Know how

The Battle of the Forms

The complexity of the trade finance landscape is evident in the case of CIMB Bank Bhd v World Fuel Services Singapore Pte Ltd [2021] SGCA 19, where the Court of Appeal considered and analysed the same issues of diametrically opposite competing contracts, and arrived at the opposite conclusion to that of the High Court.

New guidance on customs codes for various import & export modes

On 18 May, the General Department of Customs issued Decision 1357/QD-TCHQ setting out guidance on the customs codes for importing and exporting goods. This Decision will take effect from 1 June, replacing Official Letter 2765/TCHQ-GSQL issued back in 2015.

Vietnam Weekly Update - 27 May 2021

Cập Nhật Hàng Tuần Việt Nam - 27 Thang 5 2021

In this week’s Legal Update: 1. Preliminary assessment of environmental impacts; 2. Management of construction investment projects and construction investment cost; and 3. Recognition of consulting individuals and organizations in the network of consultants. assisting small and medium-sized enterprises.

Debt Recovery in Vietnam

This update discusses P2P Lending models, debt collection, and debt collection as a prohibited business investment activity.

Draft E-commerce regulations

The Ministry of Industry and Trade has released draft amendments to Decree 52/2013 on E-commerce for public comment. With new rules being drafted to tighten up taxation of e-commerce, these proposed amendments underline the Vietnam government’s determination to regulate the e-commerce sector.

Personal Data Leaks in Vietnam

Personal data leaks, cyberattacks, Vietnam's cybersecurity law and its stalled implementing decree, and the lack of guidance on cyberattacks is discussed.

Vietnam Weekly Update - 21 May 2021

Cập Nhật Hàng Tuần Việt Nam - 21 Thang 5 2021

In this week’s Legal Update: Newly issued, amended, supplemented administrative procedures in the field of employment; Transfer profits to parent company abroad; and Several issues in the operations of credit institutions and foreign bank branches.

USPTO - Cambodia Patent Acceleration: Details Released

Under a new bilateral program agreed on October 23, 2020, US patents may now be used to accelerate the examination of Cambodian patent applications.

Bad Faith Trademark Applications in Cambodia

Bad faith trademark applications are not uncommon in Cambodia, though less widespread than a decade ago. While not mentioned nor defined under Cambodian law, applications made in bad are implicitly treated and the concept can be a useful tool to seek the cancellation or opposition of such a mark.

Vietnam Weekly Update - 14 May 2021

Cập nhật Hàng tuần Việt Nam - 14 Thang 5 2021

In this week's updates: Calculation of deductible expenses when determining CIT for leave expenses, Deductible expenses when determining income subject to CIT for foreign workers, foreign contractor tax finalization, and Paying monthly pension, social and unemployment insurance during COVID-19.

Interest Rates for P2P Lending in Vietnam

Before getting into the business of P2P lending, it is important to plan for the proper fees charges and to make sure that they are not only distinguished from interest but that the purpose of the fees is traceable to specific activities separate from the profit of the lenders.

E-Commerce business in Vietnam: Conditions for foreign investors

As defined in Decree 52/2013/ND-CP, e-commerce activity means conducting a part or the whole process of commercial activity by electronic means connected to the Internet, mobile telecommunications networks, or other open networks. E-commerce activities are classified into two categories.

Management of Social Housing in Vietnam

This Special Alert will discuss some of the inadequacies of the regulation requiring the use of 20% of the land fund of total residential land area allocated to commercial housing investment projects for social housing.

Vietnam Weekly Update - 7 May 2021

In this week's updates: 1) New administrative procedures to replace current procedures in the field of construction quality management; 2) Management of Covid-19 cases and entry into Vietnam, and 3) the declaration and payment of VAT for investment projects.

The Importance of Proper Drafting in relation to Construction Contracts

The addition of Section 17(2A) to The Building and Construction Industry Security of Payment Act (“SOPA”), and the recent Singapore Court of Appeal decision in Orion-One highlights the importance of proper drafting in relation to construction contracts.

Legal issues and lack of anti-deadlock mechanisms in a recent shareholder dispute

In the recent controversial case of shareholder dispute in Vietnam, the appellate court of Ho Chi Minh City (Appellate Court) held that two following articles of a company charter conflict with each other and therefore the provisions of the Enterprise Law 2014 are applied to resolve the dispute.

Decree now finalised on extension of deadlines for tax and land rental payments in 2021

Similar to last year, on 19 April, the Government released Decree 52 regarding the extension of deadlines for payment of taxes and land rental fee applicable for the 2021 tax year. The Decree took effect from the signing date.

Cambodia: Ministry of Labour & Vocational Training Issues Guidance on Paying Wages During the Lockdown

On 19 April 2021, the Cambodian Ministry of Labour & Vocational Training issued Instruction 043 concerning the Payment of Wages for Early April 2021 and Additional Allowances for Employees in certain sectors during the Phnom Penh and Takmao city lockdowns to prevent the spread of COVID-19.

Cambodia: GDT Facilitates Online Document Submission

This update covers Notification no. 7179 GDT dated 18 April 2021 from the General Department of Taxation regarding procedures for the submission of scanned application forms, administrative letters, other documents or tax returns via the online E-Document Submission System.

Cambodia: Extension of Due Date for March Monthly Tax Returns & Payments

Notification no. 7175 GDT dated 16 April 2021 (“Notification 7175”) from the General Department of Taxation provides an extension of the due date for the March 2021 monthly tax returns and payment.