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NEWS

What's Going On

CPTPP ADDING LEGAL LAYERS TO FOREIGN INVESTMENT PROTECTION


The CPTPP provides a strong, rules-based framework through which to grow investment relations with key Asia-Pacific economies. Quan Phan, senior associate of ACSV Legal Vietnam, outlines how the CPTPP benefits investors, and the terms and conditions to ensure that investment procedures will be easier and more transparent for foreign investors.

29 March
DECREE 13 ENCOURAGES INVESTMENT IN SCIENCE AND TECHNOLOGY

Decree 13 provides strong incentives to invest in the science and high-tech sectors in Vietnam by simplifying the procedure and providing preferential treatment for investors. The incentives are related to tax, and loans. Decree 13 is expected to accelerate research and development activities.

08 April
CIRCULAR 2 ON CHANGES IN ENTERPRISE REGISTRATION

Following the entering into force of Decree 108 in October last year, Circular 2 now introduces new templates for registration of a business. All 89 templates are renewed. Furthermore, it provides for some changes related to the legal basis for the procedure related to the registration and to the relevant authority.

31 March
CIRCULAR 17 ON SELF-INSPECTION AND REPORTING OF LABOUR LAW COMPLIANCE

Circular 17 will ensure that companies are taking an active approach towards their compliance with labour laws and correlatively, employer obligations and employee rights. It provides guidelines on the scope, timing and reporting. Employers are required to implement solutions to improve if the self-inspection shows this.

04 January
DECREE 148 CLARIFIES VIETNAM’S EMPLOYMENT FRAMEWORK

Decree 148 provides a much needed simplification of the current employment framework. It contains provisions on the period that counts for the severance allowance, the disciplinary hearing, settlement time in case of mutual termination; and what needs to be in the labour contract.

02 January
DECREE 143 ON APPLICABILITY OF SOCIAL INSURANCE FOR FOREIGN EMPLOYEES

Under the Law on Social Insurance of end 2014 it would also apply to foreign employees as of 1 January 2018. Decree 143 gives the long-awaited guidance about the scope of the Law on Social Insurance. The application will be implemented in two steps. The first part enters into force in 2018 and the second per 2022.

21 December
DECREE 119 PROVIDING GUIDANCE ON E-INVOICING

Decree 119 gives information related to the introduction of e-invoices in Vietnam. By 1 November 2020 companies are required to use the e-invoice and cannot use paper VAT invoices anymore.

18 December
DECREE 140 EASES EMPLOYMENT OF A FOREIGN EMPLOYEE

Decree 140 addresses issues related to work permits and work permit exemption for foreigners working in Vietnam. It eases the requirements for foreign employees as more persons are exempted, fewer documents need to be submitted and the necessity to submit a labour usage plan for certain foreign employees is removed.

19 November
NEW CYBERSECURITY LAW EXPECTED TO IMPACT FDI

The new Cybersecurity Law is expected to impact FDI as it requires investors to open a branch or representative office when active in sectors covered by the law. Companies have to comply with the requirements by 1 January 2019.

08 November
DECREE 22 ON IPR

Decree 22 provides additional information on collection and distribution of royalties, protection invalidation of copyright and related rights, and the timeline related to the copyright registration certificate.

25 September
DECREES 57 AND 98 FACILITATE INVESTMENTS IN AGRICULTURAL SECTOR

More incentives are introduced to attract and facilitate investment in the agricultural sector by Decree 57 and Decree 98 introduces the concept of linkage and provides for incentives related to linkage projects. These incentives are expected to turn Vietnam into an agriculturally intensive processing centre of the world and a logistics centre for global agricultural trading.

14 September
DECREE 108 SIMPLIFIES BUSINESS REGISTRATION

Decree 108 will simplify the business registration procedures and reduce costs. Notable changes are related to registration and notification requirements; and the prohibition of setting up another business location is removed.

05 September
DECREE 74 ON PRODUCTS QUALITY INSPECTION

The Law on Product and Goods Quality sets out requirements products must meet before they can put on the Vietnamese market. Most notable changes in Decree 74 are the possibility to self-assess product conformity and that several products such as samples and luggage when arriving at Tan Son Nhat international airport, are exempted of inspection.

28 August