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stop-check Fees for registration of codes and barcodes shall be reduced 50%

Circular No. 45/2020/TT-BTCstatus1 dated May 26th, 2020 of the Ministry of Finance providing for collection rates, payment of fees for registration (certification) of foreign codes and barcodes and industrial property fees
VietlawOnline

Fees for registration of codes and barcodes as prescribed in Circular No. 232/2016/TT-BTC shall be reduced 50% from May 26th, 2020 to December 31st, 2020. Read more

This Circular takes effect from May 26th, 2020 to the end of December 31st, 2020.

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blue-check Regarding use of foreign codes for exported goods

Official letter No. 1493/BKHCN-TDC dated May 25th, 2020 of the Ministry of Science and Technology regarding use of foreign codes for exported goods
VietlawOnline

Aiming to remove difficulties in the use of foreign codes, barcodes for exported goods, the Ministry of Science and Technology accepts authorization evidence provided in these forms: Read more

- Written authorization or letter of authorization, also including Email;

- Processing contract;

- Other internationally recognized forms of authorization.

Exporting enterprises have to sign and seal in the aforesaid forms of authorization evidence and shall be responsible for their accuracy.

According to Official letter No. 2417/TCHQ-ĐTCBLstatus1 dated April 16th, 2020 of the General Department of Vietnam Customs, the act of self attaching foreign barcodes on exported goods shall be subject to a fine up to VND 20 million.

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blue-check Amendments to regulations on supervision and handling goods infringing intellectual property rights

Circular No. 13/2020/TT-BTC dated March 6th, 2020 of the Ministry of Finance on amendments to Circular No. 13/2015/TT-BTCstatus2 dated January 30, 2015 on inspection, supervision and suspension of customs procedures for imports and exports that are subject matters of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights
VietlawOnline

According to the amendments at this Circular, applications for supervision/suspension of customs procedures for exports and imports that are subject matters of intellectual property rights (IPRs) must be submitted online. Read more

It is required to attach a receipt of payment of customs fees as prescribed at Circular No. 274/2016/TT-BTCstatus1 upon submission of applications for supervision/suspension of customs procedures for exports and imports that are subject matters of IPRs.

If it is required to extend the deadline for supervision of goods that are subject matters of IPRs, the IPR holder or legal authorized person shall submit the application to the General Department of Customs 20 days before the expired date.

If it is found that exports and imports are suspected of being counterfeit, the competent authority shall immediately take preventive measures as according Article 119, Article 125 of the Law on Penalties for Administrative Violations.

This Circular takes effect from April 20th, 2020.

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red-check Regarding penalties for imports committing regulations on labeling

Official letter No. 763/TCHQ-PCstatus2 dated February 11th, 2020 of the General Department of Vietnam Customs regarding guidelines on handling imports committing regulations on labeling
VietlawOnline

Currently, sanction on imports which commit regulations on labeling shall comply with these regulations: Read more

- If the imports do not have labels, the penalties shall be carried out according to Clause 7 and point b Clause 12 Article 14 of Decree No. 127/2013/ND-CPstatus1 (amended at Decree No. 45/2016/ND-CPstatus1 )

- If the imports are not presented sufficiently the required information, the penalties shall be carried according to point a Clause 1, Clause 2 Article 31, Article 37 and Clause 4 Article 42 of Decree No. 119/2017/ND-CPstatus2 .

Notably, with regard to imports without labels, they must be removed from Vietnam or must be re-exported within 30 days from the day on which the decision on penalty imposition is received.

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blue-check Intellectual property strategy by 2030

Decision No. 1068/QD-TTg dated August 22nd, 2019 of the Prime Minister on approval for intellectual property strategy by 2030

This Strategy is to perform these objectives: Read more

- By 2030, Vietnam is expected to become one of leading ASEAN countries in creation, protection and exploitation of intellectual property rights

- Establishment of industrial property rights and plant variety rights should be made in a rapid, transparent and impartial manner to meet the needs of enterprises and the society

- New intellectual property assets of Vietnamese individuals and organizations will increase in both quantity and quality

- Use intellectual property will be more effective and the quantity of intellectual property -intensive products will increase significantly

This Decision takes effect from the date of its signing.

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blue-check Regarding withholding tax on incomes paid for use of foreign brand name

Official letter No. 8754/CT-TTHT dated August 19th, 2019 of the Department of Taxation of Ho Chi Minh city regarding withholding tax
VietlawOnline

According to guidelines at Official letter No. 15888/BTC-CST dated November 7th, 2016, in case a company imports goods and the amount paid for the goods also includes the amount paid for use of foreign brand name, the amount paid for use of foreign brand name shall be considered to be royalty and shall be subject to withholding tax. Read more

Before making payment, the company shall be responsible for withholding tax on the royalty according to the percentages as follows: 5% value added tax (VAT) and 10% enterprise income tax (EIT).

In which, the VAT paid on behalf of the foreign contractor shall be declared for deduction if the company meets the conditions provided at Clause 10 Article 1 of Circular No. 26/2015/TT-BTCstatus2 .

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blue-check How to present of quantities of goods on goods labels

Official letter No. 2297/TDC-QLCL dated August 1st, 2019 of the Ministry of Science and Technology regarding presentation of quantities of goods
VietlawOnline

According Section II Annex II of the Government's 43/2017/ND-CP, with regard to information about “quantities” of goods on goods labels, it is only required to present value of net weight or net volume of the goods. It is not required to present the phrase “net weight” or “net volume” on goods labels together with quantities of such goods.

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blue-check New guidelines on how to present goods labels

Circular No. 05/2019/TT-BKHCN dated June 26th, 2019 of the Ministry of Science and Technology detailing the implementation of a number of articles of the Government's Decree No. 43/2017/ND-CP dated April 14th, 2017 on good labels
VietlawOnline

This Circular provides guidelines in details on some regulations on labeling goods provided at Decree No. 43/2017/ND-CP, including: Read more

- How to distinguish between non-commercial container and commercial container;

- Location of a goods label;

- Language presented on a goods label;

- How to present name and address of an entity responsible for goods;

- How to present quantities, date of manufacture, expiry date, ingredients, specifications, warnings on a goods label;

- How to present on a label with regard to genetically modified food

- How to present on label of a household chemical.

According to Article 3 of this Circular, containers, cargo holds, tankers used for containing goods in bulk, goods in liquid or gas form shall be also considered to be “packaging”. Goods contained in such packaging shall not be labeled but it is required to have attached dossiers, documents which fully present the mandatory information on the goods label.

Regarding location of labeling, the mandatory information must not be concentrated on the label, it may be presented at other places of the goods provided that such places are easily visible. For example, the frame number of a motorbike is stamped on its chassis or the Vm number of a car is engraved directly on its body; Date of manufacture, expiry date may be pre-printed on a bottle’s bottom or body.

For goods which have both primary container and secondary container, if the goods are not retailed, the goods label must only be fastened on the secondary container. If the goods are retailed, it is required to fully label on the secondary container and the primary containers.

Regarding name and address of entities responsible for goods, it is not allowable abbreviating proper names and geographical names (except for administrative units).

For goods imported for sale in Vietnam, their labels must fully show name and address of the manufacturer and name and address of the importer.

If the goods are portioned, extracted, refilled, or repacked, it is required to present date of manufacture, date on which the goods are portioned, extracted, refilled, or repacked, and expiry date.

This Circular takes effect from January 1st, 2021.

This Circular replaces Circular No. 09/2007/TT-BKHCNstatus1 dated April 6th, 2007 and Circular No. 14/2007/TT-BKHCNstatus1 dated July 25th, 2007.

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blue-check Fee for intellectual property protection: VND 200,000/application

Notification No. 4769/TB-TCHQ dated August 14th, 2018 of the General Department of Vietnam Customs on collection of fees for customs inspection and supervision of imported and exported goods subject to intellectual property protection requirements
VietlawOnline

According to this notification, before submitting the application for intellectual property protection for imports and exports, enterprises have to pay fee to customs authorities in order to serve inspection and supervision activities . Read more

Fee rate is VND 200,000 per an application, applicable from April 14th, 2018, shall be paid to account of each customs authority.

Customs inspection and supervision fees which have already been paid shall not be reimbursed in the event of refusal of the application for customs inspection and supervision as provided by regulations in force.

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blue-check Regarding customs procedure for protection of imports and exports

Official letter No. 2464/GSQL-GQ4 dated August 9th, 2018 of the General Department of Vietnam Customs regarding protection of business right towards trademarks
VietlawOnline

Under this Official letter, in case an enterprise wishes customs authority to apply measures of inspection, supervision, suspension of carrying out of customs procedure with regard to imports, exports that are required the protection of intellectual property right, it shall carry out according to Section 8 of the Customs Law 2014 and Circular No. 13/2015/TT-BTCstatus2 .

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