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.

12 Ways Transport Lawyers Enhance Logistics and Compliance in Vietnam

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.

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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Summary of Customs Development Strategy from 2021 to 2030

 In order to create favorable conditions for export and import to ensure state budget revenue and combat smuggling of banned and toxic goods, intellectual property infringement, counterfeiting of origin, affecting national security, contributing to national security create fairness and equality in business as well as modernize the Customs sector, the General Department of Customs has issued the Draft Customs development strategy for the period of 2021-2030 to gradually build Vietnam’s Customs in accordance with the new situation.

The Draft Decision on Customs development strategy for the period of 2021-2030 (the “Draft”) expect to ensure the management of the State and in compliance with international commitments which Vietnam is a member. Besides, the Draft also is expected to create favourable conditions for enterprises and flexibility in management towards modernization of the Customs in the new era.

The Draft aims at the overall goal of building a regular, modern force, on par with other countries in the region and the world, towards the development of a smart customs system, propose solutions to improve efficiency in the process of carrying out customs procedures and collecting taxes effectively to create convenience for passengers and businesses. At the same time, the Draft also aims to ensure maritime security, national competition and protect Vietnam’s interests and sovereignty.

In addition, the Draft sets out the main goals for the period 2021-2030 with the smart customs model continuing to be the key goal, built in a professional direction, minimizing administrative procedures and synchronization throughout the system, applying the achievements of the Industrial Revolution 4.0 and the cooperation and facilitation of the Customs of developed countries to realize the requirements of reform and modernization of state administration towards building a digital government, E-government. In addition, the prevention of smuggling activities is still a prerequisite goal to protect the business environment in Vietnam. Moreover, the goal is to reduce the human resource apparatus, improve the capacity and qualifications of the customs force to suit the needs of innovation in customs management technology.

The Draft sets a target that by 2025, Customs will strive to complete the redesign of the customs system in the direction of digital customs while ensuring information security; to ensure 90% of applications will be processed online, minimizing manual administrative procedures; to build a paperless, simple and effective working environment. Accordingly, the Draft is expected that 80% of inspection activities will be carried out through the digital environment, the information technology system of the General Department of Customs. Along with that, the Draft would improve the efficiency of the Customs Single Window to 100% for administrative procedures and integrate it on the National Public Service Portal for easy access and implementation by businesses and people; promote the signing of international treaties on customs to create favorable conditions for domestic enterprises as well as ensure the principle of benefits for all parties.

In order to achieve the above objectives, the General Department of Customs has proposed specific solutions to improve the legal system so that the implementation is synchronized; improve management methods to prevent violations and apply information technology to gradually guide people and businesses familiar with online procedures; improve the use of technology for customs officers, step by step reduce inappropriate procedures, and put the smart customs model into the application to make appropriate adjustments to reality.

In terms of customs operations, the Draft also sets out step by step application of supply chain management models to meet current needs and research the implementation in the field of insurance and customs clearance guarantees, accelerate the inspection of goods in electronic form, reduce paperwork to the paperless stage, simplify administrative procedures, reduce waiting time at the border, implement the flow of goods, authorization to check at the border gate, apply modern technology solutions and inspection and monitoring equipment suitable to the characteristics of the border gate area, capable of integrating and exchanging data in a centralized and unified manner.

Regarding tax administration, the Draft expects to uniformly apply taxes and collection rates suitable for each type of goods, minimize the tax filing process, quickly develop tax schedules as well as clear and transparent processes, creating convenience for both payers and regulators.

Management of import and export activities, import and export of means of transport must be unified, concentrated, and minimized the handling process, cutting unnecessary intermediary stages. The Draft also aims to encourage and create conditions for people, businesses and related parties to participate in legal policy criticism, cooperate with customs authorities in law enforcement and supervision.

With this Draft, Vietnam has the prospect that by 2030, Vietnam will complete the renovation and modernization in the customs sector, including building a strong and clean customs force, as well as equipping vehicles and applying artificial intelligence technology in customs management, striving to build a customs force on par with developed countries in the region, keeping up with advanced countries in the world.

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

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How Insurance Lawyers in Vietnam Can Enhance Your Coverage Strategy?

 Navigating the complexities of insurance in Vietnam can be daunting without the right legal expertise. Insurance lawyers in Vietnam are pivotal in providing the necessary legal support to ensure that individuals and businesses maximize the benefits of their insurance coverage while adhering to the country’s regulatory framework. This guide explores the role of insurance lawyers in Vietnam and offers step-by-step advice on leveraging their expertise to secure your financial and operational stability.

The Role of Insurance Lawyers in Vietnam

Insurance lawyers in Vietnam are specialized legal practitioners who understand the nuances of insurance law and how it applies within the Vietnamese context. These professionals are crucial in navigating the legal landscape, which includes dealing with claims, advising on policy structures, and ensuring compliance with local laws.

How Insurance Lawyers in Vietnam Can Enhance Your Coverage Strategy?

Types of Insurance in Vietnam

The law identifies three primary types of insurance:

Life Insurance – A promise of financial security for life’s unpredictable turns.

Health Insurance – A shield against the financial strain of health and medical expenses.

Non-life Insurance – An umbrella of coverage for everything from property to maritime ventures.

Corresponding Insurance Operations in Vietnam:

For each insurance type, there are specific operations:

Life Insurance Operations include whole life, term, endowment, mixed, periodic-payment life insurance, investment-linked, and retirement insurance.

Non-life Insurance Operations range from property insurance, cargo transport insurance, aviation insurance, motor vehicle insurance, fire and explosion insurance, hull and shipowner’s liability insurance, general liability insurance, credit and financial risk insurance, agriculture insurance, surety, and other damage insurance.

Health Insurance Operations cover personal health and medical expenses.

Policies for Developing Insurance Business Activities:

The Vietnamese state guarantees the legitimate rights and interests of all parties involved in insurance and encourages the growth of the insurance business. It fosters conditions conducive to the development, research, and application of advanced technology in insurance products and services. The state promotes investment in the economy and the insurance market, emphasizing agricultural, forestry, and fishery insurance products, as well as micro-insurance for social welfare objectives.

Principles of Providing and Using Insurance Services:

As dictated by the law, the provision and utilization of insurance services must adhere to the following principles:

Engagement with insurance is limited to enterprises and organizations that are duly licensed and operational within Vietnam, except where international treaties permit cross-border insurance services.

Prohibited behaviors in the insurance business include unauthorized insurance operations, conducting business beyond the permitted scope, and insurance fraud in various forms such as collusion, document forgery, and deliberately causing self-harm to claim insurance benefits.

Coercion or threats in concluding insurance contracts are strictly forbidden.

How Insurance Lawyers in Vietnam Can Help?

Policy Analysis and Compliance: Insurance lawyers in Vietnam help businesses and individuals understand complex policy details, ensuring that the terms comply with Vietnamese laws and the insured’s needs.

Claim Dispute Resolution: They play a crucial role in managing disputes over insurance claims. Whether it’s negotiating with insurance companies or representing clients in court, these lawyers ensure fair treatment and rightful compensation.

Risk Management and Consulting: Insurance lawyers provide strategic advice on risk assessment and management, helping clients choose the right type of insurance coverage to protect against potential risks specific to their operations.

Regulatory Guidance: With frequent changes in insurance regulations, having an insurance lawyer ensures that your policies and practices are up-to-date, avoiding any legal issues that might arise from non-compliance.

Support During Investigations: In cases of insurance fraud or other discrepancies, insurance lawyers in Vietnam are instrumental in conducting thorough investigations to protect their clients’ interests.

Facilitating Insurance Transactions: These lawyers assist in the structuring and negotiation of terms in insurance contracts and agreements tailored to the client’s specific needs.

The Importance of Insurance Lawyers in Vietnam

Insurance lawyers in Vietnam ensure that the legal aspects of insurance transactions are sound and beneficial for all parties involved. Their expertise not only helps in mitigating risks but also in enhancing the effectiveness of insurance through tailored advice and robust dispute resolution mechanisms. For businesses, this means a more stable operational environment, and for individuals, it means better protection of assets and health.

As the Vietnamese insurance market grows and diversifies, the need for specialized legal advice becomes even more critical. Insurance lawyers in Vietnam are more than just legal advisors; they are strategic partners in navigating the complexities of insurance. They ensure that you are adequately covered, compliant, and prepared for any legal challenges that may come your way. By integrating insurance lawyers into your strategic planning, you can secure a robust defense against uncertainties, ultimately protecting your assets and business continuity.

In summary, insurance lawyers in Vietnam are essential in maximizing your insurance utility, safeguarding your legal rights, and ensuring that your insurance strategies are aligned with both your personal and business objectives. Their expertise is indispensable in the evolving and complex landscape of Vietnamese insurance law.

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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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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