Investment Law 2014 – Selecting foreign arbitration in transactions with foreign invested enterprises in Vietnam

The Investment Law 2014 introduces major changes to the ability to choose foreign arbitration as the dispute resolution forum for transactions involving a foreign-invested enterprise in Vietnam. In particular, from 1 July 2015, only transactions with a foreign-invested enterprise (or more correctly a foreign economic organisation) 51% or more of which is directly or indirectly owned by foreign investors could be referred to foreign arbitration for dispute settlement. Under the Investment Law 2005, transactions with any company with any level of foreign ownership (not necessarily more than 51%) could be referred to foreign arbitration for dispute settlement.

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.