Vietnam Investment Law 2014/Enterprise Law 2014 – Temporary guidance by Hanoi licensing authorities

The Investment Law 2014 and the Enterprise Law 2014 will take effect very soon on 1 July 2015. However, the Government has not issued any implementing Decrees or Circulars which are necessary for the actual implementation of the Investment Law 2014 and the Enterprise Law 2014. This is unfortunate as the lack of proper implementing Decrees and Circulars may affect the operations of many companies and investors.

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Written by Nguyen Quang Vu On In , ,

New guidance on foreign ownership limits in public companies in Vietnam

On 26 June 2015, the Government just issued Decree 60/2015 providing some amendments to the implementing regulations of the Securities Law 2006. Among the amendments, the most notable ones are about changes to foreign ownership limits in a public company in Vietnam. From 1 September 2015, these changes are as follows:

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Written by Nguyen Quang Vu On In ,

Validity of a contract denominated in US$ and settled in VND

According to newspaper report, in June 2015, a district court in Hanoi has just held that an apartment sale and purchase contract the price of which is denominated in USD but settled in VND is not invalid. Instead, the price of such contract will be converted into VND at the exchange rate of the signing date of such contract. This is just a first instance judgment which can be changed or cancelled by higher courts. However, this decision has helped to clarify the long-term uncertainty about the validity of a contract denominated in US$ but settled in VND.

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Written by Nguyen Quang Vu On In ,

Investment Law 2014 – Security deposit for implementation of investment projects

Under the Investment Law 2014, the investors of an investment project whose land is leased, allocated or adjusted by the Government must make a security deposit to ensure that the project will be implemented in accordance with registered investment schedule. The amount of deposit is from 1% to 3% of the total investment capital. It is certain that the security deposit requirement will apply to investment projects licensed on or after 1 July 2015. However, it is not certain if this requirement will apply to investment projects licensed before 1 July 2015 since there is no security deposit requirement under the Investment Law 2005.

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Written by Nguyen Quang Vu On In