Know how

Local Companies Required to Use National Domain Name

On 1 April 2022, the Ministry of Commerce (“MOC”) and the Ministry of Posts and Telecommunications issued Joint Notification 0837 setting out requirements for locally registered companies to use a level 2 national domain name “.com.kh” and e-mail address with level 2 national domain name “.com.kh”.

Uncertainties regarding merger filing involving regulated companies in Vietnam

Article 13 of Decree 35/2020 sets out two different sets of merger filing thresholds; the two sets of different merger filing thresholds give rise to various uncertainties for a M&A transaction involving a Special Company.

Is the list of related persons of a Vietnamese joint stock company expanded?

When determining who is a related person of a non-public joint stock company (JSC), as a routine, one would turn to Article 4.23 of the Enterprise Law 2020. Article 4.23 lists out the related persons of a company. However, Article 167.1 suggests that the list of related persons under Article 4.23 might not be exhaustive.

Invitation for Bids to Conduct Feasibility Study for New Global Trade Port in Mon State

On 24 May 2022, the Port Authority of the Ministry of Transport and Communications issued an invitation for bids to be submitted to conduct a feasibility study for the construction of a new international port terminal (“Project”) in Mawlamyine district of Mon State on the western coast of Myanmar’s southeastern peninsula.

Vietnam: New conditions for implementing industrial park infrastructure projects

In this update: 1) New air services priced by the Ministry of Transport, and 2) New conditions for implementing industrial park infrastructure projects.

Vietnam: Notice on mortgage over receivables in Vietnam

A mortgage over receivables (thế chấp khoản phải thu) is a very common type of mortgage in Vietnam. Article 33 of Decree 21/2021 provides that a mortgage over receivables does not require a consent by the obligor but such person must be notified by the secured party to know before implementing the obligations.

Is M&A Approval Required For A Foreign Investor Buying Secondary Shares In A Vietnamese Securities Company?

The Securities Law 2019 removes the requirement for approval by the State Securities Commission (SSC) for transactions involving 10% or more of the Charter Capital of a Vietnamese securities company. Only a private placement of shares by a securities company is subject to SSC’s the approval. It is unclear if M&A Approval is required where a foreign investor acquires secondary shares in a Vietnamese securities company.

Vietnam’s International Commitments in Data Privacy

To finish our long review of data privacy regulations in e-commerce, including data localization and cybersecurity issues, this post shares our overview of relevant commitments in these areas in international agreements to which Vietnam has recently become a member.

New requirements for trading of privately placed corporate bonds

Draft Decree 153 aims to further strengthen the legal framework for a viable, transparent and effective corporate bond market. However, in its current form, the draft decree could impede the trading of corporate bonds for both issuers and investors.

Extending the deadline for special consumption tax payment for automobiles manufactured or assembled locally

On 21 May, the Government issued Decree 32/2022 to extend the special consumption tax (“SCT”) payment deadline for locally manufactured or assembled automobiles, applicable for the period from June to September 2022. Decree 32/2022 takes effect from the signing date to 31 Dec 2022.

Vietnam Customs & Global Trade Update | May 2022

In this update: 1) Guidance on trade remedies under The Regional Comprehensive Economic Partnership Agreement (RCEP), 2) Applying the special consumption tax (SCT) from 1 March 2022, 3) Customs procedures on goods exported from a Bonded Warehouse (BW), and 4) VAT refunds and export duty applicable.

Myanmar: Tender Bid Submission in Oil & Gas Sector

The Myanmar Ministry of Energy has issued two invitations for sealed bids to be submitted to function as an operator and shareholder in the Yetagun Project on a production-sharing contract basis and a petroleum operator for the Htaukshabin-Kanni Oil Field onshore oil fields.

Vietnam: New Circular supporting small and medium innovative businesses; Supporting loans of 2% per year

In this update: 1) New Circular supporting small and medium innovative businesses, 2) Supporting interest rate of 2%/year from the state budget with loans from businesses

Vietnam Legal Updates - Vol. 41: Finalizing a Decree on customs management with goods transacted via e-commerce

In this update: 1) Suspension of Covid-19 test requirements before entering Vietnam, 2) Preventing tax loss in real estate transfer, 3) Finalizing a Decree on customs management with goods transacted via e-commerce

Vietnam Legal Updates - Vol. 40: Guidance on business conditions for rooftop solar power

In this update: 1) Guidance from the Ministry of Industry and Trade to business conditions for rooftop solar power, and 2) Draft Decision on piloting the direct trading mechanism between renewable energy generators and large electricity clients

Vietnam: Ministry of Finance issues Letter on combating tax loss in business activities and real estate transfer

In this update: 1) Temporarily suspending medical declaration for people entering Vietnam, 2) The Ministry of Finance issued Official Letter 3849/BTC-TCT on combating tax loss in business activities and real estate transfer.

Vietnam Weekly Update - 12 May 2022

Cập Nhật Hàng Tuần Việt Nam - 12 Thang 05 2022

In this update: 1) Guidance on the implementation of business investment projects, and 2) Frequently asked legal questions category

New Resolution Loosening Employees' Overtime Cap

To support enterprises to deal with the labor shortage during the Covid-19 pandemic, on 23 March 2022, the Standing Committee of the National Assembly of Vietnam passed Resolution 17 to loosen the overtime limit of employees as compared to the Labor Code 2019.

Sending of notices under VIAC’s rules

A party to an arbitral proceedings under VIAC’s Rules must send its notice and other submission to VIAC which will then forward the notice and submission to the other parties to the proceeding.

Requirement for contracting parties’ consent in case of de-merger of a Vietnamese company

In the case of a de-merger of a Vietnamese company, must the remaining company comply with the procedures for transferring contractual rights and obligations under the Civil Code 2015 including obtaining consents from its contracting parties?