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.

Decree 18 adds conditions for enterprises owned by foreign investors or foreign-invested economic organisations. They need to meet these when registering a multi-level marketing (MLM) business. All foreign investors or foreign-invested business organisations being the owners or shareholders of the FIE registering an MLM business need to have operated an MLM business for at least three years continuously.

Decree 10 is expected to have a positive impact on the land market in Vietnam and was issued to resolve several existing land-related problems pending the expected promulgation of a new Law on Land later this year.

The draft amended Law on E-Transactions was first released on 4 May 2022 by the Ministry of Information and Communication (the MIC). The new law is expected to update and refine the existing legal framework to keep pace with the potential ramifications of the rapidly evolving landscape of e-commerce and digital technology.

The Ministry of Natural Resources and Environment recently released the second Draft of the Law on Land (Second Draft) to replace the first Draft of the Law on Land (First Draft). This update highlights some significant points of the Second Draft in comparison with the First Draft.

ACSV Legal contributed to the Legal 500 Country Comparative Guides 2023, Vietnam chapter on Private Equity. Read the latest information on Law & Practice and Trends & Development of the Vietnamese private equity landscape in 2023.

Vietnam’s national power development planning for the period of 2021-2030, with a vision to 2050 has finally been approved. In the update you can read about its objectives as well as the impact it will have on the various energy sources, such as wind power, solar power, LNG-to-Power, coal-fired power, and hydropower.

On 31 January 2023, Decision No. 01/2023/QD-TTg (Decision) was issued to provide relief to subjects affected by Covid-19. This decision entails a reduction of land rental and water surface rental for the year 2022.

ACSV Legal contributed to the Legal 500 Country Comparative Guides 2022, Vietnam chapter on Real Estate. Read the latest information on laws and regulations and the most frequently asked questions related to Real Estate in Vietnam in 2022.

Circular 15 addresses the issues that have arisen from the expiration of regulations on FiTs for solar and wind power plants that were not completed yet. Some guidance is given how FiTs should be handled for the so-called transitional plants.

Decree 59 introduces the electronic identity (eID) for individuals and companies. This eID can be used for electronic identification and authentication. Both Vietnamese and foreign citizens will get an eID. There is a difference in application for individuals and companies.

The biggest concern for companies was the requirement to localise data. However, this requirement does not always apply, only under certain circumstances. Also, in case of violation of the Law on Cybersecurity, an overseas service provider will be required to store data locally. Finally, any activity of taking advantage of cybersecurity measures to violate the law might even result in the obligation to compensate if the violation has infringed the lawful rights and interests of others.