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NEW REGULATIONS ON THE OFFSHORE-ISSUED BONUS SHARE PLAN

A recent amendment to Vietnam's regulations governing employee stock ownership plans (ESOPs) has significantly simplified the process for foreign entities to offer these benefits to Vietnamese employees. The State Bank of Vietnam's Circular No. 23/2024/TT-NHNN, effective from August 12, 2024, has removed several hurdles, making it easier for companies to implement offshore-issued ESOPs.

Legal Update on Investment Protection under Vietnam's International Treaties
Vietnam has signed various free trade agreements (FTAs) over the past years. Most FTAs contain clauses to protect investors, or there is a separate agreement like the EVIPA for the EVFTA. In this update, you can read more on investor-state dispute resolution settlement in general and in particular how it works under the EVIPA and CPTPP.

November 2021 Newsletter
In this new edition, you can read about two new regulations. One provides guidance on the obligation of organisations and individuals engaging in foreign investment activities in the Vietnamese securities market. The other provides instructions on the initial offering of shares, management and use of proceeds from SOE equitisation. We provide you also with some other news and regulations which we thought might be of interest.

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.

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.

June 2021 Newsletter
In this newsletter, you can read about the new Decree on Security for Performance of Obligations and other regulations have entered into force within June 2021. You can also read the latest news and relevant topics we have handpicked for you in Other News section.

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.

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.

CHANGES FORESEEN ON COOPERATION AND INVESTMENT IN THE EDUCATION SECTOR
The Draft Decree amends and supplements the current Decree 86. It provides details on the eligibility of the partnership for foreign investors, the capital plan, specific requirements to issue an IRCs and business licence as well as the information provision of the parties in the joint partnership.

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.

The Legal 500 Private Equity Country Comparative Guide 2022
ACSV Legal contributed to the Legal 500 Country Comparative Guides 2022, Vietnam chapter on Private Equity. Read the latest update on laws and regulations related to Private Equity in Vietnam.

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.

DRAFT DECREE ON ADMINISTRATIVE PENALTIES FOR CYBERSECURITY VIOLATIONS
In this Draft Decree administrative penalties for cybersecurity violations are set out. It will likely enter into force early 2022 and together with the draft decree on personal data protection it will form the cybersecurity regime in Vietnam and is influenced by the European Union's General Data Protection Regulation.

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