vietnam

New regulations on public offering of shares under in Vietnam

Quy định mới về chào bán cổ phiếu ra công chúng tại Việt Nam

The new rules on public offering of securities in Vietnam under the Securities Law 2019 and Decree 155/2020 contain several changes to the previous rules under the Securities Law 2006 and Decree 58/2012. Here are some notable new changes.

Are computer files property under Vietnamese law?

Tệp máy tính có phải là tài sản theo pháp luật Việt Nam không?

Computer Files are the foundation of the digital economy which in turn is the foundation of a modern economy. There are strong arguments to consider computer files being property and qualified as “things” (vật). However, in practice, it is not clear if the courts and other Government authorities will accept such arguments.

Vietnam: Amendments to the escrow amount required for operating in travel services

In this update: 1) Amendments to the escrow amount required for operating in travel services, 2) Procedures for returning the escrow money after revoking travel services business licenses, and 3) First-time registration fees of automobiles, trailers, semi-trailers drawn by automobiles and other types of vehicles similar to automobiles produced, assembled domestically.

Vietnam Weekly Update - 6 December 2021

Cập Nhật Hàng Tuần Việt Nam - 6 Thang 12 2021

In this week’s Legal Update: 1. Regulations on holding online trial, 2. Guidance on extending tax payment time, 3. Tax declaration for foreign contractors; and 4. The payment of salaries via a third-party application.

Vietnam Weekly Update - 29 November 2021

Cập Nhật Hàng Tuần Việt Nam - 29 Thang 11 2021

In this legal update: 1) Amendment, supplement on some articles of Decree No. 122/2016/ND-CP and Decree No. 57/2020/ND-CP, 2) Guidance on administrative sanctions in case of import of banned goods; and 3) Guidance on the registration of VAT declaration of export processing enterprises.

Vietnam: Customs Alert No. 05/2021 - Updated export and preferential import tariffs

On 15 November 2021, the Vietnamese Government released Decree 101/2021/ND-CP (Decree 101) amending and supplementing a number of articles of Decree 122/2016/ND-CP, Decree 125/2017/ND-CP and Decree 57/2020/ND-CP.

In-Game Units in Vietnam

This post examines the legal issues of buying and selling virtual assets in games in Vietnam with what is referred to as In-game units.

Vietnam Updates From ADK - Vol. 27: State Securities Commission advises re: investment and business activities on unregulated or non-recognized stock exchanges.

Bản Tin Pháp Luật Từ ADK - Số 27: Ủy ban chứng khoán nhà nước khuyến cáo các nhà đầu tư cảnh giác về việc tham gia đầu tư, kinh doanh trên các sàn giao dịch chứng khoán không được pháp luật chứng khoán quy...

In this update: 1) Investors to be wary of investment on unregulated or non-recognized stock exchanges, 2) The National Power Development Plan for 2021-2030 to consider reducing coal, excluding solar power from distribution, 3) Amending the Land Law to support small and medium-sized enterprises.

Vietnam Weekly Update - 22 November 2021

Cập Nhật Hàng Tuần Việt Nam - 22 Thang 11 2021

In this week’s legal update: 1. Guidelines on rooms for pressing and storing breast milk at workplaces, 2. Problems in handling administrative violations in case enterprises make false declarations; and 3. Personal income tax (“PIT”) determination for employees working for foreign airlines.

Vietnam Updates From ADK - Vol. 26: Ministry of Culture, Sports and Tourism released temporary guidance on welcoming international tourists to Vietnam

Bản Tin Pháp Luật Từ ADK - Số 26: Bộ Văn hóa, Thể thao và Du lịch ban hành hướng dẫn tạm thời thí điểm đón khách du lịch quốc tế đến Việt Nam

In this update: 1) Temporary guidance on welcoming international tourists to Vietnam, 2) Supplementing regulations of contents, forms of Certificates of compulsory fire and explosion insurance, 3) Deputy Prime Minister Vu Duc Dam proposed offering aid packages for workers who return to cities to work.

Decree 85 amending e-commerce regulations

Following on from the new rules to tighten up the taxation of e-commerce (please refer to our previous NewsBriefs for further details on related tax and customs regulations), on 25 September the Government issued Decree 85/2021 setting out new rules on e-commerce.

Vietnam Weekly Update - 15 November 2021

Cập Nhật Hàng Tuần Việt Nam - 15 Thang 11 2021

In this week’s legal update: 1) Amending and supplementing several articles of Decree No. 83/2014/ND-CP on petrol and oil trading, 2) Guidance on handling overpaid tax in case of false declaration of value of imported goods, 3) Amending on the subjects entitled to defer the payment to Trade Union funds.

Vietnam: Draft Circular guiding the contents of foreign exchange management for enterprises' foreign borrowing and debt repayment

In this update: 1) The draft Circular guiding the contents of foreign exchange management for enterprises' foreign borrowing and debt repayment, and 2) The draft Decree on the management of export and import goods transacted via e-commerce.

Establishing an Offshore Holding Company for Vietnamese Startups

This article will look at the legally promulgated process for a Vietnamese startup to setup an offshore holding company with a Vietnamese subsidiary and the possibility for additional subsidiaries in other jurisdictions.

Tax Alert - Transfer pricing in Vietnam

With the recent enhancement of the Vietnam transfer pricing (TP) regulations, full compliance with TP obligations is critical for taxpayers to mitigate potential related risks in the context of increasing tax audits and TP related adjustments by the Vietnam tax authorities.

Vietnam: Customs Alert No. 04/2021 - The Regional Comprehensive Economic Partnership Agreement

The Regional Comprehensive Economic Partnership Agreement (RCEP) amongst 10 ASEAN member countries and Australia, China, Japan, New Zealand, and Republic of Korea, will come into force in January 2022.

Vietnam Weekly Update - 8 November 2021

Cập Nhật Hàng Tuần Việt Nam - 10 Thang 11 2021

In this Legal Update: 1) Detailed regulations on solutions to support businesses and people affected by the Covid-19 epidemic; 2) The application of "Vaccine Passport" and measures to create favorable conditions for foreign experts to enter for economic purposes; and 3) Deposit level for travel service business.

Vietnam Weekly Update - 8 November 2021

Cập Nhật Hàng Tuần Việt Nam - 08 Thang 11 2021

In this week’s legal update: 1) Detailed regulations on several solutions to support businesses and people affected by the Covid-19 epidemic, 2) The application of "Vaccine Passport" and measures to create favorable conditions for foreign experts to enter for economic development purposes; and 3) Deposit level for travel service business.

Laos, Cryptocurrency Mining, and Vietnam

In September, the government of Laos authorized six companies to mine and trade cryptocurrency. This last week they announced that as part of the country's expansion into the cryptocurrency markets, they anticipate to include nearly 200 million USD in their 2022 national budget from Bitcoin mining.

Vietnam Updates from ADK - Vol. 24: The Scheme on development of non-cash payment in Vietnam during 2021 – 2025 was officially approved

In this update: 1. The Scheme on development of non-cash payment in Vietnam during 2021 – 2025 was officially approved, 2. Discount 80% of deposit for travel service providers until the end of 2023, 3. List of national projects calling for foreign investment in the period 2021-2025.