How to register a patent in Vietnam?

Law on Intellectual Property of Vietnam had come into effect from 2005 to keep up with the considerable development of the world. One of the most important subject of Intellectual property is patent which contribute a huge part for the mankind development. According to Vietnamese law, to be granted patent title, a patent must fulfill 3 conditions which are: (i) novelty; (ii) inventive nature; (iii) susceptible of industrial application.

Register Patent in Vietnam

Firstly, a patent shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application. Besides, a patent shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

-It is published by another person without permission from the person having the right to register it;

-It is published in the form of a scientific presentation by the person having the right to register it;

-It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it

Secondly, An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art.

Thirdly, an invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

If a patent fulfills the above criteria then it is granted patent title.

What is the process of registration a patent in Vietnam?

After submitting the patent application into Noip (Intellectual Property office of Vietnam), it shall gone through 2 phases of examination which are formal examination and substantial examination.

Formal examination of applications means examination of observance of regulations on formalities applicable to applications, serving as a basis for concluding whether applications are valid or invalid, this phase would take from 1-3 months. All applications accepted as valid shall be published by the Noip in the Industrial Property Official Gazette.

After the publication, if there are no third parties object the application, then it go to substantial examination. The purpose of substantive examination of applications is to assess the protectability of objects stated in those applications under the protection conditions and corresponding protection coverage (volume). This phase would take from 12 months to 16 months. If it does meet protection criteria, NOIP will grant Patent for Invention.

However, in practice, the time from the filing to granting will be 18 months to 20 months due to huge load of work.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

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Should a startup founder worry about patents?

When you are in the early stages of your start-up, it may be tempting to cut corners in any way that you can to save time and money. However, you should realize that by doing this you aren’t setting up your business for the best scenario for success. 

Register patent in Vietnam

If you believe that your company brings a unique invention that other people could find useful, then you can certainly apply for a patent. Doing so early on can protect your business from potential issues in the future and it will solidify your legal claim to the idea that you are patenting. You may be surprised to learn that disputes over patents between companies is not exactly rare. If you put patents at the top of the list early on, you will save yourself a lot of headache in the future.

It is wise to consult the advice of a patent attorneys in Vietnam to help assist you with your patent. We are a legal marketplace with quality lawyers who are knowledgeable in various areas of the law—including patents.

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What are requirements for a patent?

Here are for obtaining a patent under U.S. law.

Requirements for Obtaining a Patent

Patent Attorney in Vietnam

1. To obtain a patent in the U.S., you must demonstrate that the idea is:

 -Eligible for patent protection

-Novel and does not infringe on the patents of another

-Non-obvious

-Useful

2. Once you have determined that your patent meets the above through development of your idea and a thorough patent search, you would then prepare and file your patent application along with the requisite filing fee.

Is It Necessary to Have a Prototype or Are the Designs Enough? and How Specific Do the Designs Need to Be?

While a prototype can be helpful in supporting your patent application, a working prototype is not required to apply for patent protection. However, you are required to describe your invention with a level of detail such that a skilled individual could recreate your invention from the specifications. Essentially, you will need to provide as much detail as possible.

Is It Possible to Get a Patent for Free?

You will need to pay the filing fees to the USPTO associated with your patent application. You can find a schedule of the USPTO fees here. Additionally, given the complexities of the patent process, you may also want to retain a patent attorney to assist you to improve the likelihood that your application will be approved.

Source: Quora

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The provisions of law on copyright infringement

The US-China trade war, especially disputes over intellectual property (IP), once again alarmed business executives about the importance of complying with laws and strengthening management capacity for protecting and avoiding infringement of IP rights of any other country, when participating in global "games". One of the most vulnerable objects of intellectual property is computer software. So, in Vietnam, what are the policies to overcome piracy of computer software?

Copyright in Vietnam

Referring to the operation of the WTO, people often mention the activities of the Trade Council under the General Assembly. There are three trade councils (as known as three "pillars" of the WTO): the Council for Trade in Goods, the Council for Trade in Services and the Council of Trade-Related Aspect of Intellectual Property Rights. In particular, the Council on Trade-Related Aspect of Intellectual Property Rights is responsible for activities that fall within the scope of the  Agreement on Trade-Related Aspect of Intellectual Property Rights (TRIPS Agreement), as well as coordination with other international organizations in the field of IP rights.

According to the request of the TRIPS Agreement, each member state or WTO member must give full and effective protection of intellectual property rights to citizens of other WTO members in accordance with the principle of national treatment and most favored nation. Specifically, members must have a legal system and apparatus to protect intellectual property rights (including: copyright and related rights, patents, business secrets, trademarks, industrial designs, integrated circuit layout design, geographical indications and unfair anti-competitive rights) meet the TRIPS Agreement minimum standards for content, scope, time limits and enforcement of rights.

Besides, the Berne Convention allows authors to enjoy copyright for a lifetime and a minimum of 50 years thereafter. However, countries that comply with the convention are allowed to extend the term of copyright. Regarding the world situation, through free trade agreements, developed countries like the United States and Japan ... want to work towards a stronger enforcement mechanism than the standards set forth in the agreement when it comes to the trade of intellectual property rights. In particular, developed countries tend to "criminalize" intellectual property infringements by expanding the subject of criminal enforcement measures to infringements of inventions, business secrets, trademarks, industrial designs, integrated circuit layout design, ... not just violations of trademarks, copyrights and related rights. Criminally infringed intellectual property rights also tend to be expanded.

Vietnam is increasingly integrating deeply into the economy with the region and the world through free trade agreements with leading partners such as the United States, Japan and the European Union. The enforcement of intellectual property rights by criminal means is one of the important contents in the negotiation of new generation free trade agreements and is particularly emphasized by development partners. In recent years, the law on enforcement and protection of intellectual property rights, including enforcement by criminal measures, has been constantly strengthened, improved and contributed to improving the effectiveness of enforcement activities to protect IP rights. With the efforts of the Government, the activities of protecting copyright and related rights have made significant progress. The State has issued many legal documents on this field, the Vietnamese laws have been developed and completed from the practice of management and administration for copyrigh, acquired international standards, met the requirements to promote effective protection and international integration.

Regarding the protection of intellectual property rights, especially for computer software, Vietnam has signed many bilateral and multilateral international treaties related to copyright and related rights. Accordingly, Vietnam has an obligation to protect copyright and related rights under international treaties to which Vietnam is a member. At the Resolution of the 9th Plenum of the Party Central Committee, Session XI (Resolution No. 33-NQ / TW) on building and developing culture and people of Vietnam to meet the requirements of sustainable development of the country, stated: “Raising awareness of the implementation of legal provisions on copyright and related rights in the whole society. Strengthen and enhance the operational efficiency of copyright management agencies and agencies from central to local levels.”

Criminal Code No. 12/2017 / QH14 amending and supplementing a number of articles of the Criminal Code No. 100/2015 / QH13, effective from January 1, 2018, demonstrating the determination of the Vietnamese Government to strictly enforce against copyright and related rights violations, including computer software copyrights. Under the new provisions of the amended Criminal Code, for the first time, commercial legal entities shall be criminally responsible for crimes infringing copyright and related rights. Article 225 of the amended Criminal Code has introduced sanctions to overcome violations of copyright and related rights. Including  computer software  copyright. With the new strict penalty framework that the Criminal Code 2015 will apply to commercial entities that intentionally violate computer software copyrights in particular and copyrights in general, the rate of software piracy Vietnam will be able to significantly reduce, create a fair competitive business environment for businesses, as well as promote the development of the socio-economy in the context of Vietnam's deep and broad integration into the international economy.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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Can I do trademark registration by myself?

If you are a resident of the country you can register a trademark by yourself in the National Trademark Office. However, the process is very complicated and without appropriate assistance, it is very unlikely to fill out all documents and go through the whole procedure successfully. Because of this, it is better to hire a professional attorney, who is able to simplify the process of registration for you and save your time and money.

 Trademark in Vietnam 

There is a slightly different situation with international registration. Foreign residents have no direct access to the National Trademark Offices in other countries. Due to this if you wish to file for a trademark somewhere outside of your country of residence, you have to hire a professional local attorney to represent your interests there.

There is only one exception WIPO | Madrid – The International Trademark System. However, the system is available only for countries-members (121 countries of the world) and only for residents of these countries, provides very limited protection and requires a considerable amount of time and effort for registration.

First, you apply for a trademark in your country of residence and wait until you obtain a trademark there, after, using WIPO, you file the trademark in other countries through your National Trademark Office and wait for registering your mark there.

However, an experienced attorney is always able to simplify the process of registration, increase the chances and the speed of registration and save your time and money. If you're looking for an affordable  IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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Questionnaire on Anti-Dumping Investigation on Some Monosodium Gluamate Products Case AD09

Pursuant to Decision No. 3267/QD-BCT dated on November 15^th, 2019 of the Minister of Industry and Trade on investigating to impost anti-dumping measures on some monosodium gluamate (MSG) products originating from the People’s Republic of China and theRepublic of Indonesia (code no.AD09), the Department of Trade Remedies issued an anti-dumping investigation questionnaire to foreign manufacturers/exporters.

Anti-dumping Lawyers in Vietnam 

The Investigating Authority requires all relevant foreign manufacturers/exporters to cooperate and participate sufficiently during the investigation. The content of the response will be the basis for the Investigating Authority to review and draw a conclusion of the investigation of this case. In the event that the Investigating Authority does not receive timely responses from foreign manufacturers/exporters or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties; information and documents collected by the Investigating Authority or available information and documents for drawing a conclusion.

The relevant parties must respond to the Investigating Authority before 17:00 December 23^rd, 2019 (Hanoi time).

To ensure its rights and interests, the relevant parties who want to extend the time limitation of response are suggested registration of extension before November 30^th, 2019 (Hanoi time). If the manufacturers/exporters registers after the deadline, it is possible that the Investigating Authority shall not appove their registration. For registration of relevant parties, organizations and individuals register according to the form of relevant party registration form issued in Appendix 1 attached to Circular 06/2018/TT-BCT and send it to the Investigating Authority via post office or email.

International Trade legal department of ANT Lawyers, a law firm in Vietnam would help client in anti-dumping cases response and following up in Vietnam with the Ministry of Trade and Commerce

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Procedures for registration of trademark protection in Vietnam

Trademark plays an important role in the business activities of the enterprise, helping to position products and services in the minds of customers as well as make a difference in the market. In the current competitive context, trademarks are easily violated by illegal acts, easily affecting business results of enterprises. According to the provisions of the Intellectual Property Law 2005 (amended and supplemented in 2009), a trademark is an intellectual property that needs to be protected and the legal basis to protect it is a trademark registration certificate.

Trademark registration services in Vietnam 

1. Conditions for a trademark to be registered for protection

Article 72 of the Intellectual Property Law 2005 stipulates that trademarks are protected if the following conditions are met:

a) A visible sign in the form of letters, words, drawings, images, including holograms or a combination thereof, expressed in one or more colors.

b) Having the ability to distinguish the goods or services of the trademark owner from the goods and services of another subject.

2. Procedures for registration of trademark protection

2.1. Look up trademarks (optional)

In order to assess the ability to register a trademark and save time for enterprise, it is necessary for the applicant to conduct a trademark search before filing an official registration application. This is to determine if the trademark of an enterprise is identical or similar to that of another registered trademark for the same or similar products.

Search time: 02 days.

For searching, the applicant should provide the following documents: 05 trademark samples; List of branded goods/ ervices.

2.2. Trademark registration (brand / logo):

If the search results show that the trademark is not identical or similar to the trademark of any registered individuals or organizations, the applicant should submit a trademark registration application in the fastest time to have priority dates soon.

 2.3. Time of trademark registration:

 The application for trademark registration will go through three stages:

a) Examining the form of trademark registration applications:

During this period, if the application satisfies the requirements, the National Office of Intellectual Property (NOIP) will confirm the date of valid application, the number of valid applications, the priority date of the application and notify the applicant of the decision to accept the application. If there are deficiencies, the NOIP will notify the applicant and within two months from the date of notification, the applicant must correct the deficiencies.

Time limit for formality examination: 03 months from the date of application to the NOIP.

b) Publication of the registration application: 02 months from the date the application is formally accepted.

If the application is valid, it will be published by the NOIP in the Industrial Property Official Gazette. This gazette is published monthly.

c) Substantive examination: 07 months from the date of publication of the mark registration application

At this stage, if the application is recognized as valid, there is no dispute or complaint when it is published, the NOIP will notify the applicant of the fee for substantive examination. Then the NOIP will conduct the evaluation. The purpose of substantive examination is to determine whether the object stated in the application meets the protection standards prescribed by law.

Time for substantive examination: 09 months from the date of notification of acceptance of valid application.

If the result of substantive examination shows that the trademark of the applicant is likely to register, the NOIP will issue a Protection Title within 1 month thereafter.

3. Application dossier for trademark registration

a) A trademark registration declaration.

b) Documents, specimens, information showing the trademark intended to be registered.

c) Power of attorney (if the application is submitted through an intellectual property representation organization).

d) List of products and services that the enterprise intends to use the trademark.

e) A notarized copy of the enterprise registration certificate, investment certificate if the owner is an organization, the identity card or other equivalent papers of the individual owner.

f) Receipt of fees and charges.

The term of protection of trademarks is 10 years from the date of filing of applications. The owner of a protection title may extend it many times. Procedures for renewing a trademark protection certificate are carried out at the National Office of Intellectual Property.

If you're looking for an affordable Trademark lawyers in Vietnam , check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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Sanctioning for violations of computer software copyright

According to Article 2 (viii) of the Stockholm Convention on 14 July 1967 on the establishment of the World Intellectual Property Organization, intellectual property is defined as the rights related to: Literary works, art and science works, performance of performers, sound recording, video recording, inventions in all areas of human endeavor, Scientific Invention, Industrial Designs, Trademarks (goods), service marks, trade names and indications , logos, Rights (protection) against unfair competition and all other rights are the result of Intellectual activities in industry / engineering, science, literature or arts.

The Berne Convention gives authors a lifetime of copyright and a minimum of 50 years thereafter. However, countries that comply with the convention are allowed to extend the term of copyright.

Software Compliance Law Firm in Vietnam

Depending on the laws of each country, works may be regulated and may have different protections. Copyright infringement of a work can be understood as an act of verbatim copying of part or the whole of a pre-existing work but without the permission of the copyrighted person or unauthorized transmission of part or the whole of a work which is not under his copyright. More specifically, the text is not copied verbatim, but the whole idea as well as the order of presentation of a work are copied. This type of infringement is harder to spot but can still be considered a form of copyright infringement if there is evidence that a "copy" is imitating the prototype. It can be seen that the examples in the master thesis do not specify the source and the main author. The text is not copied in its original form but translated with creative ideas (in other languages ​​or in other formats) is also considered copyright infringement.

Under the 2005 Intellectual Property Law, computer programs or computer software are protected by copyright as protection of a literary work whether expressed in source code or machine code. Therefore, copyright in computer software is also fully protected with personal rights and related rights. The protection of laws on intellectual property products is the basis to encourage individuals and organizations to create useful products. But with the current situation of infringement of intellectual property rights, especially for computer programs and software, the copyright infringement is up to 80%. Most of the computer software programs, if individuals want to use it, have to pay royalties to manufacturers. Normally, this fee is calculated annually, but many individuals and organizations use this reason to use pirated software without copyright.

So how will violators be penalized? Depending on the seriousness, violators may be administratively sanctioned or examined for criminal prosecution. Specifically:

Firstly, regarding administrative handling: Organizations and individuals will be fined from VND 15,000,000 to VND 35,000,000 / 1 software product, if they commit acts of copying computer programs without permission of the copyright owner. At the same time, these organizations and individuals will be forced to remove infringing copies on the digital and cyber environment or destroy the material evidence. According to Article 18 of Decree No. 131/2013 / ND-CP (amended and supplemented by Decree No. 28/2017 / ND-CP), specifically:

A fine of from VND 15,000,000 to VND 35,000,000 shall be imposed for copying a work without permission of the copyright owner. At the same time, the application of remedial measures is to force the removal of copies of infringing works in electronic form, on digital and network environment or forcible destruction of infringing material evidences.

Secondly, on criminal prosecution:

Article 225 of the Criminal Code 2015 (amended in 2017) provides for the Crime of infringement of copyright and related rights as follows:

"Those who are not allowed by the copyright or related right owner to intentionally commit one of the following acts, infringe the copyright and related rights being protected in Vietnam on a commercial scale or gain illicit profits of between VND 50,000,000 and under VND 300,000,000 or cause damage to copyright or related rights owner from VND 100,000,000 to under VND 500,000,000 or infringing goods valued at from VND 100,000 .000 VND to less than VND 500,000,000 will be imposed a fine of from VND 50,000,000 to VND 300,000,000 or face non-custodial reform for up to 03 years:

a) Copying works, sound records, video records;

b) Distribute to the public a copy of the work, a copy of the sound recording, a copy of the video recording. "

In cases of aggravating factors, a fine of between VND 300,000,000 and VND 1,000,000,000 will be imposed or a prison term of between 6 months and 3 years. If a commercial entity commits an offense, the fine level will be higher for an individual, possibly liable to a fine of from VND 500,000,000 to VND 5,000,000,000, suspended from operation for between 06 months and 02 years or banned business, banned activities in certain fields or raising capital from 01 year to 03 years. The applicable penalty will depend on the seriousness of the violation.

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn. ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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Vietnam to Investigate Anti- dumping Measures on Some Monosodium Glutamate (MSG)

On October 31^st, 2019 Ministry of Industry and Trade issued the Decision no. 3267/QD-BCT on carrying out investigation anti- dumping measures on some monosodium glutamate (MSG) HS code no. 2922.42.20 originating from the People’s Republic of China and Republic of Indonesia.

Anti-dumping Law Firm in Vietnam

The case has been initiated based on request by representative of domestic manufacturing industry on August 19^th, 2019. The requesting party and supporting party are three companies representing domestic manufacturing industry, including: Vedan Vietnam Joint Stock Limited Company, Ajinomoto Vietnam, and Miwon Vietnam Limited Company. Products under investigation are Monosodium Glutamate products (MSG Products).

After having the investigation decision, within 15 days, investigating agency shall send the questionnaire to the relevant parties. The relevant parties shall submit written response to all questions in the questionnaire within 30 days from the date of receiving the investigation questionnaires. The date of receiving the investigation questionnaires shall be set at seventh days after the investigation questionnaires are sent by investigating authority.

Investigating agency has issued official dispatch no. 760/PVTM-P1 on September 04^th, 2019 which requires requesting party to supplement, adjust to clarify contents, methods and basis of determining dumping margins amplitude and damages of domestic manufacturing industry.

The relevant parties shall register participation in investigation within 30 days from the date of issuance of Decision No.3267/QD-BCT. The Vietnam Ministry of Industry and Trade recommends that all organizations and individuals who are manufacturer of products under investigation should register as a relevant party and provide necessary information to the Ministry of Industry and Trade to ensure their rights and interests in accordance with the law of Vietnam.

As international tradelaw firm in Vietnam with experience in representing companies in anti-dumping investigation cases, ANT Lawyers always follows up the development of anti-dumping investigations and provide clients with recent update.

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How a Foreign Company Apply for Certificate of Origin in Vietnam?

Vietnam has growing fast due to the opening policy of the government, and has been signing a number of free trade agreements with ASEAN, China, Korea, Japan, India, Australia, New Zealand, Chile, Russia, Belarus… with effectiveness. The expecting Europe Vietnam Free Trade Agreement has been signed but not yet effective at this moment.  Having said that, Vietnam has become a destination for foreign investors to set up company and factory in Vietnam to undertake manufacturing for export and enjoy tax preference because of Vietnam origin. 

 Certificate of Origin Law Firm in Vietnam

The applicant wishing to be granted the Certificate of Origin (“C/O”) needs to register the trader profile under Vietnam regulations before submitting the dossier applying for C/O.  There are steps to be followed at the State authorities to check the trader profile, its legal registration in Vietnam, manufacturing facilities that produce the goods which are subject of C/O.  Further, additional information and proof will be required for verification at Vietnam State Authorities including the declaration of origin provided by manufacturer or supplier of originating materials or locally produced originating goods if such material is used in subsequent stage to produce another good, good manufacturing process.  Not only checking the documents, the authority could undertake an inspection visit to the manufacturing facility of trader and request the applicant to submit evidence of customs declaration of materials imported and used in production of exported goods (if imported materials are used in the production process); a sale contract or VAT invoice of locally purchased materials (if locally purchased materials are used in the production process) and other documents as deemed necessary. If the documents, the process, and the conditions are met, the C/O will be issued.

In general, an originating good is a good which is originating in a country, group of countries, or territory where the last processing operation is performed and substantially transforms such good.  To qualify for non-preferential goods, there will be required of:

1.“Change in tariff classification” (hereinafter referred to as CTC): means a change in two-digit, four-digit, or six-digit HS heading of a good as compared with the HS heading of non-originating materials (including imported materials and materials of undetermined origin) used for the production of such good.

2.“Local value content” (hereinafter referred to as LVC)

The applicant for C/O shall choose either direct formula or indirect formula at their own discretion to calculate LVC and apply the chosen formula throughout such financial year. The verification and identification of LVC criteria for exported goods of Vietnam shall be based on the aforesaid formula.

In order to calculate LVC according to the formula, value of materials and cost incurred in the production process of goods shall be determined as follows:

1.     a) “Value of materials originating in a country, group of countries, or territory of production” is inclusive of CIF value of materials acquired or locally produced that are originating in a country, group of countries, or territory; direct labor cost, overhead cost, other costs and profits.

2.     b) “Value of materials originating in a country, group of countries, or territory of production” is CIF value of materials imported that are originating in a country, group of countries, or territory; or the earliest ascertained price stated in the VAT invoices associated with materials of unidentifiable origin used for the production, processing of ultimate product.

3.     c) “FOB” is the value stated in the export contract which is calculated as follows: “FOB = Ex-workshop price + other costs”.

– “Ex-workshop price” = Production cost + profit;

– “Production cost” = material cost + direct labor cost + overhead cost;

– “Material cost” covers expenses associated with purchase of materials, their cost of freight and insurance;

– “Direct labor cost” covers wages, bonuses and other welfare amounts related to the production process;

– “Overhead cost” covers: Overhead cost relates to production process (insurance for buildings, factory rents and hire-purchase cost, depreciation of buildings, repairs, taxes, collateral interests); hire-purchase cost and interests of factories and equipment; factory security; insurance (for factories and equipments used in the production process); expenses for essentials for production process (energy, electricity and other essentials to be used directly in the production process); research, development, design and workmanship; pressing molds, moulds, devices and amortization, maintenance and repairs of factories and equipment; patent royalties (in respect of patented machines or use of patented machines in production process or goods production licenses); testing of materials and goods; storage in factories; waste treatment; cost factors in calculating value of materials, such as port-related cost, good clearance and import duties on taxable components;

– “Other costs” are the costs incurred in placing the good in the ship or other means of transport for export including, but not limited to, domestic transport costs, storage and warehousing, port handling, brokerage fees, service charges and relevant costs incurred when loading goods onboard ships for export.

If the goods that do not qualify to be issued C/O in Vietnam, it can not be granted C/O.  Any violations of laws will be punished by the government.

It appears that many manufacturers are in the process to relocate significant manufacturing process to Vietnam to enjoy “Made-in-Vietnam”.

In the meantime, alarmingly, there are equal number of other manufactures whom wish to only transfer a small portion of manufacturing process to Vietnam i.e re-packaging, re-labeling which does not meed to qualifications above.

It is important that Vietnam authorities to alert and constantly monitor the C/O application process to ensure all responsible departments, officers to follow the rule as set by law to evaluate the C/O application documents, and proof given by trader, manufacturer carefully.

By doing that, Vietnam government will encourage the “real” transition of manufacturing from China to Vietnam, therefore increasing FDI, boosting the economy through encouraging manufacturing sectors.

By urging customs authority to investigate and punish violators, the Vietnam government is sending strong message to US that Vietnam is not standing to support unfair trade, and in the meantime take advantage of the situation to attract quality manufacturing projects into Vietnam. Therefore, more crackdowns are expected.

ANT Lawyers, as a law firm in international trade has been actively providing legal services through advisory to manufacturers on the C/O matters and assisting a number of investor to set up manufacturing company, review leasing contract at industrial zone as part of the process to transition manufacturing into Vietnam to seriously invest and do business taking advantage of origin, labour, opening policy of Vietnam government.

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