VALIDITY OF A CONTRACT DENOMINATED IN US$ AND SETTLED IN VND (Updated)

In June 2015, the first instance court decides that a contract in the territory of Vietnam that is denominated in US$ but settled in VND is not invalid. In December 2015, according to newspaper report, the appeal court has revoked a decision of the first instance court and held such a contract invalid in its entirety. This is a surprise development and may cause concern to many business transactions in Vietnam which have relied on a more relax view of the court earlier.

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Implementation of international investment treaties in Vietnam

Under Decree 118/2015, if a foreign investor is subject to multiple international treaties on the same industry or business line then the foreign investor is entitled to select one of the applicable international treaty. And if the foreign investor has selected to follow one international treaty then the investor will need to comply the provisions of such international treaty as a whole. In other words, under Decree 118/2015, a foreign investor may not be able to cherry pick the most favourable provisions of different international treaties in its favour.

Setting Up A Joint Venture Limited Liability Life Insurance Company In Vietnam

Below are key requirements and procedures for setting up a joint venture life insurance (JV) in form of a limited liability company (LLC) between a foreign insurer and a local partner. This post is contributed by Mai Chi, a VILAF trainee.

ANOTHER AMENDMENT TO EQUITISATION REGULATIONS

The Government has recently issued Decree 116/2015 which includes certain amendments to Decree 59/2011 and Decree 189/2013 on equitisation of state-owned enterprises (SOEs). Decree 116/2015 took effect immediately upon signing on 11 November 2015. This shows certain urgency in the restructuring of SOEs in Vietnam. Decree 116/2015 covers the following:

Vietnam Business Law