This guide will bring helpful information to foreign investors, particularly those who consider starting their business in Vietnam. The guide mainly consists of the latest insights on a brief overview of Vietnam’s economy, key sectors for investment, compliance matters in terms of entity formation, accounting, tax, and labour perspectives in Vietnam.
The Ministry of Natural Resources and Environment has recently issued the Draft Land Law (amended) for public comments to overcome the shortcomings and limitations of the Land Law 2013, and at the same time, add new policies to adjust some issues arising in reality.
When setting up a company, the founding shareholders often ignore the conclusion of a founders’ agreement. This article discusses some issues founders should clarify in a Founders Agreement regarding dispensable disputes.
The Vietnamese Government has issued the new Decree 65 governing the offering and trading of privately issued corporate bonds. In this article, we examine the key features of the decree and outline how they differ from the existing Decree 153 on corporate bonds.
According to Article 4.37 of Law on Securities 2019, a securities investment fund is a fund established through capital contribution by investors to make investment in securities or other assets, including real estate.
In this Insight, we give an overview of ESG and the legal landscape in Vietnam and examine the key legal considerations for each of the three pillars of ESG.
Currently, there are no specific regulations concerning the issuance of Stock Options for a Company’s employees in the Law on Enterprises 2020 and the Law on Securities 2019. This article discusses stock options, their issuance, the process, exercising stock options, and other key matters.
The Vietnam Competition and Consumer Authority (“VCCA”) recently issued its Annual Report for 2021 (“Report”). In this Client Alert, we outline the information provided by the VCCA on its activities related to the Law on Competition (2018) (“Law”) in 2021.
This article covers only the formalities and procedure for the issuance of construction permits at the Ministry of Land Management, Urban Planning and Construction based on the new Prakas No. 013. PK 013 consists of 7 Chapters and 23 Articles, and its annexes consist of the official application forms.
This article discusses some of the key issues for enterprises to consider, in order to minimize the risks from the unilateral termination of LC signed with their employees and avoid “dispensable lawsuits”.
Commercial agency is one of 4 commercial intermediary activities of a trader regulated by Vietnamese laws (along with trader representative, commercial brokerage, purchase, and sale of goods by mandated dealers). What is a commercial agency and what are notes about a commercial agency under Vietnamese laws?
The inaugural edition of FAQ on Mediation in Southeast Asia is an essential guide to the benefits and challenges of commercial, court-ordered and private-party mediation. The engaging Q&A format asks all the questions you have about this emerging trend, followed by sharp and insightful answers provided by DFDL and Harry Elias' team of conflict-resolution experts.
The Draft Circular replacing the current circular No. 12/2014/TT-NHNN on conditions for non-government guaranteed cross-border foreign loans was released on 11 May 2022 for public consultation. It proposes to tighten conditions for taking out these loans, in order to manage Vietnam's overall borrowing exposure and ensure proper use of foreign loans.
The import of machinery, equipment, and technology from overseas into Vietnam is common, especially the import of used Machinery. This is a solution to help enterprises save initial investment costs. However, Vietnamese laws stipulate the import conditions for used Machinery and a strict quality examination process before customs clearance.
A Comparison Between Vietnam International Arbitration Centre Rules and Singapore International Arbitration Centre Rules
Digital signatures have become an essential part of the digitisation strategy of the banking sector in Vietnam. Even though the legality of digital signatures has been recognised by Vietnamese law, some risks and obstacles still undermine their use.
The Vietnamese Government has focused on developing infrastructure, but deficiencies in this area are still one of the biggest bottlenecks for investors. In this Report, we look at the current status of the infrastructure market, and examine key regulatory and structuring issues affecting project developers and financiers.
On 26 March 2021, the Government issued Decree 31 to detail and guide the implementation of the Investment Law 2020 (Decree 31/2021). Decree 31/2021 took effect on the signing date and replaced Decree 118/2015 guiding the Investment Law 2014 and other related documents.
On 08 October 2021, after collecting the opinions from relevant Ministries, and other authorities, the MOIT completed the Draft PDP VIII and submitted it to the Prime Minister for review and approval. This article summarizes some highlights of the Draft PDP VIII updated to February 2022.
In this newsletter: 1) National Assembly issues Law No. 03/2022/QH15 amending and supplementing a number of articles of the Law on Investment, the Law on Enterprises and a number of other laws, 2) Pausing the temporary import and re-export business of medical masks, medical gloves and anti-epidemic uniforms.
Important Vietnamese legal terms can be looked up, with the corresponding term in the other language presented (Vietnamese <-> English). Very helpful resource for those professionals working in both languages
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