Forms of Foreign Investment in Vietnam

From 01/01/2021, the Law on Investment 2020 in Vietnam came into force. According to the Vietnam Law on Investment 2020, there are five types of foreign investment in Vietnam.

 

1.Investment in the establishment the economic organizations:

This type comprises two methods: Establishment of a company with 100% capital from foreign investors or establishment of a company between the domestic investors or the domestic government and foreign investors.  Before establishing the economic organizations, the investors must have the investment project, perform the procedures for issuance of the Investment Registration Certificate, satisfy the conditions on the percentage of charter capital ownership according to the Law on Securities, on equitization and transformation of state-owned enterprises, and the other conditions according to the international treaties that Vietnam signed (if any).

2.Investment in the capital contribution, purchase shares, purchase contributed capital:

Capital contribution, purchase shares, purchase contributed capital are the types of indirect investment for foreign investors through the purchase of stocks, bonds, and other valuable documents. Investors must conform to the legal provisions on capital contribution, purchase share, and purchase contributed capital.

3.Implementation investment project:

Foreign investors can sign the PPP contract. This is an investment method based on limited-term cooperation between the State and private investors through the signing of PPP contracts to attract private investors to participate in the implementation of investment PPP projects.

4.Investment under the BCC contract:

BCC contract is signed between the domestic investors according to the Civil Law. BCC contract with at least one party being a domestic investor that performs the procedures for granting the Investment Registration Certificate.

5.New forms of investment and economic organizations according to the Government’s rules.

We could assist the client to set up company in Ha Noi, Ho Chi Minh City, Da Nang or in other provinces in Vietnam.

ANT Lawyers - a Law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529

 

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What are the Process of Investigation of Imposing Trade Remedies?

Trade remedies are trade policy tool that allow governments to take remedial action against imports which are causing or threatening to cause material injury to a domestic industry. This is considered as a tool for maintaining the international trade order in a way of fairness and sound for countries when participating in free trade agreements. As Vietnam has entered a number of important free trade agreements, especially recent EU Vietnam Free Trade Agreement, it is important to understand the process of investigation of imposing trade remedies and how an international trade law firm could help representing clients in taking part in the procedures including anti-dumping, countervailing duty and safeguarding investigation of state authorities.

 

Antitrust Lawyers in Vietnam

How a trade remedy case is processed?

Firstly, an organizations or individual representing a domestic industry may submit a request for applying the measure if it is found that the domestic industry is injured caused by dumping on imports, import subsidies or a surge in imports.

Secondly, after having the notification of lawful dossiers from Investigating authority, Minister of Industry and Trade would base on the proposal of Investigating authority to make decision of whether to start the investigation or not.

Thirdly, in the event of Minister of Industry and Trade decides to proceed the case, Investigating authority will issue the Questionnaire within 15 days from the date of issuing the investigating decision. However, in some cases, before sending the Questionnaire to parties, Investigating authority may send the quantity and value Questionnaire to select the sample to limit the scope of investigation.

The investigation to impose the anti-dumping measure, countervailing measure is within 12 months from the date of having the investigating decision, this duration may be extended but the total of the case does not exceed 18 months. However, the investigation period of imposing safeguard measure must be completed within 9 months, this duration may be extended but the total of the case does not exceed 12 months.

During the investigation period, Investigating authority will give an opportunity to interested parties for the consultation, specifically: (i) when having the consultation request from interested parties (ii) Before the final determination of investigation is disclosed, the investigating authority can organize the public consultation in manner that interested parties can present information and opinion related to the case.

However, Minister of Industry and Trade shall decide to terminate the investigation in the following cases:

-The applicant voluntarily withdraws the application;

-The preliminary determination of the investigating authority shows that there is no injury or threat of injury to the domestic industry or material retardation of establishment of the domestic industry;

-The final determination of the investigating authority obtains one of the following contents:

-The product under consideration imported to Vietnam is not dumped, subsidized or imported excessively;

There is no injury to the domestic industry;

There is no objective evidence of the existence of a causal link between the dumping on imports, import subsidies and the surge of imports and the injury or threat of injury to domestic industry or the material retardation of the establishment of the domestic industry;

The investigating authority reaches an agreement with the competent authority of the country which is accused of granting subsidies to its products imported to Vietnam on removing the abovementioned subsidies.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, Our international trade and tax lawyers, and antitrust lawyers in Vietnam at ANT Lawyers, a law firm in Vietnam have always followed the development of situation and update the clients on relevant matters

 

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Dispute Law Firm in Hanoi

ANT Lawyers, the dispute law firm in Hanoi is located in the business center that provides convenient access to our clients.

 

Dispute lawyers in Hanoi

ANT Lawyers works with corporate and individual clients from across the sectors and offers a true spectrum of legal expertise, both contentious and non-contentious. The range of our experience enables us to advice on various matters from the precedent-setting to the purely procedural.

The common thread in everything we do is our ability to combine both commercial and legal perspectives.  This means our clients can rest assured that, whatever the case or transaction, our lawyers have the experience to deliver legal advice and service that works in a commercial context.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

Please contact us to book your time in advanced to let us provide our best service.

ANT Lawyers is a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

 

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Dispute Law Firm in Da Nang

ANT Lawyers offers clients legal services from Da Nang office.

 

Dispute Law firm in Da Nang

The office is represented by lawyers whom are local of Hoi An covering Da Nang, Hoi An, Hue and other central provinces.

Dispute Lawyers in Da Nang focus on important business and legal issues related to real estate, foreign investment, setting up company and other business structures, M&A, contract and other corporate legal works.

Together with law offices in Hanoi and Ho Chi Minh City, the law office in Da Nang with coverage of Hoi An, Hue and other central provinces strengthens the nationwide coverage of ANT Lawyers, serving clients better in legal services in Vietnam.

Our dispute resolution practice at ANT Lawyers helps our clients with the following:

Negotiation: reviewing relevant contracts and documents, advising possible courses of action and negotiating with relevant parties before initiating the legal proceeding.

Litigation and legal representation: representing clients before Vietnamese courts and other Vietnamese authorities.

Arbitration: advising on choice of arbitration, drafting arbitration clause, and representing clients for recognition and enforcement of foreign arbitral awards.

Alternative proceedings: certain alternatives may be available for dispute resolution in Vietnam.

Please contact us to book your time in advanced to let us provide our best service.

ANT Lawyers is a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

 

Read More