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FX ADMINISTRATION OF ENTERPRISES’ FOREIGN BORROWING AND DEBT REPAYMENT

Circular 12 regulates various matters on foreign borrowing and debt repayment, such as the registration procedure of the enterprise’s foreign loan without a Government guarantee, opening and use of accounts for foreign borrowing and debt repayment, and reporting regime related to the enterprise’s foreign loan.

30 Nov 2022

INTERNATIONAL COMPARATIVE LEGAL GUIDES: PRIVATE CLIENT 2021
ACSV Legal has contributed the Vietnam chapter of the 2021 edition. Mark is ranked in Legal 500 Asia Pacific and Chambers Asia Pacific for M&A and Hieu in Legal 500 Asia Pacific for Tax (Private Client) and M&A. If you would like to learn more, contact mark.oakley@acsvlegal.com or hieu.pham@acsvlegal.com.

01 Feb 2021

DRAFT DECREE: WILL PPP ATTRACT MORE INVESTMENTS?
The draft decree does address various points, however, there is still need for clarification with regard to for example the law governing PPP project contract, conditions related to equity transfer, disposal of collaterals, and restrictions on equity transfer as well as definition of policy enabling changes in developing a PPP project.

30 Jan 2021

DECREE 152 PROVIDES GUIDANCE ON EMPLOYING FOREIGNERS
Decree 152 provides guidance on employement of foreigners following the entering into force of the new labour code per 1 January 2021. There are some changes related to exemptions as well as the requirements to be qualified as an expert or technical worker.

30 Jan 2021

LNG-TO-POWER PROJECTS IN VIETNAM AND KEY LEGAL ISSUES
A short overview of the market landscape for the LNG-to-power projects as well as the key legal issues that would have to be taken into consideration, such as bankability, PPA, security assets, government guarantee and undertaking and equity contribution timeline.

29 Dec 2020

DRAFT DECREE TO IMPLEMENT THE NEW LAW ON ENTERPRISES
The decree is expected to enter into force at the same time as the Law on Enterprises, being 1 January 2021. Some of the interesting changes are related to the enterprise registration, the suspension of it as well as the legal status of an enterprise.

30 Nov 2020

DRAFT DECREE TO IMPLEMENT NEW LAW ON INVESTMENT
The Draft Decree provides details to implement the new Law on Investment. Note that there will be changes with regard to the approval of the investor and investment policy, investment guarantee, amendment of investment project, escrow deposit, market access and its conditions.

29 Nov 2020

DECISION ON FiT CRITICAL FOR WIND ENERGY DEVELOPMENT IN VIETNAM
In order for Vietnam to meet its energy demands it is important to increase the energy capacity. With the slow in investment and the impact of Covid-19 on foreign investments, it is important that a transparent and reasonable FiT scheme will be announced as soon as possible.

31 Oct 2020

LAW ON COURT-ANNEXED MEDIATION AND DIALOGUE
This law intends to settle disputes under the umbrella of the courts and will be applicable to various types of disputes, such as disputes concerning civil transactions, commerce, labour, marriage and family as well as administrative disputes. This is broader than the currently applicable Decree 22 which only applies to commercial disputes.

31 Oct 2020

EVFTA: IMPLEMENTING DOCUMENTS ISSUED
Finally, on 1 August 2020 the free trade agreement between the EU and Vietnam entered into force. This agreement is expected to increase trade between the EU and Vietnam. Various implementing documents have been issued recently. Important is the rule of origin determination to qualify for reduced tariffs.

29 Sep 2020

DISTRESSED M&A IN VIETNAM: ISSUES TO TAKE NOTE OF
As a result of COVID-19 pandemic, business owners might be forced to sell their company or parts of it. If you would like to buy such a company there are various issues that you might need to consider. In this update we set out some of the most important issues you need to think of to minimise the risk, such as various approvals that could be required but also how to structure the deal.

27 Sep 2020

LAW ON INVESTMENT 2020 APPROVED
The law changes the foreign ownership ratio for defining a Foreign Invested Entity. There are several changes with regard to incentives and business lines. Also more clarity is given on which law prevails in certain circumstances related to investment. An important point is also the change related to the requirement of obtaining an M&A approval.

30 Jun 2020

LAW ON ENTERPRISES 2020 APPROVED
Some important changes are that a digital signature will have equal validity as an original seal and the rights of minority shareholders will be protected better. Other changes are related to corporate governance for JSCs. The amended law also will imply less administrative hassle.

30 Jun 2020

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