Stricter regulations on issuance of Vietnamese Government guarantees

Under Decree 4/2017, the Vietnamese Government imposes stricter regulations on issuance and management of Government guarantees. Government guarantees under Decree 4/2017 are guarantees issued on behalf of the Vietnamese Government (as the guarantor) in favour of foreign lenders to guarantee loans or bonds borrowed or issued by companies in Vietnam. Under Decree 4/2017:

E-SIGNATURES IN BANKING SECTOR FOR CORPORATE CUSTOMERS

Most banks in Vietnam provide internet banking services to its customers via a web-based platform (the E-platform) which enables bank customers to create, authorise and dispatch instructions (E-Documents) to the bank electronically. Usually, an E-platform provides users with authentication tools including customer ID, user IDs, passwords and one-time password (the OTP) to get access to the E-platform. 

Offshore indirect investment by Vietnamese companies

Under Decree 135/2015 effective from 15 February 2016, a local company can invest in shares, bonds and other securities issued offshore of Vietnam (Offshore Indirect Investment) via an entrustment agreement (hợp đồng ủy thác đầu tư) with a licensed fund management company, securities company or commercial bank (Local Managers) if:

  • the State Bank of Vietnam (SBV) designates investment in offshore securities investment funds includingOffshore Fund as a permitted type of offshore indirect investment;
  • the entrusted amount is within the annual limits for overall offshore indirect investment approved by the Prime Minister;
  • the local company satisfies certain conditions (see below); and
  • the Local Manager satisfies certain conditions (see below).