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Advice for foreign home ownership

Advice for foreign home ownership

Although the Housing Law of 2014 created favorable conditions for foreigners to own houses here, buying a home is still no easy matter for foreigners given the legal complexity of the real estate sector in Vietnam.

Revised legal framework benefits foreign investors

Revised legal framework benefits foreign investors

From July 1, 2015, with the new Law on Investment (LOI) and new Law on Enterprises (LOE) coming into force, Vietnam changes its legal platform significantly for M&A transactions, especially for those with foreign investment elements. From a foreign buyer’s perspective, the legal framework becomes more transparent, simplified, shortened, and generally favouring those aspiring to become the target company’s controlling shareholder. The extent of improvement, however, may depend very much on how the new conditions for foreign investments are stipulated and implemented.

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Important documents regulating bank guarantee

Important documents regulating bank guarantee

On 25 June 2015, the State Bank of Vietnam issued Circular No. 07/2015/TT-NHNN on bank guarantee which is considered as one of the most important documents regulating bank guarantee applied to domestic credit organizations, branches of foreign banks for foreign customers. The Circular is to replace the previous one, namely Circular No. 28/2012/TT-NHNN on 03 October 2012 issued by the State Bank of Vietnam on bank guarantee.

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Law Changes Open up Opportunities in Property Sector But Questions Remain

Law Changes Open up Opportunities in Property Sector But Questions Remain

M&A is an essential component for business and the investment environment. In the real estate development sector, M&A is more essential since it may cleanse the obstacles in the market, and makes it more stable and flowing.

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Decree eases constraints

Decree eases constraints

Following the relaxation of procedures for foreign investment under the new laws on Investment and Enterprises, the government has also relaxed the limits for foreign investment portfolios in a decree.

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Enterprises scrutinise guidelines on new laws ahead of implementation

Enterprises scrutinise guidelines on new laws ahead of implementation

In light of the new Law on Investment that came into effect on July 1, the final draft decree implementing the law, as well as the draft circular implementing the decree, are now being prepared by the Ministry of Planning and Investment (MPI).

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New rules ease PPP implementation

New rules ease PPP implementation

The government recently released Decree 15 to provide a comprehensive legal framework for public-private partnership projects, replacing the old regulations. Net Le and Loi Huynh of LNT & Partners took a closer look.

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Key laws to bring new momentum

Key laws to bring new momentum

Last year the Vietnamese government reviewed and implemented several new policies to bolster the economy, lawyers from LNT Law Firm writes.

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Eyeing the pitfalls of arbitral awards

Eyeing the pitfalls of arbitral awards

Most legal jurisdictions recognise that employees within a company can sign a contract within the scope of their employment to bind the company to perform.

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Solutions to mitigate M&A pitfalls

Solutions to mitigate M&A pitfalls

Recently Vietnam has become a favourite merger and acquisition (M&A) destination among foreign investors, particularly from Japan, Korea  and Singapore. Popular sectors include real estate, food and beverages, retail, and to a lesser degree, manufacturing.

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One-size-fits-all contracts may not resolve disputes

One-size-fits-all contracts may not resolve disputes

LNT’s Thai Binh Tran and Quang Dao Nguyen look at some of the issues raised by the Ministry of Construction’s Circular 03 which insists on a standardised approach to property contracts between individuals and real estate developers.

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Stricter rules and centralised regulator for multi-level sales

Stricter rules and centralised regulator for multi-level sales

On May 14, the government issued Decree 42/2014/ND-CP regulating multi-level sales activities. Decree 42 took effect on July 1, 2014 and replaced Decree 110/2005/ND-CP. To detail certain provisions of Decree 42/2014/ND-CP, on July 30 the Ministry of Industry and Trade issued Circular 24/2014/TT-BCT, which will come into effect from September 15.

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Competition law key factor in M&As

Competition law key factor in M&As

While investors’ interest in Vietnam has translated into healthy growth in mergers and acquisitions (M&As) and foreign direct investment (FDI), the potentially far reaching impact of the Competition Law is not understood by many players, writes Dr. Nguyen Anh Tuan from LNT & Partners.

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New joint circular cleans up bancassurance sales rules

New joint circular cleans up bancassurance sales rules

LNT & Partners’ Hoang Nguyen Ha Quyen and Logan Leung take a look at the State Bank of Vietnam and Ministry of Finance’s new regulations outlined in Joint Circular 86/2014/TTLT-BTC-NHNNVN on managing the sale of insurance via the banking sector, which come into effect from September 1, 2014.

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New regulations absorb lessons of public-private partnership history

New regulations absorb lessons of public-private partnership history

Public-private partnerships in Vietnam are currently regulated under governmental Decree 108/2009/ND-CP and prime ministerial Decision 71/2010/QD-TTg. This legal framework is currently in the process of being revised as the regulations attempt to address the current issues facing the country’s infrastructure sector. In relation to this aim, the Vietnamese government has recently issued its draft regulations on public-private partnership investment forms.

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Getting up to speed with the Competition Law

Getting up to speed with the Competition Law

While investors’ interest in Vietnam has translated into healthy growth in M&As and foreign direct investment (FDI), the potentially far reaching impact of the Competition Law is not understood by many players, writes Dr. Nguyen Anh Tuan from LNT & Partners.

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