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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.

MANAGEMENT AND USE OF INTERNET DOMAIN NAMES
Circular 21 introduces new domain names: id.vn, io.vn and ai.vn. The first is for individuals only and the other for both individuals and organisations. Upon expiration of a domain name, it will be suspended immediately but it can be renewed within 25 days.

16 May 2022

CHANGES IN PAYMENT, DECLARATION AND FILING REQUIREMENTS FOR CIT AND PIT
The Draft Decree will impact the practice of e-commerce providers about being compliant with tax submissions. Provisional CIT obligations at the end of any calendar year will favourably impact companies with high revenue in the last quarter. Some changes related to PIT are introduced as well.

13 May 2022

VIETNAM’S NEW NATIONAL ENVIRONMENTAL PROTECTION STRATEGY
The strategy gives a number of key solutions, including actively preventing and controlling negative impacts on the environment and environmental incidents, encouraging ecological and circular economic development, green growth, and promoting sustainable production and consumption.

11 May 2022

CHANGES IN THE COMBAT OF CORRUPTION
The decree results in changes of decisions related to the suspension or temporary reassignment of official duties, the definition of extremely serious cases of corruption has been changed and the periodic relation of office will be applied to more positions.

27 Apr 2022

CIRCULAR 5: RULES OF ORIGIN UNDER RCEP
Circular 5 provides further information on how to define the origin of goods to qualify for reductions under the RCEP. It contains specific provisions on applicable tax differences for beneficiaries of the RCEP, unifying definitions, specifications, requirements, formalities, and tax rates. Thereby facilitating cross-border trade inside the free trade zone, one of the core incentives for RCEP signatories.

24 Mar 2022

MARKET ACCESS FOR FOREIGN INVESTORS - NEW RULES FOR OLD PARTNERS
Foreign investors can invest under varying conditions depending on the free trade agreement they rely on. Some investments are allowed without restrictions under one free trade agreement but not under another. Others are allowed under WTO commitments but are restricted under the EVFTA, UKFTA or RCEP; or the other way around.

24 Mar 2022

DRAFT DECREE INTENDS TO LOWER RISKS FOR INVESTORS IN CORPORATE BONDS
After the issuance of Decree 153, MOF became aware of certain risks related to non-compliance and/or high-risk financing via corporate bonds. The draft decree intends to lower risks for investors and make the market more transparent. However, with the current draft, Vietnamese companies might be impacted negatively.

23 Feb 2022

PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN SECURITIES SECTOR
Decree 128 on penalising administrative violations in securities and the securities market sector amends some existing penalties and adds a new one as well. Penalties can be given related to issuing shares, selling treasury shares, publishing maximum ownership ratio and the reporting regime.

21 Feb 2022

ADMINISTRATIVE VIOLATIONS AGAINST PLANNING AND INVESTMENT REGULATIONS
Decree 122 clarifies the definition of organisation, imposes higher administrative penalties for many violations covered by it. It also adds a new sanction for over-declaration of the charter capital.

28 Jan 2022

RESOLUTION 43 – ANALYSIS OF THE POST-COVID ECONOMIC REVIVAL PACKAGE
Resolution 43 sets out the new fiscal and monetary policies to support the Vietnamese program of socio-economic recovery and development. It contains guidance on tax reduction and exemption, steered public investment in various sectors and monetary measures. It will have an impact on businesses and individuals.

28 Jan 2022

NEW GENERAL AND IMPORT/EXPORT RULES FOR E-COMMERCE ACTIVITIES
As of 1 January 2022, Decree 85 aims to tax Vietnam-sourced income from local individual customers regardless if the merchant is local or foreign and will impact e-commerce activities. A draft Decree related to import and export via e-commerce activities will have a further impact but clarifies certain points as well.

26 Jan 2022

EASIER ENTRY INTO VIETNAM FOR FOREIGNERS AND OVERSEAS VIETNAMESE
After almost 2 years of limited access, it will become easier for foreigners with a business visa, visa exemption, temporary or permanent residence cards, overseas Vietnamese and their family members to enter Vietnam. Tourists are expected to be able to come to Vietnam later this year without having to join an organised tour.

20 Jan 2022

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