Tuesday, November 9, 2010

Business tycoon sues province for taking back leased villas

Business tycoon sues province for taking back leased villasOne of Vietnam’s richest businessmen on Monday filed a lawsuit against the Finance Department in Lam Dong Province for taking back 11 villas that he said his company had leased to build a resort.

Doan Nguyen Duc, chairman of Hoang Anh Gia Lai Group, told local news website VnExpress that he was “shocked” when the authorities of the central highlands province made the decision.

“It’s funny because the 11 villas were taken back while my down payments for land clearance so far have been ignored,” he said.

According to Hoang Anh Gia Lai, the company began to pursue a plan to develop 20 old villas in the resort town of Da Lat into a four-star resort in 2002. It signed a contract with Lam Dong Province Finance Department to lease the properties, with a total area of nearly 46,000 square meters, for 50 years.

Fifteen of the villas were transferred to the company and construction work was finished on eight of them, Duc said.

The province, however, decided to take back 11 of the villas in September last year and assigned them to another company in Ho Chi Minh City.

Lawyer Le Thi Hoai Giang, legal representative for Hoang Anh Gia Lai, said the company demands that the Lam Dong Province's Finance Department fulfills its contract. In case the contract is terminated by the department, all financial obligations have to be paid, she said.

Director of the Finance Department, Nguyen Van Yen, told VnExpress that the decision to take back the villas was made “in accordance with legal regulations.”

Yen said the resort project was delayed and the conditions of the villas had deteriorated.

The villas were supposed to be put into business no later than 12 months after their transfer. However, some of them had been left untouched for nearly three years, Yen said.

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Business tycoon sues province for taking back leased villas

Business tycoon sues province for taking back leased villasOne of Vietnam’s richest businessmen on Monday filed a lawsuit against the Finance Department in Lam Dong Province for taking back 11 villas that he said his company had leased to build a resort.

Doan Nguyen Duc, chairman of Hoang Anh Gia Lai Group, told local news website VnExpress that he was “shocked” when the authorities of the central highlands province made the decision.

“It’s funny because the 11 villas were taken back while my down payments for land clearance so far have been ignored,” he said.

According to Hoang Anh Gia Lai, the company began to pursue a plan to develop 20 old villas in the resort town of Da Lat into a four-star resort in 2002. It signed a contract with Lam Dong Province Finance Department to lease the properties, with a total area of nearly 46,000 square meters, for 50 years.

Fifteen of the villas were transferred to the company and construction work was finished on eight of them, Duc said.

The province, however, decided to take back 11 of the villas in September last year and assigned them to another company in Ho Chi Minh City.

Lawyer Le Thi Hoai Giang, legal representative for Hoang Anh Gia Lai, said the company demands that the Lam Dong Province's Finance Department fulfills its contract. In case the contract is terminated by the department, all financial obligations have to be paid, she said.

Director of the Finance Department, Nguyen Van Yen, told VnExpress that the decision to take back the villas was made “in accordance with legal regulations.”

Yen said the resort project was delayed and the conditions of the villas had deteriorated.

The villas were supposed to be put into business no later than 12 months after their transfer. However, some of them had been left untouched for nearly three years, Yen said.

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Shippers council says will charge at ship-owners over fees

HCMC - Vietnam Shipper’s Council said it would step in to settle complaints by Vietnam goods owners who are being imposed “unreasonable charges” on their products in many ports across the country.

Tran Duc Minh, head of the council, told the Daily on the phone on Monday that he was gathering opinions of shippers and would organize a meeting in September with ship-owners as well as port operators in big cities to solve the matter. Details of the meeting have not been revealed yet.

From September, garment and textile exporters shipping goods through Hai Phong Port have had to pay congestion charges amounting up to US$100 per container imposed by ship owners. Local exporters disagree with the charge as their shipments have got stuck on the site due to bad infrastructure rather than their faults.

The Vietnam Textile and Apparel Association have then required the Vietnam Chamber of Commerce and Industry to help remove the congestion charge as well as to find long-term solutions for the matter.

Many importers and exporter have long questioned the “unreasonable charges” when shipping goods to foreigner buyers. Among the charges is the Terminal Handling Charge (THC) imposed by international ship-owners associations since mid July 2008 on exported goods, which has stoke tension among exporters.

According to local exporters, it is their foreigner trade partners who must be responsible for the payment as they hire the ships.

Under prevailing trade practices in Vietnam, local enterprises often import goods under the mode of CIF (cost, insurance and freight price) and export goods on FOB (free on board), which means foreigner buyers have to bear all costs and risks of loss of or damage to the goods onboard the ship.

However, many international ship owners have required local enterprises to pay for the THC charge, which is up to US$140 per container.

According to shippers, they have to bear too many unreasonable charges imposed not only by ship-owners but also by port operators. Those overheads will add to their transport cost and consequently reduce their profits.

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Fish exporter flags U.S. court action on antidumping tariff

HCMC – Dong Thap-based Vinh Hoan Joint Stock Company said that it may file a lawsuit against the United States Department of Commerce (DOC) if the company’s tra fish exports to the US incur anti-dumping duties.

The Vietnamese company made the announcement on its website at www.vinhhoan.com.vn on Sunday, five days after DOC made a preliminary decision on anti-dumping tariffs on Vietnamese seafood shipped stateside.

According to the decision after the sixth administrative review, Vinh Hoan would incur anti-dumping duties on exports to the U.S. from August 1, 2008 to July 31, 2009. The company had, however, been exempt from anti-dumping duty in the fifth DOC review.

A source who requested anonymity told the Daily that anti-dumping tariffs imposed on products of some Vietnamese seafood exporters may range from 0% to 136%. The source said DOC, in this review, used third-country market Philippines instead of Bangladesh as a benchmark for determining the anti-dumping margins for Vietnamese tra fish, resulting in the increase in the tariffs.

Despite the bad news, Nguyen Ngo Vi Tam, deputy general director of the company, still seemed optimistic, saying there was still a chance for change because the decision was preliminary not final.

According to a representative of the Vietnam Competition Authority (VCA), an agency under the Ministry of Industry and Trade, the decision is made by DOC, so it’s legal for a company that is imposed an anti-dumping tariff to file a lawsuit against the authority to the US court.

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Monday, November 8, 2010

Fish exporter flags U.S. court action on antidumping tariff

HCMC – Dong Thap-based Vinh Hoan Joint Stock Company said that it may file a lawsuit against the United States Department of Commerce (DOC) if the company’s tra fish exports to the US incur anti-dumping duties.

The Vietnamese company made the announcement on its website at www.vinhhoan.com.vn on Sunday, five days after DOC made a preliminary decision on anti-dumping tariffs on Vietnamese seafood shipped stateside.

According to the decision after the sixth administrative review, Vinh Hoan would incur anti-dumping duties on exports to the U.S. from August 1, 2008 to July 31, 2009. The company had, however, been exempt from anti-dumping duty in the fifth DOC review.

A source who requested anonymity told the Daily that anti-dumping tariffs imposed on products of some Vietnamese seafood exporters may range from 0% to 136%. The source said DOC, in this review, used third-country market Philippines instead of Bangladesh as a benchmark for determining the anti-dumping margins for Vietnamese tra fish, resulting in the increase in the tariffs.

Despite the bad news, Nguyen Ngo Vi Tam, deputy general director of the company, still seemed optimistic, saying there was still a chance for change because the decision was preliminary not final.

According to a representative of the Vietnam Competition Authority (VCA), an agency under the Ministry of Industry and Trade, the decision is made by DOC, so it’s legal for a company that is imposed an anti-dumping tariff to file a lawsuit against the authority to the US court.

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An Giang Plan Protection to list on bourse next year

HCMC – An Giang Plant Protection Joint Stock Company, one of the country’s leading producers of agricultural drugs, is on process to trade shares on the Hochiminh Stock Exchange, said the company’s chairman and CEO.

Huynh Van Thon said that the firm was finalizing procedures to trade shares on the southern bourse and expected to officially get listed next February.

The company has chartered capital of VND310 billion, with a 30% stake held by the State Capital Investment Corporation (SCIC). The company has plans to double its chartered capital this year.

At this time, the company’s share on the OTC market is traded about VND70,000-80,000.

Last year, the firm obtained a pre-tax profit of VND390 billion. It’s annual target set pre-tax profits at VND290 billion for this year, but the company’s CEO said the figure would reach VND320 billion.

At this time, the company is pursuing two projects, one being to purchase rice from farmers and the other aimed at leasing 10,000 hectares of land in Cambodia for biotechnology research. These two projects are part of its long-term strategy of providing a plant protection package solution for farmers from soil, seed, to collecting and processing rice.

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Market drops below 450 points

Investors watch stock prices at Vincom Securities Co. The VN-Index fell 4.12 points, or 0.91%, from the previous session to close at 447.27 on Monday - Photo: Le Toan
HCMC – The local market opened the week down on Monday following a sharp decline late last week, with the VN-Index losing 4.12 more points, or 0.91%, from the previous session to close at 447.27.

Liquidity on the southern bourse also declined with 46.3 million shares worth VND1.1 trillion traded, decreasing by 12.6% and 16% against the previous day respectively. Investors bid for 79 million shares, almost on a par with the amount on offer at 79.6 million shares, the latter contracting by a quarter.

The market opened briefly higher before starting to slide and fell back to hit the daily low of 442.43 by the middle of the continuous matching phase. It then rebounded somewhat but still closed in the red.

The market saw 43 stocks advancing while 169 others losing grounds, of which six stocks closed at the ceiling prices and 48 others plunged to the floor prices.

Viet-Han Corp. (VHG) became the most actively traded stock but it dropped to the floor price of VND20,900 per share on the volume of 1.5 million shares, followed by Investment and Trading of Real Estate Co. (ITC), which also lost 4% against the previous day to VND23,900 with 1.4 million shares changing hands.

Foreigners were still strong net buyers, acquiring 3.5 million shares worth VND120 billion and offloading 1.4 million shares worth VND49 billion. They accounted for 10.7% and 4.4% of the market’s buying and selling value respectively.

Meanwhile, the Hanoi market tumbled again on Monday in much lower turnover of VND890 billion. The HNX-Index lost 2.93 points, or 2.23%, against the previous day and ended the day at 128.22.

Only 47 stocks increased while 253 stocks declined, including three stocks hitting the ceiling prices and 32 stocks dropping to the floor. Foreigners shifted to the buying side as well, accounting for 0.6% of the buying value and 0.32% of the selling value.

HCMC Securities Corp. in its comment on Monday said Decree 13 continued to dominate sentiment and investors were spooked on Monday by the rumor that the new regulations will be implemented without any delay and without adjustments.

“While the HNX-Index closed almost at its lowest level of the day, the VN-Index managed to stage a five-point rebound from its intraday low to the close, so there are still investors out there who are willing to take a longer term view and scoop up positions if prices fall too quickly. However, the situation remains fragile and sentiment can remain volatile in the immediate future,” it said.

“The rebound off the 442-point level on Tuesday could lead to slightly better sentiment in the very short term. But as long as the new banking regulations cause the volatility that we have seen over the past weeks, it will be hard to give any sort of indication for the direction of the index over the coming week,” the broker added.

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