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Official Gazette

Saturday, May 25, 2019
Toward a new circular regulating intermediary organizations in Vietnams science and technology market Toward a new circular regulating intermediary organizations in Vietnam’s science and technology market
A draft circular replacing Circular 16/2014/TT-BKHCN dated June 13, 2014, of the Minister of Science and Technology, will be finalized very soon. This new circular stipulates favorable conditions for the establishment and operation of intermediary organizations in Vietnam’s science and technology market in the coming time.
Tasks ahead for new-generation FDI in Vietnam Tasks ahead for new-generation FDI in Vietnam
Phan Huu Thang, Vice Chairman of Vietnam’s Association of Foreign-Invested Enterprises, told Vietnam Investment Review that hi-tech processing and manufacture, smart agriculture, healthcare, education and training, and renewable energy will be the hottest sectors for FDI in the coming months and years.
Asia-Pacific moving towards ratification of the Treaty on the Prohibition of Nuclear Weapons Asia-Pacific moving towards ratification of the Treaty on the Prohibition of Nuclear Weapons
The new Treaty on Prohibition of Nuclear Weapons opened for signature on September 20, 2017, and will enter into force in 90 days after getting 50 instruments of ratification. After one year, 19 ratification instruments were deposited, near one third of them from Asia-Pacific countries (including Thailand, Palau, Vietnam, New Zealand, Cook Island and Samoa). This fact shows that Asia-Pacific is in the forward position to totally eliminate nuclear weapons in the world for the peace, security and human being. How to move forward the process of ratification of the TPNW? It’s is a big question before the International Committee of the Red Cross, other organizations and civil society to build a strategy to assist governments in achieving the final goal.
Is it better to arbitrate in Vietnam or to arbitrate abroad? Is it better to arbitrate in Vietnam or to arbitrate abroad?
Three types of dispute qualify for arbitration in Vietnam. Firstly, disputes involving “commercial activity” can be arbitrated. Commercial activity is any “activity with a profit-making purpose comprising the purchase and sale of goods, provision of services, investment, commercial enhancement, and other activities for profit-making purposes.” Secondly, arbitration is allowed if one party to the contract is engaged in a commercial activity, say, a vendor in a dispute with a customer. Finally, the law requires that some disputes be settled by arbitration. Disputes that are specifically stipulated by law also qualify for arbitration. For example, contracts that relate to investments under the 2014 Law on Investment, qualify for arbitration. Arbitration is not a general right. Use of arbitration is subject to agreement. That is, the parties have to agree to arbitrate. Agreement to arbitrate can be made in any written form. The agreement may be part of an underlying agreement that is itself in dispute or it may be a separate agreement to arbitrate. Any modification, extension, termination, or invalidity of the contract will not affect the arbitration clause. This follows the separability doctrine of the New York Convention.
Toward a more effective financial disclosure system in Vietnam: a discussion on the draft revised Law on Anti-Corruption Toward a more effective financial disclosure system in Vietnam: a discussion on the draft revised Law on Anti-Corruption
While an effective financial disclosure system requiring politicians and public officials to report on their assets and incomes can help detect and prevent corrupt practices, it can also help build public confidence and trust in the integrity of politicians and the public service.
Arbitral ruling in South China Sea will have long-term impacts: expert Arbitral ruling in South China Sea will have long-term impacts: expert
Two years ago, the United Nations delivered a historic verdict in the South China Sea territorial dispute between the Philippines and China, rendering China’s extensive claims over most of the sea baseless. Dr. Ha Anh Tuan, Director of the Center for Policy Analysis under the Institute for South China Sea Studies, writes to Vietnam News Agency on the legal implications of this ruling and its role in the path toward a final resolution.
Continuous line map - new wine in old bottles “Continuous line” map - new wine in old bottles
The story of the “nine-dash line”, the so-called China’s claim in the South China Sea, or the East Sea as it is called in Vietnam, seems to have sunk into the past after the award of the Arbitral Tribunal in the Philippines case against China in 2016. In this ruling, the Tribunal rejected the so-called “historic rights” of China in the waters within the “nine-dash line”. The idea is that the “nine-dash line” no longer exists after the ruling of the Arbitral Tribunal, but recently, the international press is stirred about the “nine-dash line” but under a new shape.
Laws and law enforcement on bribery of foreign public officials: international practices and applications for Vietnam Laws and law enforcement on bribery of foreign public officials: international practices and applications for Vietnam
Vietnam has increasingly been taking part in economic integration and globalization. In such a context, there is an emerging trend of investment by domestic investors in other countries, which may create risks of bribery of foreign public officials or international organizations to obtain commercial advantages in international investments.
Recognition and enforcement of foreign arbitral awards in Vietnam: law and practice Recognition and enforcement of foreign arbitral awards in Vietnam: law and practice
Settlement of commercial disputes through arbitration is an international practice that is applied by many countries worldwide thanks to its flexibility and efficiency. The recognition and enforcement of foreign arbitral awards help enforce arbitral awards and avoid double trial of the same case.
IPR protection and enforcement in Vietnam is not as strong as it should be IPR protection and enforcement in Vietnam is not as strong as it should be
This year, the American Chamber of Commerce celebrates 24 years serving as the “Voice of American Business” in Vietnam and our members remain committed to helping improve business conditions in order to strengthen the private sector and promote economic and social development here.

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