Related party transactions involving State-owned enterprises

Any State-owned enterprise in which the State has more than 50% voting right is ultimately controlled by the State. Therefore, technically transactions between any two State-owned enterprises or between one State-owned enterprise and a State authority (who is also controlled by the State) may arguably be considered as related party transactions. This is because the definitions of related persons under Enterprise Law 2014 and Securities Law 2006 include persons who can control the decision making of another company or who are under control of the same person.

Investment Law 2014 – Weaker stability protection for foreign investors

The Investment Law 2014 offers weaker stability protection for foreign investors against future changes in law. For the last two decades (since 1990) Vietnam has introduced four different Enterprises Laws and Investment Laws.  Therefore, stability protection against future changes in law is important for long term foreign investors in Vietnam (e.g. those engaged in infrastructure projects with project financing). Under Investment Law 2014,