Implementation of the UKVFTA Agreement

On May 1st, 2021, the Free Trade Agreement between Vietnam and the United Kingdom (UKVFTA) officially came into effect, marking an important symbolic step in the growing partnership between Vietnam and UK, facilitating the trade between the two countries, hence making more UK investors choose Vietnam as a destination to make investment, and set up company for operation to enjoy the benefits of the agreement.

 

Law Firm in Vietnam

The UKVFTA has provided regulations governing bilateral trade between the two countries with a value of up to 5.1 billion pound, which is a foundation for trade and investment development, creating a strong framework for UK and Vietnamese businesses.

In addition, the Agreement also provides market access commitments with a schedule to reduce preferential tariffs for import and export goods between the UK and Vietnam. Specifically, the commitment to eliminate 65% of tariff lines in the framework of bilateral trade continues to be maintained in this Agreement. In the next 6 years, 99% of tariff lines will continue to be eliminated tariffs, facilitating import and export for machinery, mechanical equipment, and pharmaceuticals.

In addition, Vietnam has also made commitments higher than Vietnam’s commitments in the WTO to create favorable conditions for UK investors to access Vietnam’s markets, including finance, telecommunications and education. This will help the UK investors to easily access the market and make investments and set up company in Vietnam.

In the field of intellectual property, the parties continue to commit to a high level of protection. The iconic UK products, including Scotch whiskey, Scottish farmed Salmon, Irish whiskey and Irish cream, as well as 36 Vietnamese agricultural products, including Moc Chau tea, Buon Ma Thuot coffee, Hai Hau rice and Phu Quoc fish sauce continue to be protected.

The official entry into force of the UKVFTA is the latest milestone in a year of strengthening bilateral and commercial relations between the UK and Vietnam. The implementation of the UKVFTA Agreement will help investors and enterprises of the two countries easily make investments, ensure the best benefits from the agreement, thereby bringing long-term economic benefits to investment and business.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

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Vietnam and Japan cooperate for mutual development

On November 25^th, 2021, within the framework of Japan visit of Vietnamese Prime Minister – Mr. Pham Minh Chinh, the Prime Minister met the President of the Japan External Trade Organization (JETRO). During the meeting, the Prime Minister met leaders of many large Japanese corporations, businesses and banks and signed many investment cooperation agreements between Vietnam and Japan.

 

Law Firm in Vietnam

The parties highly appreciated JETRO’s practical and effective contributions to Vietnam in recent years in promoting investment cooperation. In the 10 months of 2021, Japan ranked 3rd among countries making investments in Vietnam, with a total registered investment capital of nearly USD 3.4 billion. Up to now, Japan is the second largest investor in Vietnam with over USD 63.9 billion (accounting for 15.8% of total FDI investment).

Vietnam encourages Japanese businesses to invest and set up company in Vietnam, apply investment registration certificates in Vietnam, expand investment cooperation in infrastructure, energy, manufacturing industry, high-quality agriculture, information technology, smart cities, financial and banking services, and banking, innovation. The Government is committed to accompanying the business community, supporting and creating all favorable conditions for business investment activities on establishment of company in Vietnam, bringing about more benefits for the parties, contributing to bringing Vietnam-Japan relations to a new level.

During this visit, the two countries signed more than 40 cooperation agreements with a total investment value of more than USD 3 billion. In addition to investment commitments, during this visit, there were many cooperation agreements on human resource training or other environmental protection solutions signed between ministries, sectors and businesses.

In the meeting, the Prime Minister of Vietnam also met and discussed with leaders of Nippon Foundation, MUFG Group, INFRONEER Group, JBIC Bank, Idemitsu Group and Mizuho Bank on market development, business, human resource training.

The Prime Minister shared with the difficulties of Japanese businesses in Vietnam over the past time, he said that Vietnam has changed to a safe and flexible adaptation, effectively controlling the epidemic. The competent authorities at all levels must discuss with businesses and citizen to deploy solutions appropriate to the situation, bring life back to normal, both open production and business, and effectively prevent epidemics. Vietnam also suggested that Japanese businesses corporate with Vietnamese in epidemic prevention and control, continue to contribute to improving institutions, training human resources, investing in hard and soft infrastructure, and cooperating in areas such as: climate change response, digital economy, green economy, circular economy…

In addition, to ensure investment and trade, Vietnam is expected to start reopening international flights in early December, including flights to Japan. This will make it easier for Japanese investors to make investment, market surveys, and deploy their investment projects.

By the visit, Vietnam wishes to further develop cooperation in investment, human resources and diplomacy with Japan, thereby creating favorable conditions for investors of the two countries to expand their business, form company in Vietnam and contribute to national economic development.

ANT Lawyers – Law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

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ANT Lawyers Participating in Vietnam-Austria Business Forum in Vienna on October 15, 2018.

On the afternoon of October 14th, 2018, the Vietnam Prime Minister Nguyen Xuan Phuc and his wife led Vietnamese delegation to Vienna for official visit to Republic of Austria under the invitation of Austrian Chancellor Sebastian Kurz. On October 15th, 2018, the Prime Minister Nguyen Xuan Phuc had an official meeting with the Chancellor Sebastian Kurz and participated in the Vietnam – Austria Business Forum.

In Vienna, the representative of ANT Lawyers law firm, Mr. Tuan Nguyen participated the Vietnam – Austria Business Forum organized by the Vietnam Chamber of Commerce and Industry (VCCI) and the Austrian Federal Economic Chamber (WKO). This forum has been joined by the representatives from 60 Vietnamese businesses and over 100 Austrian companies. The lawyer of ANT Lawyers law firm met the representative of Austrian companies including Asteas Technologies GmbH & Co KG, AGES – Austrian Agency for Health and Food Safety, FRONIUS International GmbH, Europlast Kunststoffbehälterindustrie GmbH, Bitmedia e-solutions GmbH, D2 Consult International GmbH,… to discuss the Vietnam market entrance possibilities.

The meeting has occurred in the context that Vietnam Prime Minister and the Austrian Chancellor emphasized the importance of promoting the bilateral cooperate on economic, investment and trade; the opportunities post signing the Free Trade Agreement between Vietnam – EU (EVFTA) and Investment Protection Agreement (IPA) looking into the future.

The Vietnam economy has been achieving high growth for the last 30 years. Vietnam is a large market with a population of almost 100 million, 65% of the country’s workforce is young, and the increasing number of internet and smart phone users in Vietnam has also opened up a great opportunities for e-commerce development. Vietnamese Government has committed to vigorously reform and created optimal conditions for Austrian investors. The Prime Minister suggested Austrian companies invest in high-tech agriculture, processing and manufacturing industry, especially agricultural product processing, high-tech zones,…

Along with the advantages facilitated by Vietnamese Government, Austrian companies will seek for investment opportunities to set up company in Vietnam, joint invest, or cooperate to transfer technology. It is expected that both countries will further cooperate and receive benefits from competitive advantage of each other, contribute to economic development and promote the relationship between Vietnam and Austria.

Mr Tuan Nguyen, the representative of ANT Lawyers law firm is honored to participate in the Vietnam – Austria Business Forum, and together with its law firm partner in Austria, Leitner HirthRechtsanwälte GmbH, under the leadership of Markus Leitner, to promote the development of trade relation between Vietnam – Austria in particular and Vietnam – EU in general. With legal and business expertise and experience, we will continue to support the Austrian and other European companies to invest in Vietnam and that Vietnamese company to enter Austrian and European market.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang and Ho Chi Minh City. We provide convenient access to our clients. Please contact us to book your time in advanced to let us provide our best service.

Call us at +84 28 730 86 529 or send us email ant@antlawyers.vn

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Differences Between Limited Liability Company and Joint Stock Company

Vietnam Law allows the establishment of a company in Vietnam in various forms. It is an important step in investment process.

Investors could choose different forms depending on the needs and capacity on the ability to raise capital and sharing the risk in business as well as the management and operating costs. Each form will have its own organizational structure, operating mechanism, rights and obligations specified under Law on Enterprise 2014.

Currently, Limited Liability Company (“LTD”) and Joint Stock Company (“JSC”) are two popular enterprise forms operating in Vietnam.

What is the difference between these two forms of companies?

I. Organizational Structure

Number of members/shareholders:

LTD

• Single member LTD: Having only one member (member can be an organization or an individual);
• Multi members LTD: Having at least 2 members and not exceed 50 members (member can be an organization or an individual).

JSC

Joint Stock Company has at least 3 shareholders and not limit the maximum number.

Management structure

LTD

• Single member LTD

Single member LTD owner by an organization shall be organized under two models: Company president, Director/General director and Supervisor; (OR) Members Council, Director/General director and Supervisor.

Single member LTD owner by an individual shall be organized as follows:  Company president, Director/General director.

• Multi members LTD

Multi members shall be organized by: LTD Council members, Chairman of the Members Council and Director/General director;

Multi members LTD having 11 members or more shall establish the Board of Supervisors.

JSC

JSC can be organized under two models: General Meeting of Shareholders, Board of Directors, Board of Supervisors and Director/General director; (OR) General Meeting of Shareholders, Board of Directors (Board of Internal Supervisors under Board of Directors) and Director/General director.

II. Capital Contribution

Raising capital

LTD

• Single member LTD: Owner increases charter capital
• Multi members LTD: Members increase their charter capital, or increasing the number of capital contributors

JSC

Different from LTD, JSC can raise its capital by various methods as follows: Selling shares to existing shareholders; Selling shares individually to non-shareholders; Issuing shres on the stock market.

Transfer of contributed capital

LTD

• Single member LTD: Owner transfers a part of contributed capital to other persons and this could lead to changes of the type of business or other procedures if all capital is transferred (for instance in a M&A deal).
• Multi members LTD: Offer the stakes to other members in proportion to their stakes in the company under the same conditions;  The stakes could only be transferred to other persons if the members do not buy or do not buy completely within 30 days from the offering date.

JSC

The shareholders of JSC are free for transfer their contributed capital after 03 years from the establishment.

Having said that, LTD is a type of enterprise that the capital contribution is not the only link between the members of the company but they are also linked together by relationship. They may be acquaintances and trust each other to jointly contribute capital to establish an enterprise. Therefore, the management of the LTD is as complicated as JSC. With the larger the number of shareholders, the level of capital mobilization, voting power to decide on issues of the company based on the ratio of capital contribution of each shareholder, the management and operation of the JSC is more complex.

The ability to raise capital of a JSC is higher than a LTD. Because, JSC can issue shares to the public in the form of securities. When the stocks are listed on stock exchange, the information of company’s business operations must be public and more transparent.

The procedure to set up a company in form of an LTD or a JSC has not much differences.

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Vietnam is Increasingly Attracting Capital from the US

VIETNAM IS TAKING EVERY OPPORTUNITY TO GROW ITS ECONOMY AND IMPROVE THE LIVING STANDARD. THIS IS NOT A VAIN DREAM SINCE VIETNAM HAS YOUNG AND PLENTIFUL WORK FORCE. THAT IS WHY MULTINATIONAL COMPANIES WISH TO COME AND SET UP COMPANY IN VIETNAM.

• Japan Increases Investment in Vietnam in Finance and Services
• Why Japan Investors Invest in Vietnam

The year 2015 marked the 40 years since the war end and the 20 years of normalized the relationship between Vietnam and the US. Vietnam began the process of innovation since 1986 but not until 1995,foreign investment in Vietnam began to flow in when the Government established formal diplomatic relations with the United States and joined the National Association of the South East Asia (ASEAN).

In recent years, foreign investment in Vietnam has accelerated. The Korean company is particularly excited with this market. Samsung Electronics is operating and building three plants at three locations – Ho Chi Minh City, Thai Nguyen and Bac Ninh. In total, this giant electronic corporation has poured more than USD 10 billion in Vietnam.

Vietnam is also expected soon to welcome a “wave” of investment from the US. The Procter & Gamble (P&G) – a consumer goods manufacturer is building a factory in Binh Duong with the cost of 100 million USD. The plant will produce Gillette razors.

Since starting operations in Vietnam in 2008, Intel is also pouring money into this market. This semiconductor giant is planning to manufacture in Vietnam the most of advanced processor for personal computers in the future.

Moreover, other big names come from the US that are expanding operations in Vietnam are Starbucks and McDonald’s. They opened their first store here in December 2013 and February 2014.

There are a number of factors that make foreign investment in Vietnam explode. One of the most important reasons is the low labor cost. Labor cost hikes in China are the reason why many multinational manufacturers turned their attention to Vietnam where the cost is 50% cheaper. Besides, the purchasing power of Vietnam consumer is increasing, inflation has been curbed and many easing regulations to boost growth are also the reason why continuous investments are poured tin..

However, the biggest attraction for most foreign investors is the Trans-Pacific Partnership agreement (TPP) about free trade in which Vietnam is one of 12 countries that participate in negotiations. In mid of this year, General Secretary of Vietnam, Mr. Nguyen Phu Trong will visit the United States. TPP agreement will be the main topic of the conversation with the US officials. If the two countries can reach an agreement, the US will become even more important partner of Vietnam’s economy in the future.

In a press conference in HCM city in January 2015, US Ambassador in Vietnam – Mr. Ted Osius was upbeat about the impact of the TPP to Vietnam economy and the US investment here. TPP agreement “will allow the US to become the number one investor and trading partner of Vietnam” he said.

In about 4.5 million Vietnamese living overseas, about 2 million are living in the US. In particular, many people have made a name in the business world. They are Mr. Henry Nguyen – who brought McDonald’s to Vietnam and Mr. David Thai – founder of Highlands coffee chain.

According to the Ministry of Foreign Affairs of Vietnam, approximately 180,000 companies in the United States are owned by Vietnamese, achieved a total revenue of 20 billion USD. Strengthening ties between the two countries could stimulate greater cash flow stream across the Pacific.

The Ministry of Planning and Investment of Vietnam is estimated to spend 500 billion USD in over 10 years to develop the infrastructure necessary for sustainable growth. However, Vietnam can only able to meet 40% of the above figure, through the Government budget, ODA and private capitals.

That is why the Government wants to attract FDI. The Vietnam Government has set a target to create an industrial economy by 2020. Six priority areas are agriculture, forestry and fisheries processing, agricultural machinery, electronics, shipbuilding, environmental and energy saving, automobile production.

The transition from growth based on FDI into industrial-based growth can be rather difficult. However, Vietnam has shown it is serious and is still on track.

ANT Consulting is here to assist you from the outset; providing intelligence, information, management or support and administrative services that assist market entrance, and ensure efficient business start-up operation.  Our services are as following:

• Market Entry
• Tax Advice
• Legal Advice
• Outsourcing Services

We strive to save your cost by guiding you towards economical solutions that comply with local legislation and procedures. We support you through early logistic solutions and carry you through as your business grows.  We aim to bridge the gap between international best practices and local cultures and assist foreign companies and organizations entering Vietnam market to overcome commercial and regulatory issues.

We could be reached at email: ant@antconsult.vn or tel: +848 3520 2779 .  To learn more about us, please visit www.antconsult.vn

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