Issue 010424 – Sectors, trades and market access conditions applicable to foreign investors

Dear Valued Clients, In recent years, Vietnam has become an attractive destination for foreign investors. However, as a way to protect domestic investors, to some investment and business sectors that can have a major impact on society if they are open for investment activities, Vietnam is still setting regulations on technical barriers for foreign investors to access the market, not only to narrow the competitive advantage for domestic businesses, but…

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…

Issue 020923 – Transfer of contributed capital in multiple-member LLC

Dear Valued Clients, Transfer of contributed capital in a limited liability company (“LLC”) with multiple members is an act of a company member transferring the ownership of the contributed capital in his/her company to another member or another individual or organization that is not a member, along with the rights and obligations of the owner arising from that contributed capital to that individual or organization. During the capital transfer process,…

Issue 010923 – Contribution of assets for enterprises establishment

Dear Valued Clients, Capital contribution is an important step when establishing an enterprise. To acknowledge more about the valid contributed assets as well as the process, methods, and valuation for contributing assets, investors may pay attention to our below guidance. According to the provisions of Law on Enterprises 2020, capital contribution means the contribution of assets to form the charter capital of the company, including capital contribution to establish a…

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