New Enterprise Law 2014 and Investment Law 2014

The National Assembly passed this morning (26 November 2014) the amended Enterprise Law 2014 and amended Investment Law 2014. Enterprise Law 2014 and Investment Law 2014 will take effect from 1 July 2015 and replace the current Enterprise Law 2005 and Investment Law 2005 respectively. These two important laws will have major impacts on operation and management of companies including foreign invested companies and foreign investors in years to come. In the next several posts, we will highlight and comment on various key changes under Enterprise Law 2014 and Investment Law 2014. The executed versions of the Enterprise Law 2014 and the Investment Law 2014 are not available to public yet. Our comments are based on unofficial final versions of these laws. Therefore, there may be changes after the executed versions of the laws are available. 

Please click here to visit the special page on Enterprise Law 2014 and Investment Law 2014.

 

New rules on company names in Vietnam

Nearly ten years ago, the Enterprise Law 2005 contemplates a general prohibition that names of a company in Vietnam must not contain words or symbols which contravene national historical traditions, culture, ethics and fine customs. Now, from November 2014, names of new companies incorporated in Vietnam must comply with a much more detailed naming rules under Circular 10/2014 of the Ministry of Culture, Sport and Tourism. Under Circular 10/2014,

INVESTMENT PROCEDURES OF PROJECTS USING LAND

 Foreign investors must go through a number of investment, land, construction, and environment procedures in order to operate a project using land (Investment Procedures) in Vietnam. The Investment Procedures have been provided in various legal instruments and involved a number of State licensing authorities. Given the lack of clarity at law, the Investment Procedures are applied differently and inconsistently by licensing authorities. Hopefully, this unpleasant practice would be changed when, for the first time, the Government introduced the unified process of all Investment Procedures in its Resolution 43 dated 6 June 2014 (Resolution 43).

This post is contributed by my colleague, Ha Thi Dzung.