ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Năm, 22 tháng 6, 2017

VND300 trillion needed for infrastructure projects in HCMC


HCMC – The HCMC government will need around VND300 trillion (US$13.2 billion) for its urban infrastructure projects by 2020 but its budget can meet half the amount at best, heard a meeting on June 13.

The city will be able to arrange a mere VND164 trillion for these projects by 2020, said Le Thi Huynh Mai, deputy director of the HCMC Department of Planning and Investment.
City vice chairman Tran Vinh Tuyen said the city’s population had grown to a whopping 13 million, including migrants from other parts of the country, so the city had come under huge pressure to carry out new infrastructure projects, especially in the inner-city districts which account for 12 million residents.
The city is in dire need of new hospitals and schools while the city is working hard to pay for about 199,000 State employees.
The central Government has asked the city to reorganize its administrative agencies and make some of them financially independent to ease the burden for the State budget, he added.
According to a Department of Planning and Investment plan presented on June 13, the city will opt for public-private partnership (PPP) as a key investment format for future infrastructure projects, including 54 projects previously allowed to use State capital, totaling more than VND18.4 trillion.
The city will push for 105 PPP projects worth a total of VND334.6 trillion and encourage the private sector to participate in 98 others capitalized at about VND128.8 trillion, according to the department.
The department said the city will introduce an attractive mechanism for luring private capital into vital projects, especially for social housing, resettlement and infrastructure.



Thứ Tư, 21 tháng 6, 2017

CAAV insists on granting air transport license for Bamboo Airways

Viet Bamboo Airlines Co Ltd (Bamboo Airways) has yet to produce a financial confirmation statement as required by the current civil aviation rules, but the Civil Aviation Authority of Vietnam (CAAV) has proposed the Ministry of Transport ask the Prime Minister for issuing a business license for it.

In a document sent to CAAV on June 12, Bamboo Airways, a unit of property developer FLC Group, has promised to submit a confirmation statement on its chartered capital once the scheme for the establishment of Bamboo Airways is appraised by authorities.


CAAV said the company’s documents for a business license basically meet business conditions in the aviation sector under Decree 92/2016, although it has shown no financial confirmation statement as needed.

Under the prevailing regulations, civil aviation investors must submit a capital confirmation statement issued by a bank. Otherwise, they must send a relevant document from a price appraisal agency approved by the Finance Ministry to confirm the balance of an escrow account is equivalent to their chartered capital.

In case of Bamboo Airways, its total chartered capital must be at least VND700 billion (US$30.8 million). In fact, FLC Group set up the company with the same chartered capital last month, which is required for the carrier to be licensed with a fleet of 10 planes to operate domestic and international flights.

CAAV’s deputy head Vo Huy Cuong said projects in the air transport sector must be approved in principle by the Prime Minister, according to Article 31 of the 2014 Investment Law. Therefore, if capital is paid in sufficiently, or the balance of an escrow account meets the minimum capital requirement, a long time of consideration will make life difficult for investors.

Thus, CAAV has proposed that the Transport Ministry petition the Prime Minister to approve the appraisal procedures for issuing a business license for Bamboo Airways.

The Government declined approving an application for establishment of Vietstar Airlines last year, as its investor had yet to meet the chartered capital requirement. Its paid-in capital at the time was over VND70 billion short of the required VND700 billion.

A civil aviation firm must have chartered capital of at least VND700 billion to establish an airline with 10 planes. However, at the time of application, Vietstar had only VND625.7 billion.

Source: The Saigon Times

Benefits of Investors in Setting up a Business in Da Nang

Da Nang is one of the five major cities in Vietnam, having a geographical location that is particularly conducive to rapid and sustainable economic development. Da Nang has important transportation routes such as the China-ASEAN international railway crossings, seaports and international airports.
Da Nang is one of the tourist centers of the country, has rich tourism potential including natural tourism resources and humanities. Da Nang has many famous scenic spots such as Hai Van pass, Son Tra mountain, Ba Na hills, Ngu Hanh Son, Cham Museum or My Khe beach have been voted by Forbes magazine as one of the six most beautiful beaches in the world. These conditions are favorable for the development of diversified forms of tourism such as travel, research, cultural.

Da Nang have infrastructure development, four types of roads are popular: high way, rail way, International airport and International sea way. Da Nang have the sea lanes to most major ports in Vietnam and around the world. It helps investor more convenient to travel everywhere in Vietnam and other countries. Moreover, Da Nang’s water supply, electricity supply and communication system has developed rapidly and is increasingly modernized, ranking third in the whole country after Hanoi and Ho Chi Minh City. Da Nang have Da Nang Port, which help investor in import/export activities easily.
The first advantage of the policy mechanism is that Da Nang has also had great support the mechanism and policies for socio-economic development of Da Nang. Since Da Nang was recognized as a national grade I city in 2003, Da Nang has implemented guidelines, regulatory directions and the issuance of specific regulatory mechanisms. With the support from the Central Government, Da Nang authorities have also developed appropriate policies and mechanisms to facilitate the development of the economy, such as the one-stop-shopping mechanism, so Da Nang which is considered as a locality with attracting investment policies in Vietnam. Examples: Procedures related to investment, investment locations, clearance and handover plan, the granting of business registration certificates and investment preference certificates shall be carried out under the one-stop-shopping mechanism at the provincial municipal all of them are resolved at Da Nang Administration Center. Investors shall be exempt from all expenses related to the settlement of investment procedures apart from the payment of business registration fees according to the provisions of law. When investing in Da Nang, investors not only enjoy many preferential policy from city government but also have chance to find clients from many countries or compete with other companies in Vietnam and foreign countries.
Tradition of unity, consensus of people and the dynamism and creativity of the leadership, these advantages has aroused, mobilized the strength, the most important and decisive resource for the development of Da Nang. The determination of leaders, city authorities in building programs, projects with the support of the people, investors, enterprises, ect that help investors who will invest in Da Nang have highest benefits.


Thứ Hai, 19 tháng 6, 2017

Australia Initiated the Anti-dumping Investigation Against Rod in Coil Originating from Vietnam

On June 7th, 2017, the Anti-Dumping Commission of Australia (ADC) initiated the anti-dumping investigation against rod in coil originating from Indonesia, Korea and Vietnam.
At present, rod in coil is not applied tax when being exported from Vietnam into Australia.

Investigated product includes HS code: 7213.91.00.44, 7227.90.90.02 and 7227.90.90.42
The company that filed claim for investigation: OneSteels Company.
Period of investigation: 1/4/2016 to 31/3/2017.
Period of damage investigation:1/1/2013 up to present.
Dumping margin of product as allegation of plaintiff is 30,6% for Vietnam, 30,6% for Indonesia and 43,3 % for Korea
However, as preliminary calculation of ADC, expected dumping margin should be: 20,9% for Vietnam, 29,8% for Indonesia and 20,9 % for Korea
The filing party alleges that Vietnam belongs to particular market situation because of the level tax of two primary input material types, accordingly, the normal price shall be calculated by using the selling price in Vietnam but using the cost of a similar producer. The ADC may apply temporary anti-dumping measures but not earlier than 60 days since the date of initiation.
As expected, ADC shall issue Essential Facts on Sep 25th, 2017 and concerned parties shall have 20 days to comment.
The concerned parties could send the comment through their anti-dumping lawyers or law firm in Vietnam and Australia whom is familiar with the process and procedures in Australia.
In the past, Australia implemented anti-dumping investigation against this product originating from Indonesia, Taiwan and Turkey. Accordingly, Indonesia and Turkey were applied tax in 2015 but after the on review in 2016, tax has been lifted for product from Indonesia (due to causing no damage for Australian manufacturing industry).


Thứ Tư, 14 tháng 6, 2017

Conditions for Business in Accounting Services of an Enterprise

Legal Based:
  • Law on Accounting 2015;
  • Circular 297/2016/TT-BTC on granting, management and usage of certificates of eligible for providing accounting services.
1. Form of business
a. An accounting firm may be established in the form as follows:
  • A multi-member limited liability company;
  • A partnership;
  • A private enterprise.
The accounting firm must not contribute capital to establishment of another accounting firm, except for contribution of capital together with a foreign accounting firm to establishment of an accounting firm in Vietnam.

b. A foreign accounting firm is allowed to provide accounting services in Vietnam as follow manners:
  • Contributing capital together with an existing accounting firm in Vietnam to establish an accounting firm;
  • Establishing branches of the foreign accounting firm;
  • Provide accounting services across the border as prescribed by the Goverment.
2. Conditions for granting Certificate of eligibility to provide accounting services
a. For a multi-member limited liability company
  • Having an Enterprise Registration Certificate, Investment Registration Certificate or an equivalent document as prescribed by law;
  • Having at least two capital contributors (members) are accounting practitioners;
  • The legal representative, director or general director of the company is an accounting practitioner;
  • Ensuring the proportion of capital contribution by accounting practitioners over 50%; Ensuring the maximum proportion of captital contribution of organization members equal to 35% of charter of an accounting firm.
b. For a partnership
  • Having an Enterprise Registration Certificate, Investment Registration Certificate or an equivalent document as prescribed by law;
  • Having at least two general partners are accounting practitioners;
  • The legal representative, Director or General Director of the partnership is an accounting practitioner.
c. For a private enterprise
  • Having an Enterprise Registration Certificate, Investment Registration Certificate or an equivalent document as prescribed by law;
  • Having at least two accounting practitioners in the enterprise;
  • The owner of the private company, who holds the position of Director, is an accounting practitioner.
d. A branch in Vietnam of a foreign accounting firm
  • The foreign accounting firm is permitted to provide accounting services according to regulations of law of its home country;
  • Having at least two accounting practitioners, including the Director or General Director of the branch;
  • The Director or General Director of the branch does not concurrently hold the position of manager or executive officer of another enterprise in Vietnam;
  • The foreign accounting firm has submitted a document to the Ministry of Finance that it is responsible for every obligations and commitments of the branch in Vietnam.
3. Granting Certificate of eligibility for business in accounting services
a. Preparation of Dossier
  • An application form for the Certificate of eligibility to provide accounting services;
  • Copies of the Certificate of Enterprise Registration, Investment Registration Certificate, or an equivalent document;
  • Copies of Certificates of Accounting Practice Registration of accounting practitioners;
  • Employment contracts between the accounting firm and accounting practitioners;
  • Documents proving capital contribution (for limited liability companies);
  • The company’s charter (for partnerships and limited liability companies);
  • A written commitment to take responsibility by the foreign firm; documents proving the foreign firm is permitted to provide accounting services (for branches in Vietnam of foreign accounting firms).
b. Order and procedure
  • Enterprises submit dossier to Ministry of Finance;
  • Within 15 days form the day of receiving valid dossier. Ministry of Finance shall issue the Certificate of eligibility to provide accounting services to enterprises;
  • In case need to clarify the matters related to the dossier. Ministry of Finance shall request enterprises to explain and then granting Certificate to enterprise within 15 days form the day of receiving the valid additional document.


Chủ Nhật, 11 tháng 6, 2017

North-south expy incentives meant to lure foreign investors


HANOI – The Ministry of Finance has approved strong financial incentives proposed by the Transport Ministry for the North-South Expressway project in a move to attract capable investors, especially those from abroad. Such incentives are aimed to minimize risks for investors wanting to get involved in this big-ticket project.

The Government has offered multiple financial incentives in preparation for inviting tenders for 20 component projects, with 17 of them under the build-operate-transfer (BOT) investment format, in the first phase of the project.

In particular, the Transport Ministry is allowed to raise toll fees in the project’s feasibility study and contract. Especially, fee adjustments can be more flexible and will not have to follow the Finance Ministry’s prevailing regulations.


Inflation of around 4% a year can be factored into toll fees. Besides, the return on equity is allowed at 14% a year, or 2-3 percentage points higher than those applied to other BOT projects.

The disbursement of investors’ capital and bank loans will follow the rates specified in their contracts in line with the progress of their projects. In other words, investors will not have to contribute their capital once upon issuance of investment certificates as regulated for other projects.

These financial mechanisms are mainly designed to attract international investors, as previous regulations have kept potential investors at arm’s length due to high risks of slow capital recovery.

The suggested return on equity ratio is about 2.15 times higher than deposit rates at commercial banks, also with the aim of luring foreign investments.

As covered in the Daily on Tuesday, the Ministry of Transport has proposed a slew of policy incentives for the North-South Expressway project.

These include the State Bank of Vietnam’s commitment to allow investors to access bank loans, while the transport ministry can apply various types of investment formats and contracts in the project that is divided into multiple components.

The ministry also asked for the Government’s permission to appoint consultants responsible for drawing up the project’s feasibility study and technical design, as well as consultants offering appraisal services for the project in phase one.

The project with four to six traffic lanes and allowing for speeds of 80-100 kilometers per hour will require an estimated VND312.4 trillion (US$13.7 billion).

The main section from Hanoi City to HCMC has 1,622 kilometers in length, of which 123 kilometers has been opened to traffic, including the Phap Van-Cau Gie, Cau Gie-Ninh Binh, and HCMC-Long Thanh-Dau Giay sections. Besides, work on the 127-kilometer Danang-Quang Ngai section is underway.

In phase one, work on some 713 kilometers is divided into 11 sub-projects, with eight public-private partnership (PPP) and BOT ones, and three others under the public investment format in 2017-2020. Besides, around 659 kilometers is developed under nine BOT sub-projects from 2011 to 2025.

The second phase from 2025 onwards is intended to extend the North-South Expressway in accordance with the project’s approved master plan.


Source: The Saigon Times

Thứ Năm, 8 tháng 6, 2017

Vietnam M&A market hits US$1.8 billion in Jan-May


 Capital contributions and share purchases by foreign investors via mergers and acquisitions (M&A) deals amounted to around US$1.8 billion in the first five months of the year, up a whopping 116.2% compared to the same period last year.
Foreign investors engaged in 2,061 M&A transactions in the period, according to the Foreign Investment Agency under the Ministry of Planning and Investment. Foreign investors via M&A deals have now entered various sectors, including production and services.


For example, Thailand’s Siam Cement Group acquired the entire stake worth US$156 million in a cement manufacturer, Vietnam Construction Materials JSC, in the central province of Quang Binh, while South Korean food firm CJ CheilJedang Corporation raised its controlling stake to 71.6% in the former Cau Tre Export Processing JSC late last year.
In regard to the real estate sector, Singapore’s Keppel Land Limited through its subsidiary Krystal Investments Pte Ltd clinched a deal with the Southern Waterborne Transport Corporation (Sowatco) to acquire an additional 16% stake worth VND845.9 billion in the Saigon Centre property in downtown HCMC.
M&A deals in the real estate market could hit a record high this year as many investors are sounding out opportunities to pour billions of dollars in budget and mid-end apartments, offices, hotels and industrial parks, according to property services provider Jones Lang LaSalle Vietnam.
The European Chamber of Commerce in Vietnam (EuroCham) says many investors consider M&A deals as the most effective way to penetrate the Vietnamese market and expand their business as well. This investment trend is expected to continue next year.
The growth of M&A deals is thanks to the 2014 Investment Law that clarifies some previously ambiguous regulations, according to analysts.
Specifically, foreign investors have no need to go through investment procedures if they choose investment capital contributions and share purchases.
Notably, Decree No. 60/2015/ND-CP allows investors to increase their ownership at many listed and public companies from 49% to 100%, except for those active in conditional business sectors.
Besides, they have seen more opportunities emerging, especially the Government’s effort to equitize State-owned enterprises to divest State stakes from non-core business operations.


Source The Saigon Times

Thứ Ba, 6 tháng 6, 2017

Five types of real estate contracts abolished mandatory notarization procedure

As stipulated in Vietnam Civil Code 2005, almost all types of contract involving the transactions in real estate, notarization, and registration at competent authority are compulsory.  As real estate transactions are normally at high value, the process of notarization and registration would help parties involved to be protected from falsified transactions.

 In order to improve the administrative procedure, government has simplified the process as regulated in Resolution 52/2010/NQ-CP under which five types of real estate contracts do not require mandatory notarization:
i) Leasing land use right and properties belonging to land;
ii) Transferring agricultural land use right;
iii) Land use right on loan or in due;
iv) Leasing residential house;
v) Authorizing management of residential house.
Accordingly, both parties may negotiate, make contract in writing and sign, stamp as required by laws. However, as real estate transactions are normally at high value, the process of notarization and registration would help parties involved to be protected from falsified transactions.  Our real estate lawyers in Vietnam recommend client to have house leasing contracts voluntarily notarized to better protect their interests in disputes or any future issues.
For more information or legal advice in real estate transactions, we are glad to assist.  ANT Lawyers, your lawyers in Vietnam.


Thứ Hai, 5 tháng 6, 2017

Post Licensing Procedures

The issuance of the business registration certificate respectively the investment certificate is the first step to commerce operations.  However, even after the changes in the Vietnam investment law, there are some post-licensing procedures, as listed below, which can be time consuming and therefore should be kept in mind.

The following  check-list should be considered:
1/ Notification to the investment certificate issuing body on the commencement of the operation of the company within 15 days from the of issuance of the investment certificate;
2/ The establishment of the company must be published in three consecutive issues of daily newspaper within 30 days;
3/ The official seal of the company has to be produced and registered with the provincial police department;
4/ A tax registration must be applied for issuance tax code at provincial Tax Department;
5/ A investment bank account must be opened at Commercial bank in Vietnam for implementation invested transactions;
6/ A chief accountant must be nominated;
7/ Once an investor has fully paid up its capital contribution, the company is required to issue a certificate of capital contribution.
8/ The company must be submitted report every 3 month or 6 month and at the end of the year to Department of Planning and Investment, and the General Department of Statistics of Vietnam;
9/ The foreign owned company or partnership company must be summit the audited financial report of each year to provincial Department of Planning and Investment and Tax Department by March 30th in the next year of finance year;
10/ For recruitment of expatriates, the company must submit an application to the local Department of Labour, Invalids and Social Affairs (“DOLISA”) for work permit in Vietnam before hiring foreigner to work in Vietnam;
11/ Should the legal representative of the company be a foreign national, he/she is required to obtain the temporary residence card in Vietnam that allow him/her to live in Vietnam.


Thứ Sáu, 26 tháng 5, 2017

Decree No. 30/2013/ND-CP on aviation business and operations

On Apr 8th, 2013, the Government issued Decree No. 30/2013/ND-CP on business air transport and general aviation operations to replace Decree 76/2007/ND-CP dated May 9th, 2007.

The new Decree regulates on conditions and procedures for granting business permits for air transport, general business aviation license for commercial purpose, registration certificate of general aviation operation for commercial purpose, the use of brand, franchise businesses in air transport business and air transport operation enterprises for commercial purposes.
According to this Decree, the age of the used aircraft imported into Vietnam is regulated as following:
a) For passenger aircraft: Not exceeding 10 years from the date of manufacture to the point of entry into Vietnam under the purchase contract, lease purchase contract; does not exceed 20 years from the date of manufacture to the expiry of the leasing contract; 25 years from the date of manufacture to the expiry of the lease contract for helicopters;
b) For cargo aircraft, postal parcels and business aviation for commercial purposes: Not exceeding 15 years from the date of manufacture to the point of entry into Vietnam under the purchase contract, lease purchase contract; not exceeding 25 years from the date of manufacture to the expiry of the lease contract;
c) The type of aircraft other than those specified above: Not exceeding 20 years from the date of manufacture to the point of entry into Vietnam under the purchase contract, lease purchase contract; does not exceed 30 years from the date of manufacture to the expiry of the lease contract.
In addition, the decree also provides for capital requirements:
1. Minimum capital requirement to establish and operate airline air transportation business:
a) Operation upto 10 aircrafts: 700 billion VND (or USD 25m) for airlines to do international air transport; 300 billion VND for airline operators in domestic air transportation;
b) Operation from 11 to 30 aircrafts: 1,000 billion VND for airlines to do international air transport; 600 billion VND for airline operators in domestic air transport ;
c) Operation from 30 aircrafts or more: 1,300 billion VND for airlines to do international air transport; 700 billion VND for airline operators in domestic air transport.
2. Minimum capital requirement for the establishment of the airline business for commercial purposes: 100 billion VND Vietnam.
This Decree shall be effective from the date of 06/01/2013.


Thứ Năm, 25 tháng 5, 2017

Time Limit of Trademark Protection Extension

Procedure of extending mark certificate in Vietnam
As regulation of law on intellectual property, the mark, trademark or service mark, is one of protected subjects of industrial property right. However, to be protected by law, the owner of mark shall apply protection registration dossier to competent authority prior. When the owner registers and is granted a certificate of registered mark, the owner shall have the exclusive right to label the product, service or both, right to allow others to use the mark throughout mark license contracts, right to assign the mark ownership and right to prevent breaching action from any third party.

However, a certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date. When the validity terminates, in order to continue being the owner of mark, the owner of Certificate shall implement the procedure of extending the protection validity of the certificate. It is important that the owner has to be aware of the time to apply dossier for a certificate extension in accordance with the law.
As regulation of law, time limit of extending mark certificate is prior or after six (06) months from the expiration date of mark certificate. If the extension is applied prior 06 months since the expiration date, the owner shall pay extension fee. If the extension is applied after 06 months since the expiration date, the owner shall pay extension fee and fine for late payment as month.
Procedure of extending mark certificate:
With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in extending your trademark or service mark or both in Vietnam.


Thứ Hai, 22 tháng 5, 2017

Real Estate Legal Matters in Vietnam

In general, it is not permitted to own land in Vietnam as a private entity because the land belongs to the people and the State of Vietnam thereby operates as the administrator.

However an ownership of a right to use land is permitted according to Vietnamese Law.  This so-called Land Use Right (“LUR”) Certificate provides the means to lease land from the State for Vietnamese and foreign people.  This LUR Certificate entitles the land users to protect their legitimate rights and interests.  The sale of a house or real estate is in fact the transfer of the rights for house ownership combined with the transfer of the land from the seller.  The right to use land can be directly acquired by different ways that are: lease from the state; sub-lease from a developer of a zone; transfer from another land user; allocation from the state.  The legal grounds for Land and House Law of Vietnam are stipulated in the Law on Housing 2005 of Vietnam as well as in the Law on Land 2003.  The rights and entitlements of holders of house ownership and the holders of the LUR Certificate are settled in this law.
According to Article 12 of the Law on Housing 2005, the name of the individual who holds the house ownership shall be written in the house ownership right certificate and his/her rights are stipulated in Article 21 that include for example the rights to posses; use; sell; lease; donate; exchange; lend or to let other people stay temporarily in the house.  As stipulated in Article 106 of the Law on Land 2003, the one who holds the LUR and house ownership certificate is entitled to exercise the full range of rights over the land/house. As such, land use rights and ownership of assets on the land are combined in the Certificate of Land Use Right and House Ownership Right (LURC).
But the possibilities to acquire land or houses depend on the individual/organization that wishes to do so, because Vietnamese, overseas Vietnamese and Foreigners do not have the same rights.  Especially for foreigners, it was often quite challenging to acquire land or houses in Vietnam. Before the year of 2009, foreigners could not legally acquire property but only could make a joint venture with a Vietnamese company. But the Resolution No. 19/2008(ND-QH12, effective January 2009, started to entitle foreigners to own houses in Vietnam under the conditions that the foreigner 1) is hired by an enterprise that currently operates in Vietnam and 2) must have at least a temporary residence card to purchase and own an apartment unit in Vietnam. This five-year piloting program that would end in 2014 is now discussed by the Vietnamese Prime Minister to continue this program after the first five years to support the real estate market and to make it more attractive for foreigners.
Even though about 80,000 expats live and work in Vietnam, only more than 400 cases of foreigners buying houses in Vietnam could be registered. Of course, this might be due to the difficulties for foreigners to buy houses before this pilot program . But this Resolution No. 19, which was guided by Decree No. 51/2009/ND-CP, still does not make it easy to operate in the real estate market in Vietnam for foreigners because of the complicated procedures to register ownership. After the first 5 years, the government stated to have the plan to review the pilot policy and the Ministry of Construction also opened up for the idea to allow foreigners to buy houses no matter if they work and do business here or if they want to buy real estates in Vietnam.
As the Vietnam’s real estate situation seems to stand before a turning point, it is necessary to keep up to date with all legal changes and developments. Due to the fact that Vietnamese law has special provisions for every organization or individual who wishes to operate with land and real estates related to House Law, it is inevitable to know about this legal circumstances in Vietnam.
ANT Lawyers could assist in different land and house related projects and matters such as land ownership, house purchase or sale and is aware of the differences between provisions on house law for foreigners and Vietnamese. Our professionals could advise clients about possibilities and potential risks concerning real estate laws, housing laws in Vietnam and furthermore could support clients with required procedures with the Vietnamese authorities.
ANT Lawyers constantly researches for the latest legal updates to ensure that we provide best and up-to-date services to clients whom are interested in real estate and and housing matters in Vietnam.


Thứ Tư, 17 tháng 5, 2017

Transfer of Investment Projects in Vietnam

What steps to be taken to transfer an Investment Project in Vietnam?
Under the current Law on Investment, investors are entitled to transfer part or all of the project to another investor when satisfied the specific conditions and conducting to procedure of project adjustment under the regulation of law.

The conditions of project transfer
  • The project is not terminated in the cases as prescribed in Clause 1 Article 48 of Law on investment;
  • Investment conditions applied to foreign investors are satisfied in case the foreign investor receives a project of investment in conditional business lines;
  • Regulations of law on law, real estate trading is complied with if the project transfer is associated with transfer of land;
  • Conditions in the Certificate of investment registration or relevant regulations of law are complied with.
Preparation of dossier
  • A written request for permission for project adjustments;
  • A report on the project’s progress up to the time of transfer;
  • The project transfer contractor an other document with equivalent legal value;
  • Copies of the ID card or passport (if the investor is an individual) or Certificate of Enterprise Registration or another document with equivalent legal value (if the investor is an organization);
  • Copies of the Investment Registration Certificate or decision on investment guidelines (if any);
  • Copies of the BCC contract (for BCC projects);
  • Copies of one of the following documents of the transferee: financial statements of the last 02 years; commitment to provide financial support by the parent company, commitment to provide financial support by a financial institution, the guarantee of transferee’s financial capacity, documents describing the transferee’s financial capacity;
Order and procedure
  • Investors submit the dossier at Department of Planning and Investment (or Management of Economic Zone or High-tech Zone);
  • Within a period of 10 working days from the date of receipt the complete and valid dossier for an investment project operating under an investment license and not subject to decision of investment policy (or 28 working days from the date of receipt the complete and valid dossier for an investment project which is subject to investment decision of the provincial People's Committee; 47 working days from the date of receipt the complete and valid dossier for the investment project subject to the decision of the Prime Minister), the competent authorities consider and decide to adjust the investment registration certificate to the investor transferring the project.
Before transferring an investment project, investors need to evaluate the legal situation, apart from the financial, personnel, and other key issues of the project, which are subject of the transfer. Therefore, to ensure effective transfer, investors often engage law firms with highly qualified lawyers in Vietnam to conduct M&A legal due diligence related to the legal documentation of the owner, capital contribution of the shareholder or member, tangible assets (land use rights, plant and machinery, equipment, etc.) and invisible assets (including industrial property rights), licenses, contracts or transactions of great value, taxes and other legal risks such as litigation or disputes which could significantly impact the project..
The transfer of an investment project is an administrative procedure with a state agencies that is only smooth when the parties reached agreements. In fact, the transfer of the investment project’s timeline depends on the appraisal and evaluation process of the parties involved in the project.