Dong Thap lures investments into infrastructure, farm produce processing

HCMC – The Mekong Delta province of Dong Thap is calling for investors at home and abroad to develop industrial infrastructure, and agricultural goods processing projects, heard a press conference in HCMC last Saturday.

The provincial government and the Institute of Vietnam Organic Agricultural Economics unveiled the investment promotion conference under the theme of “Dong Thap – our potential, your opportunity,” which is slated to take place next Tuesday in Cao Lanh City, and is expected to have around 300 delegates.

Truong Hoai Chau, director of the provincial Department of Planning and Investment, said the local government is calling for investors for 33 projects which are aimed at developing infrastructure for industrial zones, hi-tech agricultural sub-zones, as well as processing industry, tourism, and trade.

The local government wants to prop up investments in the farm produce processing sector and others serving agriculture such as building material regions for agricultural production, centers for preserving and distributing vegetables and fruits, as well as plants for processing farm produce and agricultural by-products.

Dong Thap also need investors to distribute agricultural products at home and abroad.

He stressed investors will enjoy the highest incentives in line with the Government’s land and corporate income tax regulations. For example, they will be entitled to corporate income tax of 10%, 15%, and 17% depending on sectors and investment locations.

Le Thanh, head of the Institute of Vietnam Organic Agricultural Economics, said the province’s farm products such as mango, lotus, rice and cajuput have great potential, but their added value is low due to a lack of deep processing.

Therefore, the institute suggested the provincial government establishing a processing center for agricultural produce. As many as eight domestic and international companies have expressed interest in the project in a bid to ship the products to Japan, the United States and European countries.

The provincial government is also luring investors into developing infrastructure of nine industrial zones spanning 10 to 250 hectares each, producing clean and renewable energy, as well as constructing residential and affordable apartments, commercial centers, and resorts.

At the conference, the provincial government is expected to give in-principle approval to 21 projects, and sign 16 memorandum of understanding on investments worth around VND24 trillion (US$1.05 billion) in a wide range of sectors.

Nguyen Van Duong, chairman of the province, said Dong Thap has ranked in the top three in the provincial competitiveness index, and its agricultural growth rate has also topped the list in the Mekong Delta for the past several years.

However, he admitted, the economic and tourism growth of the province is hampered by insufficient transport infrastructure.

Source: The Saigon Times

Read More

Infrastructure vital for foreign investment attraction

HCMC – Infrastructure plays a key role in whether foreign investors decide to make an investment in Vietnam or not, heard a conference on infrastructure development in HCMC on December 7.

Speaking at the conference, Kawaue Junichi, consul general of Japan in HCMC, said the first thing investors will look at is infrastructure when it comes to making an investment decision.

According to the consul general, to ensure sustainable infrastructure development, more attention should be paid to social and environmental impacts and economic purposes when implementing infrastructure projects.

Infrastructure projects like seaports, roads, railways and electricity systems should contribute to improving people’s lives and protecting the environment. They should be of high quality as well.

Among the infrastructure projects in Vietnam that have got positive reviews from Japan are Tan Son Nhat International Airport and East-West Highway in HCMC, and Noi Bai International Airport and Nhat Tan Bridge in Hanoi.

Kawaue Junichi said HCMC needs to develop more infrastructure projects of high quality, such as the under-construction Metro Line No.1, to promote foreign investment.

With an aim to assist Vietnam to develop its infrastructure, Japan has plans to fund other large-scale projects like Danang Port and Cai Mep-Thi Vai Port.

To ensure the feasibility and efficiency of an infrastructure project, investors should carefully calculate construction cost and time, assess environmental impact, and evaluate local conditions and demand.

Some experts said at the conference that foreign investors will successfully develop and operate their projects in Vietnam only if infrastructure facilities like power and water supply, and roads are complete and reliable.

Source: The Saigon Times

Read More

IP Considerations in Technology Transfer to Vietnam and South-East Asia

On November 14th and 15th, 2017, European Chamber of Commerce in Vietnam held a seminar for representatives from businesses and law firms “IP considerations in Technology Transfer to Vietnam and South-East Asia”.

The seminar provides some sound advice relating to IP Considerations & Practical Tips for Successful Technology Transfer in Vietnam. Further, audience could learn some ways to minimize risk of IP issues associated with Technology Transfer in South-East Asia.

According to Law on Technology Transfer 2017, which shall take effect as of July 01st, 2018, Vietnam government ensures rights as well as legal interests and facilitates both organizations and individuals in carrying out technology transfer to Vietnam. However, to take advantage of such policy when contemplating transferring technology to Vietnam, you should Evaluate IP Value & Risk of IP infringements through the following tips:

• Check availability of use or protection status of IP objects
• Perform IP clearance search and market research
• Check and maintain validity of IPRs
• Use local IP agents as watchdogs of your IPRs (advice/strategy)
• Use NDA (Non-Disclosure Agreement)
• Check registration of IP objects with cautious consideration in the consistence of all material (contract and records by local authorities- NOIP)
• Sign Transferring technology contract or Assignment of IPRs/ License of IPRs separately toward each IP objects

Besides, there are some contractual issues to pay attention to such as:

• What are conditions of use?
• Structure of fees for License,
• How to terminate?
• What happens with the goods/ materials/ equipment after termination?
• How to avoid risk of technology usage after termination.

Multinational and global companies are always facing with challenges in devising creative solutions to minimize the risks to their IPRs associated with technology transfers. Careful evaluation and due diligence at the first stage of the transferring technology project help companies prevent unwilling suffer and unfair competition.

ANT Lawyers Co., Ltd is a law firm in Vietnam with IP agent certificate issued by National Office of Intellectual Property.  We are also member of legal committee of EuroCham which help contribute legal opinions to promote the development of investment environment in Vietnam.

Tuan Nguyen and Thao Hoang @ ANT Lawyers

Read More

ANT Lawyers Participating in GMS Rail Expansion Summit in Hanoi

Railway infrastructure project will be a huge opportunity for Vietnam to connect with neighboring countries, promote trade growth. Huge financial sources will be needed. For government’s perspective, support from private sector will be encouraged through policy, and laws on Public Private Partnership which will be drafted to replace Decree 15/2015/ND-CP promulgated since 2015. From private sector’s perspectives, investment into infrastructure will be opportunities, for investor, bank, EPC main contractor, sub-contractor, consultants to participate.

On Nov. 30 – Dec. 1, 2017, in Hanoi, Vietnam, GMS Rail Expansion Summit http://gmsrail.org has been held.  The countries of the Greater Mekong Subregion (GMS) – Cambodia, the People’s Republic of China (PRC), the Lao People’s Democratic Republic (Lao PDR), Myanmar, Thailand, and Vietnam – have expressed their desire, through the GMS Economic Cooperation Program, for better transport connectivity to improve the environment for trade.

The railways in the GMS countries have developed independently over the course of a century and are today, with the exception of a connection between the PRC and Vietnam, a collection of national railway networks that do not interconnect. Each national railway has developed into a unique system with its own standards and procedures. In view of escalating subregional trade, growing concerns over climate change and, more recently, sharply fluctuating fuel costs, the GMS countries have accelerated their plans for upgrading their national railway networks and for interconnecting these by constructing new railway connections.

It appears that, during the different phases of development of rail infrastructure projects, it is important to identify potential areas for issues to be arisen and therefore put in place a mechanism to minimize risks. The risks will need to be allocated to entity which is best positioned to manage such risks, which has to be shown in the form of contracts, agreement, to clearly determine roles of parties.

Mr. Tuan Nguyen and Mr. Thomas Giglione of ANT Lawyers, a law firm in Vietnam acted as chairmen of the conference and shared to the audience being government officials, investors, EPC contractors, consultants about potential risks arisen during different phases of executing rail infrastructure project and offer solutions to manage such.It has been highlighted for stakeholders to consider designing a dispute resolution system that resolve potential disputes in relation to the multi billion-dollar project.

Read More