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Briefings in English - 2010

Update on Vietnamese commercial banks

A recent ratings report showed only one commercial bank in Vietnam with an A rating. It is therefore no surprise that the Vietnamese government wishes to improve its commercial banks and has taken numerous steps to do so over recent years. It fired its latest salvo in July 2009 when it issued Decree 59 on their organisation and operation, the bulk of which deals with the management of commercial banks. The decree does not seek to regulate foreign bank branches, which are regulated by Decree 22. This briefing will discuss Decree 59 in more detail. (January 2010)

Briefings in English - 2009

Indochina notes

Legal updates on investment, infrastructure and finance.

New regulations on foreign investment in existing Vietnamese enterprises

This briefing outlines the new regulations on foreign investment in existing Vietnamese enterprises effective from 15 August 2009. (July 2009)

New regulations on foreign ownership of Vietnamese companies

This briefing outlines the new regulations on foreign investors’ participation in Vietnam’s securities market effective from 1 June 2009.

Indochina notes

Legal updates on investment, infrastructure and finance.

New regulations affecting foreigners’ investment activities

Vietnam’s Ministry of Finance has issued a new decision on the activities of foreign investors in the Vietnamese securities market. This briefing summarises the new regulations and their implications for foreign investors and local securities services providers. (January 2009)

Briefings in English - 2008

Decree 139 implementing the Enterprise Law

Important progress was made in the Vietnamese legal reform process last September when the Government issued Decree No. 139/2007/ND-CP (Decree 139) on the 2005 Enterprise Law and 2005 Investment Law. This addressed some, but not all, of the lingering issues and questions relating to both laws, which have been hailed as landmarks in the reform process but require much clarification. This briefing provides an update. (February 2008)

Briefings in English - 2007

Infrastructure development in Vietnam

The Vietnamese Government has issued a new decree relating to BOT projects. Although the decree takes some steps forward, it is insufficient to make large scale foreign investment in BOT projects more likely to succeed. A truly common and clearly defined legal framework has not yet been achieved. This briefing examines the provisions of the decree. (July 2007)

Vietnam: new securities law

Vietnam’s new Securities Law came into effect in early 2007. Although the new law attempts to open up the Vietnamese capital markets, this area will remain in a very nascent stage of development. This briefing examines the provisions of the new law. (July 2007)

Briefings in English - 2006

Vietnam - new minerals law

Vietnam's 1996 law on minerals has been amended by a new law. The revised law provides the basis for a 'mineral master plan', any mining activities in violation of which are prohibited. It also clarifies the allocation of licensing authority for mineral-related projects between the central government and the local government and exempts mining of ordinary construction materials under a certain volume from the mining licence requirement. However, it does not address some outstanding issues of concern to investors from the 1996 law. (August 2006)

Vietnam - new housing law

Vietnam's housing law is the first law to set out a comprehensive legal framework for the ownership, lease, use and management of houses, including apartments, by local and foreign individuals and organisations. The law was adopted by the Vietnamese national assembly on 29 November 2005 and became effective on 1 July 2006. Given the scattered state of prior regulations and the surge in property development activities in Vietnam, the new law is a welcome clarification of the rights and obligations of the parties to housing transactions. (August 2006)

Vietnam - new investment law

Vietnam's new Law on Investment and new Law on Enterprises come into effect on 1 July 2006. Both laws represent an attempt to unify the investment landscape in Vietnam for foreign and domestic investors. However, a truly common legal framework has not yet been achieved in all areas. (March 2006)

Vietnam - amended Civil Code

This briefing provides an overview of the changes introduced by the amended Civil Code. (February 2006)

Briefings in English - 2005

Vietnam - new electricity law

Vietnam's new Electricity Law, which comes into effect on 1 July 2005, is the first law to govern activity in the country's electricity sector. (April 2005)

Vietnam - new competition law

Vietnam's long-awaited Competition Law, passed by the National Assembly on 9 November 2004, comes into effect on 1 July 2005. (January 2005)

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