It seems one of the first questions asked by foreigners coming into Vietnam, can I, as a foreign, own land in Vietnam? The answer, by and large, is no, but it is still worth a look to understand the nuances and the possibilities for a foreigner to come into the country and impose his philosophies [...]
The below article was prepared by lawyers in Indochine Counsel. It is an update on solar power feed-in tariffs and related developments. It was posted on the Indochine Counsel website earlier this month. As solar power is fast becoming the premier power project in the country I thought it worthwhile to share with you these [...]
Back in mid-2000s, the idea of a stock market to raise capital in Vietnam was new and exciting. The National Assembly approved the securities law and the government set out issuing regulations for companies seeking to list. While a stock exchange had existed in Ho Chi Minh City since 2000, the securities law wasn't issued [...]
Repatriating foreign direct investments from Vietnam is a bit more complicated than repatriating foreign indirect investments (which I talked about last week, here). This week I am going to discuss the legal process for making FOREX and repatriation happen in the case of foreign direct investment (FDI) into Vietnam. This article should be read in [...]
When a non-Vietnamese citizen wants to invest in Vietnam there are a few questions which come up at the very beginning. One of them--and I've worked on several informational memos about this--is how they repatriate their investment, and any profits, from Vietnam when they are finished with the investment. The answer to that question depends [...]
A recent Linkedin post alerted me to a crackdown on foreign land ownership. It linked to an article in the local press about Chinese investors buying land in Da Nang through "various ruses." As I read the article I came to realize that the Linkedin poster hadn't really read into the article that much, or [...]
The latest issue of Asian Legal Business, an Asian based professional magazine, released their 2020 intellectual property rankings by country. Indochine Counsel is pleased to be ranked as tier 2 in both Patents and Copyright/Trademarks for the Vietnam jurisdiction. This continuing recognition of Indochine Counsel's abilities and expertise in the IP law space is gratifying [...]
A derivative suit in Vietnam, as in most jurisdictions in which it is allowed, is a civil action brought by a shareholder of a company against a third party in the name of the company. Often this third party is a member of management.1 This is a powerful tool for minority shareholders to influence the [...]
WHY WORRY ABOUT ANTI-CORRUPTION LAWS IN VIETNAM? At certain points of my career the question of corruption became relevant. Not only was there corruption in the government as they seized assets and claimed taxes—which they had already signed off as having received—weren't paid, but there was the question of what we, as a company seeking [...]
While Vietnam is coming out of the Covid-19 epidemic, force majeure in Vietnam and elsewhere remains a major issue for investors both domestic and international. Cross-border flows of goods and people remain restricted, but internally, Vietnam is resuming business as usual to the extent possible. As the world locked down over the last few months, [...]