TO SECURE CUSTOMER INFORMATION OF FOREIGN CREDIT INSTITUTIONS

On 11th September 2018, Decree No. 117/2018/ND-CP on the protection of confidentiality and provision of customer information of credit institutions and foreign banks’ branches (“CIs”) (“Decree 117”) was issued. Decree 117 has replaced Decree No. 70/2000/ND-CP (“Decree 70”).

Effective from 01st November 2018, Decree 117 aims to update regulations on the protection of customer information at […]

INVESTMENT DISPUTE RESOLUTION IN VIETNAM

With stable and high economic growth, Vietnam is currently a country with the highest investment attractiveness in the region. However, the movement of these investment flows is also a potential risk as the number of disputes has increased and the nature of these disputes is more complex than before. The question is what we should […]

CPTPP TO COME INTO FORCE FROM 30 DECEMBER 2018

Since the Australia Senate ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) on 31 October 2018 as the sixth country having ratified the CPTPP, the CPTPP will come into effect from 30 December 2018. Vietnam became the seventh country who finished the ratification of CPTPP on 12 November 2018.

Under the CPTPP’s terms, the […]

NEW DECREE SIMPLIFYING COMMERCIAL ARBITRATION LAW PROCEDURES

The Government of Vietnam has issued Decree No. 124/2018/ND-CP amending Decree No. 63/2011/ND-CP guiding the Commercial Arbitration Law (“Decree 124”). Decree 124 took effect on September 19, 2018.

Accordingly, in order to satisfy the requirements of Decision 1319/QD-BTP approving the plan for reduction and simplification of business conditions in domains under State Management issued by the […]

THE ORGANIZATIONAL SUTRUCTURE OF THE COMMISSION FOR THE MANAGEMENT OF STATE CAPITAL IN ENTERPRISES

On September 29, 2018, the Government passed Decree No.131/2018/ND-CP dated which stipulates the functions, tasks, powers, and organizational structure of the Commission for the Management of State Capital in Enterprises (“Decree 131“). Under Decree 131, the Commission for the Management of State Capital in Enterprises (“CMSC“) is a governmental agency assigned by the Government  to […]

By |October 30th, 2018|Banking, Finance & Capital Markets|0 Comments

AMENDMENT OF THE SECURITIES LAW SHOULD COME WITH THE INVESTOR PROTECTION FUND

Attorney Phung Anh Tuan, Vice President cum General Secretary of the Vietnam Association of Financial Investors (VAFI), Managing Partner VCI Legal had an interview with Vietnam Investment Review about amendment of the Securities Law.

“To protect investors, especially retail investors, in this amendment of the Law on Securities, the Ministry of Finance, the State Securities Commission […]

FOREIGN CURRENCY PAYMENT IN VIETNAM-CHINA BORDER TRADE AREA

On 28th August 2018, the Circular 19/2018/TT-NHNN on guiding about foreign exchange management for border trade activities between Vietnam and China (“Circular 19/2018/TT-NHNN”) has been issued. Circular 19/2018/TT-NHNN replaced Decision No 689/2004/QD-NHNN (“Decision 689/2004/QD-NHNN”).

Effective from 12th October 2018, Circular 19/2018/TT-NHNN aims at boosting cross border trade, facilitating trade between the two countries, and better performing […]

SOME NEW POINTS OF COMPETITION LAW 2018

On June 12, 2018, the Law on Competition (“Competition Law 2018”) was officially passed by the Vietnam National Assembly and officially affected on July 1, 2019. The new law has many new features compared to the Law on Competition 2004 such as an expansion in the scope of governance and applicable entities, new concept of […]

LEGAL BRIEF ON TRANSFER PRICING

Vietnam is one of the countries with advanced laws on transfer pricing which are in compliance with global accounting standards. However, many enterprises doing business in Vietnam find Vietnamese laws on transfer pricing difficult to understand or to be complied with. This paper explains the basic principles laid down in Vietnamese laws on transfer pricing […]

FINANCIAL INSTITUTIONS: COMPLIANCE & RISK MANAGEMENT

Financier Worldwide Magazine has just published a round-table discussion that was held on July 2, 2018. In its latest Banking & Finance issue, the discussion covered common issues related to compliance and risk management which financial institutions are encountering.

In addition to being attractive targets for hackers, criminals and state actors, financial institutions (FIs) are subject to […]