Can Foreign Invested Enterprises Distribute Pharmaceutical Products in Vietnam?

 Currently, with the complicated developments of the Covid-19 epidemic in the world in general and in Vietnam in particular, the research, production and import of Covid-19 vaccines are the matter that everyone is concerned about. On February 24th, 2021, the first batch of vaccine approved for import was transported to Vietnam by the Vietnam Vaccine Joint Stock Company.

Facing this situation, a number of foreign enterprises have expressed their opinions on the limitations imposed on foreign-invested enterprises in the field of distribution of pharmaceutical products in Vietnam. Vietnam has reserved no commitment to open the distribution of pharmaceutical products service market and has not committed to opening the distribution of pharmaceutical products service market under any trade agreement or international treaty up to the moment, because the pharmaceutical sector is sensitive, directly related to access to drugs and people’s health.

According to the provisions of the law, “distribution of pharmaceutical products” means the division, movement and storage of pharmaceutical products from the warehouse of the manufacturer/importer of such products or from a distributor to the end user thereof or to a distribution point or between distribution points by means of various transport methods. For distribution services, in the WTO Commitments, it is clear that pharmaceutical distribution services are excluded from the scope of commitments for all modes of supply. In addition, Appendix 03 of Circular 24/2016/TT- publicizing roadmaps for goods trade and goods trading directly related activities of foreign-invested enterprises in Vietnam, it is also recognized that pharmaceutical products are on the list of goods not entitled to distribution.

Regarding this issue, the Drug Administration of Vietnam expressed the following viewpoint: “The suspension of allowing foreign-invested enterprises in Vietnam to provide drug storage and transportation services is to prevent the distribution of disguised drugs in Vietnam, contributing to health security and towards the professionalization of the medicine distribution system in Vietnam.”

Point c, Clause 10, Article 91 of Decree 54/2017/ND-CP, effective from May 8, 2017, provides for cases ineligible to distribute drugs as follows:

“10. The entities that are entitled to import but not entitled to distribute drugs and medicinal ingredients in Vietnam must do activities related to distribution of drugs and medicinal ingredients in Vietnam except for drugs and medicinal ingredients they manufacture in Vietnam, including:

c) Providing drug/medicinal ingredient transport or storage services.”

According to this content, foreign-invested enterprises in Vietnam are not allowed to transport and preserve drugs, except for drugs and medicinal ingredients manufactured by that enterprise in Vietnam. It can be seen that the restriction on the right to distribute drugs to foreign-invested enterprises is aimed at ensuring health security, being proactive in drug supply and distribution, towards to professionalize the domestic drug distribution system as a foundation to support the development of the domestic pharmaceutical industry and contributing to better control of drug prices in the market.

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 have Law firm in Hanoi, Law firm in Ho Chi Minh and Law firm in Danang. 

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Trade and Customs Laws in Vietnam

 When it comes to customs laws, complexity is one of the biggest challenges faced by many countries, including Vietnam. For a long time, the Vietnam government has also had to continuously solve multiple layers of regulations and laws that could conflict with one another, making it difficult for businesses to keep up. As a result, businesses operating in Vietnam must take extra precautions to ensure that their activities comply with the various laws and regulations, or risk running afoul of them. This complexity can be overwhelming for businesses looking to operate in the country, and having a knowledgeable customs law firms in Vietnam to help navigate the complexities of the Vietnam customs systems on hand to assist is essential.

What Are the Different Areas of Custom Law in Vietnam?

Customs law is made up of various areas of regulation, which includes customs valuation, duty and taxes, import and export control, shipping documents and procedures, origin of goods, safety and security, and violation and penalties. Regardless of the nature of the product, understanding the various provisions of the customs laws is of paramount importance for businesses trading in and with Vietnam.

Custom Valuation

Custom valuation in Vietnam is an integral part of the customs laws and it refers to the proper assessment of the value of the goods to be imported or exported. The process involves detailed assessment of various factors including the cost of production, the cost of transportation upto the loading port, and any other applicable charges. It is essential for businesses to understand the importance of custom valuation to ensure compliance with the current customs laws.

Tax and Duty 

Tax and duty laws are part of the customs regulations of Vietnam. These regulations may differ based on the nature and type of product that is being imported or exported.  There are various types of taxes and duties including excise, import duty, value added tax, and special consumption tax. Special attention is to be given to any exemptions or special privileges that have been given to certain goods and materials. Security deposit and bond rules may also be applicable in certain cases.

Import-Export Controls

In Vietnam, rigorous import and export controls are in place in order to protect the interests of domestic industry and domestic market. These controls limit the quantity and type of goods that are allowed for import or export and also determine the price guidelines applicable to the goods. 

Shipping Documents and Procedures

Shipping documents and procedures are closely regulated under Vietnamese customs law. The documents that are required and the type of customs clearance procedures that have to be followed need to be carefully understood by companies trading in and with Vietnam. This is in order to ensure that the shipments reach their destination in a timely manner.

Origin of Goods

Origin of the goods that are being transported to or from Vietnam is a very important consideration in ensuring compliance with the customs laws. Companies are expected to provide proof and documentary evidence of the origin of the goods to ensure there are no delays in the shipment process.

Advantage of Free Trade Agreements

Vietnam is party to various Free Trade Agreements with countries around the world. These agreements offer various benefits to companies importing or exporting goods. Companies should ensure to understand the various continue provisions of the agreements and make use of the opportunities offered in order to gain competitive advantage.

Violation and Penalties

Companies that are found to be in violation of the customs laws may face severe penalties including but not limited to monetary fines, seizure of the goods, and in worse cases a jail sentence. It is important that companies ensure to comply with the customs regulations in order to avoid any such repercussions.

How Customs Law Firms in Vietnam Can Help?

Compliance with the various requirements of the customs laws in Vietnam can be a daunting task for many companies. This is where lawyers at customs law firms in Vietnam can lend a hand to provide the necessary guidance and assistance to the companies so that they can navigate their way through the complex web of regulations without any problems while doing business in Vietnam.

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12 Ways Transport Lawyers Enhance Logistics and Compliance in Vietnam

 Legal issues pertaining to all forms of transportation, including road, rail, air, sea, are the focus of transport lawyers.

Legal Considerations in Transport Contracts 

1. Concept and Evolution of Transport Contracts
The essence of a transport contract under Civil Law is an agreement where the transporter is obligated to move and deliver goods to a specified location, receiving a fee from the hiring party.

This type of contract embodies the principles of voluntariness, freedom, and equality in civil transactions, allowing identification through elements like the parties involved—the transporter and the client—and the objectives, which focus on the movement of goods to a predetermined location.

2. Contractual Parties
Transporter: Typically owns the transportation means, such as trucks, ships.
Client: Needs to move goods from one place to another but lacks the means to do so independently.
Recipient: Can either be the client or a third party benefiting from the transport contract.

3. Subject Matter
The core purpose of a transport contract is the physical relocation of goods to an agreed destination. Unlike services measured by more abstract standards like quality, the valuation in transport contracts is often based on tangible metrics like the amount of goods, the distance traveled, and the type of transportation used.

4. Contract Content and Obligations
A transport contract outlines clear rights and obligations for the involved parties. 

5. Form of Transport Contracts
Historically, transport contracts could be verbal or written. However, the Civil Code now recognizes contracts formed by specific actions, reflecting societal advancements and the importance of the contract’s substance over its formal expression.

Verbal Contracts: Common for low-value or trusted transactions among acquaintances.
Written Contracts: Necessary for formal transactions and typically required by regulatory standards.
Contracts by Conduct: A newer form acknowledged by the law, allowing contracts to be formed through actions without direct negotiation at the point of agreement.

The evolution of Vietnam’s legal approach to transport contracts reflects a balancing act between tradition and modernization. As technology and commercial practices evolve, so too must the legal frameworks that support and regulate them, ensuring that they remain relevant and effective in facilitating civil commerce and logistics.  Looking into the future, the electronic contracts might be suitable for the development of e-commerce in Vietnam.

How Transport Lawyers in Vietnam Help?

In the rapidly evolving world of logistics and transportation, transport lawyers play a crucial role in navigating the complex legal landscape. Especially in Vietnam, where economic growth is heavily supported by robust logistics, the expertise of transport lawyers is invaluable. There are 12 critical ways these legal professionals contribute to the sector, emphasizing their indispensable role in ensuring smooth operations and compliance.

1. Contract Negotiation and Drafting
Transport lawyers are instrumental in drafting and negotiating transport contracts that comply with Vietnamese laws. They ensure that all contractual terms protect their clients’ interests while adhering to legal standards. This includes defining the rights and obligations of all parties involved, which can prevent costly disputes in the future.

2. Regulatory Compliance
Navigating the regulatory framework of the transportation sector in Vietnam can be daunting. Transport lawyers help companies understand and comply with local regulations, including those related to transport licensing, safety standards, and environmental laws. Compliance reduces the risk of legal penalties and enhances the company’s reputation.

3. Dispute Resolution
When disputes arise, whether from contract misunderstandings, service failures, or accidents, transport lawyers are equipped to handle them. They represent clients in negotiations and, if necessary, in court or arbitration proceedings. Their intervention can lead to faster resolution of disputes, minimizing costs and disruptions.

4. Risk Management
Transport lawyers assist companies in identifying potential legal risks associated with their operations. They provide strategies to mitigate these risks, such as revising contract terms, ensuring proper insurance coverage, and advising on safety compliance. This proactive approach prevents legal issues from arising and ensures uninterrupted business operations.

5. Insurance Claims
Handling insurance claims can be complex, particularly when significant losses or damages are involved. Transport lawyers help in filing and negotiating claims with insurance companies to ensure that clients receive fair compensation without undue delay.

6. Cross-Border Transactions
With Vietnam’s strategic location as a gateway to ASEAN, many companies engage in cross-border transportation. Transport lawyers facilitate these transactions by ensuring compliance with international trade laws and regulations. They help navigate customs, import-export regulations, and other cross-border legalities.

7. Intellectual Property in Transport
In an era where technological innovation is at the heart of logistics, protecting intellectual property becomes crucial. Transport lawyers help firms protect their technological innovations, software, and business methods through patents and copyrights, ensuring they retain their competitive edge.

8. Employment Law
Transport lawyers also advise on employment laws as they apply to transport and logistics. They help companies draft employment contracts, advise on labor disputes, and ensure compliance with local labor laws, including those related to work hours, safety, and compensation.

9. Environmental Compliance
The transport sector is often under scrutiny for its environmental impact. Transport lawyers in Vietnam help companies adhere to environmental regulations, manage waste, and reduce emissions. This compliance is crucial not only for legal reasons but also for sustainable operations.

10. Mergers and Acquisitions
In an industry as dynamic as transport, mergers and acquisitions are common. Transport lawyers play a key role in these processes, conducting due diligence, ensuring regulatory approval, and facilitating smooth transitions.

11. Legislative Advocacy
Transport lawyers also act as advocates for the transportation industry. They can lobby for favorable changes in laws and policies that impact the sector, representing the interests of companies at the governmental level.

12. Continuous Legal Education
Finally, transport lawyers provide ongoing legal education to their clients, keeping them informed about new laws and regulations that could impact their operations. This education helps companies make informed decisions and maintain compliance.

In conclusion, transport lawyers are vital to the success and smooth operation of transportation and logistics companies in Vietnam. By addressing a wide range of legal issues, from compliance and contract negotiation to dispute resolution and environmental law, they provide comprehensive support that allows companies to focus on their core business without legal distractions.

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Venturing into Vietnam: The 7 Roles of Logistics Law Firms in Navigating New Horizons

The market of logistics services have been growing more than 13% per annum in Vietnam. Are you poised to unlock the bustling gates of Vietnam’s logistics sector? Embarking on this journey, you’ll find the guidance of specialized logistics law firms not just helpful, but indispensable. With regulatory intricacies woven into the very fabric of this market, seasoned logistics law firms become your guiding star, illuminating the path to successful integration and operation.

Engaging Logistics Law Firms: Your First Strategic Move

Why, you might ask, should logistics law firms be your initial point of contact before you even set foot on Vietnamese soil? Simply put, the local legal landscape bears unique challenges. From foreign ownership limitations to intricate regulatory frameworks, a logistics law firm will expertly navigate these hurdles, laying a robust foundation for your business.  

Vietnam caps foreign ownership in logistics services, making logistics law firms crucial in structuring your enterprise within these parameters. They will craft strategies, whether it’s through joint ventures or setting up a 100% foreign-owned company, depending on which sub-sector of logistics services you aim to provide.

The Crucial Blueprint

Upon entering the Vietnamese market, your partnership with a logistics law firm ensures that every contract, every agreement, and every transaction is not just compliant, but strategically advantageous. They ensure your blueprint for operations adheres to the nuances of Vietnamese laws, including the Civil Code, the Commercial Law, and specific regulations governing logistics services.

Logistics Law Firms: Your Compass through the Maze of Compliance

Daily operations in Vietnam are a maze of bureaucratic procedures and regulatory compliance. A logistics law firm adept in local laws becomes your compass, steering you clear of potential legal quandaries. Whether it’s customs clearances, transport licenses, or navigating the tax implications of cross-border services, your logistics law firm is there to guide every step.

Your Advocate in Turbulence: The Logistics Law Firms

In the dynamic seas of Vietnam’s commerce, storms are inevitable. When disputes arise, or when the regulatory tide shifts, who better than specialized logistics law firms to be your advocate? They not only safeguard your interests but also negotiate and litigate, should the waves turn tumultuous.

Building Bridges with Logistics Law Firms

In Vietnam, relationships govern business dynamics. Reliable logistics law firms do more than legal heavy lifting; they build bridges with local authorities and business networks. This cultural finesse can be the difference between thriving and merely surviving in this vibrant market.

Logistics Law Firm: Your Sentinel for Sustainable Growth

As you grow, compliance and risk management must evolve. Logistics law firms monitor legislative changes, keeping your operations agile and responsive. This proactive approach mitigates risks before they become threats, ensuring sustainable growth in Vietnam’s promising yet challenging environment.

Trust in the Expertise of Logistics Law Firms

With the emotional fervor of someone who has navigated these waters, the value of logistics law firms cannot be overstated. They are more than legal advisors; they are strategic partners in your quest to conquer the Vietnamese logistics landscape. Trust in their expertise, lean on their guidance, and let them be the legal beacon for your visionary journey.

As you contemplate the horizon of opportunities that Vietnam offers, let the collaboration with dedicated logistics law firms be the first and most crucial step in your venture. With their counsel, the vast and complex terrain of logistics in Vietnam becomes a landscape of potential and prosperity.

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.

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Marine Claim Lawyers in Vietnam: Navigating Legal Waters with Expertise

 In today’s globalized world, the marine industry plays a crucial role in international trade and transportation. However, with the complexity of maritime laws and the inherent risks involved, disputes and accidents are inevitable. When facing issues related to marine claims in Vietnam, it is essential to have the assistance of a professional marine claim lawyers in Vietnam. This article delves into the significance of marine claim lawyers in Vietnam, their expertise, and the services they provide.

I. Understanding the Role of Marin

e Claim Lawyers in Vietnam

In the maritime domain, a marine claim lawyer serves as a legal expert who specializes in handling various types of claims arising from maritime incidents. These professionals possess comprehensive knowledge of Vietnam maritime laws, international conventions, and industry practices. Their expertise extends to both commercial and personal injury claims, ensuring that clients receive informed legal counsel and representation.

II. Key Areas of Expertise

1.Commercial Claims:

a) Cargo Claims: Marine claim lawyers in Vietnam assist clients in cases of cargo damage, loss, or delay during transportation. They meticulously analyze bills of lading, assess liability, and negotiate settlements with all relevant parties involved.

b) Charter Party Disputes: Marine claim lawyers in Vietnam provide guidance in resolving disputes arising from charter party contracts, including demurrage claims, lay-time disputes, and breach of contract issues.

c) Collisions and Grounding: In cases of collisions or grounding incidents, marine claim lawyers investigate the circumstances, establish liability, and pursue legal action to secure compensation for their clients.

2.Personal Injury Claims:

a) Accidents at Sea: Marine claim lawyers in Vietnam offer their expertise in accidents occurring onboard vessels, such as slips and falls, machinery accidents, or injuries caused by negligence. They help clients seek compensation for medical expenses, loss of income, and other damages.

b) Seafarers’ Rights: These lawyers are well-versed in the legal rights and welfare of seafarers, ensuring that their clients receive fair treatment, including access to medical care, repatriation, and compensation for injuries or illness sustained during their employment.

III. Services Provided by Marine Claim Lawyers in Vietnam

1.Initial Consultation and Case Evaluation:

Marine claim lawyers in Vietnam provide an initial consultation to understand the client’s situation and evaluate the viability of their claim. This includes assessing the available evidence, applicable laws, and potential legal strategies.

2.Legal Representation and Negotiation:

Once retained, marine claim lawyers skillfully represent their clients’ interests in negotiations with insurers, shipping companies, and other parties involved. They employ their expertise to secure the best possible outcome and maximize compensation for their clients.

3.Litigation and Arbitration:

In cases where disputes cannot be resolved through negotiation, marine claim lawyers initiate legal proceedings on behalf of their clients. They draft legal documents, gather evidence, and advocate for their clients in court or arbitration proceedings.

IV. The Importance of Hiring a Marine Claim Lawyers in Vietnam

1.Expert Knowledge of Maritime Laws:

Maritime laws can be complex and vary significantly from jurisdiction to jurisdiction. By hiring a marine claim lawyers in Vietnam, clients gain access to specialized legal expertise, ensuring that their claims are handled in compliance with local laws and international conventions.

2.Effective Communication and Representation:

Marine claim lawyers possess excellent communication skills, enabling them to effectively represent their clients’ interests in negotiations or court proceedings. Their professional demeanor and knowledge of industry practices enhance their ability to advocate for fair compensation.

Marine claim lawyers in Vietnam are invaluable allies for individuals and businesses involved in maritime incidents. Their expertise in handling various types of claims, from cargo disputes to personal injury cases, ensures that clients receive comprehensive legal representation. By hiring a marine claim lawyer, individuals and businesses can navigate the complex waters of maritime law with confidence, secure fair compensation, and protect their rights in the face of adversity.

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.

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