RECOMMENDATIONS OF VCI-LEGAL ON DRAFT AMENDING AND SUPPLEMENTING THE INVESTMENT LAW AND ENTERPRISE LAW

On January 22, 2019, Ministry of Planning and Investment announced an Official Letter No. 363/BKHĐT-PC for the proposal of comments regarding the Draft amending and supplementing some articles of the Law on Investment and Law on Enterprise (hereinafter referred to as the “Draft”). VCI Legal has some preliminary comments as follows:

I. Regarding the revised Enterprise […]

PRESS RELEASE: VCI LEGAL CONTRIBUTES RECOMMENDATIONS TO THE DOING BUSINESS 2020 WORLD BANK SURVEYS

The World Bank’s Doing Business 2020 Project is a survey report which aims to provide objective measures of business regulations and their enforcement across 190 economies, including Vietnam. The study has become one of the flagship knowledge products of the World Bank Group in the field of private sector development, and has motivated the design of several regulatory reforms in developing […]

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 […]

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 […]

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 […]

OVERVIEW OF THE LAW ON ACCESS TO INFORMATION

Vietnam’s lawmakers approved legislation on The Law on Access to Information No 104/2016/QH13 (“AIL”) on April 6, 2017.  The Law on Access to Information came into effect on July 1, 2018.

AIL contains 5 chapters and 37 articles. Accordingly, all citizens are equal and there will be no discrimination in the right to access information. The […]