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Decree No. 163/2017/ND-CP on provision of logistics services issued by the Government on 30th December 2017 has replaced Decree No. 140/2007/ND-CP providing detailed regulations on the Commercial Law regarding conditions for engaging in logistic services business, and limitations on liability of logistic services business traders
Notable points of new Decree 09/2018/ND-CP replacing Decree 23/2007/ND-CP regarding the activities of goods trading and direct related activities of foreign-invested enterprises in Vietnam
Article 292 of Criminal Code to be removed
Organization involved in conditional construction activities will be granted certificate of capacity
Time for making complaint on audit report will be 30 days from the date of receipt of the report
New Law on Import, Export Tax comes into effect
New regulation on money brokerage
Amendment on regulation on operation of lending, borrowing; sale, purchase of valuable papers with term among credit institutions, branches of foreign banks
New regulation on registration of mortgage of land-use rights and on-land assets
New regulation guiding implementation of some contents of the Law on Housing and the Decree No. 99/2015/ND-CP guiding a number of articles of the Law on Housing
New Circular 10/2016/TT-NHNN guiding offshore portfolio investment
New Circular guiding implementation of investment incentives in the Law on Investment No. 67/2014/QH13 and Decree No. 118/2015/ND-CP
Several new content of the Civil Code 2015
New Decree on representative offices and branches of foreign companies
Security companies will "cut off" the margin trading for foreign investors from 1 July 2016
New regulation on foreign loans
Postponement of the new Penal Code 2015
Financial obligations of employers and employees in favor of employees
New Law on Enterprise and Law on Investment – New favorable conditions for businesses
New Law on Entry, Exit, Transit and Residence Foreigners – a closer step for Vietnam’s integration into the world
Vietnam opened more Market to FDI in Logistics Business
Vietnam is about to issue a more liberated housing regulation to foreigners
The use of foreign currencies in contract and transaction in Vietnam
“Golden” share in Shareholding Company (JSC)

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Ms. Thuy Anh, A-PAC executive director, delivers speech at the seminar on practical issues occurred during civil proceedings

A-PAC's Members

Picture taken after the discussion on cooperation between members of Aichi Law Association (Japan) with A-PAC

Le Phan Thuy Anh, executive director, in discussion with Tran Hong Lan (standing), member, in charge of financial&banking sector

Celebration in Sofitel Metropole Hotel (Hanoi) on the occasion of publication of legal article by Noguchi Shingo at Japanese Business Association

Japanese Partner

Notable points of new Decree 09/2018/ND-CP replacing Decree 23/2007/ND-CP regarding the activities of goods trading and direct related activities of foreign-invested enterprises in Vietnam

The Vietnamese Government has just issued Decree No. 09/2018/ND-CP (“Decree 09”) detailing the Commercial Law and Foreign Trade Management Law regarding the activities of purchase and sale of goods and activities related directly to the purchase and sale of goods of foreign-invested in Vietnam (hereinafter referred to as “goods purchase and sale activities”). This decree came into force on January 15^th, 2018 and replaced Decree 23/2007/ND-CP (“Decree 23”). Some key updates and comparisons in Decree 09 are:

· The definitions used in Decree 09 are consistent with the ones in the current Investment Law (Law No. 67/2014/QH13) and other related regulations. The subjects of application regarding goods purchase and sale activities in Decree 23 included foreign-invested enterprises, and organizations and individuals involved while under Decree 09 the subjects are widened to include also the foreign investors.

· The economic organizations with foreign owned capital specified in point b and c of Article 23.1 of the Investment Law are now also required obtaining the Business License [A1] (“BL”).

· The business organizations which conduct the right to import and wholesale distribution are no longer required the BL, except the event of oil and lubricant.

· In prior regulation (Decree 23), to obtain the BL, the foreign investors must be from countries or territories participating in treaties that Vietnam is a party. the new Decree 09 regulates conditions for obtaining the BL for not only the foreign investors who from the countries or territories participating in treaties that Vietnam is a party but also conditions for those who are not, as well as condition for goods and services which have not committed in International Treaties that Vietnam involved.

· In the old Decree 23, the competent authorities who grant the BL are Provincial-level People’s Committees while in the new Decree 09 the Department of Industry and Trade (“DOIT”) where the head office of the foreign capital economic organizations located shall be in charge of this.

· The time regulated in the old Decree 23 for obtaining the Business License in the cases that require Official Dispatch from the MOIT is 45 days and the cases which do not require Official Dispatch is 15 days. In contrast, the new Decree 09 shortens the total time for obtaining the BL to 28 days and 10 days respectively.