NEWS

The Government (GOV) has published Decree No. 78/2023/ND-CP aimed at creating a legal basis to ensure safety and efficiency for the operations of the Vietnam Development Bank as well as overcoming and removing obstacles in the process of practical application. Decree 78 regulates cases where credit exceeds the limit to help businesses borrow capital to invest in production and business key projects and also expands the legal framework more reasonably for clients and projects that need loans.

Recently, the new Law on E-Transactions has been issued that will enter into force on 1 July 2024. The new law covers areas such as the issuance of certificates for land use rights and ownership of real estate property, inheritance records, marriage certificates, and divorce decisions. It also introduces new provisions governing the use of open data from state agencies.

The Ministry of Information and Communications (MIC) has published a new draft decree aimed at addressing the shortcomings and obsolescence of the previous regulations governing the use of Internet services and online information.The new regulation supplements the contents relating to the protection of children in the online environment, as well as provides for stricter regulation of registration and management of Social Networks as well as Live Streaming and Revenue-Generating Services. This new draft decree is currently under review by the competent authorities and is expected to be announced soon.

Recently a law to amend the existing law protecting consumer rights was adopted. The new law adds one chapter on the liabilities of business organisations and individuals towards consumers in specific transactions. It will enter into force on 1 July 2024.

In the recently updated edition of Chambers Global Practice Guides: Private Equity 2023, 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.

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.

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.

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.

Decree 19 implements the 2022 Law on Anti-money Laundering. It introduces a new definition of “complex transactions”, provides criteria to determine unusual or complex high-value transactions and beneficial owner. It also sets thresholds for when a customer due diligence needs to be conducted.

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.

In this edition of Chambers Global Practice Guides: Doing Business In... 2023, 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.