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

Chủ Nhật, 24 tháng 9, 2017

Regulation on Grid Connected Solar Power Investment Project

The Ministry of Industry and Trade has recently issued Circular 16/2017/TT-BCT on project development and the model purchase contract for solar power projects.
Accordingly, the grid connected solar power investment projects are regulated as follows:
– The investor can only set up a solar power investment project included in the provincial and national level solar-power development plan; or provincial and national power development plan that are approved.

– The contents of the solar power investment project must comply with the regulations on management of investment in construction and the following requirements:
+ Evaluate the impact of solar power project connection plan on the power system in the area.
+ Having equipment connected to the SCADA system or moderation information so that the forecast information on electricity output can be transmitted per hour to the regulated agency.
– The equity ratio of grid connected solar power projects should not less than 20% of the total investment.
– The area of long-term land use shall not exceed 1.2 ha/01 MWp.
Circular 16/2017/TT-BCT takes effect on October 26th2017.

Thứ Năm, 21 tháng 9, 2017

Hau Giang Reduces 50% Investment Licensing Time

Hau Giang province affirmed to speed up administrative procedures reformation, reducing 50% of the time for granting investment licenses and business registration, creating favorable conditions for investors when they set up business.
In which, Hau Giang province is calling for investment in 7 key projects, including industrial zone infrastructure development, hi-tech agriculture and ecotourism… with a total investment of nearly 300 million USD.

According to the vice chairman of Hau Giang People’s Committee, besides the policies in accordance with general regulations, localities also have their own incentive mechanisms for investors such as tax incentives, land rent exemption and reduction, investment support for manufacturing, preservation and processing facilities…, especially projects for sustainable development of agriculture and high technology application…
Furthermore, Department of Planning and Investment of Hau Giang province affirmed that the local authorities will shorten the maximum time for carrying out procedures, creating favorable conditions for enterprises and investors. Specifically, the business registration procedure is 3 days according to the law, but the locality can complete in 1.5 days. Regarding the investment policy, the law regulates 32 days but it is shortened to 15 days by the locality; time to receive and appraise for issuing investment certificate is only 3 days; discounted 2 days as prescribed.

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HCMC proposes no-bid contracts for urgent infrastructure projects

HCMC on Monday asked the central Government for permission to award no-bid contracts for investors to implement urgent infrastructure projects.

These projects, which will be carried out in the public-private partnership (PPP) format, include phases one, two and four of Ring Road No. 2 project, and high-rise parking lots at September 23 Park, Ly Thuong Kiet residential area, Gia Dinh Park, District 8 bus terminal, and districts 5 and Tan Phu.

To ease traffic pressure on the main roads leading to Tan Son Nhat International Airport, the city suggested the Ministry of Transport reduce aircraft movements at the airport at rush hour and increase those at night.


The city also asked the Government for approval to proceed with a plan to test emissions of motorcycles with engine capacity of 175cc or higher in the 2018-2020 period. After 2020, the city will send a report on the plan to the Prime Minister before it carries out the next phase of the plan, in which motorcycles with engine capacity below 175cc will be tested for emissions.

For waterway transport, the city suggested the Ministry of Transport adjust the waterway transport plan for Cat Lai Port to make it compatible with the city’s general waterway transport development plan until 2020.
Source: The Saigon Times
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Thứ Tư, 20 tháng 9, 2017

HCMC calls for private investment in boat stops along Saigon River

The HCMC government is calling for private waterway transport and tourism services enterprises to invest in stops along the Saigon River to spur waterway tourism in the city.

The municipal Departments of Transport and Planning-Architecture, and districts across the city are jointly drawing a plan to develop a waterway system and examine positions for such stops. Bach Dang Wharf on the Saigon River is considered the central station to serve passenger transport activities and waterway tourism.

In addition, Nha Rong-Khanh Hoi Port, which is near Bach Dang Wharf, has good facilities and convenient traffic systems for passenger transport and tourism development.


Relevant agencies proposed developing the port to cater to domestic and foreign passenger ships.
However, the city has difficulty promoting waterway tourism due to a lack of connectivity between waterways and roads, and underdeveloped ports and wharfs.

According to a waterway tourism development plan in the 2017-2020 period approved in June, the city will focus on waterway tourism promotion.

Accordingly, at least seven waterway tourism routes will be launched in the Saigon, Dong Nai, Nha Be, Soai Rap and Long Tau rivers as well as canals in HCMC, including the Bach Dang-District 7 route, the route from Bach Dang Wharf to Tau Hu in districts 8 and 5, the Bach Dang-District 9 route, and the route from Bach Dang Wharf to Binh Quoi.

The city targets to attract 450,000 tourists using waterway services next year and the number will increase 15% annually. Waterborne tourism is expected to fetch VND540 billion (US$24 million) in revenue this year.

Source: The Saigon Times

Thứ Sáu, 15 tháng 9, 2017

How to Obtain Business Registration Certificate in Vietnam?

Every organization and individual wishing to set up a foreign owned company in Vietnam shall need to meet some specifics conditions as promulgated under the Law on Investment and Law on Enterprise.  In specific areas being considered as conditional investment, the investor shall also need to consult with the law governing the area of investment. Once the investment registration certificate is completed, the investor has the obligation to apply for enterprise registration.
The procedure to register for a certificate of enterprise registration of a joint stock company or limited liability with two or more members are herein mentioned:

Dossiers:
i) Application form for enterprise registration
ii) The company’s charter.
iii) A list of founding shareholders and shareholders being foreign investors/ a list of capital contribution members.
iv) Valid copies of:
Copies of the ID card or other ID papers of founding shareholders and foreign investors/members being individuals; list of authorized representatives of foreign shareholders being organizations.
Decision on establishment, certificate of business registration, or an equivalent document of the organization and the letter of authorization; the ID card or other ID papers of the authorized representatives of founding shareholders and foreign investors being organizations.
If shareholders are foreign organizations, the copy of the certificate of business registration or an equivalent document must be notarized, legalized and authenticated.
The Certificate of Investment registration of the foreign investors as prescribed by the Law on Investment.
State Authority: Business registration office of the province where the enterprise’s headquarters is situated.
Period: within 03 working days from the full receipt of the dossiers
Result: Business registration office shall issue the certificate of enterprise registration or if the application is not satisfactory, business registration office shall inform the applicant of necessary revisions and supplementation to company.
In general, Vietnam government encourages foreign direct investment.  If the investor faces challenges at state authority, whom do not issue notification or request of supplementation to the application for enterprise registration, the investor cold lodge a complaint as prescribed by regulations of law on complaints and denunciation to the state authority to protect its right in doing business and investment in Vietnam. A law firm in Vietnam with expertise in both business registration and dispute resolution could assist the investor in the process.
The enterprise is entitled to do business from the issuance date of the certificate of enterprise registration. For conditional business lines, enterprises are entitled to engage in conditional business lines if they satisfy all conditions and are capable to maintain fulfillment of such conditions throughout their operation.

Thứ Tư, 13 tháng 9, 2017

Minister: Law on special economic zones will offer strong boon for investors

HANOI – Investors in Vietnam’s special economic zones would enjoy far greater incentives than those offered by similar zones in many other countries if the draft law on special administrative and economic zones is approved, said Minister of Planning and Investment Nguyen Chi Dung.

Speaking at the 14th meeting of the National Assembly Standing Committee in Hanoi on September 11, Dung said that as of 2016, there were about 4,500 special economic zones in 140 countries around the world. Therefore, Vietnam’s special economic zones must provide a much stronger boon to grab the attention of foreign investors in Vietnam.

Dung said factors that make special economic zones more appealing to investors include simple administrative procedures, fee and tax incentives, and favorable business environment and strategic locations.


According to the draft law, domestic special economic zones will receive support from the Government to develop basic infrastructure and high-quality human resources, while State management will be streamlined.
The draft law abolishes a number of conditional business sectors and simplifies business registration procedures.

Enterprises investing in priority sectors like business support, research and development, education and healthcare will be able to hold land use rights for up to 99 years. Apartments in housing or resort projects can be transferred to, donated to, acquired by or inherited by foreign organizations and individuals.

The draft law also proposes raising duty-free limits at duty-free shops in such zones, offering visa exemptions for foreigners staying in Vietnam within 60 days, issuing e-visas for foreigners and offering lower special consumption tax to casinos.

Minister Dung said Vietnam’s economic growth has slowed down in recent years, with the weak competitiveness and unattractive business environment. Therefore, the Government will have to take drastic measures and offer greater incentives to attract more investment into special economic zones.

Source: The Saigon Times

Thứ Ba, 12 tháng 9, 2017

Actively Review and Cut-off Unnecessary Business Conditions

Vietnam Prime Minister Nguyen Xuan Phuc asked the Ministries to research, actively self-review to amend or proposed modifications, cutting business conditions which are not reasonable and unnecessary.
On August 22nd 2017 , under the chairmanship of Prime Minister Nguyen Xuan Phuc, the Government held a legislative session to give comments on the draft law on competition (revised); the draft law amending and supplementing some articles of the law on environmental protection tax; draft law on administrative unit and special economic zones; discuss on the report synthesizing the results of reviews and proposals of ministries and agencies on the drafting of laws to amend and supplement the laws relating to land, construction, housing, business and planning…
According to the Ministry of Planning and Investment, there are still 4,284 business investment requirements and conditions in 243 industries under the management of 15 ministries, which are regulated in 237 legal normative documents. The Ministry of Planning and Investment proposes to abolish all or part of the business investment conditions in finance, location, production capacity, human resources, business methods, planning…

Vietnam Chamber of Commerce and Industry (VCCI) has proposed to abolish 96 conditions of business and amend 13 conditions in 3 sectors: industry, transportation, science and technology.
Regarding the draft law on special administrative and economic units aim to create legal bases for the establishment, development, management and operation of 3 special zones namely Van Don (Quang Ninh), North Van Phong (Khanh Hoa) and Phu Quoc (Kien Giang).
In terms of the draft law amending and supplementing a number of articles of the Law on Environmental Protection Tax, the Prime Minister emphasized that the role of amending and supplementing this law in the context that environmental regulations violation is complicated. complex. According to the Ministry of Finance – the drafting agency, the current environmental protection tax policy has revealed some obstacles that need to be finalized in order to ensure that this is an important economic tool, contributing to limiting the production and use of goods that pollute the environment, encouraging the use of environmentally friendly goods towards sustainable development.
Commenting on the draft Law on Competition, the Prime Minister said that the Ministry of Industry and Trade should thoroughly review the unfair competition practices so as not to overlap with other laws.