ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Hai, 23 tháng 1, 2017

Definition and Classification of Cosmetics in Vietnam

The definition of cosmetic in Vietnam regulations is currently compatible with the definition of ASEAN Cosmetic Convention provided in Article 2.1 of Schedule B of ASEAN Cosmetic Directive. Accordingly, cosmetic product is a substance or a preparation which is used for touch with outside parts of human body (skin, hair system, finger nails, toenails, lip, and outside reproduction organ) or teeth and mouth mucous membrane with main purpose in order to cleanse, aromatize, change the outward characteristics, form, adjust body’s smell, safeguard body, or maintain the human body in good condition.

For the classification of cosmetic, under the current Vietnam regulations, the criteria for the classification of cosmetic products based on the features, uses, recipe ingredients, route of administration of the product and the definition of cosmetic. Namely, beauty products are classified into 20 groups of products as the following:
  • Creams, emulsions, lotions, gels and oils for skin (hands, face, feet, etc.)
  • Face masks (with the exception of chemical peeling products)
  • Tinted bases (liquids, pastes, powders)
  • Make-up powders, after-bath powder, hygienic powders, etc
  • Toilet soaps, deodorant soaps, etc.
  • Perfumes, toilet waters and eau de Cologne
  • Bath or shower preparations (salts, foams, oils. gels, etc.)
  • Depilatories
  • Deodorants and anti-perspirants
  • Hair care products include: hair tints and bleaches, products for waving, straightening and fixing, setting products, cleansing products (lotions, powders, shampoos), conditioning products (lotions, creams, oils), hairdressing products (lotions, lacquers, brilliantines)
  • Shaving product (creams, foams, lotions, etc.)
  • Products for making-up and removing make-up from the face and the eyes
  • Products intended for application to the lips
  • Products for care of the teeth and the mouth
  • Products for nail care and make-up
  • Products for external intimate hygiene
  • Sunbathing products
  • Products for tanning without sun
  • Skin whitening products
  • Anti-wrinkle products
Besides, some products are not classified as cosmetic as the following:



  • The product permanently adjust, restore or alter the function of the body by the immune mechanism, metabolic or pharmacological mechanism
  • Products sweetened oral, injection or contact with other parts of the body (i.e. the nasal mucous membranes, genitals in, …)
  • The mosquito, air fresheners, fabric softeners, water, toilet bowl cleaner, liquid oxygen aging, alcoholic antiseptic 70 0,90 0 alcohol, product Clean dentures are not exposed to the oral cavity, false eyelashes, eye cleaning solution/nose/ear protection products nasal congestion, anti-snoring products, vaginal lubrication gel, ultrasound gel, the exposure in genital, rectal enema, anesthesia, reduce/ control the swelling/edema, dermatitis treatment, hypoallergenic, anti-fungal, anti-viral, stimulates hair growth products/grow eyelashes products removed/reduced fat/reduced fat/reduced body size, weight loss products, prevent/stop the growth of hair, the process stops sweating, permanent tattoo ink, product remove scars, keloids reduction, wound cleaning products.

Chủ Nhật, 22 tháng 1, 2017

When Will Foreigner Need to Obtain Criminal Record?

In the process to grant the work permit for foreigner working in Vietnam, it is required the foreigner to have the criminal record in their dossier.
Foreigner applying for criminal record to obtain work permit in Vietnam is divided into 2 cases.
In the first case, foreigner who is in foreign country or in Vietnam less than 06 months has to apply for criminal record in foreign country. The laws of each country are not the same therefore the regulation on criminal record application is also different.

Also please note that the criminal record which is issued by another country, when using in Vietnam to apply for work permit, it must be translated, legalized and notarized in accordance with the law of Vietnam.
In the second case, foreigner temporarily residing continuously in Vietnam for 06 months or above can apply for criminal record in Vietnam. In Vietnam, the competent authority that granting the criminal record for foreigner is the Department of Justice of the province or city where foreigner is residing.
For example, Peter is an Australian and currently living in Hanoi, Peter must go to the Department of Justice in Hanoi to apply for criminal record. If Peter is temporary residing in Bac Ninh, he must go to the Department of Justice in Bac Ninh to apply for criminal record.
Source: ANT lawyers

Thứ Năm, 19 tháng 1, 2017

Which Form of Investment – Branch or Company?

Foreign entities can set-up company or branch offices in Vietnam to carry out business activities.
There are several main different aspects between opening a branch office or establishing a foreign owned company in Vietnam.
Conditions
  • Permits for establishment of Vietnam-based branches of foreign enterprise shall each have a valid term of five years.
  • Foreign enterprise must choose between establishing a 100% foreign capital enterprise or forming a joint-venture with domestic investor or company.
Certificate
  • The Branch office needs to apply and obtain the operation license of a Branch;
  • A foreign owned company will need to apply and obtain the investment certificate (“IC”) to operate in Vietnam.


Capital
  • Optional, foreign entity will decide how much money to invest in branch. The allocation capital for branch is capital for the subordinate units.
  • Mandatory, foreign entity will need to provide minimum capital as required by Vietnam Law in conditional investment area.
Obligation of owner
  • For branch office in Vietnam, owner takes full responsibility;
  • For company, owner takes responsibility within the capital contributed into the company in Vietnam;
Other matters
  • For branch office setting up in Vietnam, the procedure is less complicated compared to those for the establishment of a 100% foreign owned company;  the branch office is able to carry out trading and some other activities as stipulated by Vietnam laws and the WTO commitments which Vietnam enters.  The business lines of a branch have to be aligned with the business lines of the headquarter of the foreign entity.
  • Setting up foreign owned company would be more complicated than the setting up of the branch office, however this form of investment has more flexibility and freedom as it is a stand alone Vietnam entity recognized under Vietnam laws.

Source: ANT lawyers (http://www.antlawyers.vn/)

Thứ Tư, 18 tháng 1, 2017

Local steel producers fret about imported steel alloy

HCMC – Steel billet and some other steel imports from China have been in steep decline but construction steel disguised as steel alloy to enjoy low tariffs is still flowing into Vietnam, which industry insiders said would adversely affect domestic steel production.



Ho Nghia Dung, chairman of the Vietnam Steel Association (VSA), told the Daily on January 17 that the current volume of steel billet imported from China has decreased by 60%. Other types of steel have also fallen sharply compared to early last year due to the adoption of some trade defense measures.

However, an increasing volume of long steel and construction steel has been imported into the country in the form of steel alloy that can evade trade defense duties. “The association has been cooperating with firms to clarify the issue while still voicing its alarm to protect local production,” he said.

He added the steel industry reached an average growth rate of 12% last year, generating good profits for local firms.

Read more:

VSA estimated the total steel consumption this year would reach 17 million tons, including construction steel, cold rolled steel, welded steel pipes and galvanized sheets, a year-on-year increase of two million tons. In particular, the consumption of construction steel would be around 8.2 million tons, up by one million tons compared to last year.

Dung expected consumption in the domestic market would remain stable this year. In addition, steel prices would be higher than last year, as raw material prices on the world market have been on the rise. The growth rate of the sector is predicted at around 12-15% year-on-year.

Prices of steel billet on the world market rose by around US$25-45 per ton last December, resulting in a month-on-month increase of VND0.6-1 million each on the local market.

The steel industry produced 15 million tons of finished products, including cold rolled steel, cold-rolled coil (CRC) steel, steel pipes and galvanized sheets that met domestic demand and yielded relatively positive export results in 2015.

However, Vietnam still imported nine million tons of hot-rolled coil (HRC) steel as raw material for production of other steel products.

Source: The Saigon Times

Thứ Ba, 17 tháng 1, 2017

Draft law puts external loans under strict control

HCMC - Provinces and ministries would have to go through the Government to take out foreign loans, instead of directly accessing foreign lenders, to fund their socio-economic development projects, according to a draft law on control of public debt.



The draft law prepared by the Ministry of Finance states that local governments, ministries and agencies must submit their plans to use official development assistance (ODA) loans for their projects and programs to the Prime Minister for consideration and approval. The plans should clarify the need to use ODA loans, investment purpose and project scale, the efficiency and return on investment of the projects, and their repayment plan.
The draft law requires the Ministry of Planning and Investment, in collaboration with the Ministry of Finance and relevant agencies, to appraise the plans and report their viability to the Prime Minister for consideration.
The Ministry of Planning and Investment should work out a review report on the need of local governments and agencies to use ODA loans for their investment projects that have already got the PM’s nod and help look for finances for projects.
Local governments, ministries and agencies should carry out the feasibility studies for their projects and programs based on the ‘in principle’ approval of the PM for submission to competent agencies for approval. Then, the projects will be forwarded to authorities for approval in line with the prevailing regulations.
The Ministry of Finance will work with ministries and localities which have projects using ODA loans over borrowing terms before proceeding with borrowing agreements.

Read more:

Ministries, agencies and localities should prepare lists of projects and programs subject to allocation of State money for submission to competent authorities to approve the use of the Government’s source of development investment.
The Ministry of Finance will check and sign on-lending agreements or authorize agencies to strike such deals for the eligible projects and programs, according to the draft law. The ministry should report budget estimates for the loans sourced from the State budget to competent agencies for approval.
The draft law also puts an emphasis on the efficient use of the ODA loans. Ministries and local governments will have to earmark their budgets to timely settle payments for on-lending of ODA loans.
Ministries and local governments will be required to get the PM’s nod for their plans to seek and use concessional loans for investment.
External commercial loans should be taken out for lending-on for the projects and programs with a high return on investment. The investors will have to submit to the PM their reports on how to use the capital source for their projects.
Source: The Saigon Times

Thứ Hai, 16 tháng 1, 2017

What lawyers should not promise

In Vietnam, the law has continuously played an important role in the life and contribute to protect and maintain the stability and development of society. In the trend of integration of the world economy, the role of the law has once again been confirmed with a new level in order to contribute to promoting the integration of Vietnam into world economy and opens a new opportunity for those who are practicing law in general and lawyers in particular in Vietnam.

In general, lawyer profession in Vietnam has been a noble profession for the purpose of contributing to the protection of justice, while contributing to the socio-economic development. In reflection, lawyers themselves take professionalism as the basic foundation of the profession, and should always have the responsibility to self-improve skills and widen knowledge in various areas to meet the growing demands as Vietnam develops i.e. corporate, commercial, investment, construction, environment, securities laws…etc.
Sometimes, when providing legal services to clients in handling disputes claim against damages for breach of contractual obligations, the customer has requested a lawyer to promise and guarantee the results of the dispute.
The lawyer, whom represents the client to protect the legitimate rights and interests of the client, has to follow the law, and the ethics. Responding to the request of the client to promise and guarantee the result, the lawyer shall refuse because the outcome of such will depend on the facts and legal grounds of the disputed matters in Vietnam.
The lawyer shall collect comprehensive information from the client then analyze possibilities of outcome. Lawyers should not promise the results or the percentage of success which could potentially lead to the wrong decision made by the client. If the results are not as customer’s expectation, it will be a great loss to the prestige, and the image of lawyers. A good lawyer will have the skills to analyze problems, look at the details, and propose solutions but cannot guarantee the outcome of a case. Each case is different and there are too many unknown factors, and the unanswered questions.
In a litigation case, the lawyers will tell the customers what they are facing, what the lawyers could do, the best situation and what is worst. Good lawyers will know how to analyze and clarify the issue. Both the client and the lawyer should have a positive attitude to solve the problems in regard to the disputing matters.
The only thing ANT Lawyers could promise in a dispute case is that we will follow the laws of Vietnam.



Source: antlawyers.vn

Thứ Năm, 12 tháng 1, 2017

Visa and Immigration Matters in Vietnam

Foreigners  entering  Vietnam  for  different  purposes  will  need proper  visas  issued,  failing  which  would lead  to  the  revocation,  invalidation  of  entry/exit/residence  permits issued  by  Vietnamese  competent authorities.  The  length  of stay  in  Vietnam for foreigners  depend  on the  visa type and the time  duration specified  on  the  visa  itself.    For  some  visas,  especially  work  related  visas,  the  foreigners  need  to  be sponsored by Vietnam enterprises  for working purpose.  The proper works  visa must be obtained before work permit in Vietnam would be issued and the foreigners could apply for temporary residence card to stay in Vietnam for a longer period.

Below lists down all visa symbol for references.
  1. NG1 –  Issued  to  members  of  delegations  invited  by  the  Secretary  General  of  Vietnam’s  Communist Party of, the President of Vietnam, the President of the National Assembly, the Prime Minister.
  2. NG2 –  issued  to  members  of  delegations  invited  by  standing  members  of  the  Secretariat  of  the Vietnam’s Communist Party, Deputy President of Vietnam, Deputy President of the National Assembly, Deputy  Prime  Minister,  President  of  Vietnamese  Fatherland  Front,  Executive  Judge  of  The  Supreme Court, Chief Procurator of the Supreme Procuracy, State Auditor General; members of delegations at the same  levels  of  Ministers,  Secretary  Generals  of  Provincial Communist  Authorities,  President  of  the People’s Committees of provinces.
  3. NG3 –   Issued   to   members   of   diplomatic   missions,   consular   offices,   representative   offices   of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their spouses, children under 18 years of age, and housemaids during their term of office.
  4. NG4- Issued  to  people  who  come  to  work  with  diplomatic missions,  consular  offices,  representative offices  of  international  organizations  affiliated  to  the  UN,  representative  offices  of  intergovernmental organizations,  visitors  of  members  of  diplomatic  missions,  consular  offices,  representative  offices  of international   organizations   affiliated   to   the   UN,   and   representative   offices   of   intergovernmental organizations.
  5. LV1 –  Issued  to  people  who  come  to  work  with  units  affiliated  to  Vietnam’s  Communist  Party;  the National  Assembly,  the  government,  Central  Committee  of  Vietnamese  Fatherland  Front,  the  People’s Supreme  Court,  the  People’s  Supreme  Procuracy,  State  Audit  Agency,  Ministries,  ministerial  agencies, Governmental agencies, the People’s Councils, the People’s Committees of provinces.
  6. LV2 –  Issued  to  people  who  come  to  work  with  socio-political  organizations,  social  organizations, Vietnam Chamber of Commerce and Industry.
  7. ĐT – Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam.
  8. DN – Issued to people who come to work with companies in Vietnam.
  9. NN1 –  Issued  to  Managers  of  representative  offices  or  projects  of  international  organizations  and foreign non-governmental organizations in Vietnam.
  10. NN2 – Issued to heads of representative offices, branches of foreign traders, representative offices  of other foreign economic, cultural, professional organizations in Vietnam.
  11. NN3 –   Issued   to   people   who   come   to   work   with   foreign   non-governmental   organizations, representative  offices,  branches  of  foreign  traders,  representative  offices  of  other  foreign  economic, cultural, professional organizations in Vietnam.
  12. DH – Issued to people who come to study or serve internship.
  13. HN – Issued to people who come to attend conventions or conferences.
  14. PV1 – Issued to journalists who have permanent residences in Vietnam.
  15. PV2 – Issued to journalists who come to work for a short period of time in Vietnam.
  16. LĐ – Issued to people who come to work.
  17. DL – Issued to tourists.
  18. TT –  Issued  to  foreigners  that  are  parents,  spouse,  children under  18  years  of  age  of  the  foreigners issued  with  LV1,  LV2, ĐT,  NN1,  NN2,  UNIVERSITY,  PV1,  LĐ  visas,  or  foreigners  that  are  parents, spouse, children of Vietnamese citizens.
  19. VR – Issued to people who come to visit their relatives or for have other purposes.
  20. SQ – Issued to people at an overseas visa-issuing authority of Vietnam
It is  important that the immigration lawyers  in Vietnam to be retained for advice in regard to visa, work permit, temporary residence card or other immigration matters.
Source: http://www.antlawyers.vn/update/visa-and-immigration-matters-in-vietnam.html 

Thứ Ba, 10 tháng 1, 2017

Major realty firms to be inspected

HANOI - The Ministry of Construction is going to inspect a dozen real estate companies, including major ones, a source told the Daily.

Through the periodical checks, inspectors of the ministry will clarify some issues concerning the operations of realty firms, such as their observance of law and policies on planning, quality management and real estate business in 2011-2016.



Reportedly, among the 12 property firms to be examined are those of significant scale such as Vingroup, Sun Group, FLC, Hoa Binh Group, Novaland, Muong Thanh Group, Tan Hoang Minh Group, Bitexco Group, Empire Group, Dai Quang Minh, Phu My Hung Corporation and Nam Thang Long (Cipurtra). Each of these enterprises will undergo a month-long inspection.
In particular, the ministry will look into projects of Muong Thanh Group in Hanoi and Khanh Hoa Province, Bitexco’s projects in HCMC, Cocobay Danang project of Empire, and Dai Quang Minh’s construction of four main roads in Thu Thiem New Urban Area in HCMC.

Such inspection is a regular activity of the Ministry of Construction. Nevertheless, this inspection plan has stoked public curiosity and attention since some real estate projects have recently stirred up public concerns. Particularly, Muong Thanh Group has just been examined, with a number of irregularities detected such as violating height limits.

Speaking at a review conference for 2016 last Friday, Deputy Minister of Construction Le Quang Hung said the Government had assigned his agency to review urban planning. The ministry has already ordered inspections into controversial projects in Hanoi this week.
Source The Saigon Times

Thứ Hai, 9 tháng 1, 2017

Foreign firms expand presence in retail market

HANOI – Foreign companies are establishing a stronger presence on the fast growing Vietnamese retail market, according to a report which the Ministry of Industry and Trade released last Friday.

Foreign direct investment enterprises now hold a 17% retail market share in the segment of shopping centers and supermarkets, 70% in convenience stores, 15% in minimarts, and around 50% in online, TV and phone shopping, said the report.

These percentages are not too high but the rising presence of foreign investors in the retail market can be seen in major cities. For instance, Thailand’s Central Group has taken over the entire stake of France’s Casino Group in Big C Vietnam, and another Thai conglomerate, TCC Holding, has acquired Metro Cash and Carry Vietnam.



Other foreign business groups such as South Korea’s Lotte and Japan’s Aeon have been steadily expanding, with plans to double or triple their stores in Vietnam in the coming years.

The swift expansion of foreign firms has piled pressure on local retailers. Domestic goods suppliers have also felt the pinch as foreign retailers are developing their own goods brands for sale at their stores.

According to the Ministry of Industry and Trade, total retail sales of goods and services last year rose 10.2% year-on-year to VND3,530 trillion (US$156.7 billion).

Business-to-customer (B2C) transactions were estimated to double from the US$2.2 billion recorded in 2013.
Source The Saigon Times

Chủ Nhật, 8 tháng 1, 2017

Workshop discusses renewable energy development

HCMC – Experiences from developed countries have shown that renewable energy cannot be developed without a competitive electricity market in place, heard a workshop in Hanoi on Monday.



Experts attended a workshop to make policy recommendations for boosting the development of renewable energy in a competitive power market, the Vietnam News Agency reports.
Building a competitive power market is an important element of institutional reform, Nguyen Dinh Cung, head of the Central Institute for Economic Management (CIEM), told the event held by CIEM.
Pham Duc Trung, deputy head of CIEM’s Committee for Enterprise Reform and Development, said producers of renewable energy should be entitled to preferential treatment in terms of tax, land use fee and access to credit.
The domestic power market has not been made competitive while there are no independent agencies monitoring and regulating the market, making it unattractive to investors, he said.
To spur competitiveness, Trung stressed the need to reform State utility Vietnam Electricity Group (EVN) and guarantee a level playing field for electricity producers and distributors.
He suggested making the Electricity Regulatory Authority of Vietnam more independent, strengthening the capacity of the Vietnam Competition Authority at the Ministry of Industry and Trade, and applying a competitive pricing mechanism.
Nguyen Van Vy, vice chairman of the Vietnam Energy Association (VEA), said the Government should adopt incentive investment policy for projects generating and using renewable energy, and give financial assistance to renewable energy research projects.
Source:The Saigon Times Daily

Thứ Năm, 5 tháng 1, 2017

Contract Dispute in Vietnam

Disputes in contract performance and solutions
Disputes occur during contract performance are beyond the control of the entity entering contractual relations. In developed countries, lawyers always invited to advise customers to identify potential disputes, and provide solutions, support and provide legal advice and to accompany the enterprises solve disputes in accordance with the provisions of the law, which help businesses to focus on its business activities. Foreign companies when entering Vietnam mostly follow suit to engage dispute or litigation lawyers in Vietnam at early stage of the transactions.

Contract Dispute
Contractual disputes in Vietnam shall be construed as conflicts, disagreements, conflicts between the parties regarding the implementation or non-implementation of rights and obligations in the contract.Disputes could arise in failure to collect the payment from debtor in sales agreement, construction contract disputes between investor and contractor, labour dispute between employer and employee, insurance disputes between ship owner and insurance company.
Contract disputes must satisfy the following factors:
First, there is a contract between the parties. The contract would be in different for ms therefore, there is a need to clearly define if the contractual relationship has been formed or not.
Second, there is a breach of obligations or duties that are in violation of a party in the contractual relationship.
Third, there is disagreement between the parties about the handling of infringement or the consequences of such violations.
It should be noted, the contract disputes arise from the breach. However, not all breaches of contract also lead to disputes.
How to settle the contract disputes in Vietnam
Contractual disputes can be resolved by the following methods:
  • Negotiation is the process or behavior in which the two sides conduct exchanges, agreement on common interests and characteristics of disagreement and come to a unified agreement. The negotiation is without the presence of third parties. However, if the lawyers in Vietnam would be involved during the negotiation process, at the role of representing or advising, counseling, then the negotiations tend to be more effective and parties would reach agreement.
  • Mediation is one of the options for disputing parties to end the conflict. Mediation is different from negotiating with the intervention of a third party. Mediator will help parties to achieve agreement and resolve conflict.
  • Court or arbitration: The settlement of the dispute in court would take time. The court’s ruling can be appealed. It should be noted that, per Vietnam laws, only Vietnam litigation or dispute law firms could represent the client at court. Commercial arbitration is available only in commercial-business sector. The advantage of this method is fast and efficient. However, compare with disputing at court, this method of handling dispute would take higher costs.
Disputes and dispute resolution matters are natural and inevitablein any countries including Vietnam. It is important that parties involved need to identify, anticipate disputes can occur. When there is a dispute, the dispute lawyers will be able to help parties to with advice to reasonable solution to address the disputes effectively.

Thứ Tư, 4 tháng 1, 2017

Thailand issued the final determination in the antidumping investigation against imports of Certain stainless pipe and tube from certain countries including Vietnam


On 26 September 2016, Vietnam Competition Authority received the information from Vietnam Trade Office in Thailand that the Department of Foreign Trade (DFT) under Ministry of Commerce of Thailand published the final determination of the antidumping investigation against imports of Certain stainless pipe and tube from Korea, China, Taiwan and Vietnam

-  Date of initiation: 17 September 2015
- Subject product: stainless pipe and tube under HS: 7305.31.10.000; 7306.11.10.000; 7306.11.90.000; 7306.21.00.000; 7306.40.10.010; 7306.40.10.020; 7306.40.20.010; 7306.40.20.020; 7306.40.30.010; 7306.40.30.020; 7306.40.90.010; 7306.40.90.020; 7306.61.00.021 and 7306.61.00.022

In the final determination, the antidumping margin applicable to exporters of Vietnam is 310.74%.
Earlier, on 7 July 2016, DFT issued notice of essential facts and announced about holding a public hearing for the case.
Source Vietnam Competition Authority
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ANT Lawyers is a reputable law firm in Vietnam with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

Thứ Ba, 3 tháng 1, 2017

Australia Antidumping Commission (Department of Industry, Innovation and Science) initiation of an Investigation into Alleged Dumping and subsidisation on Zinc Coated (Galvanised) Steel Exported from the Republic of India, Malaysia and Vietnam

On October 7, according to the information received by Vietnam Competition Authority from Vietnam Trade Office in Sydney, Australia Anti-dumping Commission (Department of Industry, Innovation and Science) initiation of an Investigation into Alleged Dumping and subsidisation on Zinc Coated (Galvanised) Steel Exported from the Republic of India, Malaysia and Vietnam (Malaysia is subject to the anti-dumping investigation only).


Earlier, on 22 August 2016, an application was lodged by BlueScope Steel Ltd, a manufacturer of zinc coated (galvanised) steel (the goods) in Australia. The application seeks the publication of a dumping duty and a countervailing duty notice in respect of the goods exported to Australia from India, Malaysia and Vietnam.
Background:
1. Petitioner: BlueScope Steel Ltd.
2. Subject product:
- Zinc coated/ galvanized steel
- HS: 7210.49.00, 7212.30.00, 7225.92.00 and 7226.99.00.
3. Period of investigation of dumping and subsidisation: 01/7/2015 – 30/06/2016
4. Period of investigation of injury: từ 01/7/2012
5. Alleged dumping margin: 27,2%
6. Estimated subsidy margin: Above negligible level
7. Investigated subsidy programs: preferential import tariff rates, support for projects manufacturing priority industrial products; incentives contingent upon export performance; incentives for domestic businesses; incentives for foreign invested enterprises; export promotion; trade promotion; preferential credit; assistance for commercial development in mountainous, island and ethnic minority areas;assistance to enterprises facing difficulties due to objective reasons; incentives for investment projects in science and technology; incentives on corporate income tax; incentives on non-agricultural land.
8. Injury: The application alleges that the goods have been exported to Australia at prices less than their normal value and were in receipt of countervailable subsidies and that the dumping and subsidisation has caused material injury to the Australian industry through: price suppression, reduced sales revenue, reduced profit and profitability, reduced employment,  reduced return on investment
This is the 7th dual anti-dumping and anti-subsidy cases against exports of Vietnam in recent years since 2009, and the 2nd dual anti-dumping and anti-subsidy investigations by Australia against exports of Vietnam
Source Vietnam Competition Authority