediator model No. 05/HGV attached to this Circular. b) Having 2 years of continuous assessment tasks that are not completed in accordance with Article 8 of this Circular. c) In case there are violations of law, an abuse of their credibility or authority. His responsibility is detrimental to the interests of the parties or the interests of the state during the reconciliation process in one of the following cases: i) One of the provisions of Article 3 of the Law on Anti-Corruption; ii) Perform reconciliation duties not impartial or not objective The Chairman of the District’s People’s Committee, representing the Department of Labour, Invalids and Social Affairs in the district level, shall preside over the meeting to consider the level of illegal labor mediation in the presence of the labour mediator and the parties relating to the violations of labour mediation. Minutes of the meeting must be signed by the labour mediator and the representatives of the involved parties. This Circular takes effect from July 1, 2013.  If Circular 22/2007/TT-BLDTBXH of October 23^rd 2007 of the Ministry of Labour, Invalids and Social Affairs is guiding on the organization and operation of this department and the mediators and labour regulations in a contrary way to this Circular, this Circular shall be effective as from the date when it is effective.

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Basis of appearance, establishment of intellectual property rights

The Vietnam Intellectual Property Law No. 50/2005/QH11 stipulates copyright, copyright-related rights; industrial property rights; rights in plant varieties and for the protection of these rights.

This law applies to Vietnamese organizations and individuals, foreign organizations and individuals that satisfy the requirements stipulated in this Law and international treaties to which the Socialist Republic of Vietnam is party of.

IP Enforcement in Vietnam

1. Copyrights shall arise at the moment when a work is created and expressed in a certain material form regardless of its content, quality, form, mean, language, whether or not it has been published or registered.

2. Related rights shall arise at the moment when a performance, a phonogram, a broadcast program and a satellite signal carrying encrypted program is fixed without prejudice to copyrights.

3. Intellectual property rights shall be established as follows:

a) Industrial property rights in inventions, industrial designs, layout-designs, marks, geographical indications shall be established on the basis of the competent State authority’s decision on the grant of Protection Title in accordance with registration procedures stipulated in this Law or on the recognition of international registration under international treaties to which the Socialist Republic of Vietnam is party; in terms of for well-known marks, the ownership rights shall be established on the basis of use independently from registration procedures.

b) Industrial property rights to trade names shall be established on the basis of lawful use of the trade names.

c) Industrial property rights in business secrets shall be established on the basis of legal acquirement and secret keeping of the business secrets;

d) Right to repression of unfair competition shall be established on the basis of competition in business.

4. Rights to new plant varieties shall be established on the basis of the competent State authority’s decision on the grant of Plant Variety Protection Title in accordance with registration procedures stipulated in this Law.

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Vietnam Investigates Anti-dumping of Fiber Board Wood Products from Thailand and Malaysia (AD06)

On April 16^th, 2019, Ministry of Industry and Trade of Vietnam has promulgated Decision No. 940/QD-BCT on investigation into imposition of anti-dumping measures for fiber board products made of wood or other wood materials originated from Kingdom of Thailand and Malaysia (Case number AD06).

Summary of the Vietnam anti-dumping case AD06:

The requesting party is four (04) companies representing the domestic industry who have filed the Application for Investigation on October 18^th, 2018, including VRG KIEN GIANG MDF JOINT STOCK COMPANY; VRG DONGWHA MDF JOINT STOCK COMPANY; MDF VRG – QUANG TRI WOOD JOINT STOCK COMPANY; KIM TIN MDF STOCK COMPANY.

Scope of investigation on Vietnam anti-dumping case AD06:

The imported products alleged of dumping are some fiber board products of wood or other ligneous materials, whether or not assembled with glue or other organic adhesives, uncoated and unwrought, with the HS codes: 4411.12.00, 4411.13.00, 4411.14.00, 4411.92.00, 4411.93.00, 4411.94.00 from Thailand and Malaysia. The investigating period to determine dumping behavior is from Jan 1^st to Dec 31^st, 2018. The investigating period to determine the damages of the domestic manufacturing industry is from Jan 1^st, 2015 to Dec 31^st, 2018

The alleged dumping margin in Vietnam anti-dumping case AD06:

Imported Products from Thailand and Malaysia subject to anti-dumping measures imposition investigation are alleged with specified dumping margins respectively rate of 50,6% and 18,59%.

Damages and causal relation relating to Vietnam anti-dumping case AD06:

The products alleged of dumping are considered the main cause of significant losses of the domestic industry in the sales growth, profits, profit margins, wages, actual capacity, inventory.

Registration for interested party to Vietnam anti-dumping case AD06:

The organizations, individuals can register to be recorded as the related parties in this case with the Investigation Authority by the way sending the application according to the application form for the related party by May 15^th, 2019.

The investigation questionnaire of Vietnam anti-dumping case AD06:

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the investigating authority shall send the investigation questionnaire to seek answer to i) Producers of similar domestic goods; ii) Foreign producers and exporters exporting goods subject to anti-dumping and countervailing investigation into Vietnam which the investigating authority knows; iii) The representative in Vietnam of the government of the country producing and exporting goods subject to anti-dumping and countervailing investigations; iv) Importers of goods subject to anti-dumping and countervailing investigations; and Other related parties.

Within 30 days after receiving the investigation questionnaires, the interested parties must provide written replies to all questions in the questionnaire. In case of necessity or there are written requests for extension with reasonable reasons from the interested parties, the investigating authority may extend the time limit but not more than 30 days.

Please be informed that the time limit for the antidumping measures imposition investigation shall be within 12 months from the day on which the decision on investigation is issued, with a possible extension up to 6 months if necessary.

Law Firm in Vietnam - ANT Lawyers International Trade Lawyers assist to represent the foreign clients to submit the answer at The Division of Dumping and Subsidies Investigation, Trade Remedies Authority- Ministry of Industry and Trade of Vietnam.

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