Decree 35 brings many positive changes to the legal framework for IPs and EZs, addresses various shortcomings of Decree 82 and is expected to attract more investment in IP and EZ development. For example, the requirement of a minimum 60% occupancy rate no longer applies and housing accommodation for employees working in IPs and EZs.
In Resolution 105, the Government sets out a plan to get the economy back on its feet while keeping the public safe. It gives specific instructions to various ministries on production, the supply chain, work permits, vaccination passports, and financial support to companies.
The Electricity Regulatory Authority under MOIT is currently finalising the Draft Circular, which is expected to be officially issued by the end of 2021. Due to its high relevance for the economics of renewable energy investments in Vietnam, the DPPA pilot program has attracted widespread interest from consumers and power developers. This legal update examines the most important takeaways from the draft circular.
Corporate bonds have long been a valuable source of financing for businesses and a traditional investment asset for investors worldwide, mainly used real estate, securities, banking, and infrastructure development. In this update you can read about the type of bonds available in Vietnam, how bonds are offered and who can offer them.
The extended producers’ responsibility or ‘polluter pays principle’ is expected to impact manufacturers and importers active in Vietnam by imposing various financial and administrative burdens. It applies to both recyclable products and packaging and waste treatment. It likely will apply as of 1 January 2023.
Many organisations and individuals in Vietnam use cross-border advertising services provided by various foreign providers such as Facebook, Google, Tik Tok. Decree 70 stipulates that entities engaging in those services must comply with cybersecurity and IP regulations, regulations on management, provision, and use of internet services, and pay tax.
Resolution 68/NQ-CP of 1 July 2021 and Decision 23/2021/QD-TTg of 7 July 2021 introduce 12 support packages for employees and employers seriously affected by the COVID-19 pandemic. This update sets out the ones, enterprises might be most interested in. Qualification is subject to conditions set out in these documents.
Recently, the authorities in key manufacturing hubs in the South of Vietnam, have issued orders requiring manufacturers to either create a production bubble or stop production until further notice. Is this force majeure or a change of circumstances?
To attract more foreign investment focusing on quality, efficiency, technology application, environment protection and that apply high technology, create added value, and connect global chains of production and supply a draft decision has been issued. It contains special incentives related to exemption or reduced applicable CIT rate.
During the past weeks, a proposed new regulation of Vietnamese tax law has shaken up the local e-commerce industry. Referred to as “Circular 40”, the new regulation moves to shift responsibility for vendors’ tax liabilities arising from sales generated on online platforms to the respective platform operator.
Decree 21 marks a significant effort of lawmakers in bringing the legislation on security transactions to the next level of maturity. In the context of the legislative incentive to streamline procedures and increase transparency for secured parties, Decree 21 forms an important stepping stone.
Decree 38 provides a better scope defining to which entities it applies. It also introduces several more severe penalties for violations related to advertising for certain products, in particular drugs, cosmetics, medical equipment, fertiliser, or healthcare services. Additional penalties, such as revocation of a licence, are introduced as well.
Vietnam is a dynamic country with an economy that continues to grow and modernise and has a lot to offer. It is a unique country and provides extensive opportunities if you are willing to spend the time to understand the market and the people living and working in it.
Since Vietnam has joined the WTO in 2007, investment opportunities in Vietnam have developed immensely. Nevertheless, there are undoubtedly many challenges in doing business here, some of which we will touch upon the main points in our guide “Doing Business in Vietnam".
In this guide you can find information about:
Ways to invest and available incentives;
Types of legal entities you can setup;
The do’s and don’ts of borrowing or lending money;
Competition law, contract law, intellectual property rights law, the labour code and dispute resolution;
What to do in case of insolvency, bankruptcy, or dissolution; and