Group of students from Class 4234b
Hanoi Law University[1]
Over the past years, the law on secured transactions and secured transaction registration has gradually become complete, meeting the requirements of the real socio-economic life in Vietnam and the process of global economic integration. There is no doubt about the important role of secured transactions in credit growth and economic development. One key important element of secured transactions is collateral (secured assets). Both parties (the securing party and secured creditor) should pay close attention to determination of assets used as collateral when entering into a contract. However, the current legal framework applicable to collateral remains controversial.

Bui Duc Giang
Attorney at law and PhD in law
Guarantees are personal security recognized by the general law of security. The security is used both in the context of corporate financing and retail banking. Civil Code 91/2015/QH13 dated November 24, 2015 (the Civil Code) creates the general law for this security interest of which this article tries to provide an overview.

The guiding text of the 2019 Law on Tax Administration has recently been issued by the Government with a series of new provisions designed to create convenience for taxpayers and reduce tax-related compliance costs while increasing the effectiveness of tax administration activities.

On June 18, 2020, the National Assembly of Vietnam passed the long awaited Law on Public-Private Partnership (PPP Law) which establishes an umbrella legal framework for all PPP projects and aims to attract more private investment to the development of Vietnam’s infrastructure. This article looks at some of the key changes under the Law, some positive and some less so, with respect to making the PPP framework more appealing to private sector developers, investors and lenders.

Under the Amended National Power Development Plan for the Period from 2011 to 2020, with a vision toward 2030, it is expected that renewable energy will account for 10.7 percent of the total power capacity of 572 billion kWh by 2030. The Government’s outlook requires a high demand for capital, including loan capital. In this regard, the project finance should play a significant role in meeting that expectation. Generally, the lenders will expect perfected security interests over all of the property and assets of the project company. This article discusses notable issues in taking security over the immoveable assets of renewable energy projects.

The National Assembly of Vietnam passed a new Law on Investment on June 17, 2020, which will become effective on January 1, 2021 (LOI 2020) and replace the 2014 Law on Investment (LOI 2014). In this post, we briefly discuss some new key points of the LOI 2020.

The deduction limit of enterprises’ total loan interest expenses will be increased to 30 percent from the current 20 percent of earnings before interest, tax, depreciation and amortization (EBITDA).

The Hague Agreement Concerning the International Registration of Industrial Designs (the Geneva Act of July 2, 1999 – “1999 Act”) officially entered in force in Vietnam on January 1, 2020. Applicants can now seek design protection in Vietnam by filing international design applications through the Hague System.

On March 24, the Government passed Decree 35/2020/ND-CP (Decree 35) guiding the implementation of a number of articles of the 2018 Competition Law (the 2018 Law) with several noteworthy contents.

In lending practice, leasing out a charged asset is common practice for the chargor to exploit the value of such asset. There are still loopholes and drawbacks in the legal framework governing the relationship between the lessee and the chargee of an asset. For this reason, there are many risks facing banks as chargees.