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Official Gazette

Sunday, July 25, 2021
Applicable law for service contracts involving foreign elements under Vietnams law Applicable law for service contracts involving foreign elements under Vietnam’s law
The number of service contracts involving foreign elements has kept increasing in Vietnam. However, it remains hard to determine the law applicable to this kind of contract. This article focuses on issues related to the determination of the applicable law for service contracts involving foreign elements and proposes solutions for improving relevant regulations.
Conflict between the lessee of an asset and the holder of a security over such asset Conflict between the lessee of an asset and the holder of a security over such asset
Leasing out a charged asset is common practice for the chargor to exploit the value of such asset. New rules on secured lending have tried to complete the applicable regime. However, those rules still leave something to be desired. This article examines those rules as well as their drawbacks with a practical viewpoint and application.
ST25 Case Study: What can business owners learn from ST25 to select a good trademark? ST25 Case Study: What can business owners learn from ST25 to select a good trademark?
The ST25 sign lodged for trademark protection by a number of companies in the USA and Australia has been discussed recently. While the National Office of Intellectual Property of Vietnam affirmed that ST25 is a common name for rice, it cannot be protected as a trademark. What should business owners pay attention to select a trademark which meets the requirements under the Law of Intellectual Property (IP) of Vietnam and other countries?
Gov. enacts new policies on construction investment project management Gov. enacts new policies on construction investment project management
From March 3, owners of construction investment projects must work out technical and managerial solutions for ensuring efficient energy use, resource conservation and environmental protection.
Tax deadline should be delayed for businesses says ministry Tax deadline should be delayed for businesses, says ministry
Businesses may have several additional months before they have to pay income tax and land-use fees, per a proposal from the Ministry of Finance to the Government.
Secured assets under Vietnams Law Secured assets under Vietnam’s Law
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.
General law of guarantees General law of guarantees
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.
New regulations on tax administration New regulations on tax administration
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.
New Law on Public-Private Partnership in Vietnam New Law on Public-Private Partnership in Vietnam
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.
Taking security over immoveable assets in renewable energy projects Taking security over immoveable assets in renewable energy projects
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.

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