This document provides an overview of Vietnam's new investment law and the opportunities presented by various trade agreements including the ASEAN Economic Community (AEC), the EU-Vietnam Free Trade Agreement (EVFTA), and the Trans-Pacific Partnership (TPP). Key points include simplifying investment procedures, liberalizing certain sectors, increasing market access through tariff reductions and services commitments, and establishing investor-state dispute settlement mechanisms.
The document discusses compliance issues that companies operating in Vietnam may face. It begins by outlining some of the key compliance areas such as competition law, employment law, anti-corruption laws, and highlights anti-corruption as the focus. It then provides details on whistleblower protections and how companies should handle whistleblower reports, including gathering evidence and potentially notifying authorities. Lastly, it discusses two specific compliance issues related to the case: price-fixing under competition law and bribery under anti-corruption laws.
Vietnam - The TPP, AEC and Star Trek: Scotti: Beam Vietnam UpDr. Oliver Massmann
This document discusses the ASEAN Economic Community (AEC) and the Trans-Pacific Partnership (TPP) agreement and their potential benefits for Vietnam. It provides an overview of the AEC, including its goals of establishing a single market and production base within ASEAN. It also outlines some of the progress that has been made toward economic integration under the AEC. The document then discusses key aspects of the TPP, particularly how it differs from other trade agreements in its scope and coverage of issues. It argues the TPP could provide significant economic benefits to Vietnam through tariff reductions, increased exports and foreign investment.
Investing in Myanmar in the Context of the Asean Economic Community - How to ...Dr. Oliver Massmann
The document discusses foreign investment in Myanmar. It provides an overview of the country's economy and opportunities in key sectors like infrastructure, energy, telecommunications and mining. It outlines the forms of foreign investment allowed, including wholly foreign owned companies, joint ventures, branches and representative offices. Minimum capital requirements and restrictions on certain activities are also summarized. The presentation aims to help investors understand how to successfully invest in Myanmar.
VIETNAM’S BUSINESS ENVIRONMENT - Investment opportunities and challenges for...Dr. Oliver Massmann
The document is a presentation by Oliver Massmann of Duane Morris Vietnam LLC about investing in Vietnam. It provides an overview of Vietnam's economy, recent trade agreements including the EU-Vietnam Free Trade Agreement and TPP, and the business environment and investment opportunities in Vietnam. Key points covered include Vietnam's GDP growth, trade relations, incentives for foreign investment, and reduced restrictions on foreign ownership under new laws. Overall, the presentation aims to promote investing in Vietnam by outlining the country's economic reforms and integration into regional and global trade.
VIETNAMESE MARKET ANALYSIS Practical and Legal PerspectiveDr. Oliver Massmann
The document is a presentation by Oliver Massmann of Duane Morris Vietnam LLC providing an overview of investing in Vietnam. It discusses why Vietnam is an attractive investment destination due to its strong economic growth rates and integration into regional and international trade agreements. Several key points are made about Vietnam's economy in 2015, its transition from a rice importer to exporter, and projected growth rates. The benefits of trade agreements such as the ASEAN Economic Community, EU-Vietnam Free Trade Agreement, and Trans-Pacific Partnership for Vietnam and foreign investors are also summarized.
The document provides background information on the ASEAN-China Free Trade Agreement (ACFTA), the largest free trade agreement in the world. It discusses key details of the agreement such as tariff reductions, rules of origin, sensitive goods lists, and the dispute settlement mechanism. The document is intended to help businesses understand how to qualify for tariff preferences under the agreement and leverage the new market access opportunities between ASEAN countries and China.
The document discusses compliance issues that companies operating in Vietnam may face. It begins by outlining some of the key compliance areas such as competition law, employment law, anti-corruption laws, and highlights anti-corruption as the focus. It then provides details on whistleblower protections and how companies should handle whistleblower reports, including gathering evidence and potentially notifying authorities. Lastly, it discusses two specific compliance issues related to the case: price-fixing under competition law and bribery under anti-corruption laws.
Vietnam - The TPP, AEC and Star Trek: Scotti: Beam Vietnam UpDr. Oliver Massmann
This document discusses the ASEAN Economic Community (AEC) and the Trans-Pacific Partnership (TPP) agreement and their potential benefits for Vietnam. It provides an overview of the AEC, including its goals of establishing a single market and production base within ASEAN. It also outlines some of the progress that has been made toward economic integration under the AEC. The document then discusses key aspects of the TPP, particularly how it differs from other trade agreements in its scope and coverage of issues. It argues the TPP could provide significant economic benefits to Vietnam through tariff reductions, increased exports and foreign investment.
Investing in Myanmar in the Context of the Asean Economic Community - How to ...Dr. Oliver Massmann
The document discusses foreign investment in Myanmar. It provides an overview of the country's economy and opportunities in key sectors like infrastructure, energy, telecommunications and mining. It outlines the forms of foreign investment allowed, including wholly foreign owned companies, joint ventures, branches and representative offices. Minimum capital requirements and restrictions on certain activities are also summarized. The presentation aims to help investors understand how to successfully invest in Myanmar.
VIETNAM’S BUSINESS ENVIRONMENT - Investment opportunities and challenges for...Dr. Oliver Massmann
The document is a presentation by Oliver Massmann of Duane Morris Vietnam LLC about investing in Vietnam. It provides an overview of Vietnam's economy, recent trade agreements including the EU-Vietnam Free Trade Agreement and TPP, and the business environment and investment opportunities in Vietnam. Key points covered include Vietnam's GDP growth, trade relations, incentives for foreign investment, and reduced restrictions on foreign ownership under new laws. Overall, the presentation aims to promote investing in Vietnam by outlining the country's economic reforms and integration into regional and global trade.
VIETNAMESE MARKET ANALYSIS Practical and Legal PerspectiveDr. Oliver Massmann
The document is a presentation by Oliver Massmann of Duane Morris Vietnam LLC providing an overview of investing in Vietnam. It discusses why Vietnam is an attractive investment destination due to its strong economic growth rates and integration into regional and international trade agreements. Several key points are made about Vietnam's economy in 2015, its transition from a rice importer to exporter, and projected growth rates. The benefits of trade agreements such as the ASEAN Economic Community, EU-Vietnam Free Trade Agreement, and Trans-Pacific Partnership for Vietnam and foreign investors are also summarized.
The document provides background information on the ASEAN-China Free Trade Agreement (ACFTA), the largest free trade agreement in the world. It discusses key details of the agreement such as tariff reductions, rules of origin, sensitive goods lists, and the dispute settlement mechanism. The document is intended to help businesses understand how to qualify for tariff preferences under the agreement and leverage the new market access opportunities between ASEAN countries and China.
This document discusses an upcoming panel on M&A and restructuring processes in Vietnam's insurance industry. The panel will provide an introduction and overview of Vietnam's economy and insurance industry. Topics to be discussed include the impact of Vietnam's economic crisis, current M&A activity, factors leading to M&A decisions, and the impact of consolidation on individual companies and the industry. The document outlines Vietnam's growing but restructuring insurance market and economy as an investment opportunity with potential for foreign insurers.
The document discusses investment opportunities in Vietnam. It provides an overview of Vietnam's economy and growth rates in recent years. Vietnam has pursued many free trade agreements that have reduced restrictions and opened its markets. This integration into regional and global trade, combined with a young workforce and growing middle class, make Vietnam an attractive investment destination according to the document.
The document discusses M&A and capital market development in Vietnam. It provides an overview of M&A and FDI trends in Vietnam, noting increasing M&A deal values in recent years. It also identifies some impediments in Vietnam's investment environment like inconsistent regulations. Looking forward, the document predicts continued growth in Vietnam's economy and M&A/capital markets, driven by international trade agreements and reforms. Banking, real estate, and consumer goods are sectors expected to see ongoing M&A activity in the coming years.
Lawyer in Vietnam Oliver Massmann Lifting Foreign Ownership Limits in Public ...Dr. Oliver Massmann
The document discusses Vietnam scrapping foreign ownership limits in investments. Key points:
- Decree 60/2015 lifts foreign equity caps in publicly traded companies, allowing up to 100% foreign ownership. Previously, caps ranged from 30-49% depending on the sector.
- This removes a major restriction and opens more opportunities for foreign private equity investors to acquire majority stakes. It could enhance market liquidity and the privatization of state-owned enterprises.
- Implementation has begun for securities companies but guidance is still needed for other conditional sectors. Overall foreign ownership is still determined based on the sector and Vietnam's international treaties.
- Lifting caps is positive but limited state-owned enterprise stakes and lack
Myanmar - Legal and Tax Structure of Major Construction ProjectsDr. Oliver Massmann
This document discusses legal and tax structures for major construction projects in Myanmar. It provides an overview of land ownership types in Myanmar including freehold, grant land, and government leases. It also discusses licensing requirements for joint ventures, construction permits, and environmental impact assessments. Key terms for government leases and potential problem areas in construction contracts under Myanmar law are outlined. The document uses a case study of a construction company to illustrate investment licensing, procurement, and service fee structures.
LAWYER IN VIETNAM DR.OLIVER MASSMANN - OUTLINING DOMESTIC AND INTERNATIONAL L...Dr. Oliver Massmann
LAWYER IN VIETNAM DR.OLIVER MASSMANN - OUTLINING DOMESTIC AND INTERNATIONAL LEGISLATION (EU – VIETNAM FTA AND CPTPP) AND BUSINESS ENVIRONMENT FOR SEAPORT DEVELOPMENT AND OPERATIONS IN VIETNAM
Lawyer in Vietnam Oliver Massmann TPP and EUVN FTA Rules of Origin AnalysisDr. Oliver Massmann
The document discusses rules of origin (RoO) under the Trans-Pacific Partnership (TPP) agreement and how they differ from the RoO in the EU-Vietnam Free Trade Agreement (EVFTA). RoO in the TPP are predominantly based on specified shifts in tariff classification, regional value content, and production stages. Most tariffs on textiles and apparel will be eliminated under the TPP, though some sensitive products will have longer phase-out periods. For footwear, the TPP provides more flexible RoO than for textiles, allowing sourcing from anywhere in the TPP with some exceptions. The EVFTA uses a "fabric-forward" rule for textiles compared to the "yarn-
SUPPORTING REGIME FOR SMALL AND MEDIUM ENTERPRISES (“SMEs”) IN VIETNAMDr. Oliver Massmann
The document discusses a draft law in Vietnam to support small and medium enterprises (SMEs) as they face increasing competition from foreign firms. The law aims to introduce a comprehensive set of supporting measures for SMEs. It defines SMEs based on employee numbers and capital. The key supporting measures in the draft law include improved access to bank loans and funding, lower corporate tax rates, access to industrial zones, support for market expansion, and priority in public procurement contracts. The draft law seeks to increase the number and quality of SMEs to drive Vietnam's economic growth.
This document provides an overview and guide to investing in Myanmar. It discusses the types of companies foreign investors can establish, including 100% foreign owned companies or joint ventures. It also outlines the application procedures and capital requirements to obtain necessary permits and approvals from the Myanmar government. The guide highlights Myanmar's potential for investment opportunities across many industries due to its abundance of natural resources and strategic location in Southeast Asia.
- Vietnam's gambling industry is poised for expansion with four new integrated resorts planned and a trial allowing locals into casinos. This could position Vietnam as an alternative to Macau for gambling.
- Currently, only foreigners can legally gamble in Vietnam's casinos. Locals participate in illegal underground gambling or travel to Cambodia to gamble. However, new regulations may soon permit locals to access two integrated resorts on a trial basis.
- Vietnam's lottery market is growing, led by Vietlott which holds exclusive rights through 2034 following an investment deal with Malaysian firm Berjaya. Vietlott offers two games and is expanding its network of terminals nationwide.
Investment Opportunities and Challenges in Vietnam and MyanmarDr. Oliver Massmann
This document discusses investment opportunities and challenges in Vietnam and Myanmar. It begins with an agenda that includes why and how to invest in Vietnam and Myanmar, upcoming key opportunities and sectors, and changes to Vietnam's investment environment. The document then provides details on Vietnam's growing economy and middle class. It discusses Vietnam's integration in regional and international agreements like the TPP, ASEAN, and EU agreements. The document outlines Vietnam's investment procedures, incentives, taxes, and labor laws. It concludes with a brief section on investing and doing business in Myanmar.
Lawyer in Vietnam Oliver Massmann Impact of WTO Accession - An analysisDr. Oliver Massmann
The document discusses the impact of Vietnam's accession to the WTO in several key areas:
1. The economy experienced both opportunities in the form of increased trade and investment, as well as challenges in adapting industries to greater competition.
2. Specific industries like agriculture, manufacturing, and services underwent shifts towards higher technology and quality in order to compete internationally.
3. Socially, the accession created jobs but also increased inequality as some groups had more difficulty adapting to changes. Appropriate government policies helped address issues.
4. Compliance with WTO commitments and international trade law became important factors in Vietnam's policymaking and economic integration onto the global stage.
8 Things You Should Know About Power Regulatory Reform in MyanmarDr. Oliver Massmann
This document discusses power sector regulatory reforms in Myanmar. It explains that reforms are aimed at protecting consumers, encouraging investment, and ensuring reliable power supply. It outlines the establishment of the Electricity Regulatory Commission to regulate the sector but notes more clarification is still needed around its powers and processes. The document also discusses licensing procedures, tariff determination, supporting regulations needed, the ability of foreign investors to participate in the sector and other legal issues relevant for power projects in Myanmar.
The document discusses investment opportunities in Vietnam's real estate sector. It notes that Vietnam has a rapidly growing economy and population that is urbanizing quickly, creating significant demand for residential and commercial real estate. Recent trade agreements are expected to further boost foreign investment in Vietnam and the real estate sector. The document advises that now is an opportune time for investors to invest in Vietnam's real estate market before competition increases.
Lawyer in Vietnam Dr. Oliver Massmann ASEAN's New Direction - Opportunities f...Dr. Oliver Massmann
This document is a presentation about opportunities for German companies in ASEAN given the establishment of the ASEAN Economic Community (AEC). It begins with an introduction to the AEC, including its goals of creating a single market and production base to attract foreign investment and increase intra-ASEAN trade. Country backgrounds are then provided for Vietnam, Cambodia, and Myanmar, highlighting economic growth opportunities and challenges in each. The presentation concludes by emphasizing the benefits for investors of doing business in the ASEAN region.
This document summarizes key legislation, regulations, and processes relevant to the offshore oil and gas industry in Myanmar. It outlines laws governing foreign investment, labor, environment, and international treaties. It also describes Myanmar Oil and Gas Enterprise's role in controlling the industry, the production sharing contract process, and concerns for foreign investors around political stability and contract enforcement. MOGE plans to tender new offshore blocks in 2015 after delays due to recent elections.
This document provides an overview of Vietnam's tax system and major taxes applicable to foreign business activities. It discusses Vietnam's tax authority structure, key taxes such as Enterprise Income Tax, Value Added Tax, and Withholding Tax. Tax reforms, management, penalties and incentives are also covered at a high level. The document aims to give readers a broad understanding of taxation in Vietnam.
This document discusses an upcoming panel on M&A and restructuring processes in Vietnam's insurance industry. The panel will provide an introduction and overview of Vietnam's economy and insurance industry. Topics to be discussed include the impact of Vietnam's economic crisis, current M&A activity, factors leading to M&A decisions, and the impact of consolidation on individual companies and the industry. The document outlines Vietnam's growing but restructuring insurance market and economy as an investment opportunity with potential for foreign insurers.
The document discusses investment opportunities in Vietnam. It provides an overview of Vietnam's economy and growth rates in recent years. Vietnam has pursued many free trade agreements that have reduced restrictions and opened its markets. This integration into regional and global trade, combined with a young workforce and growing middle class, make Vietnam an attractive investment destination according to the document.
The document discusses M&A and capital market development in Vietnam. It provides an overview of M&A and FDI trends in Vietnam, noting increasing M&A deal values in recent years. It also identifies some impediments in Vietnam's investment environment like inconsistent regulations. Looking forward, the document predicts continued growth in Vietnam's economy and M&A/capital markets, driven by international trade agreements and reforms. Banking, real estate, and consumer goods are sectors expected to see ongoing M&A activity in the coming years.
Lawyer in Vietnam Oliver Massmann Lifting Foreign Ownership Limits in Public ...Dr. Oliver Massmann
The document discusses Vietnam scrapping foreign ownership limits in investments. Key points:
- Decree 60/2015 lifts foreign equity caps in publicly traded companies, allowing up to 100% foreign ownership. Previously, caps ranged from 30-49% depending on the sector.
- This removes a major restriction and opens more opportunities for foreign private equity investors to acquire majority stakes. It could enhance market liquidity and the privatization of state-owned enterprises.
- Implementation has begun for securities companies but guidance is still needed for other conditional sectors. Overall foreign ownership is still determined based on the sector and Vietnam's international treaties.
- Lifting caps is positive but limited state-owned enterprise stakes and lack
Myanmar - Legal and Tax Structure of Major Construction ProjectsDr. Oliver Massmann
This document discusses legal and tax structures for major construction projects in Myanmar. It provides an overview of land ownership types in Myanmar including freehold, grant land, and government leases. It also discusses licensing requirements for joint ventures, construction permits, and environmental impact assessments. Key terms for government leases and potential problem areas in construction contracts under Myanmar law are outlined. The document uses a case study of a construction company to illustrate investment licensing, procurement, and service fee structures.
LAWYER IN VIETNAM DR.OLIVER MASSMANN - OUTLINING DOMESTIC AND INTERNATIONAL L...Dr. Oliver Massmann
LAWYER IN VIETNAM DR.OLIVER MASSMANN - OUTLINING DOMESTIC AND INTERNATIONAL LEGISLATION (EU – VIETNAM FTA AND CPTPP) AND BUSINESS ENVIRONMENT FOR SEAPORT DEVELOPMENT AND OPERATIONS IN VIETNAM
Lawyer in Vietnam Oliver Massmann TPP and EUVN FTA Rules of Origin AnalysisDr. Oliver Massmann
The document discusses rules of origin (RoO) under the Trans-Pacific Partnership (TPP) agreement and how they differ from the RoO in the EU-Vietnam Free Trade Agreement (EVFTA). RoO in the TPP are predominantly based on specified shifts in tariff classification, regional value content, and production stages. Most tariffs on textiles and apparel will be eliminated under the TPP, though some sensitive products will have longer phase-out periods. For footwear, the TPP provides more flexible RoO than for textiles, allowing sourcing from anywhere in the TPP with some exceptions. The EVFTA uses a "fabric-forward" rule for textiles compared to the "yarn-
SUPPORTING REGIME FOR SMALL AND MEDIUM ENTERPRISES (“SMEs”) IN VIETNAMDr. Oliver Massmann
The document discusses a draft law in Vietnam to support small and medium enterprises (SMEs) as they face increasing competition from foreign firms. The law aims to introduce a comprehensive set of supporting measures for SMEs. It defines SMEs based on employee numbers and capital. The key supporting measures in the draft law include improved access to bank loans and funding, lower corporate tax rates, access to industrial zones, support for market expansion, and priority in public procurement contracts. The draft law seeks to increase the number and quality of SMEs to drive Vietnam's economic growth.
This document provides an overview and guide to investing in Myanmar. It discusses the types of companies foreign investors can establish, including 100% foreign owned companies or joint ventures. It also outlines the application procedures and capital requirements to obtain necessary permits and approvals from the Myanmar government. The guide highlights Myanmar's potential for investment opportunities across many industries due to its abundance of natural resources and strategic location in Southeast Asia.
- Vietnam's gambling industry is poised for expansion with four new integrated resorts planned and a trial allowing locals into casinos. This could position Vietnam as an alternative to Macau for gambling.
- Currently, only foreigners can legally gamble in Vietnam's casinos. Locals participate in illegal underground gambling or travel to Cambodia to gamble. However, new regulations may soon permit locals to access two integrated resorts on a trial basis.
- Vietnam's lottery market is growing, led by Vietlott which holds exclusive rights through 2034 following an investment deal with Malaysian firm Berjaya. Vietlott offers two games and is expanding its network of terminals nationwide.
Investment Opportunities and Challenges in Vietnam and MyanmarDr. Oliver Massmann
This document discusses investment opportunities and challenges in Vietnam and Myanmar. It begins with an agenda that includes why and how to invest in Vietnam and Myanmar, upcoming key opportunities and sectors, and changes to Vietnam's investment environment. The document then provides details on Vietnam's growing economy and middle class. It discusses Vietnam's integration in regional and international agreements like the TPP, ASEAN, and EU agreements. The document outlines Vietnam's investment procedures, incentives, taxes, and labor laws. It concludes with a brief section on investing and doing business in Myanmar.
Lawyer in Vietnam Oliver Massmann Impact of WTO Accession - An analysisDr. Oliver Massmann
The document discusses the impact of Vietnam's accession to the WTO in several key areas:
1. The economy experienced both opportunities in the form of increased trade and investment, as well as challenges in adapting industries to greater competition.
2. Specific industries like agriculture, manufacturing, and services underwent shifts towards higher technology and quality in order to compete internationally.
3. Socially, the accession created jobs but also increased inequality as some groups had more difficulty adapting to changes. Appropriate government policies helped address issues.
4. Compliance with WTO commitments and international trade law became important factors in Vietnam's policymaking and economic integration onto the global stage.
8 Things You Should Know About Power Regulatory Reform in MyanmarDr. Oliver Massmann
This document discusses power sector regulatory reforms in Myanmar. It explains that reforms are aimed at protecting consumers, encouraging investment, and ensuring reliable power supply. It outlines the establishment of the Electricity Regulatory Commission to regulate the sector but notes more clarification is still needed around its powers and processes. The document also discusses licensing procedures, tariff determination, supporting regulations needed, the ability of foreign investors to participate in the sector and other legal issues relevant for power projects in Myanmar.
The document discusses investment opportunities in Vietnam's real estate sector. It notes that Vietnam has a rapidly growing economy and population that is urbanizing quickly, creating significant demand for residential and commercial real estate. Recent trade agreements are expected to further boost foreign investment in Vietnam and the real estate sector. The document advises that now is an opportune time for investors to invest in Vietnam's real estate market before competition increases.
Lawyer in Vietnam Dr. Oliver Massmann ASEAN's New Direction - Opportunities f...Dr. Oliver Massmann
This document is a presentation about opportunities for German companies in ASEAN given the establishment of the ASEAN Economic Community (AEC). It begins with an introduction to the AEC, including its goals of creating a single market and production base to attract foreign investment and increase intra-ASEAN trade. Country backgrounds are then provided for Vietnam, Cambodia, and Myanmar, highlighting economic growth opportunities and challenges in each. The presentation concludes by emphasizing the benefits for investors of doing business in the ASEAN region.
This document summarizes key legislation, regulations, and processes relevant to the offshore oil and gas industry in Myanmar. It outlines laws governing foreign investment, labor, environment, and international treaties. It also describes Myanmar Oil and Gas Enterprise's role in controlling the industry, the production sharing contract process, and concerns for foreign investors around political stability and contract enforcement. MOGE plans to tender new offshore blocks in 2015 after delays due to recent elections.
This document provides an overview of Vietnam's tax system and major taxes applicable to foreign business activities. It discusses Vietnam's tax authority structure, key taxes such as Enterprise Income Tax, Value Added Tax, and Withholding Tax. Tax reforms, management, penalties and incentives are also covered at a high level. The document aims to give readers a broad understanding of taxation in Vietnam.
HOW CAN EUROPEAN BUSINESSES BENEFIT FROM THE EU- VIETNAM FREE TRADE AGREEMENT? Dr. Oliver Massmann
This document discusses the benefits of the EU-Vietnam Free Trade Agreement (EVFTA) for European and Vietnamese businesses. It provides an overview of Vietnam's economy in 2016 and the progress of EVFTA negotiations. Key points include that EVFTA will eliminate nearly all tariffs between the EU and Vietnam over 7-10 years, improve market access for goods and services, and establish rules for investment protection and dispute resolution. The agreement has the potential to significantly increase bilateral trade and investment by creating more opportunities in sectors like automotive, pharmaceuticals, alcoholic beverages, and others. Challenges include rising competition and reducing tariffs that impact government revenue.
Investing and Doing business in Fisheries Sector in MyanmarDr. Oliver Massmann
This document provides an overview of investment opportunities and regulations regarding the fisheries sector in Myanmar. It discusses Myanmar's fisheries resources and production potential. Foreign investment in the fisheries sector is allowed only through joint ventures with Myanmar citizens, with a cap on foreign capital ratio of 80%. Some fisheries activities require an environmental impact assessment. The document outlines challenges such as a lack of capital and technology, and reasons for investing in Myanmar's fisheries sector, including its potential as an untapped market and new FDI hub in Asia.
The document discusses the organizational life cycle that new ventures typically go through, including five stages: start-up, expansion, consolidation, revival, and decline. It describes the challenges entrepreneurs face at each stage, such as unpredictable growth and fighting fires at start-up, managing rapid growth during expansion, and making difficult decisions during consolidation to remain profitable. Successful ventures adapt to meet the changing needs at each stage through their leadership and strategic decisions around areas like products, markets, and organization.
Vietnam Pharmaceutical Industry And Investment StrategyVinh Nguyen
The document analyzes the Vietnam pharmaceutical industry through a SWOT analysis and discusses key factors such as market size, growth, segmentation, and the top 20 corporate market shares. Some of the industry's strengths include a large population with significant growth potential and a commitment by the government to develop the health sector. However, weaknesses include an underdeveloped primary care system and barriers such as a lack of freedom for foreign companies to operate. The market size has grown substantially in recent years but per capita spending on drugs remains relatively low compared to other Asian countries.
VIETNAM - TRANSPORTATION AND LOGISTICS – WHAT YOU MUST KNOW:Dr. Oliver Massmann
The document discusses transportation and logistics issues in Vietnam. It summarizes that Vietnam's economy relies on efficient transportation and logistics to support its manufacturing sector and trade. It then outlines several key issues and recommendations to streamline customs procedures and specialized inspections. These include increasing customs de minimis thresholds, further implementing the National Single Window system, simplifying inspection processes for textiles and used machinery, and clarifying tax policies for bonded warehouses. Addressing these issues could accelerate trade, reduce costs, and help Vietnam compete globally as a manufacturing and logistics hub.
The document discusses investment opportunities in Vietnam. It provides an overview of Vietnam's economy and growth rates in recent years. Vietnam has pursued many free trade agreements that have reduced restrictions and opened its markets. This integration into regional and global trade, combined with a young workforce and growing middle class, make Vietnam an attractive investment destination according to the document.
VIETNAM - PUBLIC-PRIVATE PARTNERSHIPS – What you must know:Dr. Oliver Massmann
The document provides an overview of public-private partnerships (PPPs) in Vietnam and makes recommendations to promote the country's PPP program. It summarizes that Vietnam passed new PPP decrees in 2015 but faces challenges developing projects, including a lack of capacity and coordination among government agencies. It recommends developing a visible pipeline of priority projects, improving government capacity through training, and streamlining regulations to address inconsistencies and gaps regarding key issues like viability gap funding, land rights, and dispute resolution.
LAWYER IN VIETNAM OLIVER MASSMANN VIETNAM M&A IN 2016 AND 2017 OUTLOOKDr. Oliver Massmann
This document summarizes Oliver Massmann's presentation on M&A trends in Vietnam in 2016 and the outlook for 2017. Some key points from the presentation include:
- Major foreign investors in Vietnamese M&A deals in 2016 came from Thailand, Japan, Korea, the US and Europe as they prepared for new trade agreements.
- Retail and real estate were the most active sectors in terms of deal value. Notable M&A deals included Central Group's acquisition of Big C Vietnam and TTC Holdings' acquisition of Metro Vietnam.
- Drivers of M&A activity in Vietnam in 2016 included the new Investment Law, Enterprise Law and implementing decrees which simplified procedures, as well as new trade agreements like the
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
M&A in Vietnam: addressing key issues that arise under the enterprise law and...Dr. Oliver Massmann
This document summarizes a presentation given by Dr. Oliver Massmann on M&A in Vietnam. It discusses opportunities and challenges for M&A under Vietnam's new investment and enterprise laws. Key points include an overview of major M&A trends in Vietnam in recent years, notable M&A deals in 2016, drivers of M&A activity, changes to foreign ownership limits, and Vietnam's increasing economic integration through agreements like the TPP and EU-Vietnam Free Trade Agreement. The presentation addresses issues that commonly arise for foreign investors pursuing M&A transactions in Vietnam.
Lawyer in Vietnam Dr Oliver Massmann Vietnam on a new course with EuropeDr. Oliver Massmann
The document summarizes key points from a presentation about the EU-Vietnam Free Trade Agreement (EVFTA) and its impact on market access for European companies in Vietnam. Specifically, it provides an overview of Vietnam's economy, details of the EVFTA and Investment Protection Agreement, comparisons of market access commitments in sectors like distribution, transport, securities and telecommunications, opportunities and challenges in automotive, pharmaceuticals and alcohol, and considerations for doing business and investing in Vietnam.
INVESTMENT OPPORTUNITIES AND CHALLENGES IN VIETNAM AND MYANMARDr. Oliver Massmann
The document discusses investment opportunities and challenges in Vietnam and Myanmar. It provides an overview of the economies and business environments of both countries, highlighting sectors with strong investment potential such as agriculture, manufacturing, and tourism. Challenges include developing infrastructure and a skilled workforce. The document also outlines the key trade agreements and incentives available to foreign investors in Vietnam and Myanmar.
Lawyer in Vietnam Dr. Oliver Massmann - DOING BUSINESS IN VIETNAM - What in-h...Dr. Oliver Massmann
The document provides an overview of doing business in Vietnam presented by Dr. Oliver Massmann of Duane Morris Vietnam LLC. It discusses Vietnam's strong economic growth, integration into regional trade agreements, attractive investment environment including tax incentives, and labor market. Specific topics covered include Vietnam's GDP, exports, free trade agreements like CPTPP and EVFTA, sectors seeing foreign investment, procedures for investment and M&A, and taxation. The presentation encourages investors to take advantage of opportunities in Vietnam.
This document provides an overview and analysis of Vietnam's new Investment Law and Enterprise Law, and discusses implications of the upcoming ASEAN Economic Community (AEC). Key points include:
- The new laws simplify investment procedures and reduce restrictions on foreign investment in Vietnam.
- They provide clearer definitions of foreign investors and streamline investment registration.
- Vietnam's ongoing equitization of state-owned enterprises will provide opportunities for foreign investment and M&A deals.
- The establishment of the AEC in 2015 will create a larger shared market of over 600 million people across Southeast Asia, offering greater access and opportunities for businesses to expand regionally.
- Analysis suggests Vietnam is well-positioned to benefit from the
Lawyer in Vietnam Dr. Oliver Massmann DOING BUSINESS IN VIETNAMDr. Oliver Massmann
This document provides an overview of Duane Morris, a law firm with offices around the world including Vietnam, and discusses investing and Vietnam's legal system. It summarizes Vietnam's economy in 2018, the forms of investing in Vietnam including establishing entities and business cooperation contracts, and provides highlights of Vietnam's tax system and incentives for foreign investment.
The document discusses mergers and acquisitions (M&A) in Vietnam. It provides an overview of Vietnam's strong economic growth and increasing foreign investment. Major M&A trends in Vietnam in recent years are highlighted, with the value of M&A deals reaching $10.4 billion in the first nine months of 2019. The document also outlines Vietnam's legal framework for M&A transactions and considerations for foreign investors conducting deals in Vietnam.
Lawyer in Vietnam Dr. Oliver Massmann Vietnam M&A in 2018 and 2019 OutlookDr. Oliver Massmann
The document discusses mergers and acquisitions (M&A) trends and outlook in Vietnam. It notes that M&A deal value in Vietnam hit $9.9 billion in 2018, a 160% increase from 2017. Real estate was a major sector for deals. Foreign investment laws were also relaxed, allowing for up to 100% foreign ownership of listed public companies. The document provides an overview of Vietnam's economy and M&A regulation, and considers factors driving M&A activity as well as challenges for foreign investors.
The document discusses investing in Vietnam's chemical industry. It notes that Vietnam has integrated into regional and international economies through various free trade agreements. The chemical industry in Vietnam has experienced high growth rates in recent years but also faces challenges. There are some conditions for investing in the chemical sector, including requirements for technical directors and safety standards. The presentation provides an overview of Vietnam's economic growth and integration efforts to promote it as an attractive destination for chemical industry investments.
Lawyer in Vietnam & Myanmar Dr. Oliver Massmann - Alternative Dispute Resolut...Dr. Oliver Massmann
Lawyer in Vietnam & Myanmar Dr. Oliver Massmann - Alternative Dispute Resolution in Vietnam AND MYANMAR — THE PRESENT— THE FUTURE — THE GOLDEN RULE what you must know
The document is a presentation by Dr. Oliver Massmann on investing in Myanmar under the new investment laws. It provides an overview of the investment climate and opportunities in Myanmar, including key sectors such as oil and gas, power, and manufacturing. It discusses the lifting of US sanctions on Myanmar and the new government. The presentation also outlines the new Myanmar Investment Law of 2017, which provides tax incentives to foreign investors and guarantees against nationalization. It notes some challenges to foreign direct investment in Myanmar but argues the country remains one of the last untapped markets in Asia.
The document summarizes key aspects of Vietnam's new Investment Law and Enterprise Law, and discusses the establishment of the ASEAN Economic Community (AEC). Some key points include:
- The new laws in Vietnam simplify investment procedures, reduce restrictions on foreign investment, and provide greater protections for minority shareholders.
- Vietnam aims to equitize hundreds of state-owned enterprises by 2015 to attract more foreign investment.
- The AEC is scheduled to launch in 2015, creating a single market of over 600 million people across Southeast Asia. It aims to promote free flow of goods, services, investment and skilled labor throughout the region.
This document provides an overview of doing business in Vietnam. It discusses how to access the Vietnamese market through establishing a corporate entity or partnership. It also covers understanding state-owned enterprises like PVN, dealing with corruption, intellectual property issues, and competition law compliance. The document recommends foreign companies partner with well-connected local firms, take advantage of trade agreements, and pressure Vietnam to improve transparency in government procurement to help mitigate challenges in the market.
This document provides an overview of doing business in Vietnam. It discusses how to access the Vietnamese market through establishing a corporate entity or partnership. It also covers understanding state-owned enterprises like PVN, dealing with corruption, intellectual property issues, and competition law compliance. The document recommends foreign companies partner with well-connected local firms, take advantage of trade agreements, and pressure Vietnam to improve transparency in government procurement to help level the playing field.
Similar to Vietnam - New Investment Law, The TPP, AEC, EVFTA and Star Trek: Scotti: Beam Vietnam Up (20)
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
OMassmann - Investment into the grid and transmission system in Vietnam (2024...Dr. Oliver Massmann
The document summarizes Vietnam's Power Development Plan 8 (PDP8), which aims to ensure national energy security by 2050 through increasing renewable energy and developing the transmission grid system. Key points include: (1) PDP8 sets renewable energy targets of 47% by 2030 and 67.5-71.5% by 2050; (2) $134.7 billion will be invested in power generation and transmission from 2021-2030; (3) the plan encourages private investment and development of the transmission grid system.
Vietnam's Plan for Implementation of PDP8 – Key HighlightsDr. Oliver Massmann
The Prime Minister of Vietnam approved the Plan for Implementation of the National Power Development Plan to 2030 (PDP8) on April 1, 2024. The Implementation Plan sets specific tasks and timelines for government ministries to execute PDP8 through 2025. It maintains planned capacity targets for power generation projects such as gas, coal, and hydropower. However, it does not provide guidelines to address issues like project bankability and feed-in tariffs. The Implementation Plan also lists onshore wind and solar power projects and targets, while prioritizing the development of relevant legal frameworks through 2025 to fully implement PDP8 by 2030.
VIETNAM - THE NEW LAW ON CREDIT INSTITUTIONS - WHAT YOU MUST KNOW:Dr. Oliver Massmann
The National Assembly of Vietnam passed a new Law on Credit Institutions that takes effect on July 1, 2024. The objectives of the new law are to strengthen the resilience of the banking system, increase the independence and accountability of credit institutions, and improve oversight of the banking industry. Key changes include new rules around cross-ownership in commercial banks, managing bad debts, and providing a legal framework for digital banking. These regulations are intended to further develop Vietnam's market infrastructure and move the country closer to emerging market status. However, Vietnam remains a frontier market, and guidance on the new law could focus more on ensuring availability of information and streamlined processes to set up investment accounts to help Vietnam achieve emerging market status sooner. The new law
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
Vietnam's National Energy Development Strategy – Key HighlightsDr. Oliver Massmann
The Prime Minister of Vietnam approved the National Energy Development Strategy to 2030 and vision to 2045 to ensure national energy security and sustainable development. The strategy aims to meet domestic energy demand through 2030 by supplying 150-170 million tons of oil equivalent primarily through renewable sources comprising 15-20% of supply by 2030 and 65-70% by 2045. It also seeks to reduce greenhouse gas emissions from energy by 15-35% by 2030 and 70-80% by 2045. The Ministry of Industry and Trade will implement policies and proposed legislation to develop an interconnected energy market, encourage private investment in renewable projects, and establish a framework for direct power purchase agreements between renewable producers and customers.
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
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
2. www.duanemorris.com
AGENDA:
• INVESTMENT LAW AND ENTERPRISE LAW – WHAT IS
NEW?
• ASEAN ECONOMIC COMMUNITY (“AEC”) –WHAT IS
IT? WHAT DOES AEC HAVE TO OFFER TO
INVESTORS?
• EU – VIETNAM FREE TRADE AGREEMENT (“EVFTA”)
AND TRANS-PACIFIC PARTNERSHIP (“TPP”) –
BENEFITS FOR VIETNAM
• CONCLUSION
2
3. www.duanemorris.com
Vietnam 2014 Economy at a glance
• GDP: US$187.5 billion
• GDP per capita: US$2,028
• GDP Growth: 5.98 %
• Inflation: 4.09%
• Population: About 90.73
million
• Labor force aged 15 and above:
54.48 million
• Total export and import
turnover: : US$ $298 billion
• Minimum wage: VND 2.7
million (US$ 147) per month
(Jan 2015)
3
5. www.duanemorris.com
WTO analysis of liberalization of market access
Vietnam ties in first place with Singapore
• *Typical restrictions: number of opened sectors, JV
requirement, limits on foreign-owned shares, permission
requirement
5
Country Limitation of
market access*
Country Limitation of
market access*
Malaysia medium Myanmar high
Indonesia medium Cambodia medium
Philippines medium Laos medium
Singapore low India high
Thailand medium China medium
Brunei high Vietnam low
6. www.duanemorris.com
Investment environment in Vietnam
• Main governing laws: Investment Law, Enterprise Law and their
implementing documents
• Forms of doing investment in Vietnam:
– Economic entity establishment;
– Business cooperation contract: a contractual arrangement
between two or more investors without creating a legal entity
– Public-Private Partnership; a contractual agreement
between competent state authorities and investors, an
enterprise project in order to implement an investment
project;
– purchase of shares or capital contribution.
6
7. www.duanemorris.com
Investment environment in Vietnam
• Forms of enterprises in Vietnam
– Limited liability company: members are liable to the extent of their
capital contributed
– Shareholding Company: charter capital (authorized share capital) is
divided into shares and members are liable to the extent of their capital
contributed
– Partnership: established between two or more partners;
– Business Cooperation Contract: an agreement without constituting a
legal entity and each party is individually responsible for paying taxes.
– Branch: a branch of a foreign company permitted to conduct
commercial activities
– Representative Office: represents the parent company, no actual
business operations. A suitable tool for market research
7
8. www.duanemorris.com
Definition of foreign investor
• New Investment Law: Very simple definition!
Foreign investor is any foreign individual or
organization incorporated under foreign law doing
business investment activities in Vietnam
8
9. www.duanemorris.com
Foreign investors – Who are they?
• Foreign nationals and foreign corporate entities
• Foreign Invested Economic Organizations (FIEO):
those whose members or shareholders are foreign
investors
• FIEO under the M&A rules: narrower scope
(discussed in the next slide)
9
10. www.duanemorris.com
FIEO under the M&A procedures
10
A
Offshore Investor
F1
Company in
Vietnam with 51%+
ownership by A
F2
Company in
Vietnam with 51%+
ownership by F1
F3
Company in Vietnam
with 51%+
ownership by A and
F1
F1, F2 and F3 are
considered as FIEO and
subject to investment
requirements applicable
for Offshore Investor
Others: subject to
requirements applicable
for domestic investor
11. www.duanemorris.com
• Prohibited business activities:
– Trade in the narcotic substances as specified;
– Trade in the chemicals and minerals as specified;
– Trade in specimens of wild flora and fauna as specified in Appendix
1 of Convention on International Trade in Endangered Species of
Wild Fauna and Flora; specimens of rare and/or endangered species
of wild fauna and flora as specified;
– Prostitution;
– Human trafficking; trade in human tissues and body parts;
– Business pertaining to human cloning.
• Freedom to conduct business activities not prohibited by law
less risk in doing business
Prohibited business activities
11
12. www.duanemorris.com
Investment procedure
• 2 separate steps: Application for Investment Registration Certificate
(“IRC”) and Application for Enterprise Registration Certificate (“ERC”)
Step 1: IRC
– IRCs for projects required to obtain preliminary approval of the National
Assembly/ People’s Committee are issued within 05 working days upon
issuance of such approval
– For other projects, IRCs are issued within 15 days (instead of 35 days as in
the old law) upon receipt of the application dossier
• Step 2: ERC
– Submit an application dossier to the licensing authority upon issuance of
the IRC
– ERCs are issued within 03 working days upon receipt of the application
dossier
12
13. www.duanemorris.com
M&A procedures for foreign investors
• Appears to be simple!!! Only registration required, no more IRC
Satisfying the requirements for investment
Submitting application dossier
Assessment by the licensing authority and decision making after 15 days
• Subjects:
foreign investors making investment in conditional business activities
applicable for foreign investors;
F1, F2 or F3 holding 51% or more of the targeted economic enterprise as a
result of the M&A
Exclusion: Company other than F1, F2 and F3:
Registration to amend the ERC (for LLCs)
Notification of the change in foreign shareholders (for JSCs)
The change will be effected within 03 working days
13
17. www.duanemorris.com
AEC Market Snapshot – Asia’s main
investment hub
• GDP: US$2311.3 billion (2012)
• GDP per capita: US$3748.4 (2012)
• Population: 620 million, 60% under the age of 35
• AEC % of world GDP: ~3.3%
• AEC % of world population: 9%
• AEC’s merchandise exports: US$1.2 trillion - ~54% of total
ASEAN GDP and 7% of global exports
• If ASEAN were one economy, it would be the 7th largest in
the world – 4th largest by 2050 if growth trends continue
17
19. www.duanemorris.com
ASEAN Framework Agreement on Services
• Expanding WTO commitments on services
• Free flow of services in AEC: substantially no restriction on
ASEAN service providers in providing services and in establishing
companies across national borders within the region
• Modes 1 (cross-border supply) and 2 (consumption abroad): none
except for bona fide regulatory reasons
• Mode 3 (commercial presence): gradually allow 70% foreign
(ASEAN) equity participation for all service sectors
• Removal of Other Mode 3 MA Limitations by 2015
• Set Parameters of Liberalisation for Mode 3 NT, Mode 4 (presence
of natural person), and Horizontal Limitations
19
21. www.duanemorris.com
Mutual recognition arrangement
• To facilitate the free flow of professional services
• Professional service providers registered/certified in their home
countries to be equally recognized in other signatory countries
• Up to now, 8 mutual recognition arrangements on:
– Engineering services
– Nursing services
– Architectural services
– Surveying qualifications
– Accountancy services
– Medical practitioners
– Dental practitioners
– Tourism professionals
21
22. www.duanemorris.com
AEC perspectives – What does AEC have to
offer?
• Shared market, shared benefits - From TEN to ONE
• Simplified rules, greater access - Trading on a bigger stage
• ASEAN: Home for your investment – Partners in Business
• Making capital work for you – Expanding access to finance
• ASEAN professionals in the move – Best people and Best
practices
(Source: www.asean.org)
22
25. www.duanemorris.com
EVFTA – Bilateral negotiations
June 2012
October
2012
Hard work July 2015
August
2015
25
Launch of
negotiations
First round
in Hanoi
15 rounds
alternately in
Vietnam and
Brussels
Last round in
Hanoi
Agreement in
principle
26. www.duanemorris.com
EVFTA – Comprehensive agreement
• Trade in goods
Market access for goods – tariffs
Rules of Origin
Export duties
Technical Barriers to Trade (TBT)
Sanitary and Phytosanitary Measures
Customs and Trade Facilitation
Administrative Cooperation in Customs Matters
• Services and investment:
National treatment
Liberalisation commitments / market access
Investment to state dispute settlement
26
Cross-cutting issues
Dispute Settlement and Investment
Dispute Settlement
Government Procurement
State Owned Enterprises & Subsidies
Intellectual Property Rights
Geographical Indications
Trade and Sustainable Development
Cooperation and Capacity building
Annexes (car; green tech and pharma)
27. www.duanemorris.com
EVFTA – Main features
Symmetrical elimination of nearly all tariffs (over 99%)
Removal of almost all export duties and cap on remaining
ones
Services commitments going beyond GATS
Negotiations on Investment protection and disputes
settlement on-going
27
28. www.duanemorris.com
EVFTA – Tariff liberlization
• Tariff liberlization:
– 99% of tariffs both value and number of tariff lines
– After 7 years for EU
– Vietnam 10 years
• Coverage at entry into force:
– 71% of value of Vietnamese exports / 84% tariff lines
– 65% value of EU exports / 49% tariff lines
28
29. www.duanemorris.com
EVFTA – Service commitments beyond GATS
• Improvements in financial services, in particular insurance
• Securities
• Banking
• Elimination of Economic Needs Test on retail outlets in 5
years
• Improvements on maritime services including feedering for
one route
• Repositioning of empty containers
• Dredging services
• Certain air transport services
29
30. www.duanemorris.com
EVFTA – Government procurement
• Vietnam has taken over close to 90% of disciplines
or the revised Agreement of Government
Procurement (GPA rules)
• Access to public procurement markets covering
ministries, state-owned enterprises, provinces and
regions
• Vietnam will create a web portal and publish
summary or notices in English
30
31. www.duanemorris.com
EVFTA – Benefits for Vietnam
• Vietnam’s annual economic expansions rate may grow an additional 15%
every year (said Tomaso Andreatta, representative of the European Business
Association in Vietnam (EuroCham), at the Vietnam Business Forum 2014)
• Tariffs for most of Vietnamese export product to the EU will gradually
reduce to 0% and Vietnam’s export to EU is expected to grow about 35%
for next few years
• The real wages of skilled laborers may increase by up to 12% while real
salary of common workers may rise by 13%
• The EVFTA is the legal framework for a more stable relationship in bilateral
trade for Vietnam when competing in the international market
• The EVFTA will generate greater effects, e.g. increased quality of
investment flows from EU, acceleration of the process of sharing expertise
and transfer of green technology and the creation of more employment
activities
31
34. www.duanemorris.com
How is the TPP Different?
• The TPP is the most ambitious FTA: an annual gross domestic
product of nearly $28 trillion that represents roughly 40 percent of global
GDP and one-third of world trade
• The TPP is being touted as a “high-standard agreement” meaning “a
landmark, 21st-century trade agreement, setting a new standard for
global trade and incorporating next-generation issues”
• The TPP negotiations are taking place across twenty-nine chapters and
as part of a single undertaking.
• So-called "key elements" including the notion of comprehensive
market access, a fully regional agreement, cross-cutting issues
(regulatory coherence, competiveness and business facilitation, small and
medium sized enterprises, and development), new trade challenges
(particularly rules on state owned enterprises); as well as, finally, the
notion of a living agreement.34
35. www.duanemorris.com
How is the TPP Different?
TPP with 30 chapters covering:
• Competition,
• Cooperation and capacity building, cross-border services,
• Customs,
• E-commerce, Environment,
• Financial services, Government procurement,
• Intellectual property, investment, labour, Legal issues,
• Market access for goods, Rules of origin,
• Sanitary and phytosanitary standards (SPS), Technical barriers to trade
(TBT),
• Telecommunications, Temporary entry,
• Textiles and apparel, and
• Trade remedies.35
36. www.duanemorris.com
How is the TPP Different?
• In terms of international treaty commitments in areas that have thus far
eluded multilateral trade rules, the TPP seems to harbor the prospect of
a new textual template that will set the tone in both the Transatlantic
Trade and Investment Partnership currently getting started between the
EU and the US, as well as - further down the road - future trade and
investment agreements.
• These “new” areas include the following:
– Regulatory coherence,
– State-owned enterprises,
– Government procurement,
– Competition,
– Investment,
– E-commerce,
– Environment and
– Labour.
36
37. www.duanemorris.com
How is the TPP different?
• In areas that have long been part or were recently brought within
the purview of multilateral trade rules, the TPP seems to promise
more far-reaching commitments with regard to contracting parties‘
policy space and regulatory autonomy, particularly in policy areas
such as:
– Export taxes and restrictions,
– Subsidies,
– Sanitary and phytosanitary measures,
– Technical barriers to trade,
– Trade in services,
– Intellectual property rights.
37
38. www.duanemorris.com
Government procurement agreement
• 3 out of 11 TPP negotiating countries are parties to the WTO
Government Procurement Agreement (Singapore, Japan and the United
States)
• Allows all firm operating in any signatory country to be provided equal
access as domestic firms to the domestic procurement contracts (National
Treatment principle).
• The United States is the biggest trading partner of Vietnam
Vietnam enterprises operating in the United States have significant access
and equal treatment as the U.S. firms in the government procurement
process.
• TPP is a stepping stone for Vietnam to become party to the WTO GPA
increase competition, enhance the efficiency and transparency of the
government procurement system VN to attract more foreign
investment and avoid corruption.38
39. www.duanemorris.com
Investor-state dispute settlement (ISDS)
• Through binding arbitration, including for violations of the investment
and financial services chapters.
• ISDS provisions are expected to include protections commonly found in
investment agreements such as non-discrimination; fair and equitable
treatment; full protection and security; the prohibition of expropriation
that is not for public purpose, without due process, or without
compensation; the free transfer of funds related to investments; and the
freedom to appoint senior management positions regardless of
nationality.
• Expected new protections in the TPP:
– Transparency in arbitral proceedings, disclosure of filings and arbitral awards, and
participation of interested non-disputing parties to make amicus curiae submissions
to a tribunal
– Safeguards to ensure government’s ability to regulate in the public interest (public
health, safety and the environment)39
41. www.duanemorris.com
How will TPP benefit Vietnam?
• Vietnam will enjoy strong economic and trade expansion. Vietnam’s
GDP would add an additional increase of 13.6% to the baseline
scenario.
• Vietnam is expected to gain significantly from the TPP’s considerable
plans for tariff and duty reduction
• Vietnam’s export will enjoy the agreement’s great benefits when the
US and Japan are one of the biggest partners of Vietnam, especially
the garment and textiles sector
• Export to the US would increase by 13-20% a year until 2017,
fetching total export of US$25-30 billions
• The foreign businesses are planning to enter Vietnam in preparation
for a post-TPP business climate.
41
42. www.duanemorris.com
How will TPP benefit Vietnam?
• FDI inflows grow
• Improving agricultural yield: maximising yields on
existing lands and utilizing unusable / idle land by
new deployed technology
• Reducing power and waters needs that are retarding
growth and GDP plans
• More sophisticated joining of separate business
sections to integrate into new profit streams
42
45. www.duanemorris.com
TPP and AEC intersection
45
Thailand
Malaysia
Brunei
CanadaAustralia
Cambodia
Indonesia Myanmar
Peru
Philippines
Japan
Laos
Mexico New Zealand
Singapore
The United States
Vietnam
Chile
48. www.duanemorris.com
DUANE MORRIS VIETNAM LLC
Thank you very much!
HANOI OFFICE HO CHI MINH CITY OFFICE
Pacific Place, Unit V1307/08, 13th Floor, Suite 1503/04, Saigon Tower
83B Ly Thuong Kiet, Hoan Kiem District 29 Le Duan Street, District 1
Hanoi, Vietnam Ho Chi Minh City, Vietnam
Tel.: +84 4 39462200 Tel.: +84 8 3824 0240
Fax: +84 4 3946 1311 Fax: +84 8 3824 0241
Contact email:
omassmann@duanemorris.com
48