1) In your opinion, what are the most important features of the new investment law from an investor’s perspective?
It is considered as the most-investor friendly investment law ever in Vietnam. It provides clearer investment procedure timeline, consolidated conditional business sectors, defined capital ratio to be qualified as foreign investors which determines which licensing procedure applies. Notably, it explicitly states that there would be no investment registration certificate required for M&A transaction.
2) What impact do you expect these to have? How effective do you think this law will be?
The investment environment will become more attractive. Investors would face less burdens and unexpected statutory requirements. A new wave of M&A is expected to come. However, the real effectiveness of this law would need to be assessed at a later stage when the implementing decrees are issued. As long as these documents have not been adopted, positive changes that the new investment law is said to bring are just theoretical.
3) How does this law fit in with the current investment climate of Vietnam, and the growth and development path the country is taking?
Vietnam is making great efforts to integrate into the world’s economy. The EU-Vietnam FTA is at the final stage whereas the TPP is also expected to be concluded soon. The Government of Vietnam is fiercely improving the business and investment environment and making great attempts to achieve key economic indicators of top regional countries until 2016. Resolution No. 19/NQ-CP/2015 of the Government dated 12 March 2015 has set out the Government’s strong commitments and positive changes to improve the business environment and strengthen the economy’s ability to compete in 2015 and 2016 by pushing for reforms to reduce time-consuming and burdensome administrative procedures; enhancing governmental offices’ transparency and accountability; and adopting international standards. These positive changes could be seen clearly in the tax, insurance and customs related sectors.
Please do not hesitate to contact Oliver Massmann under omassmann@duanemorris.com if you have any questions or want to know more details on the above. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.
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