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AMENDED LAW ON BANKRUPTCY – THIRD DRAFT

The Draft Law is expected to be presented to the National Assembly for discussion during its 9th session in May 2025 and for approval at the 10th session in October 2025. Any bankruptcy case initiated under the 2014 Law on Bankruptcy that has not yet resulted in a bankruptcy decision issued by a competent court as of the effective date of the Draft Law will be governed by the new law.

03 Apr 2025

Special COVID-19 Edition Resume Business Operation
In this special edition, you can read about the Government's Resolution 15, plans to resume business operations for HCMC, Hanoi, Binh Duong and Long An, and the lock down regulations for HCMC until the end of September.

Businesses comply with directives
The global coronavirus epidemic has caused massive disruption to businesses and may impact certain contractual relationships, either with clients or employees, Minh Nguyen, senior associate and head of dispute resolution practice at ACSV Legal, discusses notable changes in regulation which could directly affect daily business operations in Vietnam, and pores over certain legal issues that Vietnamese-based companies might encounter due to the pandemic.

CPTPP adding legal layers to foreign investment protection
Investment is a key driving force for economic growth and competitiveness as it spurs innovation, creates jobs, and connect investors to global value chains. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) provides a strong, rule-based framework through which to grow investment relations with key Asia-Pacific economies. 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 funders.

Powering up process of equitisation
Vietnam is expected to speed up equitisation of state-owned enterprises and divestment of state capital to create a level playing field for business entities and generate funds for infrastructure. Law firm ACSV Legal's associates Phuong Huynh and Duc Tran find out how these actions may offer ample opportunity for private financiers to invest in some of Vietnam's leading market players in 2020.

Data protection receives draft fillip
With the Vietnam-EU Free Trade Agreement taking effect last year, the government recently circulated a draft decree on personal data protection, drafted by the Ministry of Public Security of Vietnam. Proposed to be adopted in December, it will become the first unified regulation on personal data protection in Vietnam. Minh Nguyen, senior associate of ACSV Legal, gives a heads-up on certain points worth noting in the draft.

New decree clears up points of law on economic concentration
The method of determination of the relevant market and market share prescribed in Decree 35 is similar to the superseded decree. In particular, the relevant market shall be determined based on the relevant product market and relevant geographical market; and the market share of an enterprise shall be determined by calculating turnover from sales, turnover of inward purchases, or market share of a group of affiliated enterprises.

August 2021 Newsletter
In this new edition, you can read about the draft decree guiding extended producer responsibility and the new regulations on cross-border advertising services. You can also stay up-to-date with the relevant legal issues of the corporate bonds market in Vietnam. Lastly, we provide you with some other news and regulations which we thought might be of interest.

July 2021 Newsletter
In this new edition, you can read about the new regulation of Vietnamese tax law, a new update introduces support packages for employees and employers seriously affected by the COVID-19 pandemic and the draft decision on special investment incentives. We provide you also with some other news and regulations which we thought might be of interest. Last but not least, you can find our latest contribution to Chambers and Partners' Doing Business in Vietnam 2021 guide.

May 2021 Newsletter
In this new edition, you can read an update on the pros and cons of investing in data centres in Vietnam, a sector to potentially attract a lot of FDI, and on Decree 38 on violations involving cultural and advertising activities. We provide you also with some other news and regulations which we thought might be of interest. Last but not least we would like to draw your attention to the initiative of Newborns Vietnam.

April 2021 Newsletter
In this new edition, you can read an update on the highlights of the United Kingdom-Vietnam Free Trade Agreement as well as on Decree 31 implementing the Law on Investment. We provide you also with some other news and regulations which we thought might be of interest.

March 2021 Newsletter
In this new edition, you can read an update on the first-ever unified regulation on personal data protection in Vietnam as well as the draft circular implementing the law on tax administation. The draft circular is in particular relevant for e-commerce activities and digital-based businesses. We provide you also with some other news and regulations which we thought might be of interest.

February 2021 Newsletter
In this new edition, you can read an update on the decree implementing the Law on Enterprises which entered into force on 1 January 2021 and an update on the various decrees and circulares implementing the Law on Securities which entered into force per the same date. We provide you with some other news and regulations which we thought might be of interest. February was a quiet period, as Tet fell in this month, and not many new regulations were adopted.

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