Bilateral Investment Treaties Claims

April 2, 2015

LEGAL UPDATE: Did you know that since the early 1990s Vietnam has signed bilateral investment treaties (often referred to as BITs) with over 40 countries pursuant to which investors from such countries can sue the Vietnamese Government if their investments in Vietnam have been affected adversely by actions of the Vietnamese Government in accordance with the terms of such treaties?


Administrative Fines

April 2, 2015

LEGAL UPDATE: Did you know that if you violate the relevant laws and administrative fines are imposed, all your profits, funds/valuable papers and assets from such violation will have to be paid back to the State? What has to be returned is to be decided by the person that reviews the administrative violation.

(Circular 149/2014/TT-BTC dated 10 October 2014 of the Ministry of Finance,...

Borrowing From Offshore Creditors

April 2, 2015

LEGAL UPDATE: Did you know that if you borrow from offshore creditors you have to register the loans with the State Bank of Vietnam or you cannot convert VND to foreign currency to repay the creditors. Loans that have to be registered include: those with terms exceeding one year; one-year loans (short-term loans) that have been extended; one-year loan that have not been extended but repayment...

New Law on Bankruptcy

April 2, 2015

LEGAL UPDATE: Did you know that there is a new law on bankruptcy that will become valid in the next 3 months? A bankruptcy proceeding can be filed involuntarily against a company by any creditor to whom the company owes a debt of 3 months or more. Employees and the trade union can also file proceedings against the company on the same basis. One of the key changes is that valid contracts can be...

New Law for M&A Deals or JVs

April 2, 2015

LEGAL UPDATE: Did you know that Vietnam has a Competition Law or anti-trust law that prohibits unfair trade practices such as price fixing, illegal use of trademarks as well as prevents monopolies in the market?

Did you know this means if you intend to enter into M&A deals or JVs (joint ventures) you need to take this law into consideration?

The Government has now decided to...