Banking market entry into Vietnam

Vietnam’s banking sector has shown significant improvement which results from stable inflation and interested rate

FMCG business consultant in Vietnam

With increasing disposable income, rising living standard, stable GDP and economic growth, young population and low inflation

Real Estate business consultant in Vietnam

Hundreds of millions of dollars are waiting to pour into Vietnam real estate market in most segments.

Oil Gas business consultant in Vietnam

Vietnam oil and gas industry has a great potential as it plays a vital role in Vietnam’s industrial development.

Thứ Sáu, 17 tháng 5, 2024

5 Crucial Roles of Marine Insurance Lawyers in Protecting Maritime Ventures

 Vietnam, with its strategic maritime position, bustling ports, and expansive coastline, stands as a beacon of trade in the South China Sea. Its waters, while brimming with commercial potential, are not immune to the vagaries of nature or the complexities of maritime law. Marine insurance lawyers in Vietnam serve as pivotal guardians, steering shipowners, cargo carriers, and maritime financiers through the potential storms of legal and financial risk.


The Landscape of Marine Insurance in Vietnam:

Vietnam’s marine insurance sector is governed by a robust legal framework, which includes the Vietnam Maritime Code. This code delineates the nuances of marine insurance contracts and underscores the importance of expert legal guidance in interpreting and applying these regulations to protect maritime interests effectively.

The essence of marine insurance lies in its capacity to underwrite the myriad of risks associated with maritime voyages. According to the Vietnam Maritime Code, a marine insurance contract is an agreement safeguarding against sea risks, obligating the insurer to indemnify the insured against maritime losses under the terms stipulated within the contract. These perils are not just confined to natural hazards but extend to man-made events such as piracy and theft, reflecting the unpredictable nature of sea voyages.

The subject matter of marine insurance, encapsulates any tangible financial interest related to maritime activities. This broad definition includes vessels, whether completed or under construction, cargo, or any other assets that maritime perils might threaten. The scope of coverage can even extend beyond traditional maritime routes to encompass losses on inland waterways, roads, rails, or airways, provided they are part of the marine journey.

Determining who can benefit from marine insurance is critical. The Vietnam Maritime Code clarifies that the insured must have a financial stake in the maritime journey at the time of loss. However, even if the insured gains such interest post-loss without prior knowledge of the damage, they are still entitled to compensation unless the insurer was kept in the dark about the loss.

Furthermore, marine insurance in Vietnam recognizes the potential for a multitude of financial interests within a single maritime venture. Freight charges, charter fees, expected profits from cargo, commissions, loan amounts hedged against maritime perils, and even civil liabilities springing from maritime risks all represent insurable interests.

Marine insurance’s role is not just about providing peace of mind; it is about upholding the economic integrity of the maritime commerce that is vital to Vietnam’s economy. With the nation’s waters serving as pathways to global markets, marine insurance stands as a testament to the country’s commitment to facilitating a secure and thriving trade environment.

Marine insurance within Vietnam’s jurisdiction is a comprehensive buffer against the uncertainties of sea travel. It offers a financial safety net, enabling the continuance of trade even when faced with the unpredictability of oceanic voyages. As Vietnam continues to cement its position in global trade, the robustness of its marine insurance laws plays a pivotal role in navigating the tides of commerce with confidence and security.
Key Contributions of Vietnamese Marine Insurance Lawyers

Marine insurance lawyers in Vietnam are at the forefront of interpreting maritime law, ensuring clients’ interests are thoroughly safeguarded. With a deep understanding of both the local nuances and international maritime regulations, these legal experts offer a navigational chart for those seeking to mitigate the inherent risks of seafaring trade.

Tailored Risk Assessment and Policy Structuring:
Vietnamese marine insurance lawyers excel in crafting bespoke insurance policies, reflecting the unique risks associated with maritime activities in Vietnam’s waters. From piracy to environmental hazards, these policies are meticulously structured to offer comprehensive coverage, tailored to the specific voyages and trade routes favored by Vietnamese maritime enterprises.

Navigating Claims and Advocacy:
The aftermath of a maritime incident is a testing time for stakeholders, and marine insurance lawyers provide the needed anchor. They adeptly manage claims, advocate for fair settlements, and, when required, take the helm in litigation to secure their clients’ rightful compensation.

Legal Advisory on Maritime Liabilities:
Vietnamese marine insurance lawyers keep abreast of the shifting tides in maritime liability laws. They guide clients through the complexities of compliance with both local and international maritime liabilities, ensuring that insurance policies remain in sync with the latest legal developments.

Empowering Clients with Knowledge and Strategies:
A key role of marine insurance lawyers in Vietnam is to educate clients on the intricacies of marine insurance law, thereby empowering them to make informed decisions. They also play a strategic role in developing risk management approaches that minimize the potential for losses, thus contributing to a more resilient maritime sector.

The maritime commercial landscape of Vietnam is a dynamic and challenging arena, with marine insurance lawyers serving as vital custodians of maritime economic security. Their expertise in local and international maritime law, risk assessment, claims advocacy, and client education forms the backbone of a robust marine insurance industry. These marine insurance lawyers not only provide defense against the perils of the sea but also pave the way for Vietnam’s continued growth as a maritime trade powerhouse. In a country where the maritime industry is so intrinsic to economic vitality, the role of marine insurance lawyers cannot be overstated – they are the sentinels who ensure the stability and prosperity of Vietnam’s maritime ventures.

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.

Thứ Năm, 16 tháng 5, 2024

Which Court Could Grant a Decision to Arrest a Ship in Vietnam?

 According to Article 130 of Vietnam Maritime Law, the following courts could issue decision to arrest a ship in Vietnam.



The People’s Court at the level of a province where the seaport at which a ship subject to a request for arrest of a ship is having marine operations is located shall be vested with authority to grant a decision to arrest that ship.

Where a seaport has different port terminals located within different centrally-affiliated cities and provinces, the People’s Court at the level of a province where the seaport at which a ship subject to an arrest request is having marine operations is located shall be vested with authority to grant a decision to arrest that ship.

The People’s Court that is dealing with a civil case, or the People’s Court at the level of a province where the Arbitration Council is resolving any dispute, shall be accorded authority to impose an arrest of a ship as an interim injunction.

The Chief Justice of the People’s Supreme Court shall consider and decide whether the lower Court has been accorded authority to grant a decision on arrest of a ship in the event that there is any dispute over jurisdiction between the People’s Courts at the provincial level.

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 Attorneys in HanoiAttorneys in Ho Chi Minh and Attorneys in Danang.

Thứ Hai, 13 tháng 5, 2024

What are Prohibited Acts in Marine Operations in Vietnam?

 According to Article 12 of Vietnam Maritime Law, the acts prohibited in marine operations in Vietnam are grouped in activities that negatively impact national security, people, traffic, environment, in particular:



Harm or pose threatened harms to national sovereignty and security.

Carry people, goods, baggage, weapons, radioactive substances, hazardous discarded substances and narcotics in contravention of laws.

Intentionally create obstacles which can pose dangers or obstructions to marine traffic.

Use and operate ships which have not been registered or inspected or exceed the validity duration of registration and inspection; use counterfeit registration and inspection.

Refuse to participate in marine search and rescue activities if practical conditions permit.
Cause environmental pollution.

Infringe upon life, health, honor and dignity of persons aboard ships; embezzle and intentionally damage or ruin property aboard ships; take flight after causing any shipwreck.

Cause the public disorder, impede or react against implementation of duties of law enforcers on board ships and at seaports.

Destroy, damage, disassemble or steal components, parts, raw materials, building materials and equipment of marine construction works.

Damage, destroy and intentionally move or reduce the efficacy of marine signaling systems.

Explode bombs or other explosive materials within the boundaries of a seaport, port water area or navigational channel without authorization granted by competent authorities.

Illegally build and operate seaports and other structures within the planned boundaries of approved seaports, navigational channels and within the protective enclosure of marine structures.

Develop construction projects which may reduce or eliminate effects of marine structures.

Commit abuse of title, position and authority to contravene regulations on port authority; abet and screen persons who commit violations against maritime laws from any punitive measures.

Thứ Tư, 8 tháng 5, 2024

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.