Tiếng Việt
Introduction Dear Valued Clients, The transfer of an investment project happens when an investor transfers either partly or completely his/her project to another investor through an investment project transfer contract. An investment project assignment contract bears the essence and basic characteristics of an asset purchase and sale contract, in which the property of this type of contract is an investment project or a part of the investment project. In this…
Dear Valued Clients, Single shareholder limited liability company is one of the most common enterprises form in Vietnamese. Nevertheless, not everyone thoroughly comprehends how this form of enterprise is organized. Therefore, in this Legal Update, we would like to summarize and clarify the main information and key features related to the management structure of the single shareholder limited liability company specified in the Law On Enterprise No. 59/2020/QH14 dated…
Dear Valued Clients, Recently, the State Bank of Vietnam (“SBV’) has announced the Draft of the Circular on requirements for taking foreign loans applied to companies not guaranteed by the Government (the “Draft Circular”) to replace Circular No. 12/2014/TT-NHNN of the SBV dated March 31, 2014 (“Circular 12”). In this Legal Update, we would like to emphasize several highlights which could give affect on requirements for taking foreign loans applied…
Dear Valued Clients, The authorized representative of the owner, members or shareholders of the company that are organizations who, through a written authorization, exercise the rights and obligations within the scope of authorization, is a person that acts on behalf of and for the benefit of the owner, members or shareholders to establish, and perform transactions. In this Legal Article, the issues on the authorized representatives of the owner, members…
Dear Valued Clients, On September 30th 2022, the State Bank has issued Circular No. 12/2022/TT-NHNN (“Circular 12”) guiding the foreign exchange administration in respect of foreign borrowing and foreign debt repayment of enterprises replacing Circular No. 03/2016/TT-NHNN dated February 26th, 2016, Circular No. 05/2016/TT-NHNN dated April 15th, 2016 and Circular No. 05/2017/TT-NHNN dated June 30th, 2017. On the basis of regulations effectively applied in previous documents, Circular 12 has been…
Dear Valued Clients, On September 16th 2022, The Government has issued Decree 65/2022/ND-CP (“Decree 65”), amending and supplementing a number of provisions of Decree 153/2022/ND-CP (“Decree 153”) prescribing the offering and trading of privately placed corporate bonds in the domestic market and offering of corporate bonds in the international market. Decree 65 is effective on September 16th 2022 and it has amended several noteworthy contents on privately placed corporate bonds….
Since it acceded to WTO on January 11, 2007, Vietnam has taken gradual steps towards opening its doors to foreign investments in an attempt to harmonize its domestic laws with its WTO commitments. However, not every road is filled with roses, and Vietnam’s effort for harmonization has not been without shortcomings. As a result, our Article will provide a summary of certain policies of the domestic laws in the context…
The adoption of Circular 122/2010/TT-BTC (“Circular 122”) on broadening the State’s control over the pricing of goods and services of the Ministry of Finance has not only been met with strong opposition from industry and trade experts but also warranted unintentional consequences. As a result, our Article aims to identify and analyze the consequences brought about by the adoption of Circular 122 by specifying and dissecting the legislation of Circular…
Issues relating to mining operations always seem to cause the public to be up in arms in Vietnam, be it irresponsible dumping of mining-related toxic wastes to waterways or potential environmental impacts of large-scale bauxite mining operations as Vietnam’s advantage of mineral reserves and mineral commodities have attracted both legal international investment interest and illegal mining operations. Due to the recent, well-publicized environmental concerns in Vietnam, our Article is written…
Dear Valued Clients, Investment incentives play a significant role in encouraging investment as a way to promote and push the socio-economic growth of our country. Therefore, in this Legal Article, we would like to summarize the information about investment incentives specified in the Law on Investment No. 61/2022/QH14 of the National Assembly dated June 17, 2020 (the “Law on Investment 2020”) for your kind reference and consideration. 1. …