Law Firm History

From Vision to Global Connection: The Inspiring Journey of ANT Lawyers

In the dynamic landscape of Vietnam’s legal sector, there exists a remarkable tale of vision, innovation, and relentless commitment to international collaboration. ANT Lawyers, an internationally recognized law firm in Vietnam, stands as a testament to the unwavering dedication of its founder, Mr. Tuan Nguyen. This intriguing history takes us on a journey from its humble beginnings to its current position of 3 offices in Ho Chi Minh City, Hanoi and Da Nang with 15 English speaking staff, catering to the needs of foreign investors seeking to explore the vast opportunities within this vibrant Southeast Asian nation. The firm takes the logo with ANT resembles an insect, which is considered small in size but has amazing strength that also represent willpower, diligence, patience, tenacity, endurance, fidelity, cooperation, truthfulness, and power. In the firm, there are qualified lawyers that deal with legal matters, and seasoned consultants what assist on Government affairs matters.

In the year 2012, armed with little more than a vision and a small team comprising one legal assistant and one administrative staff member, Mr. Tuan Nguyen embarked on a transformative journey to create a legal firm that would not only assist foreign investors but would also redefine the way legal services were provided in Vietnam. His ambitious goal was to streamline operations, increase efficiency, and ultimately reduce costs to better serve the firm’s international clients.

But Mr. Tuan Nguyen’s journey to founding ANT Lawyers did not begin in a vacuum. It was shaped by a wealth of experiences gained over a decade of working in various capacities, including a significant period with Maersk Inc., a global shipping giant. From 2003 to 2005, he honed his skills while working in the United States, gaining invaluable insights into international business practices.

Equipped with this rich background, Mr. Tuan Nguyen embarked on a global educational odyssey. In 2000, he delved into Maersk International Shipping Education in Copenhagen, Denmark every six months over two years period to learn and at the same time work at Hanoi and HCMC offices. His quest for knowledge didn’t stop there, he embarked on a Distance Learning MBA from Warwick Business School in the United Kingdom in 2008, and participating in an exchange program on Sydney, Australia campus for 3 months with AGSM in 2010.

This globe-trotting pursuit of education allowed him to not only accumulate knowledge but also to build a vast network of international connections—an asset that would prove crucial to ANT Lawyers’ future.

From its inception in 2012, ANT Lawyers took a non-conventional approach to build direct connections with international businesspersons, consulting and advisory firms, law firms. This approach allowed them to facilitate and support foreign investors and their clients in navigating Vietnam’s changing legal landscape, complex decision making process but thriving business opportunities.

Today, the firm has expanded its team to 15 members, all driven by the same vision and dedication to providing world-class legal services in Vietnam. The story of ANT Lawyers is one of resilience, innovation, and a relentless commitment to excellence. As delving deeper into this captivating history, you will uncover the pivotal moments and innovative strategies that have made ANT Lawyers an invaluable partner for those seeking to do business in the ever-evolving Vietnamese market.

As the driving force behind ANT Lawyers, with business sense, legal understanding, inter-cultural awareness, international mindset, he continues to lead the firm on a path of innovation, international collaboration, and unparalleled legal services.

Readmore: https://lawyersindanangvietnam.blogspot.com/2023/11/law-firm-history.html

Anti-dumping Duty Petitions on Aluminum Extrusions from Vietnam to the United States

New anti-dumping and countervailing duty petitions on US aluminum extrusions from Vietnam and 14 other countries.

Overview of anti-dumping on aluminum extrusions from Vietnam

On October 4, 2023, a coalition of US Aluminum Extruders Coalition and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union filed a request for an Anti-Dumping (“AD”) investigation on aluminum extrusion products from Vietnam and 14 other countries including: Colombia, Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, China, South Korea, Taiwan, Thailand, Turkey, UAE; and Anti-subsidy investigation (“CVD”) with the same products from 4 countries: Indonesia, Mexico, China and Turkey.

According to the US AD law, Anti-Dumping tax is a special tax, applied to dumped goods to prevent imported goods being sold in the United States at a price lower than the “normal value”. ”; Anti-subsidy duties are imposed against imports sold in the US that receive import subsidies from foreign governments.

To impose AD/CVD duties, in addition to determining that dumping and/or subsidies are occurring, the U.S. government must also determine that there is “substantial injury” (or threat of material injury) resulting from imported goods are dumped and/or subsidized to the domestic industry. Importers are responsible for any potential AD/CVD taxes that apply. In addition, these investigations may impact consumers by increasing prices and/or reducing the supply of aluminum extrusions from the 15 countries mentioned above, including Vietnam.

1. Scope of goods proposed for investigation of anti-dumping on aluminum extrusions from Vietnam

The goods under investigation are aluminum extrusions, regardless of form, finishing or fabrication, assembled with other components or unassembled, coated, painted, anodized or heat-treated. Extruded aluminum has shapes produced by an extrusion process, made from aluminum alloys whose metallic compositions correspond to the alloy series designations published by the Aluminum Association beginning with the numbers 1, 3 and 6 (or their proprietary equivalent or other certification body’s equivalent).

According to the Plaintiff, the imports described within the scope of the investigation are currently mainly goods with HS codes (according to the Harmonized Tariff Schedule of the United States) 04.10.1000; 7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090; 7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090; 7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090; 7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010; 7610.10.0020; 7610.10.0030; 7610.90.0040; 7610.90.0080.

2. Estimated tax for anti-dumping on aluminum extrusions from Vietnam

Typically, dumping margins are determined during an investigation by the U.S. Department of Commerce (DOC), based on responses from manufacturers whose goods are identified as mandatory subjects. must submit responses to DOC’s investigation questionnaire. If the manufacturer requested to respond does not respond to the questionnaire, a dumping margin will be assigned based on “existing adverse events,” which is a punitive margin, based on on the basis of the anti-dumping margin in the petition of the Complaining Party.

The dumping margin alleged in the Petitioner’s petition varies between countries, specifically as follows:

Country Alleged dumping margin

Indonesia 112.21%

Italy37.52%

Malaysia54.87%

Mexico111.38%

China256.58%

Korea66.43%

Taiwan90.90% to 100.22%

Thailand84.71%

Turkey33.79%

UAE39.80%

Vietnam53.75%

Because DOC considers China and Vietnam to be “non-market economies” (“NMEs”), DOC began its investigation with the assumption that all exporters were members of a “pan-China entity” China” or “all-Vietnam entity” run by the government, therefore will be subject to “all-China” or “all-Vietnam” anti-dumping tax bands.

This margin is often based on “pre-existing adverse events,” making it so high that it can be considered punitive. Companies that demonstrate complete independence from the Chinese or Vietnamese Government can receive their own dumping rates based on their actual data.

In addition, the Plaintiff also alleges significant subsidies from China, Indonesia, Mexico and Turkey for goods exported from their countries, but the petition does not quantify the specific level of subsidies.

3. Process of anti-dumping on aluminum extrusions from Vietnam

The Anti-Dumping and Anti-subsidy investigation process consists of two phases: The opening phase and the final phase. DOC and the US International Trade Commission (ITC) will determine whether aluminum extrusions imported from countries under investigation are dumped into the United States and establish anti-dumping duties to be applied.

Simultaneously the investigation will also reveal whether the Governments of China, Indonesia, Mexico, and Turkey have subsidized Aluminum Extrusions exported to the US.

Anti-dumping investigation period: October 1, 2022 to September 30, 2023, especially for Vietnam and China, from April 1, 2023 to September 30, 2023.

The anti-subsidy investigation period is 2022 and previous years.

4. The proposed investigation schedule of the US Department of Commerce and the US International Trade Commission is as follows

The table below provides the main (approximate) deadlines for DOC and ITC procedures for investigation of anti-dumping on aluminum extrusions from Vietnam.

ITC releases questionnaires on foreign manufacturers, US importers, and US manufacturers October 6 or 9, 2023

Questionnaires from foreign manufacturers, US importers, and US manufacturers are due October 18, 2023

Initialize DOC October 24, 2023

ITC preliminary conference October 25, 2023

ITC post-conference summary October 30, 2023

Preliminary determination of ITC November 20, 2023

DOC releases CVD questionnaire November 23, 2023

DOC releases the ADD questionnaire November 28, 2023

DOC ADD returns due questionnaire December 19, 2023

DOC CVD responds to the due questionnaire December 23, 2023

Additional responses to the ADD and CVD questionnaires Winter/spring 2024

Determine the preliminary CVD of DOC March 2, 2024

Verification Spring/Summer 2024

DOC’s preliminary ADD decision May 1, 2024

Determine the final ADD and CVD of the DOC September 13, 2024

Final decision of the ITC October 28, 2024

Make decision November 4, 2024

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Readmore: https://lawyersindanangvietnam.blogspot.com/2023/11/anti-dumping-duty-petitions-on-aluminum.html

The Legal Backbone: How Lawyers in Vietnam Boost Business Confidence

In the intricate landscape of international business, confidence is key. When it comes to doing business in Vietnam, a rapidly growing economy with immense potential, that confidence is solidified by having lawyers in Vietnam as your strategic partners. These legal professionals play a pivotal role in navigating the complexities of Vietnam’s legal system, ensuring compliance, mitigating risks, and ultimately boosting your business confidence to new heights.

How Lawyers in Vietnam Boost Confidence?

The Power of Legal Expertise

Vietnam’s business environment is teeming with opportunities, but it’s also layered with regulations, legal nuances, and cultural intricacies that can be perplexing for newcomers. This is where lawyers in Vietnam come into play. Their expertise not only provides legal insight but also acts as the backbone upon which your business can confidently grow.

Navigating Regulatory Maze

The regulatory landscape in Vietnam can be intricate, with laws that vary across industries and regions. Whether you’re establishing a new venture, expanding an existing one, or managing day-to-day operations, having lawyers who understand the legal intricacies can help you traverse the regulatory maze. They ensure your business operations are compliant, reducing the risk of legal complications that could undermine your growth.

Guiding Market Entry

Entering a new market requires a strategic approach. Lawyers in Vietnam can help you determine the optimal market entry strategy based on legal and regulatory considerations. From selecting the appropriate business structure to obtaining necessary licenses, permits, and approvals, these legal professionals serve as your guides in making informed decisions.

Contractual Clarity

Contracts are the bedrock of business transactions. Lawyers in Vietnam ensure that your contracts are drafted, negotiated, and executed meticulously. They safeguard your interests, outline rights and obligations clearly, and establish dispute resolution mechanisms. This level of contractual clarity fosters trust among business partners and clients, further boosting your confidence in negotiations.

Mitigating Risks

Risk is inherent in business, but proactive risk management is the hallmark of successful enterprises. Lawyers in Vietnam can identify potential legal pitfalls and design risk mitigation strategies that protect your business from unexpected challenges. By proactively addressing legal risks, you’re better prepared to navigate uncertainties that may arise.

Intellectual Property Protection

In a globalized world, intellectual property (IP) is a valuable asset. Lawyers in Vietnam with IP agent license can guide you through the process of registering and protecting your IP rights. From trademarks and patents to copyrights and trade secrets, they ensure that your intellectual property remains secure, bolstering your business’s competitive edge.

Crisis Management

In the face of unforeseen crises, having lawyers in Vietnam on your side can be invaluable. Whether it’s a contractual dispute, regulatory violation, or other legal challenges, they can provide swift and effective solutions to mitigate damages and uphold your reputation.

Cultivating Confidence Through Collaboration

The relationship between your business and lawyers in Vietnam is not just transactional; it’s a collaboration that fosters confidence. Here’s how this collaboration cultivates an environment of assurance:

Tailored Legal Strategies

Lawyers in Vietnam don’t offer one-size-fits-all solutions. They understand that each business is unique and requires customized legal strategies. By tailoring their advice and solutions to your specific needs, they empower you to make well-informed decisions.

Local Expertise

Navigating a foreign legal landscape requires local expertise. Lawyers in Vietnam possess an in-depth understanding of the local laws, regulations, and cultural nuances. This expertise ensures that your business operations align with the legal framework while respecting local customs.

Effective Communication

Legal jargon can be overwhelming, but lawyers in Vietnam excel at translating complex legal concepts into understandable terms. This transparent communication fosters a strong partnership, allowing you to comprehend the legal implications of your decisions.

Strategic Guidance

Beyond resolving legal matters, lawyers in Vietnam can provide strategic guidance that aligns with your business goals. Their insights go beyond legal implications, encompassing potential opportunities and challenges that impact your growth trajectory.

Risk-Aware Decision Making

A major advantage of collaborating with lawyers in Vietnam is their ability to facilitate risk-aware decision-making. They present you with a comprehensive view of potential legal risks, enabling you to assess the pros and cons before making critical choices.

The Ultimate Confidence Booster

In a rapidly evolving business landscape, confidence is the ultimate asset. It shapes how you approach negotiations, make investments, and navigate uncertainties. Lawyers in Vietnam act as the ultimate confidence booster by providing you with the legal foundation upon which you can build and thrive.

From startups looking to establish their presence to multinational corporations expanding their reach, the support of lawyers in Vietnam is indispensable. They bring legal acumen, cultural understanding, and strategic insights to the table, enabling you to navigate challenges with poise and seize opportunities with conviction.

The role of lawyers in Vietnam goes beyond legal representation; they are your partners in cultivating business confidence. By leveraging their expertise, you not only ensure legal compliance but also gain a deep sense of assurance that empowers you to make bold decisions.

In the vibrant tapestry of Vietnam’s business landscape, lawyers play a significant role in weaving the legal threads that strengthen your business’s foundation. They stand as guardians of legality, advocates of strategy, and partners in your pursuit of success. With lawyers in Vietnam by your side, you’re equipped to face challenges, capitalize on opportunities, and navigate the intricate journey of business expansion with unwavering confidence.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Readmore: https://lawyersindanangvietnam.blogspot.com/2023/08/the-legal-backbone-how-lawyers-in.html

The Note of New Provisions of Law on Planning Decree No.37/2019/ND-CP | ANT Lawyers

The Law on Planning 2017 has been effective from January 01st, 2019. On May 07th, 2019, the Decree no. 37/2019/ND-CP details some articles of Law on planning is effective. This Decree details some articles of Law on Planning including the Article 15,17,19,24,25,26,27,30,40,41 and 49 of Law on Planning.

This Decree applies to organizations and individuals involved in the formulation, appraisal, decision or approval, announcement, implementation, assessment and adjustment of the planning under the national planning system and other relevant organizations and individuals.

Therefore, the time duration for formulation of the national comprehensive planning, national marine spatial planning and national land use planning is not over 30 months, since the day approving the planning task. In the case the national planning system and province planning system, the time duration is 24 months.

This Decree details the contents of planning need to be published on the mass media: A summary of the planning contents must be published at least 01 time on the first page of a printed newspaper or on the homepage of the online newspaper for at least 30 days; The planning contents must be announced on news programs and television channels of national radio and television stations or provincial television stations.

The announcement of planning contents is also carried out through the following forms: model display, planning maps; conferences and workshops to disseminate planning contents and plan implementation plans; publications such as books, atlas, introductory videos…

The Decree specifies the professional capacity of this planning consultancy organization not belonging to state agencies. Pursuant to the Law on Planning 2017, the power to organize planning formulation includes: The Government shall organize formulation of the national comprehensive planning, national marine spatial planning and national land use planning; The Prime Minister shall organize formulation of regional planning; Ministry and ministerial authorities shall organize formulation of national sector planning; The People’s Committees of provinces shall organize formulation of provincial planning. However, the planning organization, the Ministries and Ministerial authorities and local governments shall select a planning consultancy in accordance with regulations of the Law on Bidding. The planning consultancy shall have a legal status and satisfy qualification requirements applied to its assigned tasks in accordance with regulations of the Government is regulated at Article 4 Decree 37/2019/ND-CP includes the conditions as follow:

Planning consultancy organizations must have at least 01 consultant, who is the planning project manager and must have a university degree or higher in the discipline related to the planning to be established to meet the prescribed conditions and at least 05 consultants presided over the planning component or planning contents for the national sector planning and provincial planning to meet the prescribed conditions. Consultancy organizations that formulate planning components or planning contents for national and provincial planning must have at least one consultant meeting the prescribed conditions.

The Consultants who are managers of planning projects must have a university degree or higher in the discipline related to the planning, and have established at least 01 planning of the same planning level that needs to be elaborated or directly participated in set up at least 02 plans of the same planning level.

In case the national master plan is first established in Vietnam, the consultant who is the planning project manager must have a university degree or higher in the discipline related to the planning needed to be established and the owner has established at least 02 regional plans or planning for the inter-provincial river basin.

Consultants who lead the formulation of planning components or planning contents for national and provincial planning sectors must have a university degree or higher in a discipline related to the planning component or planning contents. It is necessary to set up and directly participate in setting up at least 01 planning of the same planning level.

If the national master plan is first established in Vietnam, the consultant who presides over the planning component or the planning content for the national sector planning must have a university degree or higher in the specialized field. relating to the planning component or the planning content to be prepared and presided over at least 01 planning or directly involved in setting up at least 02 regional or planning for the scope of the inter-river basin the provincial.

Organizations that meet the above requirements may conduct planning consultancy for competent state agencies for planning. In Chapter II of Decree 37/2019/ND-CP stipulating the issue of planning, in this chapter, the responsibilities of planning agencies, for each planning, will specify the responsibilities Specific agencies such as: Responsibilities of agencies that formulate national master plans, national maritime space planning, regional planning; Responsibilities of agencies organizing the formulation of planning components and agencies making planning components… prescribe the time limits, tasks and contents of planning, but the planning contents must comply with orientations and points and development objectives of socio-economic space, regional space, social and technical infrastructure… according to regulations, create uniform consistency and ensure sustainable development objectives.

The Decree details about the information system and the national database about planning at Chapter V of this Decree, includes the contents about information and database as follow:

The information, database of the information system and national database about planning and information, the database is digitized, linked, integrated with each other, linked to the national geographic database and appraised in accordance with the law.

The scale of implementing the construction of national geographic database is determined by district administrative units; use VN-2000 reference frame and coordinate system for all types of information, map database.

Information and database collected to build a national planning information and database system include:

Database of national planning documents, regional planning, provincial planning, specialized technical planning, special administrative – economic unit planning, urban planning and planning rural areas have been approved and stored according to Article 44 of the Law on Planning;

Specialized database managed by Ministries, Ministerial authorities, People’s Committees of provinces and cities under the central government, including national statistical database and national statistical indicators system, provincial, district and commune levels; database on water resources; database on geology and minerals; environmental database; database on meteorology and hydrology; database of marine and island environmental resources; database on climate change; land statistics and inventory database; database of land use planning and plans; information and databases related to basic land surveys; database on technical infrastructure systems; database on social infrastructure systems; database on construction; database on urban systems and rural population points; database on housing and real estate market; database on national defense and security; relevant measurement and mapping databases;

National geographic database is standardized and updated regularly;

Information and databases on other planning.

The Decree stipulating the planning contents must be announced on the mass media: notices on national radio and television news programs for national planning and regional planning or provincial radio and television stations for provincial plans on summarizing the contents of decisions or approving planning and lists of projects prioritized for investment in the planning period.

Planning law and construction law have a close relationship. An important principle of planning activities is to ensure stability, avoid disturbance to business and production activities of enterprises and people’s lives. Decree 37 is expected to help clarifying issues, reducing overlapping in relevant legal provisions.

ANT Lawyers attorneys, a law firm with offices in Hanoi, Ho Chi Minh City and Da Nang regularly monitor legal changes to update customers regularly.