How Really does Debate Settlement System of WTO Work

How Really does Debate Settlement System of WTO Work?

The dispute settlement procedures used by the World Trade Organization (WTO) are based on the GATT 1947 dispute settlement rules, which have been in place for nearly 50 years. Finding a positive solution to the dispute is the fundamental goal of this dispute resolution method. Because Vietnam is a member of the World Trade Organization, it may use the WTO's dispute settlement mechanism in disputes with other WTO members.

The parties to a dispute at the World Trade Organization (WTO) will first hold consultations to come up with a mutually agreed-upon solution to the dispute (Consultation – the stage of mediation). Third parties, who are members with a significant interest and desire to participate in the dispute resolution process, may participate in each case if they feel they have a significant interest in the case and should be considered by the panel. On account of a fruitless request, a board of 3 to 5 individuals will be laid out and entrusted with looking at a specific issue in debate based on WTO rules refered to by the petitioner's country.

According to Article 12.3 of the DSU, the first thing a panel to review the complaint must do is establish a timetable for its proceedings. The contents of Article 12 and Annex 3 of the DSU are typically covered by the panel procedure, which allows for some flexibility to guarantee the quality of the report without delaying the proceedings. The parties can be more proactive in presenting evidence, bases, and arguments in their submitted documents by understanding the contents and deadlines of a timetable.

The panel will enter the internal discussion phase (deliberation) following the hearings to evaluate the assessment of relevant legal and practical issues in accordance with WTO regulations. The deliberation must be kept secret. The parties to the dispute were not present when these reports were written; rather, they were written based solely on the information that was provided and the remarks that were made earlier. Individual assessments of hearers introduced in a board report will exclude the names of speakers of such sentiments.

Within two weeks of the panel's conclusion of the mid-term review, the final report will be sent to the dispute parties. Regularly, every report of the board has extremely huge substance, to work with the investigation of audit by the redrafting body and to cite case regulation, the report should show the chapter by chapter list and sections which are discrete numbered in the request for the report. After the DSB adopts a panel report, the dispute resolution process will immediately proceed to the implementation stage if there is no appeal. The case will be reviewed at the appellate level if there is an appeal.

As a member of the World Trade Organization, Vietnam must be well-versed in the dispute resolution process and fully prepared for disputes with other WTO members in international trade disputes.

ANT Lawyers have Litigation and Dispute lawyers in Hanoi, Da Nang and Ho Chi Minh City that help clients dealing with dispute resolution and alternative dispute resolution in Vietnam.

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Why Client Should Retain Real Estate Dispute Lawyers in Vietnam?

Why Client Should Retain Real Estate Dispute Lawyers in Vietnam?

Foreigners are becoming increasingly interested in investing and purchasing real estate as a result of changes in the law that are attracting foreigners to live and invest in Vietnam. However, the law regarding real estate ownership and transactions is complicated, particularly for foreigners, given that real estate is a valuable asset.

In Vietnam, the entire population owns land, with the State acting as the owner's representative and managing the land uniformly. Therefore, land users will have the right to use the land in Vietnam without private ownership. Foreigners are prohibited from owning land use rights in Vietnam under the Land Law of 2013. It only permits businesses with foreign investments to use land through leases or allocations.

According to the Law on Housing, foreigners are permitted to own homes in Vietnam even though they do not have rights to use land. Furthermore, the Law on Land Business has specific impediments for unfamiliar financial backers to direct land business in Vietnam and should meet the legitimate necessities.

To minimize risks, foreign investors investing in Vietnam who intend to use the land for business purposes, conduct real estate business in Vietnam, or simply purchase and own real estate in Vietnam should be aware of the legal provisions governing the conditions of implementation, orders, and procedures. In Vietnam, the assistance of real estate dispute lawyers will be valuable.

In Vietnam, real estate lawyers would be well-versed in the Land Law, Housing Law, Real Estate Law, and related regulations. In addition, they would have practical experience supporting real estate transactions, resolving disputes, and carrying out legal procedures in Vietnam. The real estate dispute lawyers in Vietnam could talk about the conditions for doing business in real estate and the restrictions on foreign organizations and individuals' land use rights in Vietnam. In order to better work with state agencies to obtain land use rights for businesses and individual home ownership rights, the foreigners could benefit from the assistance of lawyers upon request.

Real estate lawyers may also offer assistance with legal due diligence of the real estate in order to reduce clients' legal risk when carrying out real estate-related transactions like buying, selling, transferring, renting, and leasing. Before the developer and the people who are eligible to enter into the transaction, it is essential to evaluate the property's legal status, the owner, and whether the property is the subject of a dispute or additional government requirements. Likewise, the lawyers in Vietnam can encourage clients to draft or survey the arrangements, deal as well as the cycle to authorize the interaction to consent to the law in Vietnam.

ANT Lawyers, as a reliable law firm in Vietnam always follow up real estate dispute cases and their development to update clients on regular basis.

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Forms of Disputes and Methods of Resolution in Vietnam

Forms of Disputes and Methods of Resolution in Vietnam

Dispute in Vietnam could arise between parties to a business transaction, such as the government of Vietnam and foreign investors, or between nations implementing international treaties.

Vietnam's market economy developed in tandem with a significant increase in the breadth and depth of its economic ties, which have made Vietnam an important component of the global supply chain. Vietnam providers could offer the labor and products to the world and the unfamiliar provider could likewise trade their labor and products to Vietnam market. Further, as the Vietnam market opens up, unfamiliar financial backers could put through different types of interests in Vietnam for example gain values in Vietnam organizations, lay out business inVietnam. Disputes that have grown in size and complexity during this process are an inevitable outcome.

The majority of people should agree that disagreements should be interpreted as disagreements, inconsistencies, or conflicts of interests, rights, and responsibilities between parties in economic relations at various levels. Accordingly, economic disputes can have the following basic forms:

-Disputes in business are between the participants in a business transaction including investments, production to consumption of products or performance of services on the market for profit purposes i.e. professional and product liability, debt disputes over a business transaction, franchise disputes, intellectual property disputes, and disputes over contract for supply of goods or services…

-Disputes between foreign investors with Vietnam government agencies, arising in the implementation of the BTO, BT, BOT, and the implementation of international agreements on promotion and protection bilateral and multilateral investment i.e. government policy and policy measures, concession to water and sewerage, power or energy supply, project or contract payment…

-Disputes between countries in the implementation of the international bilateral and multilateral agreements.

After taking into account a variety of factors, including cost, time, and the complexity of the disputes, the parties involved in disputes in Vietnam may consider resolving the issues through negotiation, mediation, arbitration, or litigation. In Vietnam, a litigation law firm with skilled dispute lawyers in Hanoi, Danang and Ho Chi Minh City should be consulted for appropriate dispute resolution advice.

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How do I establish company in Vietnam?

How do I establish company in Vietnam?

To establish a limited liability company, joint stock company or partnership company in Vietnam, foreign investors may invest 100 percent of their capital.

To receive investment registration certificates, first-time foreign investors in Vietnam must have investment projects and complete investment registration or examination procedures at state investment agencies. Business registration certificates and investment certificates must be issued simultaneously. Since the investment certificate was issued, a company with entirely foreign capital has been in existence.

A project dossier to establish company in Vietnam shall comprise:

-Registration/Request for issuance of Investment Certificate;

-A report on financial capability of the investor;

-Draft of the company’s charter;

-List of members of company;

-Copy of the people’s identity card, passport or other lawful personal certification, for individual members;

-Copy of the establishment decision, business registration certificate or other equivalent document, for member organizations;

-Copies of the authorization document, the people’s identity card, passport or other lawful personal certification, for authorized representatives.

-Copies of the business registration certificates of the foreign member organizations must be authenticated within three months before the date of submission of the business registration dossier by agencies where such organizations are registered;

-Written authorization of the investor in case investor is organization and valid copy of the lawful personal certification of the authorized representative. Documents in foreign languages must be translated into Vietnamese, notarized and legalized;

-The joint-venture contract or Business Cooperation Contract (BCC);

-Other documents required by Vietnam law.

Starting a business in Vietnam would take anywhere from 30 days. The additional time may be required on the off chance that the venture region is contingent or the State government necessities to look at the speculation project. In some investment projects, minimum capital, special licenses, or other conditions may be required.

ANT Lawyers would like to assist you in establishing a business in Vietnam. We have staffs that are highly skilled and have a lot of experience with foreign investment.

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How Dispute Lawyers in Hanoi Could Help?

How Dispute Lawyers in Hanoi Could Help?

ANT Lawyers – A law firm in Vietnam, could assist clients on dispute resolution matters throughout Vietnam.

We have dispute lawyers in Hanoi who are qualified and have experience helping clients resolve disputes in Vietnam.

We have represented clients in disputes involving a variety of industries, including disputes involving international trade, commercial transactions, partnership or shareholder agreements, property sales and purchases, real estate, intellectual property, banking and finance, and maritime matters.

We are able to provide our clients with appropriate and adaptable solutions to their problems thanks to our knowledge, experience, and comprehension of Vietnamese culture. Our dispute lawyers in Hanoi also help clients through the various stages of litigation at Vietnam's national or provincial courts, arbitration centers, and courts of appeal.

Our dispute attorneys in Hanoi are well-trained and certified internationally in the US and EU, and they have adapted their skills to Vietnamese cultures to assist clients in resolving conflicts without a formal proceeding in order to save money, time, and maintain the relationship between the disputed parties. If it is at all possible, we recommend alternative dispute resolution, such as mediation.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

ANT Lawyers have litigation and dispute lawyers in Hanoi, that help clients dealing with dispute resolution and alternative dispute resolution in Vietnam.

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How to Resolve Disputes Settlement through Arbitration in Vietnam?

How to Resolve Disputes Settlement through Arbitration in Vietnam?

Arbitration, mediation, negotiation, and litigation are all methods of dispute resolution. In order to resolve disputes, a litigation dispute law firm in Vietnam needs dispute lawyers who have the expertise and experience necessary to resolve complex cross-border, commercial, and civil disputes.

Most business agreements could include a provision stating that disputes must be resolved through arbitration in the current business environment. A valid written arbitration agreement, either as an arbitration clause in a contract or a separate agreement, is required for a dispute to be referred to arbitration. The arbitration clause is treated as independent if it is included in a contract, and the arbitration clause's validity is unaffected by contract modifications, extensions, or terminations. As long as the parties clearly state their intention to resolve any dispute through arbitration, Vietnamese law permits a written arbitration agreement to take any form. The residing court is required to drop the case if a dispute falls within the scope of a valid arbitration agreement and a party attempts to initiate court proceedings. Additionally, the arbitration organization authorized to resolve disputes without supplemental agreement is not required to be specified in an arbitration agreement. Even if there is a valid arbitration agreement, the Vietnamese Arbitration Law states that a dispute must also fall into one of three categories before it can be arbitrated:

(1) disputes arising from “commercial activities”;

(2) disputes where at least one party is engaged in commercial activities;

(3) other disputes where the law stipulates that arbitration is a permissible means of resolution.

The definition of the term "commercial activity" in category (1) can be found in Commercial Law No. “activity for profit-making purposes comprising the purchase and sale of goods, provision of services, investment, commercial enhancement, and other activities for profit-making purposes,” according to 36-2005-QH11 (31 December 2005). Noncommercial disputes, such as civil disputes, in which at least one party is engaged in commercial activities, frequently fall into the second category. However, disputes between consumers and providers of goods or services do not fall under this category. The law stipulates that the party may select arbitration or litigation in this instance. The dispute cannot be arbitrated without the consent of the consumer, even if the agreement includes a standard arbitration clause in the contract for the supply of goods or services. Legislators have complete discretion over whether or not to expand or maintain the categories of disputes that can be resolved through arbitration. A dispute arising from investment activities governed by the Law on Investment is an illustration of a dispute in category (3).

Due to the fact that many businesses would rather avoid the high costs of litigation, arbitration has grown in popularity.

Arbitration lawyers in Vietnam at ANT Lawyers - a Vietnam law firm with accreditation in national and international arbitration practice can assist in providing clients with legal advice and guidance throughout the process of resolving disputes. The intervention attorneys could likewise exhort the clients on different issues from decision of authority, decision of assertion rules, specially appointed or institutional discretion, spot of mediation, implementation of arbitral honor.

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How to Establish a Business in Vietnam

How to Establish a Business in Vietnam?

Lately, Vietnam has turned into an appealing objective for unfamiliar speculation because of its benefits of safety, political soundness, and great geological situation to exchange with the world. This serves as both the gateway to the economies in the western Indochina Peninsula and the region's connection hub. In addition, in order to make it easier for foreign investors to begin doing business in Vietnam, the government of Vietnam has been increasingly implementing more preferential policies.

Investors in Vietnam must first select an appropriate type of business based on the number of capital contributors, amount of capital contributed, and purse size before starting a business in Vietnam. Foreign individuals and organizations are permitted to establish a limited liability company, joint stock company, partnership, or private enterprise under Vietnam law.

The business line is the next issue to take into consideration. The company must register the appropriate business lines related to business activities in order to continue operating. On the off chance that the chose line of business doesn't need conditions, the venture can go into activity after the foundation of the organization. The majority of businesses would engage in this non-conditional business activity. However, if the investor selects a conditional business line, the company must first meet the necessary requirements, submit an application for a business license in accordance with the requirements, and then begin operations. This is regarded as a conditional investment area, with restrictions such as a license requirement, minimum charter capital, and foreign ownership ratio...

Investors must also select a location for their business that is legally permissible for business operations. The address of the business must be on Vietnam's territory and meet the requirements of the business's purpose, such as not being in a dormitory or apartment building solely for living; The factory must be in the right area for business...

Newly established businesses must have their own proper name, which cannot be the same as or similar to a business that has already been registered in order to serve the management of the state and facilitate business activities. When naming an organization, businesses are not permitted to use the names of functional agencies or state management agencies. The proper name and type of business must be included in the business's name. Businesses can use abbreviations or English names to avoid competing with other businesses. However, they must ensure that the company name does not create confusion by not including any cultural symbols, prefixes, or suffixes.

In Vietnam, investors must apply for an Investment Registration Certificate at an appropriate authority. All projects wishing to establish a new legal entity in Vietnam must go through this procedure. Depending on the project, an investment certificate application takes about 30 days to process. Foreign individuals and businesses must prepare an application for an Enterprise Registration Certificate at the Department of Planning and Investment within seven days of receiving an Investment Registration Certificate. The enterprise now possesses legal status in accordance with the provisions of the Vietnam Law on Enterprises.

The company could perform monthly compliance services on its own or with the assistance of professionals, such as submitting foreign labor reports, investment reports, tax reports, and health and insurance reports to authorities in order to avoid penalties from the start.

ANT Lawyers is a law firm in Vietnam that will always contact the authorities to obtain legal updates on issues pertaining to investment registration or conducting business in Vietnam.

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