NEWS

The new Competition Law is expected to have an impact on mergers, consolidations, acquisitions, joint ventures between offshore parties. It will also apply to foreign companies, with or without a presence or subsidiary in Vietnam.

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.

The Government seems to be more relaxed about foreign investment in the educational sector allowing more Vietnamese students to enrol, but investment capital and teacher qualification requirements have increased. The decree also contains criteria related to educational linkage, approval and accreditation requirements, joint programs for foreign language proficiency, and increased investment capital minimums.

Elaine Chew, Senior Associate of ACSV Legal, gave a presentation on 'How to structure your investment in Vietnam and an update on investing in industrial parks and special economic zones' at the event organised by Vietnam-Singapore Industrial Park in KL, Malaysia. Other companies participating in this event were Savills, KPMG, and VSIP. There were about 100 attendees.

It is expected that the EVFTA will be signed soon. Marieke van der Pijl, BD Manager at ACSV Legal gave a presentation on the impact of the EVFTA.

The new decree will bolster Vietnam’s PPP framework through simplified administrative procedures, increased transparency in investment projects, and strengthened decentralisation. It will minimise difficulties and promote the PPP form of investment in Vietnam.

Decree 27 on the use of internet services and online information intends to create an investment environment that will increase online activities ranging from online gaming, social networks and website creation. At the same time, it will regulate the management of social network sites.

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.

Decree 81 provides guidance on the Commercial Law regarding trade promotion activities. It is expected to create a more efficient trade environment with simpler procedures and more detailed regulations on commercial promotions.

Recently the People’s Court has judged that an arbitral award related to a non-compete clause for an employee was correct. It is one of the first times in Vietnam in which the enforcement of a non-compete clause was upheld. Even though it is not a legally binding precedent, it is still an important judgement.

Decree 51 allows foreign investment in the establishment of a commodity exchange in Vietnam, and foreigners can now trade on the commodity exchange, or become a broker or trader. It will also make trading in commodities such as coffee and pepper easier for Vietnamese farmers.

Circular 10 sets out requirements for the facility of gym and fitness centres, and personal trainers.