NEWS

In this edition of Chambers Global Practice Guides: Private Equity 2022, 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.

This legal update highlights several remarkable points under Circular 7, which transposes regulations of the RCEP free trade agreement into Vietnamese law. Circular 7 implements the RCEP's transitional safeguard measures and antidumping measures.

The Draft Circular proposes to tighten the management of non-government guaranteed offshore loans to control Vietnam’s overall borrowing exposure. It is unclear when the Draft Law will be approved and promulgated by the competent authorities.

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.

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 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.

ACSV Legal contributed to the Legal 500 Country Comparative Guides 2022, Vietnam chapter on Labour & Employment. Read the latest information on laws and regulations and the most frequently asked questions related to labour and employment, with a focus on COVID-19 issues in Vietnam in 2021.

Due to COVID-19 the courts in Vietnam had to move to virtual hearings. In this update, you can find more information on the requirements. There are rules for pre-hearing plan, scope, and logistic issues, technical specifications and requirements, online etiquette and due process.

The Draft Law on the protection of Consumers' Rights will be more in line with the requirements of international treaties. The protection of vulnerable consumers’ rights is one of the new regulations introduced by the Draft Law. It also contains various parts related to the protection of personal data of the consumer.

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.

Several tax-related draft decrees are expected to be approved shortly. In January 2022, the Government promulgated Decree on tax exemption and reduction. A Draft Decree to remedy some issues of Decree 15 is pending. In February 2022, the Ministry of Finance of Vietnam released a Draft Decree on tax administration amending some articles of Decree 126/2020 guiding the Law on Tax Administration and Decree 123/2020 on invoices.

The Draft Law on E-Transactions provides a new definition and new requirements for digital platforms, expands the scope of application, contains a provision on the data protection in e-transactions and finally, clarifies the application of electronic agreements and signatures.