Foreign Contractor withholding and other legal advice for Foreign Investors

Foreign Contractor withholding and other legal advice for Foreign Investors

Question: I’m looking for some legal advice and possible legal retention on ongoing business I as a business consultant for an education firm in HCM City. I’ve recently run into some difficulty receiving payment for invoices due – banks have asked for tax id information, and I’ve given them my American IRS Employer Identification Number, but […]

Foreign investors eye city’s metro lines

The metro projects 3a, 3b, 4 and 6 in HCM City have caught the attention of many foreign investors, according to the HCM City Management Authority for Urban Railways. The city plans to develop seven metro lines from now to 2020. Except Metro Line No. 1 (Ben Thanh-Suoi Tien) and Metro Line No. 2 (Ben […]

Please help to distinguish the application of law on foreign direct and indirect investment in Viet Nam with respect to foreign investors?

First, it is necessary to identify “foreign investors”, “direct investment” and “indirect investments” in Viet Nam in accordance with 2005 Investment Law as follows: According to Article 3.5, “foreign investors” means foreign organizations/individuals investing capital to carry out investment activities in Vietnam including enterprises established under the Law on Foreign Investment in Viet Nam before […]

Please tell about the provisions on the establishment of economic organizations only for application to foreign investors?

Foreign investors can establish an enterprise in the form stipulated in the Enterprise Law, there are only specific regulations applicable to the establishment of enterprises in the form of joint stock companies and private enterprises as follows: a)      for joint stock companies, the owner of foreign invested business must be founding shareholders, where there are […]

Please name the regulations on investment procedures, items included in the investment project dossiers and sites for carrying out investment and business registration procedures only for application foreign investors?

1. Regarding investment procedures: Domestic investment project of less than VND 15 billion and not falling under fields in which investment is conditional shall not have to carry out investment registration (Article 42 and 43 Decree 108/2006/ND-CP) Foreign invested projects of less than VND 300 billion (including below VND 15 billion) and not falling under […]

According to which document can foreign investors sep up distribution enterprises? Please provide guideline son the conditions for investing in this field?

Foreign investors from countries and territories  participating in international treaties to which Vietnam is a member wishing to set up enterprises in the field distribution in Vietnam must base on the committed roadmap in accordance with 2005 Investment Law, Decree 108/2006/ND-CP, documents referred to in Q12 above and relevant document. The establishment by foreign investors […]

Where there are different restrictions in multi and bi-lateral commitments on foreign investors in the same sector, then which one shall apply when an investor makes investment?

Vietnam’s commitments under the Bilateral Agreement on Investment Incentives and Protection, BTA, Agreement on Investment Freedom, Incentives and Protection between Vietnam and Japanese; Vietnam’s WTO commitments and other multi-lateral commitments currently valid. In order to secure compliance with such bilateral and multi-lateral commitments of Vietnam, where there is different provision on the same issue according […]