IP In the Spotlight

By |May 14th, 2019|Categories: Legal News|0 Comments

Next week our managing partner and I head to Boston for the International Trademark Association annual meeting. Thousands of lawyers attend this event and make for a hectic five days. In light of our adventures in intellectual property, I thought I'd highlight our attorney who oversees the IP side of our practice. Nguyen Thi Hong Anh With both legal and technical background, she has been in practice as a patent & trademark attorney for over 20 years, dedicated to establishing, protecting and enforcing intellectual property [...]

Private Sector Thriving

By |May 6th, 2019|Categories: Banking and Finance, Business News, Corporate and commercial|0 Comments

Thanks to Dr. Matthias Duhn on LinkedIn, for sharing the link to the interview with the Minster of Planning and Investment. The original interview ran in Vietnam Investment Review, here, and is a reassuring assessment of the private sector economy. One of the highlights of the article, and I'll let you read it for yourself, is that the private sector is one of the larger elements contributing to GDP in Vietnam. It is also a major element of investment capital contributed to the investment economy [...]

Happy Five Day Weekend

By |April 29th, 2019|Categories: Employment, General|0 Comments

Happy Reunification Day. Happy May Day. And Happy bridge holiday, which is today, which makes for a five day weekend, something unheard of in the United States. Forty-four years ago tomorrow tanks rolled down the streets of Saigon and the north and the south were reunited after decades of division under the French and then the Americans. Since then there have been hard times, and good times, and better times. Things are looking up for Vietnam and the long road of war and occupation has [...]

Ministry Proposes CIT Cut for SMEs

By |April 22nd, 2019|Categories: Business News, Corporate and commercial, Inward Investment, Legal News|0 Comments

According to Vietnam News, here, the Ministry of Finance has proposed a change in the current corporate income tax structure for small and medium sized businesses with an even greater exception for what it considers micro businesses. The cut would be from the regular 20% which is paid by all enterprises to 15-17% depending on the size of the business. (I'll let you read the full article for particulars.) This comes as an effort to encourage SMEs and startups in the country with a goal [...]

IC’s Media Law Ranked Tier 1 by MLI

By |April 15th, 2019|Categories: Business News, Indochine Counsel News, TMT-Technology, Media, Telecom|0 Comments

Indochine Counsel is pleased to announce the recent release of the Media Law International annual rankings. In the rankings, Indochine Counsel is ranked as a Tier 1 Law Firm for Media Law. This marks the apogee of efforts to improve the provision of media law services at Indochine Counsel and the culmination of the IT & T sector under Partners Nguyen Hong Anh and Dang The Duc. Media Law International (MLI) is an independent publishing business that produces a flagship annual guide, and a bi-monthly [...]

Shop & Go Gone Bust

By |April 8th, 2019|Categories: Business News, Business plans, Competitive research, Contract Law, General, Inward Investment|0 Comments

In a story reported by VN Express here, Shop & Go, a chain of nearly a hundred convenience stores in Ho Chi Minh City and Hanoi was sold to Vingroup for $1. Shop & Go was a Singaporean enterprise that was one of the first in the convenience store space in Vietnam. Unfortunately, Shop & Go was not profitable, building up debts around ten million dollars before agreeing to sell to Vingroup for the nominal fee. Vingroup intends to rebrand Shop & Go with its [...]

What’s the Law of Vietnam

By |April 1st, 2019|Categories: constitutional|62 Comments

I am going to take a step back this week and speak basics. I was asked by a young lawyer what the difference between law in the West and Vietnam is. So I figured if a lawyer has that question, there might be others as well. The law of Vietnam is a civil law system built on top of ancient imperial systems that were borrowed largely from China. This means that there is a bit of a hodgepodge of law. Regardless, the law in Vietnam [...]

Back in Vietnam

By |March 25th, 2019|Categories: Contract Law, Corporate and commercial, Property and Construction|14 Comments

I've been back in Vietnam now for a few weeks and I'm getting settled in. Previously I was writing from the USA. Now I'm back in the country and ready to take on new challenges and new tasks. There are a few things that I've noticed that are worth mentioning in a passing way, I'll not take up numerous blog posts in this manner, but felt it worth doing once. Nitrous Oxide is legal and available for use for a couple dollars a hit at [...]

OTT Internet Services at Risk in Vietnam

By |March 18th, 2019|Categories: Technology and Media, TMT-Technology, Media, Telecom|8 Comments

This week we have a guest post from Mr. Bui Viet Duc, legal assistant at Indochine Counsel. He's spent some time researching this issue and has prepared the following memo for release. Guidance on TV over-the-top (OTT) services under the new draft decree Decree No. 06/2016/ND-CP on management, supply and utilization of radio and television services in Vietnam, dated 18 January 2016 (“Decree 06”), is one of the policies ensuring that many types of Internet service may be transmitted, including cross-border transmissions, to internet users [...]

P2P Lending in Vietnam

By |March 11th, 2019|Categories: Banking and Finance, Business News, Corporate and commercial, Technology and Media, TMT-Technology, Media, Telecom|5 Comments

A few days ago the National Bank announced that it will approve Peer to Peer Lending. This comes as little surprise since there are already 40 companies operating in the sector in Vietnam and the activity has been neither approved nor prohibited up to this time. P2P Lending is a method of lending that skips the traditional banks. It is a way for lenders to connect directly with borrowers via an online portal such as go fund me and other sites that take money from [...]

Technology & Regulation in Vietnam

By |March 4th, 2019|Categories: Legal News|Comments Off on Technology & Regulation in Vietnam

Technology and Vietnamese law go hand in hand in an awkward first love sort of way, one not quite sure what to make of the other, but still enjoying the presence of their friend. Two things that bring themselves to my attention this week, things that create a situation in which Vietnam creates difficult regulations to control access to and use of this technology. First, according to Nguyen Quang Vu over at the Vietnamese Business Law Blog the government has issued a confusing decree concerning [...]

HCMC Reached $6Billion FDI in 2018

By |February 27th, 2019|Categories: Legal News|Comments Off on HCMC Reached $6Billion FDI in 2018

HCMC's Hotel de Ville. In 2018, Ho Chi Minh City received over $6billion in foreign direct investment registered investments. You can see the original article here. The actual investments are much lower, but registered projects reached $6billion. This means that HCMC is one of the larger recipients of FDI in the country with over 1,000 new foreign invested projects registered in 2018. Since 1988 when Doi Moi opened the country to foreign investment HCMC has received over $45 Billion in FDI. FDI is a good [...]

Science and Technology Firms in Vietnam

By |February 19th, 2019|Categories: Legal News|0 Comments

Last week, I wrote about startups in Vietnam. This week, a subsection of startups, specifically science and technology firms, deserves a bit of attention. For a more detailed report of the Decree outlining incentives and requirements for science and technology firms in Vietnam, you can look to the article from Vietnam Insider here. The decree, one of the first to come out of the government in this year, sets out requirements and benefits for science and technology firms. A science and technology firm is one that [...]

The Startup Situation in Vietnam

By |February 11th, 2019|Categories: Legal News|6 Comments

The startup situation in Vietnam is hopeful, but not currently well done. The thing is, Vietnam's government has issued a decision which sets out a lot of steps towards creating a legal framework for startups that is welcoming and beneficial to the sought after tech companies. But the legal framework has yet to be put in place. In a recent study conducted for a major international organization, we looked at some of the benefits suggested by this decision and the realities of the situation on [...]

Happy Tet!

By |January 29th, 2019|Categories: Legal News|2 Comments

Happy Tet! It's not until next week, but I'm not going to be blogging next week because there won't be anyone around to read it. But as the entire week--from 4 February through 8 February--is an official holiday, there's no reason to worry. Be happy. I will leave you with one tip, as holidays put me in mind of employment law. In the United States and several countries in Europe the personal holidays--as distinct from official holidays--roll over into the next year if they are [...]

Social Security for Foreigners in Vietnam

By |January 21st, 2019|Categories: Business News, Employment, Taxation|3 Comments

Last year the government issued a decree requiring foreigners working in Vietnam to pay social security taxes and become a part of the social security scheme currently in effect in Vietnam. This new requirement only applies to foreigners who work for firms in Vietnam on contracts of a year or more. So one way to get around the requirement is to make sure that you have a contract for 364 days instead of a year. Not that this is advisable, but there will undoubtedly be [...]

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