Vietnam to Initiate the Investigation of Imposing Anti-dumping Measure to HFCS (AD11)

On June 29th 2020, Minister of Ministry of Industry and Trade signed the Decision No. 1715/QD-BCT regarding the Investigation of imposing Anti-dumping measure to some High Fructose Corn Sweetener Products with the HS Code of 1702.60.10 and 1702.60.20 from People’s Republic of China and Republic of Korea (Case AD11). Related parties may by themselves or authorize to experienced law firm in Vietnam on international trade to work with Trade Remedies Authority of Vietnam to cooperate.

Background

May 21 2020, Trade Remedies of authority of Vietnam (TRAV), Ministry of Industry and Trade received the dossiers on requesting the anti-dumping measure to some High Fructose Corn Sweetener Products with the HS Code of 1702.60.10 and 1702.60.20 from People’s Republic of China (China) and Republic of Korea (Korea).

The requester is the representative of domestic of refined sugar industry, includes six (06 companies: (i) Son La Sugar Joint Stock Company (ii) Lam Son Sugar Cane Joint Stock Corporation (iii) KCP Vietnam Industries Limited (iv) Can Tho sugar Joint stock Company (v) MK Sugar Vietnam Company Limited (vi) La Nga Sugar Cane And Sugar Joint Stock Company. In which, production of Requester and Supporter take 59,94% total similar production produced domestically and there is no domestic producer opposing the case.

The requester provided the reasonable bases for calculation of dumping margin originated from China and Korea. The requester provided the reasonable information to prove the significant damage of domestic industry. The requester’s dossier proved the existence of causal relationship between imported products and the significant damage of domestic industry.

Hence, TRAV determined dossier of the requester satisfied the law of anti-dumping and petition of Minister of Ministry of Industry and Trade.

Investigation’s details

-Products under investigation

Product’s name: High Fructose Corn Sweetener

Science name/English name: High-Fructose Corn Syrup

Common name: Tropicana slim, syrup sugar, corn sugar, corn syrup sugar, HFCS

The Ministry of Industry and Trade may amend and supplement the list of HS codes of the product under investigation in accordance with the description of the product under investigation and other changes (if any).

-Originated of products under investigation: China and Korea

*Period of investigation (POI)

*Period of investigation to determine the anti-dumping action: from April 1st 2019 to March 31st 2020

*Period of investigation to determine the damage of domestic industry:

*The first year: from April 1st 2017 to March 31st 2018

*The second year: from April 1st 2018 to March 31st 2019

*The third year: from April 1st 2019 to March 31st 2020

-Duty Levels Proposed by Requester:

China: 36,09%

Korea: 40,02%

-Register as related parties:

Pursuant to Article 6 of Circular No. 37/2019/TT-BCT, organizations and individuals stipulated in Article 74 of Law on foreign trade management can register as related parties in this case with TRAV in order to access to publicly circulated information during the investigation process, send comments, information and evidence related to the investigation content mentioned in this Notice according to form issued in Annex I of Circular 37/2019/TT-BCT and send them to TRAV within sixty (60) working days from the day on which the decision on investigation takes effect via post or email.

In order to ensure rights and interests, the investigating authority recommend that organizations and individuals which produce, import or use products under investigation register as related parties to carry out the right to access information, provide information and express opinions during the investigation process

Investigation Questionnaire:

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the Investigating Authority shall send the investigation questionnaire to the Related Parties, including:

-The applicant requests for application of Anti-dumping measures;

-Other domestic manufacturers which Investigating Authority knows;

-Parties requesting for application investigation of anti-dumping measures which Investigating Authority knows;

-Importers of products under investigation;

-Diplomatic authorities of the country where the origin of products under investigation;

-Other related

Cooperating in the investigation process

Any related party refuses to participate in the case or does not provide necessary evidences or significantly ​obstructs the completion of the investigation, the investigation conclusion regarding such relevant party shall be based on available information.

Any related party provides false or misleading evidences, such evidences shall not be reviewed and investigation conclusion regarding such relevant party shall be based on available information.

TRAV recommends that related party participate and cooperate fully in the process in order to ensure legitimate rights and interests.

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In The First Half of 2020, Foreign Investment in Vietnam Reached 15.67 Billion USD

In the first half of 2020, foreign investment in Vietnam reached 15.67 billion USD

Influenced by the Covid-19 pandemic, foreign investment in Vietnam continued a downward trend, reaching 15.67 billion USD in the first 6 months of 2020. However, the situation is gradually improving.

According to data from the Foreign Investment Agency (Ministry of Planning and Investment), as of June 2020, the total newly registered capital, adjusted and contributed capital to purchase shares of foreign investors reached 15.67 billion USD, equal 84.9% over the same period in 2019.

As such, the Covid-19 pandemic has continued to affect the flow of foreign investment into Vietnam.

Of the total nearly 16 billion USD of registered foreign investment in Vietnam in the first half of the year, 8.44 billion USD came from 1,418 newly registered projects, increase by 13.8% over the same period.

Besides, there were 526 turns of project registered to adjust investment capital, with the total additional registered capital of over 3.7 billion USD, increase by 26.8% over the same period.

Specifically, in June 2020, the whole country attracted 1.79 billion USD of newly registered capital, adjusted and contributed capital, bought shares of foreign investors, increase by 3.1% over the same period in 2019, an increase of 14.9% compared to May 2020 and accounted for 11.4% of total investment capital attracted in the first 6 months.

Some notable projects that have been granted investment certificates in the past 6 months are Bac Lieu LNG Plant Project – 4 billion USD; Southern Vietnam Petrochemical Complex Project (Thailand), adjusted to increase capital by 1,386 billion USD; Radian Jinyu Tire Manufacturing Factory (Vietnam) – 300 million USD…

Particularly in June 2020, a number of large projects were granted investment certificates. Of which, there are: Knitting Factory Project at Texhong Hai Ha Industrial Park – 214 million USD; USI’s factory in Vietnam (China) – 200 million USD…

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Lien Chieu Port Project Attractive to Investors

With the attention of many investors, Lien Chieu port project promises to attract large capital to build and form a large-scale logistics port in the Central of Vietnam and also attractive foreign investors to invest in Vietnam.

The Lien Chieu port project is being implemented by the Government and Da Nang City urged to speed up the implementation process. According to expert, the construction of Lien Chieu port could not be delayed any longer. Because Tien Sa port has been over 118 years, the life cycle is old and does not meet the demand for a large logistics port in the region.

Lien Chieu Port will have an area of about 220 hectares, of which 70% is for warehousing, the capacity of 3 phases is up to 2 million TEUs, general cargo is about 5 million tons. Lien Chieu Port serves not only cargo for Da Nang or neighboring provinces, but also the East-West economic corridor.

The total estimated investment is 3,426 billion VND for the shared infrastructure for Lien Chieu port project, in which the central budget accounts for 87.4% from the contingency of the Medium-term Plan for the period 2016 – 2020 and Medium-term Plan source for the period 2021 – 2025; the budget of Da Nang City is expected to contribute 12.6%; Da Nang has also arranged 30 billion VND capital plan for 2020.

Meanwhile, the call for investment in harbors, container yards, general warehouses, logistics areas, logistics facilities behind the port… is also receiving the attention of many investors. Recently, the Japan International Cooperation Agency (JICA) has proposed a grant of 50 million Yen (equivalent to 11 billion VND) to survey and collect Lien Chieu port development research data.

The research results are the basis for JICA to continue reviewing and supporting the Pre-Feasibility Study Report of Lien Chieu port project. Currently, many domestic and international investors are also interested in participating in the construction of Lien Chieu port such as T&T Group, Tan Cang Saigon, Boskalis Inter A.V Company (Netherlands) and Japanese investors.

Component 2 of Lien Chieu port project will be invested in the form of mobilizing and calling businesses to invest with appropriate sizes in planning and in each development stage. After completing the procedure, Da Nang city will organize bidding, open auction…

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How Mediation and Labor Arbitration Councils Work in Settlement of Labor Disputes?

During and after the Covid-19 pandamic, the financial health of enterprises have been negatively impacted leading to management’s decision to reduce cost through termination of labour contract with employee. The illegal termination of labour contract could lead to disputes between employer and employee which sometime would cost the employer more than it gains. It is important for the employer to engage with labour lawyers to consult before taking the decision to consider factors that would involve. After disputes arise, mediator or labour arbitration councils could be used for resolving disputes.

Individual labor disputes shall be settled through mediation by labor mediators before being brought to the Labor arbitration council or the Court, except for the following labor disputes which mediation is not mandatory: disputes over disciplining under dismissal or unilateral termination of employment contracts; disputes over damages and allowances upon termination of employment contracts; disputes between a domestic worker and his/her employer; disputes over social insurance in accordance with social insurance laws, disputes over health insurance in accordance with health insurance laws, disputes over unemployment insurance in accordance with employment laws; disputes over insurance for occupational accidents and occupational disease in accordance with occupational safety and hygiene laws; disputes over damages between an employee and enterprises, organization that dispatches the employee to work overseas under a contract; disputes between the outsourcing employee and the employer using outsourcing employee.

The mediator shall complete the mediation process within 05 working days from the receipt of the request from the requesting parties or the authority. Both disputing parties must be present at the mediation meeting. The disputing parties may authorize another person to attend the mediation meeting.

In case the two parties reach an agreement, the labor mediator shall make a written record of successful mediation which bears the signatures of the disputing parties and the labor mediator. In case the two parties do not reach an agreement, the labor mediator shall recommend a mediation option for the disputing parties to consider. Where the two parties do not agree with the recommended mediation option or where one of the disputing parties is absent for the second time without a valid reason after having been legitimately summoned, the labor mediator shall make a record of unsuccessful mediation which bears the signatures of the present disputing parties and the labor mediator.

The disputing parties shall be entitled to request the settlement from Labor arbitration councils in the following cases: a disputing party fails to perform the agreements specified in the record of successful mediation; mediation is not mandatory; the labor mediator fails to initiate the mediation by the deadline; the mediation is unsuccessful.

After the Labor arbitration council has been requested to settle a dispute, the parties must not simultaneously request the Court to settle the same dispute. If within 07 working days from the receipt of the request, an arbitral tribunal is not established; or within 30 working days from the establishment of the arbitral tribunal, it fails to issue a decision on the settlement of the labor dispute, parties shall be entitled to request the settlement from the Court. In case a disputing party fails to comply with the decision of the arbitral tribunal, the parties are entitled to bring the case to Court.

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In 6 Months, Da Nang Attracted Over 80 Million USD of FDI

In the first 6 months of 2020, Da Nang City has attracted over 13.2 trillion VND of domestic investment capital, more than 80.2 million USD of FDI in Danang.

According to Department of Planning and Investment of Da Nang City, although affected by the Covid-19 pandemic, the situation of attracting investment in the city achieved positive results.

Accordingly, in the first 6 months of 2020, Da Nang has attracted more than 13.2 trillion VND of domestic investment capital, more than 80.2 million USD of FDI capital. In particular, the investment capital for projects outside the Industrial Park has increased to a record, only 4 projects with a total capital of over 10.8 trillion VND, increase by nearly 600%. So far, Da Nang city has 337 domestic investment projects with a total capital of over 115 trillion VND, 855 FDI projects with a total capital of over 3.4 billion USD.

Set-up company in Da Nang

Real estate lawyers in Da Nang

According to Director of Planning and Investment Department of Da Nang, the above result is thanks to the city has well implemented the disbursement of public investment, implemented many motivational infrastructure projects. With more than 12.4 trillion VND of public investment approved for 2020, Da Nang has issued a series of policies to remove obstacles in terms of ground and procedures. A series of motivational projects have been implemented such as roads and bridges crossing Co Co River, West Ring Road 2, Eastern Son Tra district water environment improvement project, Hoa Lien water plant, project to renovate the cluster of intersections west of Tran Thi Ly bridge, Center for neurosurgery, trauma and plastic burns i- Danang Hospital…

Da Nang City has also granted investment certificates for the project of manufacturing synthetic rubber specialized for machine manufacturing, electricity and electronics, Table Table Asia management consulting project, Ubisoft Viet Co., Ltd, Kansei Kindergarten in Danang.

Da Nang City is currently promoting major projects such as Bilingual Intermediate School, International Center for Diagnosis and Treatment, International Hospital for Cancer and Infertility, Getaway Complex with investment of 2 billion USD, Downtown Duty Free project… While also dealing with problems related to procedures of land allocation and land lease related to the Nam O Ecological Tourism projec; Extending the implementation schedule of the FPT Urban Area project; Vinacapital Danang Golf Course project…

In the coming time, Da Nang will focus on organizing well the Investment Forum, expected in September 2020. The city will also promote investment in the form of online, maintain connection with international organizations such as JETRO, KOTRA, AMCHAM, AUSCHAM, SBF, IE Singapore, AHK… to connect businesses, cooperation on investment promotion. The investment attraction orientation of Danang in the coming time will be directed at large, high-tech, modern, environmentally friendly multinational corporations.

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Wind Power: The Inevitable Trend of Sustainable Development

With the increasing demand for electricity, Vietnam is also gradually considering investing in renewable energy, including wind power as the key to addressing energy security, contributing to the realization of the country’s green development strategy.

Energy is one of essential human needs and an indispensable input of economic activity. As the living standards of the people are improving, the level of production of the economy is more modern, the demand for energy is also growing, and satisfying this demand is a real challenge for almost every country.

The race to exploit fossil fuels at all costs of human beings is reaching the limits of nature’s endurance, causing polluted living environments, climate change, causing unrest for the welfare of the community and become one of the global non-traditional security issues, threatening the survival of humanity.

Being aware of that, many countries around the world have been switching from fossil fuel to renewable energy for sustainable development. In many areas, power source from renewable energy projects is equivalent to those from fossil fuel projects, breaking the threshold that we believed to be impracticable.

Currently, in Europe, nearly 50% of new power development projects are wind power projects. In China – the most populous country, in March 2017, the Government shut down its last coal-fired power plant in Beijing to switch to renewable and gas electricity and.

According to the IEA latest report, globally, in 2016, investments in wind and solar power have doubled investments in fossil-fuel power. Furthermore, it is estimated that wind, solar and gas powers will completely replace coal power in the next 25 years.

In Vietnam, the development of the economy has made demand for electricity surge while supply capacity has not developed in time. The Ministry of Industry and Trade has forecasted that average electricity production growth rate of Vietnam in the period 2016 – 2020 is 10.7% per year and the period 2021 – 2025 is 8.6% per year.

Therefore, the Government of Vietnam considers the exploitation and utilization of renewable energy resources have special and strategic meaning in terms of socio-economic, national security and defense, energy security, sustainable development and minimizing environmental impact.

Most experts said that Vietnam has enormous potential for wind power. According to a study by the World Bank, Vietnam has the largest wind energy potential in the region, surpassing Laos, Cambodia and Thailand.

Accordingly, Vietnam’s wind reserve is estimated at 513,360 MW, more than 6 times the estimated total capacity of the electricity sector by 2020. The World Bank study also showed that 8.6% of Viet Nam’s land area is very potential, convenient for the installation of large wind turbines. The corresponding figure of Cambodia is 0.2%, Laos is 2.9% and Thailand is 0.2%.

Understanding the general trend of the world as well as encouraging investment incentives of the Government, about 50 wind power projects have been registered for investment in Vietnam and there are 4 projects with total capacity of 159.2 MW has gone into commercial operation.

Most recently, the Phuong Mai 3 Wind Power Project in Nhon Hoi Economic Zone (Quy Nhon – Binh Dinh), has a capacity of 21 MW – 28 MW, including 14 turbines with a total investment of 40 – 50 million USD are invested by HALCOM Company and its international partners. With an area of 140 hectares, the project is expected to supply about 72 million kWh of electricity per year and reduce emissions by 40,000 tons of CO2 per year. According to representatives of HALCOM, the project will be implemented in 2017 – 2018. Once completed, the estimated revenue can reach 150 billion VND per year.

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