Trade and Customs in Vietnam

Navigating the modern environment of international business requires companies that engage in the exchange of goods and services across international borders to be ever vigilant in addressing customs and import controls laws, including those related to border and supply chain security. ANT Lawyers trade and customs practice works to ensure and optimize our clients’ cost- and time-efficient shipment of goods and services across borders, within the confines of the law.

 

Customs Lawyers in Vietnam

We represent clients who engage in such diverse fields as:

-Customs brokerage, express delivery, freight forwarding, logistics and sea and rail transportation

-Apparel, beverages, consumer electronics, cosmetics, food products, footwear, home furnishings, luxury goods and paper products.

Businesses often overlook the fundamental importance of accurate tariff classification and appraisement as sources of potential duty savings and necessary compliance for imported products. These are the “nuts and bolts” of any sophisticated customs and import controls practice, and our Customs lawyers in Vietnam are well versed in this complex body of law to maximize duty savings and minimize customs penalties.

ANT Lawyers, a law firm in Vietnam with customs lawyers in Vietnam always follow up customs cases and its development to update clients on regular basis.

 

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Ordinary customs tariff in force from January 1, 2018

The Prime Minister has adopted the Decision No. 45/2017/QD-TTg amending and supplementing the Decision No. 36/2016/QD-TTg that prescribes application of ordinary customs duty rates with the following noticeable provisions:

From January 1, 2018 the ordinary import tariff given in the Annex to the Decision No. 45/2017/QD-TTg in place of the Annex given in the Decision No. 36/2016/QD-TTg dated September 1, 2016 will be applied.

The HS schedule of goods which are taxed at the rates subject to the new ordinary customs tariff is established on the basis of the Decree No. 125/2017/ND-CP amending and supplementing the Decree No. 122/2016/ND-CP.


Where imported goods are not specified in this new Tariff Schedule and do not qualify for incentive duty rates or other special treatments referred to in a, b of paragraph 3 Article 5 of the Law on Import and Export Duties, they will be subject to the ordinary duty rate which equals as much as 150% of the incentive customs duty rate stated in the Appendix II of the Decree No. 125/2017/ND-CP .

The Decision No. 45/2017/QD-TTg will enter into force from January 1, 2018.

Source Thuvienphapluat .vn

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How ANT Lawyers Could Help Your Business?

Please click here to learn more about Customs Law firm in Vietnam or contact our lawyers for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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Customs Procedures Handling of Exported and Imported Goods Infringing Intellectual Property Rights.

Customs dispute law firm in Vietnam

On conducting customs procedures for exported or imported goods, the customs authority shall be responsible to inspect and compare the declared information of the goods owners on the written customs declarations on goods’ names, trademarks, origin, value,…; Inspect and compare the concluded contents of the State management agencies on the exported or imported goods; Results of customs dossiers inspection with the results of goods actual inspection; To compare the said inspection results with the laws and regulations on counterfeit goods.

In case the goods are found with intellectual property rights infringement signs, leaders of the Department of Customs where the infringing goods are located shall consider and decide to apply measures to prevent administrative violations and ensure the administrative violations punishment according to Current regulations for the cases:

Imported goods do not comply with goods labeling in accordance with regulations of laws; state inspection conclusion on goods quality or goods quality inspection results determine that the inspected goods do not fulfill requirements on importation and exportation quality; the goods listed in the list of state management agencies that fail to meet quality standards or are not allowed to circulate on the market; The contents stated on the goods labels are incompliant with other enclosed documents and so on.

Regarding the infringing goods and being temporarily suspended, during the time the goods are being temporarily suspended or subjected to prevention measures as prescribed by laws, the Departments Customs shall be responsible to take the following verification measures: Requesting the goods owner, owners of genuine goods which are counterfeited to provide documentation relating to the goods; cooperating with the goods owners and owners of genuine goods being counterfeited to collect samples and unify the appraisement traders to conduct appraisement; coordinating with the anti-smuggling control forces in verification and investigation according to prescribed profession.

Actions against counterfeit goods or goods with signs of counterfeit

In case the imported, exported goods are detected to be counterfeit, preventive and penalty measures in accordance with legislation on penalties for administrative violations shall be applied;

If exported and imported goods are detected with signs of counterfeit, the Director of the Department of Customs shall request the customs declarant to provide documents related to the goods:

A sale contract of goods or vouchers with equivalent value;

A technical document or a written component analysis (if any).

If the owner of the genuine goods which are counterfeited is determined, the owner of genuine goods which are counterfeited shall provide documents related to goods (such as catalogs, appraisement conclusions, and documents from abroad, results of handling of similar cases). If the owner of the genuine goods could not be determined, customs dossiers, genuine goods, analysis results of the risk information of goods and the law on counterfeit goods shall be utilized for identification; customs control forces shall be cooperated to investigate, verify (if necessary) or transfer information, case files to customs control forces to investigate, verify and handle in accordance with regulations of laws.

How ANT Lawyers Could Help Your Business?

Please click to learn more about Customs dispute law firm in Vietnam or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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