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PDP VIII Updates, Developments on Solar and Wind Tariff Mechanism, and Police Investigation

DFDL Vietnam would like to share with you the most recent updates regarding the draft Power Development Plan (“PDP”) VIII, a mechanism for wind, solar power projects in transition and future, and the police investigation into 62 wind power projects.

Vietnam: Circular on the Rules of Origin under the ASEAN Trade in Goods Agreement

In this newsletter: 1) Circular on the Rules of Origin under the ASEAN Trade in Goods Agreement, 2) Circular 31/2022/TT-BCT promulgating of Vietnam's Nomenclature of Exports and Imports, and 3) Official Letter 2054/TCHQ-GSQL on usage of e-invoices for export goods

Customs and Global Trade Update | August 2022

In this update: 1) 2022 Nomenclature of exports and imports in Vietnam, 2) List of products under the management of the Ministry of Transport, 3) Quotas for textiles and garments exported to Mexico in 2022 under the CPTPP, and 4) Anti-dumping duty imposed on plastic products from Malaysia, Thailand and China.

Vietnam Updates from ADK - Vol 47, August 2022: New regulations on VAT refund for investment projects

In this update: 1) New regulations on VAT refund for investment projects, and 2) Officially reduce 10% of preferential import tax on gasoline products

Injection of increased capital into DICA of foreign invested companies in Vietnam after expiry of contribution time limit

This article will discuss whether the Investors can inject the increased charter capital (Increased Capital) into the DICA if the time limit for making the capital contribution under the IRC already expired.

Legal Framework On E-Learning Businesses In Vietnam

The recent years have witnessed a rapid growth of the e-learning market in Vietnam, especially since the Covid-19 outbreak. Despite that, a clear legal framework for e-learning business under Vietnamese laws is still unavailable. This post will discuss some legal issues concerning the provision of e-learning services.

GSM’s delegation to the Board under Vietnamese law

Under the law of Vietnam, it is unclear whether the General Shareholder’s Meeting (GSM) of a joint stock company (JSC) is allowed to authorise (or delegate) its power to the Board or to what extent can the GSM delegate its power to the Board, if the former is possible.

Stricter conditions for foreign borrowings by Vietnamese entities under draft circular

The State Bank of Vietnam is drafting a circular (Draft) to replace Circular 12 (2014) on conditions for enterprises to borrow foreign loans not guaranteed by the Government. The Draft has some remarkable changes to the conditions of foreign borrowings by Vietnamese companies and credit institutions, and generally will tighten such conditions.

Some thoughts on data localization

Vietnam has rigid requirements surrounding data localization, requiring data collectors to open a branch office or representative office and to refrain from transferring any data collected on Vietnamese citizens out of the country. This post discusses some of the benefits and drawbacks of these requirements.

Some Issues of Data Protection in International Websites

While Vietnam goes out of its way to keep a cultural and policy separation between itself and China, it remains associated with China from its geographical proximity and single party governance. One can easily forecast future challenges Vietnamese companies may face as they reach a critical point of global adoption.

EY Tax Update | Asean Mobility Spotlight: Southeast Asia jurisdictions immigration policy updates

In this update we provide the latest on the immigration policies of a number of Southeast Asia jurisdictions, which are expected to boost international business travel and tourism, both key elements of the economies which have been almost non-existent over the last two years and help to drive overall economic growth.

EY Vietnam Tax Updates | July 2022

In this update: 1) Decree 38/2022/ND-CP to increase the regional minimum salary from 1 July 2022, 2) Implementation of electronic Personal Income Tax withholding certificate, and 3) Return to the normal Social Insurance contribution rate for Labour accidents and Occupational diseases.

Vietnam Weekly Update - 24 July 2022

Cập Nhật Hàng Tuần Việt Nam - 24 Thang 07 2022

In this update: 1) Judicial expertise in the financial field, and 2) Deducting input value-added tax.

Cambodia: Relief Measures Pandemic Recovery Extended

The Royal Government of Cambodia will continue its relief measures to mitigate the economic impact of Covid-19 and support the recovery of the country’s battered tourism sector, according to an official announcement on 15 July 2022.

Merger Decisions Provide Important Guidance

In January 2022, Thailand’s Trade Competition Commission (“TCC”) issued three merger decisions that provide important guidance on the application of Thailand’s merger regime. The three issued decisions interpret what constitutes a business operator for purposes of the TCA.

Thailand’s Personal Data Protection Act (“PDPA”) – Subordinate Laws

On 20 June 2022, the Personal Data Protection Committee (“PDPC”) enacted subordinate laws complementing the data protection obligations of Data Controllers and Data Processors pursuant to the Thai Personal Data Protection Act (“PDPA”). This article highlights several notifications of the Committee.

Interim Injunctions and Emergency Arbitration in Thailand

Thailand is a party to the UNCITRAL Model Law on International Commercial Arbitration, and the country’s main arbitration law is the Thai Arbitration Act 2002 (“TAA”). Yet, the TAA does not contain provisions for appointment of an emergency arbitrator and does not provide for a tribunal to issue interim measures.

Key notes on the recent Report of the MOIT to the PM on the draft PDP VIII

Per the Prime Minister’s instruction and the Vice Prime Minister's directives, the Ministry of Industry and Trade (“MOIT”) has just reported its recommendations and projections regarding Solar and LNG capacity and planning.

Myanmar: Ministry of Electric Power Issues Six Hydropower Tenders

The Department of Hydropower Implementation (“DHPI”) at the Ministry of Electric Power (“MoEP”), under the State Administration Council (“SAC”), has issued tenders inviting private investment for the implementation of hydropower projects in Myanmar.

Vietnam Weekly Update - 08 July 2022

Cập Nhật Hàng Tuần Việt Nam - 08Thang 07 2022

In this legal update: 1) Amending, and supplementing several articles of the Law on Intellectual Property; 2) The application of interest rates upon premature withdrawal of deposits from credit institutions and foreign bank branches