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Legal Update

PM highlights TPP opportunities and challenges

The Trans-Pacific Partnership (TPP) deal will facilitate trade and investment, bringing more benefits to production, business, workers and consumers, Prime Minister Nguyen Tan Dung said in a recent article.In the article, entitled “The TPP, opportunities and challenges – Our action,” Prime Minister Dung wrote that the TPP was a comprehensive market-access deal that ensured freer […]

New decree specifies establishment of foreign traders’ representative offices and branches

Foreign traders may establish representative offices and branches in Vietnam according to the country’s international commitments.Such is affirmed in Government Decree No. 07/2016/ND-CP dated January 25, detailing the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders. However, a foreign trader will not be allowed to set up more than one representative office […]

Government approves resolution on signing of TPP

The Government on February 2 issued Resolution No. 09/NQ-CP, agreeing to sign the Trans-Pacific Partnership (TPP) agreement. Accordingly, it authorized the Minister of Industry and Trade to ink the agreement with authorized representatives of nations joining the agreement, while procedures required will be undertaken by the Ministry of Foreign Affairs.October 5, 2015, marked a historical […]

New policies take effect in February

A string of fresh policies on compulsory insurance for construction investment activities; assistance in vocationaiontal training and job search for workers whose land is withdrawn comes into effect since February, 2016. Compulsory insurance for construction investment activities Decree 119/2015/ND-CP (Decree 119), dated November 13, 2015, on compulsory insurance for construction investment activities shall be valid since February 10, 2016. Accordingly, Decree 119 regulates […]

M&A retail sale deals on upward trend

The retail sale market has become eventful since the end of 2015 with large-scale M&A transactions carried out by domestic and foreign investors. Under its commitments to the World Trade Organization (WTO), since January, 2015, Viet Nam permitted the establishment of wholly-foreign owned companies. In addition, the official operation of the ASEAN Economic Community since 2016 is expected to permit free circulation of […]

No more governmental guarantee for groups with financial difficulties

The Prime Minister has recently nodded the Finance Ministry’s proposal to stop granting the governmental guarantee to groups or corporations that have financial difficulties, owe debts to the Accumulative Fund or are having their foreign loans on-lent by the Government or government-guaranteed loans settled.Under the proposal, the required debt-to-equity ratio would be maintained when the […]

Practical support policies needed for SMEs

Supports for small- and medium-sized enterprises (SMEs) to promote their innovations and enhance their competitiveness at home and global markets should focus on synchronous mechanisms, policies and finance regimes which must be implemented in a prompt manner and for appropriate purposes, said Deputy Minister of Planning and Investment Dang Huy Dong At a meeting held […]

Penal liability of legal entities under revised Penal Code: an initial analysis

The revised Penal Code (the 2015 Code) was just passed by the National Assembly at its year-end session and will take effect on July 1 next year. New provisions on the penal liability of legal entities make up the most important change in the Code since its initial promulgation in 1985.Nguyen Cong LongJustice Department, National […]

Amended Investment & Enterprise Laws put into reality

The amended Investment and Enterprise Laws were put into practice over half of a year with sharp increase in the number of newly-established enterprises and positive signals. Especially, six guiding documents were introduced with a view to ensuring the effective enforcement of the two laws. New record and positive signals Since the amended Investment and Enterprise Laws came into effect on July 1, 2015, the […]

Conditions for foreign parties to join in founding Vietnam-based non-bank credit institutions

In order to become a founder of a non-bank credit institution operating as a single-member limited liability company, a foreign credit institution must have total assets of over USD 10 billion at the end of the year preceding the year of license application. . . Under the State Bank of Vietnam’s Circular No. 30/2015/TT-NHNN dated […]

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