vietnam

Vietnam: Draft Circular guiding the contents of foreign exchange management for enterprises' foreign borrowing and debt repayment

In this update: 1) The draft Circular guiding the contents of foreign exchange management for enterprises' foreign borrowing and debt repayment, and 2) The draft Decree on the management of export and import goods transacted via e-commerce.

Establishing an Offshore Holding Company for Vietnamese Startups

This article will look at the legally promulgated process for a Vietnamese startup to setup an offshore holding company with a Vietnamese subsidiary and the possibility for additional subsidiaries in other jurisdictions.

Tax Alert - Transfer pricing in Vietnam

With the recent enhancement of the Vietnam transfer pricing (TP) regulations, full compliance with TP obligations is critical for taxpayers to mitigate potential related risks in the context of increasing tax audits and TP related adjustments by the Vietnam tax authorities.

Vietnam: Customs Alert No. 04/2021 - The Regional Comprehensive Economic Partnership Agreement

The Regional Comprehensive Economic Partnership Agreement (RCEP) amongst 10 ASEAN member countries and Australia, China, Japan, New Zealand, and Republic of Korea, will come into force in January 2022.

Vietnam Weekly Update - 8 November 2021

Cập Nhật Hàng Tuần Việt Nam - 10 Thang 11 2021

In this Legal Update: 1) Detailed regulations on solutions to support businesses and people affected by the Covid-19 epidemic; 2) The application of "Vaccine Passport" and measures to create favorable conditions for foreign experts to enter for economic purposes; and 3) Deposit level for travel service business.

Vietnam Weekly Update - 8 November 2021

Cập Nhật Hàng Tuần Việt Nam - 08 Thang 11 2021

In this week’s legal update: 1) Detailed regulations on several solutions to support businesses and people affected by the Covid-19 epidemic, 2) The application of "Vaccine Passport" and measures to create favorable conditions for foreign experts to enter for economic development purposes; and 3) Deposit level for travel service business.

Laos, Cryptocurrency Mining, and Vietnam

In September, the government of Laos authorized six companies to mine and trade cryptocurrency. This last week they announced that as part of the country's expansion into the cryptocurrency markets, they anticipate to include nearly 200 million USD in their 2022 national budget from Bitcoin mining.

Vietnam Updates from ADK - Vol. 24: The Scheme on development of non-cash payment in Vietnam during 2021 – 2025 was officially approved

In this update: 1. The Scheme on development of non-cash payment in Vietnam during 2021 – 2025 was officially approved, 2. Discount 80% of deposit for travel service providers until the end of 2023, 3. List of national projects calling for foreign investment in the period 2021-2025.

Decree 92/2021 guiding the implementation of Resolution 406 on tax support measures

Following Resolution 406 dated 19 October setting out some measures to help taxpayers affected by COVID 19, the Government has now released Decree 92/2021 guiding the implementation of Resolution 406.

Circular 80/2021 guiding the implementation of the Law on tax admin 2019 and Decree 126/2020

On 29 September 2021, the Ministry of Finance released Circular 80/2021 providing guidance on a number of articles in the Law on Tax Admin 2019 and Decree 126/2020. The new Circular will be effective from 1 January 2022 and replaces a number of existing regulations, including Circular 156/2013.

Vietnam Weekly Update - 1 November 2021

ập Nhật Hàng Tuần Việt Nam - 01 Thang 11 2021

In this week’s Legal Update: 1) Guidance on the tax declaration of branches located in a different province from the head office; 2) Tax incentive policies; and 3) The entrustment of importing goods for export production.

New public disclosure rules in Vietnam stock markets

Following the issuance of the new Securities Law 2019, in November 2020, the Ministry of Finance issued Circular 96/2020 guiding on disclosure of information on securities market (Circular 96/2020) with effect from 1 January 2021.

Can the parties agree to have a unanimous award in an arbitration agreement?

It is not clear if under Vietnamese law, the parties can agree in an arbitration agreement that the award of the tribunal must be a unanimous award instead of a majority award.

Potential loss of priority upon re-registration of security interest over listed securities with Vietnam Securities Depository

From 1 January 2021, Decree 155/2020 requires securities interests over listed securities to be registered with the Vietnam Securities Depository and Clearing Corporation (VSD). Since security interest over unlisted securities is registered with the National Register Agency of Secured Transactions (NRAST), a re-registration of the security interest with VSD is likely to be required when the unlisted securities become listed.

New regulations on e-commerce activities in Vietnam

n September 2021, the Government issued Decree 85/2021 amending and supplementing some articles of Decree 52/2013 on e-commerce (the E-Commerce Decree). Decree 85/2021 will take effect from 1 January 2022 with substantial changes on the conditions applicable to foreign investors in e-commerce sector.

Vietnam Weekly Update - 25 October 2021

Cập Nhật Hàng Tuần Việt Nam - 25 Thang 10 2021

In this update: 1) The submission of proof of origin of goods applying safeguard measures, 2) Guidance on VAT refund for investment projects, and 3) Guidance on foreign contractor tax policy.

Covid-19 Legislation in Vietnam

In the last few weeks there have been several pieces of legislation passed through the government and various ministries to assist the country and its citizens in their struggle with Covid-19 and the economic fallout of the last several months of lockdown. Described here are outlines of this legislation.

Resolution 406/NQ-UBTVQH15 on tax support measures

On 19 October, the National Assembly approved 406/NQ-UBTVQH15 introducing certain tax policies to support corporate and individual taxpayers impacted by COVID-19.

Vietnam: Several important points of Decree 85/2021/ND-CP on e-commerce

On September 25th, 2021, the Government issued Decree No. 85/2021/ND-CP amending and supplementing a number of articles of Decree No. 52/2013/Nd-CP dated May 16th , 2013, on e-commerce.

Vietnam Updates from ADK - Vol 23: The Government submits to the National Assembly the draft Law on Insurance Business

In this update: 1) Officially promulgate a resolution on tax exemption and reduction for people and businesses affected by the Covid-19 epidemic, 2) The Government submits to the National Assembly the draft Law on Insurance Business, 3) Amendment regulations on grant of special loans to credit institutions placed under special control.