How Foreign Investors Comply with Reports Submissions in Vietnam

How Foreign Investors Comply with Reports Submissions in Vietnam

  23:41    thuy dung

---

Foreign investors setting up business in Vietnam have to comply with statistics report submissions according to Vietnam laws. To ensure compliance, corporate lawyers should be consulted to ensure compliance with reports applicable to foreign owned enterprises in Vietnam.

As the current regulation, foreign owned enterprises are obliged to submit monthly, quarterly, six month and annual reports to the Vietnam Department of Statistics or State agency for foreign direct investment of respective province or city.

Monthly reports are applicable to businesses and projects operating in the industry: mining, processing industry, electricity, gas, water supply, waste disposal, water treatment, information and communications, real estate, transport, warehousing, trade and services.

Quarterly reports are applicable to businesses and projects operating in agriculture, forestry and fisheries, construction;

All foreign owned enterprises have to report every 6 months on employment and income of the employee;

On annual basis, all foreign owned enterprises have to submit reports on the identification information of the business; financial indicators reflecting business results including revenue by business lines, taxes, fees, expenses, and profit; and capital investments made during the year by investment sources and investment category.

Read More

How Foreigners Could Obtain Residence in Vietnam Through Investment Scheme?

How Foreigners Could Obtain Residence in Vietnam Through Investment Scheme?

  19:48    thuy dung

---

Foreigners could reside in Viet Nam under permanent residence or temporary residence status. In particular, foreign investors establishing or contributing capital to companies operating in Vietnam are subject to have temporary residence cards.

A Temporary Residence Card is the required document for the foreigners to legally stay temporarily in Viet Nam and the maximum term of a card is 05 years. The following will explain how Temporary Residence Cards can be obtained in Vietnam through investment.

What are the conditions for foreign investors to be granted temporary residence cards?

Foreigners who are granted a visa with a DT sign will be considered for a temporary residence card. The foreigners will need to apply for work permit exemption from authorities in Vietnam. The passport of foreigners has a minimum term of 13 months. Documents proving that foreigners contribute capital to, or invest in, enterprises in Vietnam for instance business registration certificates, investment registration certificates will be required. The foreigners will also need to provide a clean criminal record card.

What required documents to be prepared for application for temporary residence card?

1. 01 Document requesting temporary residence card of guarantor ( form NA6 for agencies, organizations; form NA7 for individuals)

2. 01 Information form for a temporary resident card (form NA8)

3. 02 photos (image size 2×3 cm);

4. 01 Copy of passport and a valid visa (bring an original for comparison);

5. 01 Notice of use of the seal of the enterprise.

6. 01 Document introducing seal, signature of the authorized person of the organization (form NA16)

7. 01 Copy of legal ducuments of organizations to prove purpose to be granted temporary residence card, such as: investment registration certificate, business registration certificate.

How long does it take to apply for a temporary residence card?

After 5 working days since receiving sufficient documents, state agencies will consider and issue temporary residence cards.

What are the procedures to apply for a temporary residence card?

Step 1: Prepare documents as prescribed by law.

Step 2: Submit application file

The officer receiving the application will check the legality and the content of the file. If the application is complete and valid, the officer receives the application and prints a receipt for the submitter.

Step 3: Return results

What state authorities can apply for a temporary residence card?

Immigration Management Department of provinces or cities where the investment is registered.

Some difficulties when carrying out the procedure

Everyone can apply for a temporary residence card by themselves, but not all cases are eligible for a temporary residence card. When applying for a temporary residence card, have some difficulties like: the visa is not for right purposes; foreigners don’t understand the required documents, procedures for applying for temporary residence card so that you don’t know how to write the declaration of temporary residence card; have confusion about the declaration form used for individuals and agencies, organizations…. As a result, the application file is invalid and will be returned. You will have to go to implementing agencies many times to complete an application file, which is costly, laborious, time-consuming but not yet available. Therefore, foreigners need the assistance of a reputable law firm to carry out the procedure effectively to be granted a temporary residence card.

Read More

Vietnam Ratifies the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Vietnam Ratifies the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

  20:15    thuy dung

---

Vietnam has recently ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership – CPTPP (before Trans-Pacific Strategic Economic Partnership Agreement – TPP. This Agreement was signed on 08 March 2018 in Santiago, Chile including 11 countries New Zealand, Canada, Japan, Mexico, Singapore, Brunei, Chile, Malaysia, Peru, Australia and Vietnam.

TPP was initially expected to form the largest free trade area in the world with the participation of the United States of America (USA). Nonetheless, the President of the USA – Mr. Donald Trump – withdrew the US from TPP, and the remaining members have to re-negotiate and establish CPTPP as a result. Eleven countries participating in the CPTP have a total GDP of USD 10,000 billion equivalent to 13.5% of global GDP.

CPTPP will contribute to boost the export of goods to major markets such as Japan, Australia, Canada and Mexico as well as attract foreign investment into the sectors that Vietnam needs to be developed. Further, this participation has established trade relations with the countries which have never signed a free trade agreement with Vietnam before such as Canada, Mexico or Peru. One of the commitments of CPTPP, the members of CPTPP agree to eliminate import duties on almost all products within 7 years, and Vietnam is flexible up to 10 years. Joining CPTPP, Vietnam not only commits to open up markets, remove tariff barriers, continue to open and facilitate trade, but also continues to show the transparency of the State management on market’s development. The business lines being benefited directly and strongly from CPTPP are garment, textile, footwear, food manufacturing, drink, confectionaries, tobacco, …which is expected to receive investment from overseas through setting up factory, company and business joint ventures in Vietnam.

Further, CPTPP regulates the new legal issues being labour, environment, government procurement, Intellectual Property, state enterprises, …The CPTPP essentially retains the provisions of the TPP Agreement, but with the USA withdrawal, it allows Member States to reserve a number of articles to ensure the balance in the new situation.

In conclusion, Vietnamese enterprises should firstly keep up the commitments of CPTPP in order to seek up the favorable policy trends and to prepare the plans to build competitiveness and enhance the prestige of brand and product quality.

Read More

Which Areas Are Incentivized For Investment in Vietnam Under Decree No. 37/2020

Which Areas Are Incentivized For Investment in Vietnam Under Decree No. 37/2020

  00:18    thuy dung

---

Investors are always interested in areas which the government incentivize for investment in Vietnam, to enjoy benefits i.e. tax reduction, tax exemption, land usage…which give them some help to grow the business in areas which are not economically potential without the help from the government when setting up a company in Vietnam.

According to the regulations on business investment in Vietnam in Decree No.118/2015/ND-CP, investment projects eligible for investment incentives are entitled to tax and land policies in their performance. Accordingly, for businesses that invest in industries or areas enjoying investment incentives, there will be many advantages related to tax and using land when performing business.

According to the provisions of Appendix I, Decree No.118/2015/ND-CP, the fields are preferentially invested in many fields such as science and technology, electronics, mechanics, material production, and information technology, agriculture, environmental protection, infrastructure construction, education, culture, sports, health activities of People’s Credit Funds and microfinance institutions are specified in Appendix I Decree no. 118/2015/ND-CP.

However, with the continuous development of the economy, along with the development projects of many small and medium-sized enterprises, besides start-up projects, it is more suitable to the market economy and start-up situation of many investors, on March 30th 2020, the Government has issued Decree No.37/2020/ND-CP supplementing the list of preferential investment industries which will take effect from May 15th, 2020.

According to the provisions of Decree No. 37/2020/ND-CP, for business investment activities in accordance with the Law on Support for Small and Medium Enterprises with the following business lines which will be added to the list of industries to enjoy incentives for investment in Vietnam, including business investment in the product distribution chain of small and medium-sized enterprises, business investment in incubation facilities for small and medium-sized enterprises, business investment in technical facilities supporting small and medium-sized businesses, investing in a common working area for small and medium-sized start-ups.

The investors who invest in Vietnam in the business lines above in supporting industries for small and medium-sized enterprises from May 15, 2020, will be entitled to specific tax and land incentives specifically as required by law. Domestic and foreign investors could utilize the opportunity to make investment to enjoy the incentives in Vietnam when conducting businesses.

.

Read More

Questionnaire on Quantity and Value to Foreign Manufacturers and Exporters

Questionnaire on Quantity and Value to Foreign Manufacturers and Exporters

  23:49    thuy dung

---

On July 14th, 2020, the Trade Remedies Authority of Vietnam (TRAV), Ministry of Industry and Trade issued an investigation questionnaire on quantity and value to foreign producers and exporters in the AD11 case.

Accordingly, TRAV recommends that the related parties who participate in responding to the questionnaire, carefully study the guidelines in the questionnaire before responding and submitting.

In order to ensure the best rights and interests, TRAV recommends that all related producers/exporters participate in full cooperation during the investigation process. The content of the response is one of the important grounds for TRAV to consider and select samples that limits the scope of the investigation. TRAV is entitled to consult with experts or to inspect, verify the authenticity of information and documents provided by related parties or collect additional information and necessary documents to resolve trade remedies cases, including foreign onsite investigations.

In the event that TRAV does not receive the timely response or the information provided is inadequate or insufficient as required, TRAV will apply the relevant law provisions regarding the non-cooperation of the related party in trade remedies cases.

The response to the questionnaire must be sent in full, including 01 confidential copy and 01 public copy (hardcopy of the response) and 01 USB containing the full soft copy of the response and attached annexes. The response is considered to be submitted on time when the TRAV receives all hard and soft copies before 5p.m on July 31st, 2020 (Hanoi time).

AD11 refers to the the anti-dumping investigation case under Decision No. 1715/QD-BCT regarding the Investigation of imposing Anti-dumping measure to some High Fructose Corn Sweetener Products with the HS Code of 1702.60.10 and 1702.60.20 from People’s Republic of China and Republic of Korea (Case AD11). Related parties may by themselves or authorize experienced law firms in Vietnam on international trade to work with Trade Remedies Authority of Vietnam to cooperate.

Read More

What Rights Shareholder Holds in Joint Stock Company?

What Rights Shareholder Holds in Joint Stock Company?

  19:37    thuy dung

---

Shareholders are individual or organization that owns at least one share of the joint-stock company and also are owner of the joint-stock company. Along with these roles, their interests are tied to business operations although they may not directly manage the day-to-day company affairs. In order to implement governance, the powers and responsibilities of each interest group such as shareholders, the board of directors, managerial personnel, etc. should be assigned based on the statutory principles and procedures.

According to the regulations on shareholders in the Law on Enterprise 2020, the rights of shareholders can be categorized into the following groups: economic rights, governance rights, information rights, and litigation rights.

Economic rights

Economic right is the right to gain all pecuniary interest with respect to the shares. The purpose of starting a business or investing in securities comes mainly from earning income or gaining profits. Economic rights accordingly include:

-Right to entitlement to dividends

-Right to transfer ownership

-Priority right to acquire the newly issued shares

-Right to entitlement to a portion of the assets after dissolution or bankrupt

-Appraisal Right

Among these above rights, right to entitlement to dividends and right to transfer ownership are the fundamental economic rights of a shareholder.

Dividend of common shares is determined according to the realized net profit and the dividend payment from the company’s retained earnings. Despite right to entitlement to dividends, shareholders are still subject to a number of limitations in law and in fact. Dividend entitlement is determined by the General Meeting of Shareholders based on the recommendation of the Board of Directors, after the company has fulfilled tax obligations and other financial obligations, contributed to reserve fund, paid for previous losses and met the solvency for all due debts and other property obligations. Dividend is not required to be distributed annually. Depending on the business situation, the General Meeting of Shareholders may decide to retain profits for reinvestment.

Besides dividend entitlement from the company’s operating results, shareholders can also gain profits by share transfer. This kind of investment is popular with respect of shares or securities of public companies, investors do not aim for corporate governance rights as well as dividend, they intend to earn benefits by the difference of the market values of stocks, especially when the stock value increases.

Governance rights

Modern corporate governance has two principles, one is to separate ownership and governance and to separate governance and management. It means that the major shareholders should not hold senior managerial positions in the company and Chairperson of the Board of Directors should not be assigned to other senior managerial positions such as General Director and/or Director.

Shareholders may be an individual or organization which they have their own different interests, goals and abilities. The separation between ownership and management makes the situation of whom the owner is and how the share get transferred not to affect the business operation. In the meantime, the separation helps gather professional managers to implement target intended by the company. According to the laws, members of the Board of Directors of a public company concurrently holding several executive titles must be reduced to the minimum to ensure the independence of the Board of Directors, specially the Chairperson of the Board of Directors shall not be the Director/General Director in a public company as of August 1st, 2020. There are no similar rules applicable to joint stock companies which are not public company.

Attendance, speaking and voting at General Meeting of Shareholders are fundamental in governance right of common shareholders, applicable to all shareholders holding at least one share. ty. In principle, being a shareholder who holds shares of the company regardless of the number has equal rights to attend and vote at the General Meeting of Shareholders. By the General Meeting of Shareholders, the shareholders holding a certain number of shares can impact decisions on some matters such as election, dismissal, and removal of members of the Board of Directors and Controllers, amendment and supplementation of internal documents, major transactions, and others as stipulated in law on enterprise or charter. In addition to the above rights, the majority shareholders also have a number of other rights related to governance as follows:

The shareholder or group of shareholders holding at least 5% of the total number of common shares (charter may require a smaller percentage) is entitled to:

-Call a General Meeting of Shareholders

-Request Board of Controllers to inspect each specific matter relating to management, governance of company affairs if necessary

-Recommend matters to be included in agenda of General Meeting of Shareholders

-The shareholder or group of shareholders holding at least 10% of the total number of common shares (charter may require a smaller percentage) is entitled to nominate candidates for the Board of Directors, Board of Controllers

Information rights

Shareholders have the right to access documents and information of the company. In addition to the basic documents such as the charter, list of shareholders, meeting minutes and resolutions of the General Meeting of Shareholders, shareholders have the right to access to reports related to the business affairs.

However, some information is only reviewed by shareholders who own required percentage of share:

-Access and extract information on full name and contact address as specified in list of shareholders having voting right and list of shareholders having right to attend General Meeting of Shareholder; request to adjust his/her inaccurate information

-Access, extract and scan charter of company, meeting minutes of General Meeting of Shareholder and its resolution

-Access, extract and copy partial or whole list of involved persons and their contracts, transaction of which the company is other party, interests of Board of Directors, Controllers, Directors or General Directors and other managerial positions of company

-Access and extract minutes and resolutions of Board of Directors, annual or mid-year financial reports, reports of Board of Controllers, contracts and transaction approved by Board of Directors and other documents, excepting for documents related to company’s know-how and trade secrets (applicable to shareholder and group of shareholders who own at least 5% of total number of common shares, the charter may require a smaller percentage)

-Access profit and loss statements, finacial reports, governace and management assement reports; inspection reports of Board of Controllers (applicable to shareholder who own shares at least 1 consecutive year, the charter may require a smaller percentage)

Different to common joint stock company, a public company must annouce fully, accurately and promptly the periodic and extraordinary information on business, finance and governace. Other information must be annouced if it influences share price and investment decisions of shareholders and investors.

Litigation rights

The Law on Enterprises has provided a mechanism to request the Court or Arbitration to rescind the resolution of the General Meeting of Shareholders or sue the managerial personnels when they fail to fully and properly implement their tasks, including:

The shareholder or group of shareholders holding at least 5% of the total number of common shares (charter may require a smaller percentage) is entitled to:

-Request to rescind resolutions of the General Meeting of Shareholders when the orders and procedures of calling the meeting and making resolution of the General Meeting of Shareholders seriously violate the regulations of the Law on Enterprises and company’s charter

-However, the resolution of the General Meeting of Shareholders adopted by 100% of the total number of voting shares is legal and effective even when the orders and procedures of calling the meeting and adopting such resolution violates regulations of the Law on Enterprises and company’s charter.

-Request to rescind resolutions of the General Meeting of Shareholders when its provisions violates the laws or company’s charter

-The shareholder, group of shareholders holding at least 1% of the total number of common shares is entitled to:

-Sue members of Board of Directors, Directors, General Directors separately or jointly under certain circumstances

The Chairperson of Board of Directors or the Director or General Director usually acts as the legal representative of the company, representing the company to perform rights and obligations arising from the company’s transactions, representing the company to take proceedings before the court or arbitrator. However, when their interests conflict with those of the shareholders, shareholders have the right to initiate a lawsuit claiming benefits or compensation. The Law on Enterprise also permits shareholders to sue on behalf of the company when the above managerital personnels commit violations, causing damage directly to the company and indirectly to shareholders.

Not all shareholders have the right to sue for the above managerial personnels, only those who own at least 1% of the total number of common shares. This restriction makes sense with respect of public companies, in order to eliminate unfair competition actions conducted by minority shareholders who is controlled by the rival companies because amount of 1% in public company is not a small number.

Similar to a lawsuit against a manager, shareholder or group of shareholders is also required to own at least 5% of the total number of common shares to request rescission of the resolution of the General Meeting of Shareholders if there is violation on substantive law and procedural law. Accordingly, all resolutions of the General Meeting of Shareholders violating the substantive laws or the company’s charter are rescinded at the request of shareholders, but only serious procedural violations may be rescinded. There is no specific instructions for serious procedural violations at this time, the assessment will depend on personal perspective of the court and arbitrator.

Read More

Danang to call on investment in hi-tech, real estate after Tet

Danang to call on investment in hi-tech, real estate after Tet

  23:21    Thuy Chi

---

DANANG – The central coastal city of Danang plans to call for investment in 44 projects mostly in the fields of hi-tech and real estate after the Tet holiday, with each of them needing US$30,000 to US$400 million, according to a representative of the Danang Investment Promotion Agency.

Half of the 44 projects are in the information-technology and hi-tech sectors and will be executed in Danang Hi-Tech Park.

The city is seeking investors for a solar energy project which needs US$150 million to US$400 million, and a US$200-million project to manufacture semiconductor materials for electronic parts and circuits. A 60-hectare urban area project and Truoc Dong Lake ecological zone covering 100 hectares of land are also in need of investment capital.

Apart from that, the city plans to resume work on the delayed projects that have yet to be licensed for investment, including a No.2 software park project covering over 50 hectares. Singapore's firm Sembcorp proposed injecting over US$90 million into the project long ago, but it has been awaiting word from the ministries of Foreign Affairs, Public Security, and National Defense as it is located in a maritime boundary area.

Meanwhile, Matrix Holdings Limited from Hong Kong wants to build a racetrack and horse training and multiplication center in the city, with total capital of US$200 million. An appropriate site is still being sought for it.

Further, Danang will prioritize foreign direct investment in digital, biotechnology, hi-tech agricultural projects, meaning that projects that apply outdated technologies and harm the environment will not be accepted. Investors from Japan, South Korea and Europe are preferred.

-Thesaigontimes-

Read More

Foreign investment in Vietnam surges

Foreign investment in Vietnam surges

  19:01    Thuy Chi

---

HCMC - New foreign investment approvals in Vietnam during the year to January 20 reached US$1.9 billion, rocketing by 51.9% year-on-year, according to the latest report by the Foreign Investment Agency (FIA) under the Ministry of Planning and Investment.

As of January 20, up to 226 new projects obtained investment certificates, with total registered capital of some US$805 million, surging by 81.9% year-on-year. In addition, 72 foreign-invested projects won approval to inject an additional US$340.2 million, equal to 74.5% of the figure in the same period last year.

In addition, foreign investors acquired local company shares worth US$761.8 million in 489 transactions, surging 114% over the year-ago period.

According to the Foreign Investment Agency, foreign investors injected capital into 18 sectors, of which the manufacturing and processing sector was the most attractive, receiving a total of US$1.19 billion, making up 62.4% of the fresh capital.

The science and technology sector came in second, with US$185.8 million, followed by the real estate sector, with US$179.1 million.

Japan remained Vietnam’s largest investor this month, with US$364 million, accounting for 19% of the total. South Korea ranked second, with US$349.1 million, and the third largest investor was China, with US$307.8 million.

-Thesaigontime-

ANT Lawyers is a Vietnamese law firm in Vietnam with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing legal services or representation in Vietnam who are seeking reasonable and competitive solutions without compromising on service quality.

For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 28 730 86 529. 

Read More

Foreign investors prefer indirect investment in Vietnam

Foreign investors prefer indirect investment in Vietnam

  18:56    Thuy Chi

---

HCMC - Foreign investors have stepped up their indirect investments in Vietnamese enterprises through capital contributions and stake acquisitions, instead of direct investments.

According to data from the Ministry of Planning and Investment’s Foreign Investment Agency, new foreign direct investment (FDI) approvals in Vietnam this year reported a decline over last year, while there was a surge in foreign indirect investment inflows.

Specifically, from early this year to December 20, foreign investors conducted nearly 6,500 transactions to contribute funds and acquire shares in local firms, with a combined value of US$9.89 billion, up a staggering 59.8% from the year-ago period.

Meanwhile, the country issued investment certificates for over 3,000 new FDI projects, with total registered capital of nearly US$18 billion in the period, down 15.5% year-on-year.

In addition, FDI investors registered an additional US$7.59 billion for nearly 1,200 other operational projects in the period, marking a fall of 7.59% against the same period last year.

In general, the country attracted US$35.46 billion in new foreign investment this year, equivalent to 98.8% of the figure recorded last year.

According to the Foreign Investment Agency, foreign investors injected capital into 18 sectors, of which the manufacturing and processing sector was the most attractive, receiving a total investment of US$16.58 billion, making up 46.7% of the fresh capital.

The real estate sector came in second, with US$6.6 billion, followed by the retail and wholesale sector, with US$3.67 billion.

Japan remained Vietnam’s largest investor this year, with US$8.59 billion, accounting for nearly 24.2% of the total. South Korea ranked second, with US$7.2 billion, and the third largest investor was Singapore, with US$5 billion.

- Saigon Times -

Read More

Vietnam gets ready to lift foreign ownership caps

Vietnam gets ready to lift foreign ownership caps

  18:43    Thuy Chi

---

A new draft law is set to attract more foreign investment into multiple sectors by removing foreign ownership caps.

At a Wednesday forum in Hanoi, the Ministry of Finance presented a draft securities law that would remove the current 49 percent foreign ownership cap in many sectors, allowing majority or even 100 percent ownership of a company.

"The new law would remove the limit on companies operating in many of more than 200 of the conditional sectors," a Reuters report quoted Nguyen Quang Viet, an official in the State Securities Commission’s legal department, as saying.

In Vietnam, conditional sectors refer to industries subject to additional regulations that would override limits set out by the securities law.

"We expect the new law to encourage development of the market in a faster, stronger and more sustainable manner," Deputy Finance Minister Huynh Quang Hai said at the forum.

Former head of the Central Institute for Economic Management (CIEM) under the Ministry of Planning and Investment Le Dang Doanh said that the bill would "push" more foreign investment into Vietnam.

"Foreign investors have been reluctant to invest in Vietnamese businesses because they can only own a minority stake so far," he told VnExpress International.

Should the 49 percent restriction be removed, foreign companies will be able to gain further management rights, which will be a big incentive to enter Vietnam and expand their business, he added. "With the new law, they can hold decisive positions in Vietnamese companies."

Industry insiders also expect that the new regulation will allow foreign investors to expand their operations in Vietnam.

Citibank's Tsuyoshi Yamashita, who deals with Japanese businesses expanding into Vietnam, told the Nikkei Asian Review that real estate and infrastructure-related business, such as thermal power generation, will likely see a higher demand from foreign companies to do business together.

Roy Zuin Forney, an analyst in international business advisory at consultancy Dezan Shira & Associates, said that Asian investors will be interested in seeking merger and acquisition (M&A) deals with Vietnamese companies to reach into this market.

Vietnamese people’s rising income has allowed more of them to afford health care, which would be a potential market for the pharmaceutical sector, he said.

One source familiar with M&A deals in Vietnam told the Nikkei that Indian drugmaker Renova Global, which already has an office in Vietnam, is looking for opportunities to expand further in the country.

Informational technology and logistics are other industries that will also likely see more foreign investment flow in, industry insiders said.

However, Vietnam remains firm in keeping "sensitive and important" sectors out of the list.

Companies in security, defence, telecommunications and insurance, will continue to have 49 percent foreign ownership caps, Reuters quoted State Securities Commission official Viet as saying. The limit for banks will remain at 30 percent, he added.

Can Van Luc, a government economic advisor, said the government would consider raising limits on foreign ownership of banks on a case-by-case basis.

The draft law is expected to be submitted to the parliament for approval next year and take effect in January 2020.

Source: evnexpress

How ANT Lawyers Could Help Your Business?

To set up business in Vietnam, please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

Read More

Government courts Swiss enterprises to invest in Vietnam

Government courts Swiss enterprises to invest in Vietnam

  18:17    Thuy Chi

---

HCMC – The Government has expressed its desire to attract further investment from Swiss enterprises, praising their great strengths in advanced technology as well as their experience with the fourth industrial revolution and the global supply chain, news website Vietnam Plus reported, citing Deputy Prime Minister Vuong Dinh Hue.

Deputy Prime Minister Hue on Monday, November 5, held a meeting with a Swiss enterprise delegation led by Andreas Gerber, head of Swiss SME business at Credit Suisse bank, in a visit to Vietnam to gain more insights into investment opportunities in the country.

The Government will create as many favorable business conditions as possible to ease the investment flow from foreign firms, stated Hue. He stressed that the country had considered foreign-invested enterprises an integral part of its economy and lauded the activities of the Swiss delegation in some localities across the country over the years.

Hue noted that there was significant room for foreign investment opportunities in Vietnam. In particular, Vietnam is in need of further overseas investment in areas in which Swiss firms excel.

Apart from that, the Government also prioritizes developing the finance-banking sector and encourages mergers and acquisitions in this sector to establish fintech and digital banking models in the years to come.

Moreover, foreign companies are encouraged to participate in the process of equitizing State-owned enterprises, become their strategic partners or get involved in local ventures and startup development.

Addressing the reception, Andreas Gerber remarked that the delegation had come to Vietnam for the fifth time to seek business opportunities. This time, it will visit the northern localities of Hanoi, Haiphong City and Ninh Binh Province.

The delegation aims to transfer advanced technologies from Switzerland to Vietnam in the coming period, according to its leader. During the visit, one of the enterprises decided to invest directly in the country.

This is reportedly the largest Swiss delegation seen to date, with enterprises boasting strong business performance and operating in various sectors, such as glass manufacturing, nanotechnology, medical technology combined with artificial intelligence, application software and communications.

As for Vietnam, the Government has prioritized foreign investment in nine sectors such as transportation and socioeconomic infrastructure under the public-private partnership format, manufacturing and supporting industries deploying advanced technology, hi-tech agriculture and logistics, said Hue.

Source: TheSaigonTimes

Read More

EuroCham Members Attending Hearings at European Parliament on EVFTA in Oct 2018

EuroCham Members Attending Hearings at European Parliament on EVFTA in Oct 2018

  20:48    Thuy Chi

---

On 11th October, 2018, Mr Tuan Nguyen, the representative of ANT Lawyers law firm has participated in EuroCham Brussels Mission between 8th and 12th October, 2018 to attend hearings at European Parliament on the Free Trade Agreement (EVFTA), visited and discussed with the diplomats of European Union in head office of EEAS in Belgium, Mr. David O’Sullivan, the Chief Operating Officer of European External Action Service (EEAS) to seek understanding and support to promote the approval of EVFTA.

Along with other delegates of EuroCham at this meeting, Mr Tuan Nguyen, the representative of ANT Lawyers discussed with Mr. Sullivan on issues concerning EU relating to EVFTA. The issues included: the employee’s rights, the balance between investment incentives and environmental protection, the challenges that the Vietnamese Government could face as well as the handling measures. In addition, Mr Sullivan has showed concerns in Vietnam’s legal system and how to fit in with common standards of European counties, to ensure the balance of information control and privacy. Mr. Sullivan also emphasized the compliance with the international principles. The representative of EU has recognized that this is the appropriate time for Vietnam and to EU countries members to proceed with the agreement because it would help address the current shortcomings.

Free Trade Agreement between EU and Vietnam is expected to reduce more than 90% tariff and create the most favorable conditions for exporting Vietnam goods to EU market and vice versa. Relating to European businesses, this is an opportunity for extending investment and accessing to new markets. Vietnamese could enjoy the high quality goods with cheap price. Relating to Vietnam businesses, EU is a very potential market when tariff is removed.

The Vietnam EuroCham delegation has represented more than 1,000 European companies to promote the signing EVFTA at European Parliament. ANT Lawyers law firm is honored to participate to discuss, contribute for the promotion of approval of the agreement. ANT Lawyers law firm is committed to bridge European companies to investment more in Vietnam and that Vietnamese companies should to enter European market through its reliable global law form networks

How ANT Lawyers Could Help Your Business?

Please click to learn more about Foreign investment in Vietnam or contact our lawyers for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

Read More

Conditional Business Lines Under Law on Investment in Vietnam

Conditional Business Lines Under Law on Investment in Vietnam

  19:53    Thuy Chi

---

Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment has been ratified by the 14th national assembly of the Socialist Republic of Vietnam at the second meeting session dated November 22nd, 2016.

Accordingly, pursuant to the constitution of the Socialist Republic of Vietnam, the National Assembly issues the list of conditional business lines stipulated in the Law on Investment no. 67/2014/QH13.

The enterprises which are established to operate in the area of conditional business have to comply with conditions regulated by law before conducting business operation in Vietnam.

Foreign investor if wishing to set up company in the conditional areas has to meet additional investment conditions depending on international treaties, WTO commitment by Vietnam, and other specialized laws in Vietnam. It is advised that the foreign investor to contact Vietnam law firms to be advised on the establishment of company in Vietnam to receive the proper legal advice.

We are listing the conditional business lines for the reference below.

No. LINES OF BUSINESS

1. Manufacture of seals

2. Sale (and repair) of combat gear

3. Sale of fireworks other than firecrackers

4. Sale of camouflaged software and equipment used for audio and video recording and positioning;

5. Paintball gun business

6. Sale of military equipment and military goods for the use of the armed forces, military weapons, specialized military equipment and vehicles for the use of the army and police; special military components, accessories, materials and equipment and military engineering

7. Pawning services

8. Massage services

9. Sale emergency signaling devices

10. Debt collection services

11. Security services

12. Fire safety services

13. Lawyer’s practice

14. Notary’s practice

15. Judicial assessment in the fields of finance, banking, construction, antiques, relics, copyrights

16. Auctioneering services

17. Commercial arbitration services

18. Bailiff’s practice

19. Liquidation and safeguarding of assets of enterprises and cooperatives in the pending time of bankruptcy

20. Accounting services

21. Auditing services

22. Tax agent services

23. Customs brokerage services

24. Sale of duty-free goods

25. Bonded warehouse and container freight station business

26. Premises for conducting customs procedures, customs gathering, inspection and supervision for rent.

27. Securities trading

28. Securities registration, depository, offsetting, and liquidation services by Vietnam Securities Depository/organizations trading in listed securities and other securities.

29. Insurance business

30. Reinsurance business

31. Insurance brokerage

32. Insurance agents

33. Property assessment service

34. Lottery business

35. Casino video games for foreigners

36. Debt trade services

37. Ratings services

38. Casino business

39. Betting business

40. Voluntary pension fund management services

41. Oil and gas business

42. Gas trading

43. Manufacture and repair of liquefied petroleum gas (LPG) bottles

44. Commercial assessment services

45. Sale and destruction of industrial explosives

46. Sale of explosive precursors

47. Industrial explosives and explosive precursors –based business

48. Blasting services

49. Sale of chemicals other than prohibited chemicals stipulated in the International Convention on prohibition of development, production, stockpiling and use of chemical weapons on their destruction

50. Alcohol business

51. Sale of tobacco, cigarette, machinery and equipment for tobacco industries

52. Sale of foods under the administration of the Ministry of Industry and Trade

53. Commodity exchange operation

54. Electricity generation, transmission, distribution, wholesale, retail, import, export and consultancy

55. Rice export

56. Temporary import and re-export of goods subjected to special excise duty

57. Temporary import and export frozen foods

58. Temporary import and re-export of goods on the List of used goods

59. Franchising

60. Logistics services

61. Sale of minerals

62. Sale of industrial precursors

63. Commodity trading and business activities directly related to commodity trading by foreign investors and foreign-invested business entities

64. Multi-level marketing business

65. E-commerce business

66. Petroleum business

67. Energy audit

68. Vocational training

69. Assessment of the quality of vocational education

70. Occupational skill assessment services

71. Occupational safety inspection services

72. Occupational safety and health training

73. Employment agencies

74. Overseas employment services

75. Voluntary drug detoxification services

76. Outsourcing

77. Road transport services

78. Automobile maintenance

79. Manufacture, assembly and import of automobiles

80. Motor vehicles inspection services

81. Driver training services

82. Traffic safety inspector training services

83. Driving test services

84. Traffic safety inspection services

85. Waterway transport services

86. Building, repair and renovation of watercraft

87. Inland watercraft crewmen and operator training services

88. Training, recruitment and supply of marine crews

89. Maritime safety services

90. Shipping services and shipping agencies

91. Towage services

92. Import and demolition of used ships

93. Building, renovation and repair of ships

94. Seaport operation business

95. Air transport business

96. Design, manufacture, maintenance and testing of aircrafts, their engines, propellers, avionics and equipment thereof in Vietnam

97. Airport operation business

98. Aviation service at airports

99. Air navigation services

100. Flight crew training services

101. Rail transport business

102. Rail infrastructure business

103. Urban railway business

104. Multimodal transport

105. Transport of dangerous goods

106. Pipeline transport business

107. Real estate business

108. Provision of training in real estate brokerage and property exchange operation

109. Provision of training in apartment building operation.

110. Construction management consulting services

111. Construction surveying services

112. (Construction) design and assessment services

113. Construction supervision services

114. Construction services

115. Construction activities by foreign contractors

116. Construction cost management services

117. Construction quality assessment services

118. Construction experiment services

119. Apartment building operation services

120. Cremation facility operation services

121. Construction planning services

122. Urban planning consulting services provided by foreign entities

123. Sale of white asbestos of Serpentine group

124. Postal services

125. Telecommunications services

126. Certification of digital signatures

127. Publishing

128. Printing services, except for printing of package

129. Publication services

130. Social networking services

131. Online game business

132. Paid radio and television services

133. News website development services

134. Processing, recycling, repair and renovation of used IT products of foreign owners which are on the List of used IT products banned from import

135. Provision of information via telecommunications and internets

136. “.vn” domain name registration and maintenance services

137. Cybersecurity products and services

138. Civil cryptography services and products

139. Sale of potable jamming devices

140. Preschool education business

141. Secondary school education business

142. Higher education business

143. Operation of foreign-invested education institutions, representative offices of foreign education institutions in Vietnam and branches of foreign-invested education institutions

144. Continuing education business

145. Operation of special schools

146. Association in education with foreign countries

147. Education quality assessment

148. Overseas study consulting services

149. Fishing

150. Sale of aquatic products

151. Sale of aquatic feed and animal feeds

152. Animal feed and aquatic feed testing services

153. Sale of biological preparations, microorganism, chemicals and environmental remediation agents used for aquaculture

154. Building and renovation of fishing vessels

155. Breeding, raising, artificial propagation of wild animals and plants according to CITES Appendix

156. Breeding, raising, artificial propagation of wild, endangered and rare animals and plants according to CITES Appendix

157. Breeding and raising of normal wild animals

158. Export, import, re-export, transit and introduction of marine specimens stipulated in CITES Appendix

159. Export, import and re-export of specimens bred, raised and artificially propagated according to CITES Appendix

160. Sale of forest animals and plants restricted from use for commercial purposes

161. Sale of plant protection products

162. Processing of items subjected to undergo plant quarantine

163. Pesticide testing services

164. Plant protection services

165. Sale of veterinary medicines, vaccines, biological preparations, microorganisms and chemicals used in veterinary medicine

166. Veterinary technical services

167. Animal testing and surgery

168. Provision of vaccination, diagnosis, prescription, treatment and healthcare services for animals

169. Veterinary medicine testing and assay (including veterinary medicines, aquatic veterinary medicines, biological preparations, microorganisms and chemicals used for veterinary medicines, aquatic veterinary medicines)

170. Concentrated husbandry

171. Slaughtering

172. Sale of foods under the administration of the Ministry of Agriculture and Rural Development

173. Animals and animal product quarantine services

174. Sale of fertilizers

175. Fertilizer testing services

176. Sale of plant varieties and animal breeds

177. Sale of aquatic breeds

178. Testing of plant varieties and animal breeds

179. Aquatic breed testing services

180. Testing and assay of biological preparations, microorganism, chemicals and environmental remediation agents used for aquaculture

181. Sale of genetically modified products

182. Medical treatment and examination

183. HIV testing services

184. Tissue banking services

185. Reproduction assistance, sperm and embryo cryopreservation

186. Testing of microorganisms causing infectious diseases

187. Vaccination

188. Opioid substitution therapy

189. Plastic surgery

190. Surrogacy service

191. Pharmaceutical business

192. Cosmetics production

193. Sale of chemicals, pesticides, germicides for the use in medical appliances

194. Sale of foods under the administration of the Ministry of Health

195. Sale of medical equipment

196. Medical equipment classification services

197. Medical equipment testing services

198. Appraisal of intellectual property (including appraisal of the copyrights and others relevant, appraisal of industrial properties and plant breeder’s rights)

199. Radiological services

200. Assistance in application of atomic energy

201. Assessment of conformity

202. Testing, calibration and inspection of measuring instruments and measurement standards

203. Manufacture of biker helmets

204. Technology assessment and evaluation services

205. Intellectual property presentation services

206. Film production and distribution

207. Antique appraisal services

208. Development of project planning, construction, project supervision, maintenance, renovation and restoration of relics

209. Karaoke and nightclub business

210. Travel services

211. Sport business and professional sport clubs

212. Business involving art and fashion shows, model contests and beauty pageants

213. Sale of art performance video and audio recording

214. Accommodation services

215. Advertising

216. Trading in national relics, antiques and treasures

217. Export of relics and antiques other than those under the ownerships of the Government, political organizations and political-social organizations; import of cultural products under the administration of the Ministry of Culture, Sports and Tourism

218. Museum services

219. Video game business (other than casino video games for foreigners and online casino video games)

220. Land assessment and survey consulting services

221. Land use planning services

222. Information technology infrastructure and land information software system development services

223. Land database development services

224. Land pricing services

225. Geodesic and cartographic services

226. Meteorological and hydrological forecasting services

227. Groundwater drilling and exploration services

228. Extraction and use of water resources, discharge of wastewater into water sources

229. Basic survey and consulting services for preparation of water resource planning, schemes and reports

230. Mineral exploration

231. Mineral extraction

232. Transport and treatment of hazardous wastes

233. Import of scraps

234. Environmental monitoring services

235. Sale of biological preparations from waste treatment

236. Commercial bank business operations

237. Non-credit institution business operations

238. Business operations of cooperatives, people’s credit funds and microfinance institutions

239. Payment intermediary services

240. Credit information services

241. Foreign exchange activities by non-credit institutions

242. Gold trading

243. Money printing and minting

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers Foreign Investment or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

Read More

New foreign investment approvals in Jan-Apr drop sharply

New foreign investment approvals in Jan-Apr drop sharply

  20:51    Thuy Chi

---

A view of downtown HCMC. The real estate sector recorded the second largest foreign investment in January-April.

HCMC – Total foreign investments pledged in the year’s first four months fell by a sharp 23.9% to US$8.06 billion, according to the Foreign Investment Agency.

Of the fresh foreign investment approvals in the period, pledges by existing and new projects declined significantly.

In particular, 883 new projects that had been approved in the year to April 20 had total registered capital of US$3.55 billion, a fall of nearly 24% against last year’s same period. Besides, 303 operational projects registered to adjust their investment capital up by US$2.24 billion, a year-on-year drop of 48.5%.

Regarding foreign indirect investment, the four-month period recorded 1,863 cases of foreign investors contributing funds or acquiring local shares with a combined value of US$2.26 billion, up 67% against the same period a year earlier. Of these, there were 1,087 cases of foreign investors increasing their paid-in capital of enterprises (US$1.56 billion) and 776 cases of stake acquisitions (US$703.5 million) which did not change chartered capital of enterprises.

It can be seen that investment capital of foreign investors tends to rise in M&A deals rather than direct investments.

Foreign direct investment (FDI) projects disbursed US$5.1 billion in January-April, rising by 6.3% year-on-year.

Regarding outbound shipments in the period, the FDI sector exported US$53.48 billion worth of products, including crude oil, up 18.9% year-on-year and equivalent to 72.5% of the country’s export turnover. Without crude oil, exports of the sector were US$52.81 billion.

Meanwhile, the FDI sector’s imports were US$42.31 billion, picking up 9.3% and accounting for 60.1% of total imports. This resulted in a trade surplus of US$11.17 billion with crude oil included and US$10.5 billion with crude oil excluded.

Of the 17 sectors foreign investors invested in, the processing-manufacturing sector attracted the highest amount of capital with US$4.52 billion (56.1% of total registered capital). It was followed by real estate with US$807.5 million (10%) and wholesale-retail with US$779 million (9.7%).

South Korea made up the biggest foreign investment amount among 82 countries and territories investing in Vietnam with US$2.32 billion (28.7%). Japan came second when investing some US$1.29 billion (16%) and Singapore third with US$808 million (10%).

Source: The Saigon Times

Read More