This presentation by Nguyen Ba Cuong was made at the session "Modernising investment legal frameworks: comparative approaches and successful practices" during the 2nd ASEAN-OECD Investment Policy Conference held on 10-11 December 2014.
Find out more at: http://www.oecd.org/daf/inv/investment-policy/2014-asean-oecd-investment-policy-conference.htm
Presentation Session 2:Investment Division, OECD
ISMED Annual Conference, Defining a Way Forward for Infrastructure Investment in the Middle-East and North Africa (MENA), 4 December 2014 - Paris, France
This presentation by Nguyen Ba Cuong was made at the session "Modernising investment legal frameworks: comparative approaches and successful practices" during the 2nd ASEAN-OECD Investment Policy Conference held on 10-11 December 2014.
Find out more at: http://www.oecd.org/daf/inv/investment-policy/2014-asean-oecd-investment-policy-conference.htm
Presentation Session 2:Investment Division, OECD
ISMED Annual Conference, Defining a Way Forward for Infrastructure Investment in the Middle-East and North Africa (MENA), 4 December 2014 - Paris, France
Regulation of Foreign Direct Investments Patrick Aboku
This presentation was delivered to my colleagues in class on the topic "Regulation of Foreign Direct Investments". It begins with an introduction in the form of definition and benefits, challenges and subsequently regulation in the international and domestic levels
Law of Investment in Indonesia - Investment Facilities in CommonMariske Myeke Tampi
Describes investment facilities in common which are provided by government, company's income tax holiday of reduction, overview of company establishment and principle investment license in Investment Coordinating Board (Badan Koordinasi Penanaman Modal).
Trade in services By. Ms. Allyson Francis - Trade in Services & Investment Sp...Antigua Epa
This session seeks to expose participants to the interpretation of and the sectors identified in the schedule of commitments taken by the EU and CARIFORUM States, paying particular attention to the sectors committed by Antigua and Barbuda, including but not limited to financial services, tourism, telecommunication services, marine services and transport, professional services, cultural services, health and wellness and construction services. The discussion will also focus on issues related to the provisions on Commercial Presence, Cross Border Trade and the Temporary Movement of Persons, as well as identify the implementation gaps and recommended actions to be taken by public and private sector stakeholders.
It also seeks to expose participants to the regulatory framework of the aforementioned services sectors of importance to Antigua and Barbuda.
This document provides the following information regarding Argentina´s investment & business legal framework:
1. The legal framework for foreign investment in Argentina; equality of treatment with domestic investors.
2. The legal structures that companies may adopt.
3. General features of the Argentine taxation system.
4. Legal framework for the hire of personnel in Argentina.
5. Framework of norms for investment incentives.
This document was produced by ProsperAr, Argentina´s Investment Development Agency.
If you need further assistance contact us at info@prosperar.gov.ar or use our website www.prosperar.gov.ar
This document was produced by ProsperAr, Argentina´s Investment Development Agency.
If you need further assistance contact us at info@prosperar.gov.ar or use our website www.prosperar.gov.ar
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express Inter...Dr. Oliver Massmann
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express International - What investment fields in Vietnam are offering the biggest investment opportunities to foreign investors and how can foreign investors achieve maximum of legal certainty for their investments?
Regulation of Foreign Direct Investments Patrick Aboku
This presentation was delivered to my colleagues in class on the topic "Regulation of Foreign Direct Investments". It begins with an introduction in the form of definition and benefits, challenges and subsequently regulation in the international and domestic levels
Law of Investment in Indonesia - Investment Facilities in CommonMariske Myeke Tampi
Describes investment facilities in common which are provided by government, company's income tax holiday of reduction, overview of company establishment and principle investment license in Investment Coordinating Board (Badan Koordinasi Penanaman Modal).
Trade in services By. Ms. Allyson Francis - Trade in Services & Investment Sp...Antigua Epa
This session seeks to expose participants to the interpretation of and the sectors identified in the schedule of commitments taken by the EU and CARIFORUM States, paying particular attention to the sectors committed by Antigua and Barbuda, including but not limited to financial services, tourism, telecommunication services, marine services and transport, professional services, cultural services, health and wellness and construction services. The discussion will also focus on issues related to the provisions on Commercial Presence, Cross Border Trade and the Temporary Movement of Persons, as well as identify the implementation gaps and recommended actions to be taken by public and private sector stakeholders.
It also seeks to expose participants to the regulatory framework of the aforementioned services sectors of importance to Antigua and Barbuda.
This document provides the following information regarding Argentina´s investment & business legal framework:
1. The legal framework for foreign investment in Argentina; equality of treatment with domestic investors.
2. The legal structures that companies may adopt.
3. General features of the Argentine taxation system.
4. Legal framework for the hire of personnel in Argentina.
5. Framework of norms for investment incentives.
This document was produced by ProsperAr, Argentina´s Investment Development Agency.
If you need further assistance contact us at info@prosperar.gov.ar or use our website www.prosperar.gov.ar
This document was produced by ProsperAr, Argentina´s Investment Development Agency.
If you need further assistance contact us at info@prosperar.gov.ar or use our website www.prosperar.gov.ar
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express Inter...Dr. Oliver Massmann
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express International - What investment fields in Vietnam are offering the biggest investment opportunities to foreign investors and how can foreign investors achieve maximum of legal certainty for their investments?
Asia Counsel Insights gives readers a concise insight into legal and business developments in Vietnam. This edition has news on: offshore securities investments; conditions for opening vocational education centres; and wind power projects.
Asia Counsel Insights provide readers a punchy update on legal and business developments in Vietnam.
In this edition, we provide a summary of changes to the investment regulation; decree on housing affecting residential development and Covid-19 tax relief.
VIETNAM – BANKING AND FINANCING SUSTAINABLE GROWTH - Issues and Solutions - ...Dr. Oliver Massmann
VIETNAM – BANKING AND FINANCING SUSTAINABLE GROWTH
- Issues and Solutions - Impact of the Key Trade Agreements
CPTPP, EUVNFTA and Investment Protection Agreement
Vietnam Investment Law
67/2014/QH14
In 2015, Vietnamese government has enacted the revised investment law, and it newly presents a list of conditionally opened business sectors.
LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNA...Dr. Oliver Massmann
LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – WHAT YOU MUST KNOW
Asia Counsel Insights gives readers a concise insight into legal and business developments in Vietnam. This edition has news on new decrees on factoring business, insurance business and agribusiness.
Asia Counsel Insights gives readers a concise insight into legal and business developments in Vietnam. This edition has news on casino and betting business; electronic visas for Vietnam; and the new decree on land.
We hope all readers had a great holiday break. Happy new year of the rooster. We wish everyone a prosperous 2017.
Asia Counsel Insights provide readers a punchy update on legal and business developments in Vietnam. This edition has news on transportation mobile applications; higher education transparency measures and bancassurance.
VIETNAM — Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due ...Dr. Oliver Massmann
VIETNAM — Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence Directive (CSDDD oder das EU-Lieferkettengesetz): Umfassende Analyse und Ausblick auf die Auswirkungen auf Unternehmen in Vietnam
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Dr. Oliver Massmann
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to encourage the development of rooftop solar power systems for self-consumption purpose
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence ...Dr. Oliver Massmann
Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence Directive (CSDDD oder das EU-Lieferkettengesetz): Umfassende Analyse und Ausblick auf die Auswirkungen auf Unternehmen in Vietnam
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Debt Mapping Camp bebas riba to know how much our debt
VIETNAM – INTERNATIONAL AGREEMENTS RESULT IN NEW DOMESTIC REGULATION ON MARKET ACCESS FOR FOREIGN INVESTORS
1. VIETNAM – INTERNATIONAL AGREEMENTS RESULT IN NEW DOMESTIC
REGULATION ON MARKET ACCESS FOR FOREIGN INVESTORS
The new Law on Investment took effect on 1 January 2021 (“Investment Law”) has been praised to play an
important role in attracting foreign capital as it sets out clearly the rights and obligations of investors, reduce
administrative procedures as well as sets forth more investment incentives compared to its precedents.
Recently, at the end of March 2021, the Government’s issuance of Decree No. 31/2021/ND-CP guiding the
implementation of Investment Law has been an event of interest (“Decree 31”). With its emphasis on
transparent Market Access conditions for foreign investors, Decree 31 can be seen as an effort by Vietnam
in implementing its commitments under international agreements such as the Comprehensive and
Progressive Agreement for Trans-Pacific Partnership (CPTPP) and EU-Vietnam Free Trade Agreement
(EVFTA).
Important provisions foreign investors should note
1/ Business investment conditions will be published on the National Business Registration Portal.
At the date of writing, the Ministry of Planning and Investment is working on the review and collection of
conditions for publication on the Portal. Conditions for business investment to be announced include:
- The sectors and business lines that are subject to conditional business investment;
- The basis for application of business investment conditions; and
- Specific requirements that entities must fulfill in order to conduct business activities.
Before this, there has been no centralized system where investors could learn the requirements for
conducting business activities in Vietnam. The publication of such conditions will help investors save time
and costs, and is a sign of the Vietnamese Government going digital.
2/ Market access principles take into account Vietnam’s commitment under international
agreements.
- Foreign investors belonging to countries or territories that are not WTO members conducting investment
activities in Vietnam are entitled to the same market access conditions prescribed for investors from WTO
member countries, unless otherwise provided for by Vietnamese law or international treaties between
Vietnam and that country or territory.
- A foreign investor subject to an international treaty on investment that provides more favorable market
access conditions compared to Vietnam laws can apply the market access conditions under that treaty.
- A foreign investor subject to the application of numerous international treaties on investment with different
provisions on market access conditions may pick and choose a treaty applicable to themselves and exercise
2. their rights and obligations in accordance with the entire treaty, even if the treaty is newly signed or
amended or supplemented after the date of entry into force.
3/ Restrictions on foreign investors' ownership ratio are in par with international treaties on
investment.
- Where various foreign investors contribute capital, buy shares, buy capital contributions to economic
organizations and are subject to application of one or more international treaties on investment, the total
ownership ratio of all foreign investors in that economic organization must not exceed the maximum rate
provided for by an international treaty that provides for the ownership ratio of foreign investors for a
specific sector or for such investors
- In case an economic organization has many business lines that are subject to different provisions under
international on the foreign investor's ownership rate, the foreign investor's ownership rate of such
economic organizations must not exceed the lowest foreign ownership limit of all treaties.
4/ Decree 31 introduces new projects allowed for investment incentives.
Projects with investment capital of VND 6,000 billion or more can apply for investment incentives when
the following conditions are fully satisfied:
a) Make a minimum disbursement of VND 6,000 billion within 3 years from the date of issuance of the
Investment Registration Certificate, Decision on approval of investment policy and Decision on approval
of investor (for projects not subject to issuance of Investment Registration Certificate); and
b) Having minimum total revenue of VND 10,000 billion per year within 03 years since the year of first
revenue or employing 3,000 regular employees on average annually within 03 years from the year of
first revenue.
For more information on the above, please do not hesitate to contact the author Dr. Oliver Massmann under
omassmann@duanemorris.com. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam
LLC, Member to the Supervisory Board of PetroVietnam Insurance JSC and the only foreign lawyer
presenting in Vietnamese language to members of the NATIONAL ASSEMBLY OF VIETNAM.