In this edition of Chambers Global Practice Guides: Doing Business In... 2021, 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 in the aftermath of COVID-19.
Vietnam has signed various free trade agreements (FTAs) over the past years. Most FTAs contain clauses to protect investors, or there is a separate agreement like the EVIPA for the EVFTA. In this update, you can read more on investor-state dispute resolution settlement in general and in particular how it works under the EVIPA and CPTPP.
In this edition of Chambers Global Practice Guides: Private Equity 2021, 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.
ACSV Legal contributed to the Legal 500 Country Comparative Guides 2021, Vietnam chapter on Franchise & Licensing. Read the latest update on laws and regulations and the most frequently asked questions of the franchise and licensing landscape in Vietnam 2021.
The concept of using liquefied natural gas (LNG) for electricity production is attracting investors in Vietnam. ACSV Legal managing partner Mark Oakley, of counsel, and head of Energy Practice Tim Dobson provide a look into the current LNG-to-power market of Vietnam and outline some critical legal issues for interested investors.
Vietnam’s increasing demand for energy, and the country’s large opportunities in wind energy, has caused many investors to turn their attention to Vietnam over the past few years. ACSV Legal Vietnam explains that with a more bankable feed-in tariff and a subsequent increase in security for banks and investors, the wind industry is expected to open up for many more projects that may now come to fruition.
The recent global coronavirus epidemic has caused massive disruptions to businesses and may impact certain contractual relationships, either with clients or employees. Minh Nguyen, senior associate and head of dispute resolution practice at ACSV Legal, discusses notable changes in regulations which could directly affect daily business operations in Vietnam, and pores over certain legal issues that Vietnam-based companies might encounter due to the epidemic.
The method of determination of the relevant market and market share prescribed in Decree 35 is similar to the superseded decree. In particular, the relevant market shall be determined based on the relevant product market and relevant geographical market; and the market share of an enterprise shall be determined by calculating turnover from sales, turnover of inward purchases, or market share of a group of affiliated enterprises.
With the Vietnam-EU Free Trade Agreement taking effect last year, the government recently circulated a draft decree on personal data protection, drafted by the Ministry of Public Security of Vietnam. Proposed to be adopted in December, it will become the first unified regulation on personal data protection in Vietnam. Minh Nguyen, senior associate of ACSV Legal, gives a heads-up on certain points worth noting in the draft.
Vietnam is expected to speed up equitisation of state-owned enterprises and divestment of state capital to create a level playing field for business entities and generate funds for infrastructure. Law firm ACSV Legal's associates Phuong Huynh and Duc Tran find out how these actions may offer ample opportunity for private financiers to invest in some of Vietnam's leading market players in 2020.
Investment is a key driving force for economic growth and competitiveness as it spurs innovation, creates jobs, and connect investors to global value chains. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) provides a strong, rule-based framework through which to grow investment relations with key Asia-Pacific economies. ACSV Legal Vietnam outlines how the CPTPP benefits investors, and the terms and conditions to ensure that investment procedures will be easier and more transparent for foreign funders.
The global coronavirus epidemic has caused massive disruption to businesses and may impact certain contractual relationships, either with clients or employees, Minh Nguyen, senior associate and head of dispute resolution practice at ACSV Legal, discusses notable changes in regulation which could directly affect daily business operations in Vietnam, and pores over certain legal issues that Vietnamese-based companies might encounter due to the pandemic.
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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