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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.

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.

October 2021 Newsletter
In this new edition, you can read about the investor-state dispute settlement clauses under the EVFTA and CPTPP. You can also find information on Decree 80 on support for small and medium-sized enterprises, and the latest draft insurance business law. In the COVID-19 updates section, you can find the updates on Resolution 128 and Directive 18 providing guidelines on business operations. We provide you also with some other news and regulations which we thought might be of interest.

September 2021 Newsletter
In this new edition, you can read about the draft decree implementing the law on environmental protection, the draft decree to amend social media management and the one introducing more requirements for multi-level marketing. In COVID-19 updates section, you can find the evaluation criteria for safe business operations in Ho Chi Minh City and Resolution 116 with financial support packages for employees and employers.

GUIDANCE ON FOREIGN INVESTMENT ACTIVITIES ON VIETNAM'S SECURITIES MARKET
This new regulation provides guidance on the obligations of organisations and individuals engaged in foreign investment activities in the Vietnamese securities market. Circular 51 came into effect on 16 August 2021, replacing Circular 123/2015/TT-BTC (Circular 123). In this legal update, we will discuss the highlights and takeaways from Circular 51.

STRICTER RULES AHEAD FOR ENVIRONMENT
In July, the Ministry of Natural Resources and Environment released a draft decree on the implementation of the Law on Environmental Protection (LoEP) for public comment. The draft decree outlines details on the law’s new concept of environmental permits, which will govern the environmental implications of specific investment projects.

Chambers and Partners' Doing Business in Vietnam Guide
In this edition of Chambers Global Practice Guides: Doing Business In... 2021, ACSV Legal contributed to the Vietnam chapter on Law & Practice and Trends & Developments. We hope this guide will serve as a reference for lawyers and investors looking to understand the basic principles guiding the legal system of Vietnam in the aftermath of COVID-19.

Chambers and Partners Private Equity 2021 Guide
In this edition of Chambers Global Practice Guides: Private Equity 2021, ACSV Legal contributed to the Vietnam chapter on Law & Practice and Trends & Developments. The guide provides the latest legal information relevant for PE and M&A such as the structure of transactions, terms of acquisition documentation, public-to-private takeovers, mandatory offer thresholds and hostile takeover offers.

The Legal 500 Franchising Country Comparative Guide 2021
ACSV Legal contributed to the Legal 500 Country Comparative Guides 2021, Vietnam chapter on Franchise & Licensing. Read the latest update on laws and regulations and the most frequently asked questions of the franchise and licensing landscape in Vietnam 2021.

Legal issues cloud LNG power plans
The concept of using liquefied natural gas (LNG) for electricity production is attracting investors in Vietnam. ACSV Legal managing partner Mark Oakley, of counsel, and head of Energy Practice Tim Dobson provide a look into the current LNG-to-power market of Vietnam and outline some critical legal issues for interested investors.

Taking advantage of the energy potential
Vietnam’s increasing demand for energy, and the country’s large opportunities in wind energy, has caused many investors to turn their attention to Vietnam over the past few years. ACSV Legal Vietnam explains that with a more bankable feed-in tariff and a subsequent increase in security for banks and investors, the wind industry is expected to open up for many more projects that may now come to fruition.

Decree 101: Key Changes to Vietnam's Land Law
Decree 101, effective August 1, 2024, outlines new regulations for land registration, LURCs, and land-attached assets in Vietnam. Key changes include clearer timelines for registration, new LURC issuance requirements, unique LURC codes, and improved access to land information. These updates aim to streamline the land registration process and enhance transparency for land users in Vietnam.

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.

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