Loan structure in Vietnam company

Question: Company A is 100% shareholder of Vietnam Company. So far company A has granted loans in the amount of USD 1 milions to Vietnam company. The questions would be: What is the exact definition of investment capital under Vietnamese law? Does the investment capital have to be increased as a result of the planned […]

The difference between CISG and Vietnamese Law

Validity of contract - CISG: does not regulate this content. - Vietnamese Law: A goods purchase contract is valid when the following conditions are satisfied: The subject has civil legal capacity, civil act capacity suitable to the established civil transaction; Entities participating in civil transactions completely voluntarily; The purpose and content of the civil transaction […]

ICC Arbitration rules 2021 will bring beneficial changes to all parties involved

In an important development for businesses engaged in cross-border transactions, the International Chamber of Commerce has amended its arbitration rules effective January 1, 2021. The amendments are designed to increase the efficiency, flexibility, and transparency of ICC arbitrations, while largely maintaining the core provisions that have made the ICC one of the most popular international […]

Duration and extension of duration of investment project’s operation

From 2021, the Law on Investment 2020 has provided new regulations on the duration of investment projects in Article 44 as follows: No more than 70 years for 3 types of projects: first, projects in economic zones; second, investment projects in areas with difficult socio-economic conditions or areas with extremely difficult socio-economic conditions; second, projects […]

New points in Circular 40/2021/TT-BTC/2021 / TT-BTC on taxation with households business and individuals

On June 1, 2021, the Ministry of Finance issued Circular 40/2021//TT-BTC (“Circular 40”) guiding value-added tax (“VAT”), personal income tax (“PIT”) and tax administration for households business and individuals. Compared with the previous regulations, Circular 40 has the following new points: 1. Supplementing many incomes subject to VAT and PIT: Circular 40 supplements a number […]

Protecting homebuyers amid venture upheaval

Real estate transactions always contain many risks, while buyers and investors are often very passive before complicated situations. The mechanism for warning and protecting homebuyers in cases where the investor fails to fulfil obligations, the project is discontinued, or the investor withdraws from a project can be understood as a combination of legal regulations, methods, […]