NEWS

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.

This update outlines the legal framework for taking out security in Vietnam. It examines the most used contractual structures, security assets, and typical enforceability issues when setting up a credit facility with a Vietnamese borrower. It also provides a high-level summary of the security vehicles available under Vietnamese law and touches on the most important structures and prevalent legal issues when taking out security in Vietnam.

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.

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.

In this new edition, you can read an update on the draft decrees to implement the Law on PPP and the decree providing guidance on employing foreigners based on the Labour Code. Both the Law on PPP and the Labour Code entered into force on 1 January 2021. We also provide you with some other news and regulations which we thought might be of interest.

In this new edition, you can read an update on wind power development in Vietnam and what would be needed to meet energy demands in the future, and about court-annexed mediation, a new method of dispute resolution that will be available as of 1 January 2021. We also provide you with some other news and regulations which we thought might be of interest.

In this new edition, you can read an update on the draft decrees to implement the recently approved Laws on Investment and Enterprises. These are expected to enter into foce on 1 January 2021. We also provide you with some other news and regulations which we thought might be of interest.

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.

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.

In this update, you can read about the MOIT Report on Wind and Solar Tariffs, the latest info on the DPPA Pilot Project and the issues resulting from the grid capacity limitations.

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.

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.