Issue of February 2024 – Update on Circular No. 25/2023/TT-BKHDT dated December 31, 2023 on amendment and supplementation of templates related to investment activities in Vietnam

Dear Valued Clients, On December 31, 2023, the Ministry of Planning and Investment issued Circular No. 25/2023/TT-BKHDT (“Circular 25”) on amending and supplementing a number of articles of Circular No. 03/2021 /TT-BKHDT dated April 9, 2021, of the Minister of Planning and Investment prescribing templates for documents and reports related to investment activities in Vietnam, outward investment activities and investment promotion activities (“Circular 03”), effective from February 15, 2024. In…

Issue of January 2024 – Vietnam officially applies Global Minimun Tax from January 1, 2024

Dear Valued Clients, In recent years, the global minimum tax has been an issue that has received a lot of attention from both the foreign investors and recipient countries community. To implement the global minimum tax regulations, on November 29th, 2023, the National Assembly officially passed Resolution No. 107/2023/QH15 (“Resolution 107”) on the imposition of top-up corporate income tax (“CIT”) under the Global Anti-Base Erosion (GloBE) model rules and applicable…

Issue 010124 – Forms of foreign investment in Vietnam

Dear Valued Clients, In recent years, thanks to a favorable business environment, Vietnam is strongly attracting foreign investment capital in many different fields. And with that trend, focusing on and understanding forms of investment is a topic of interest to many international investors. This article will delve into the analysis of investment forms in Vietnam by foreign investors according to Vietnamese law and provide you with a clear overview and…

Issue 021223 – Duration of investment projects

Dear Valued Clients, The duration of investment projects is the timeframe that an investor registers, and in most cases, is approved by the state authorities to carry out the projects officially. In this article, we will delve into regulations and considerations regarding the timeframe for the operation of investment projects according to Vietnamese law. 1. Concept and Classification of Investment Projects The concept of investment projects is defined in Clause…

Issue 011223 – Procedures for issuance and amendment of investment registration certificate

    Dear Valued Clients, To have a commercial presence by investing in the form of establishing an economic organization in Vietnam, foreign investors need to carry out procedures to apply for an Investment Registration Certificate (“IRC”) for their project in Vietnam. The IRC is one of the essential legal documents that proves the rights of the investors to implement the project, in which records the information regarding the investment…

Issue 031123 – Investment form according to business cooperation contract

Dear Valued Clients, A business cooperation contract (“BCC Contract”) is one of the forms of direct investment and commercial presence of foreign investors in Vietnam. However, the characteristic of this model is that the parties cooperate and carry out joint business investment activities based only on a contract without establishing an enterprise. So what are the benefits and risks of investors in this contractual relationship and this form of investment?…

Issue 021123 – Procedures for terminating outbound investment projects

Dear Valued Clients, Over the past decade, policies to support and encourage businesses to invest abroad have been increasingly improved. This has created favorable conditions to expand investment and business activities, improve competitiveness and increase the rate of participation in the international integration process for domestic enterprises. However, for many different reasons, including internal problems within the project and pressure from external factors, many businesses have had to decide to…

Issue of October 2023 – Updates on new Law on Electronic Transactions 2023

Dear Valued Clients, On November 29, 2005, the National Assembly issued the Law on Electronic Transactions No. 51/2005/QH11 (“LET 2005”). However, after nearly 18 years of implementation, LET 2005 has clearly revealed shortcomings as many provisions are no longer consistent with development reality, and fail to respond to the needs of the 4.0 industrial revolution as well as digital transformation and building Vietnam’s digital economy in the coming period. Therefore,…

Issue of September 2023 – New points in regulations on employing foreign employees in Vietnam

Dear Valued Clients, On September 18th 2023, the Government issued Decree 70/2023/ND-CP (“Decree 70”) amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP dated December 30th, 2020 on foreign employees working in Vietnam, and recruitment and management of Vietnamese employees working for foreign employers in Vietnam (“Decree 152”). Decree 70 officially takes effect from the date of signing. In this Legal Update, we would like to…

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