New Decree on Legal Opinions of the Ministry of Justice

Decree 51/2015 issued in May 2015 is an entire new decree on legal opinions issued by the Ministry of Justice (MOJ) of Vietnam. The MOJ has been issuing legal opinions covering various Vietnamese legal issues to support for financing various large scale infrastructure projects for many years. For the first time, Decree 51/2015 sheds some lights on MOJ’s legal opinion practice. In particular, 

Investment Law 2014 – What kinds of Investment Registration Certificates that a foreign investor needs?

Under Enterprise Law 2014, a foreign investor wanted to set up a company in Vietnam is required to obtain an Investment Registration Certificate (IRC) regarding the foreign investor first. Under Investment Law 2014, an IRC is a document recording the information about the investment project that the investor registers with the licensing authority. However, as there is no clear definition of an investment project, there may be various “kinds” of ICs that may be available to a foreign investor.

New Decree on Private Public Partnership Investment

Decree 15/2015 on private public partnership (PPP) investment was issued in February 2015 and will take effect from April 2015. Decree 15/2015 will replace the current regulations on, among other things, BOT and BT investment (Decree 108/2009) and the ad-hoc regulations on PPP investment (Decision 71/2010). The following are salient points of Decree 15/2015: