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Vietnam Legal Update (June 23, 2020)

This newsletter highlights several new developments in Vietnamese law with respect to (i) the ownership of residential real property by non-Vietnamese; (ii) the notification procedures concerning economic concentrations; (iii) the proposed extension of the fixed FIT regime for wind power projects; and (iv) the proposed new definition of "state-owned enterprises" or "SOEs" and its side effects.

Topics 

 - Vietnam Legal Update, Vol. 1 -
I. Further Progress on Home Ownership by Foreigners (Vu Le Bang, Cao Tran Nghia)
II. New Guidance on Economic Concentration Notification (Phan Thien Huong, Tran Quoc Dat)
III. Wind Power Fixed FIT Regime to be Extended? (Ha Hoang Loc, Dinh Thi Hien Ly)
IV. New Definition of SOE: A Set-Back for State-owned Enterprises (Ha Hoang Loc, Mai Thi Ngoc Anh)

*This article is also available in Japanese.

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Authors

大矢 和秀

Kazuhide OHYA

  • Partner
  • Tokyo Hanoi / Ho Chi Minh City

Stationed in Singapore in 2010 and in Vietnam since 2013, and supported foreign investors in their investments and business development in South East Asia. Provided legal advice on various projects including the following: • M&A deals • infrastructure development projects including smart city, road, and railway • natural resources and energy projects including renewable energy projects • real-estate development projects including residential housing, commercial/logistics, offices, hospitality properties, complex buildings Kazuhide has also advised foreign invested companies in South East Asia in various areas, such as labor, trade, information security, digital regulations, crisis management, and compliance.

ヴ・レ・バン

VU Le Bang

  • Partner
  • Hanoi / Ho Chi Minh City

Mr. Bang is a partner of our firm, with more than 15 years of experience as a lawyer. He joined the Ho Chi Minh City Office in 2010, as the first Vietnamese lawyer in the Ho Chi Minh City Office, and gained experience in a variety of diverse cases, including huge, complex projects. Mr. Bang specializes in inbound investments, corporate & commercial matters, M&A, banking, real estate property & construction, and labour. He also has significant experience in providing advice regarding unfair competition, securities, capital market transactions, project financing transactions, infrastructure projects, and energy projects. Before joining the firm, Mr. Bang gained professional experience in both a law firm and working with multinational corporations. He has been a regular contributor to a number of law-related magazines, and has actively participated in the legal training of law students, having been a law lecturer in Vietnam since 2009. Mr. Bang is a 2001 graduate of Hanoi University of Law (LL.B.), and received an LL.M. from the Transnational Law & Business University in Seoul, Korea in 2006. He is a member of the Ho Chi Minh Bar and the Vietnam Bar Federation, and is fluent in both English and Vietnamese.

ハー・ホアン・ロック

HA Hoang Loc

  • Partner
  • Hanoi / Ho Chi Minh City

Mr. Loc joined Nishimura & Asahi (Ho Chi Minh City Office) in July 2012. Before that, he spent more than 8 years with other foreign and domestic law firms in Vietnam. He has assisted clients in many large-scale cases including, among others, an acquisition of shares in a public pharmaceutical company in Vietnam, transactions acquiring shares in a public construction company, an acquisition of shares in a digital retailer listed in Vietnam, and bidding by a client for development of a real estate project in Ho Chi Minh City. Mr. Loc has assisted many well-known Japanese investors in investments worth hundreds of millions of US dollars in finance leasing, real estate development, and steel manufacturing businesses in Vietnam. He has advised a number of giant Japanese companies in conducting their business in Vietnam, and he has given lectures to clients’ employees in relation to anti-corruption matters. He has also advised clients in carrying out product recall procedures in Vietnam. Mr. Loc has authored various articles including Anti-Corruption Survey 2014 (Vietnam Chapter) - Anti-Corruption Survey published in 2014, the Mergers & Acquisitions Review - Eighth Edition - (Vietnam Chapter) published in 2014, Vietnam: All change for offshore investors - International Financial Law Review published in 2014, Vietnam: The investment conditions list - International Financial Law Review published in 2015, and Simplifying foreign Investment - International Financial Law Review published in 2016. Mr. Loc is a 2001 graduate of the Ho Chi Minh City University of Law (LL.B), and received an LL.M (with Merit) from Southampton Solent University (England) in 2008. He is admitted to the Ho Chi Minh City Bar Association (since 2008), and the Vietnam Bar Federation (since 2009). He is fluent in both English and Vietnamese.