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Official Gazette

Saturday, March 25, 2023
Tags: real estate business law
Creating a company in Vietnam: an LLC or a JSC? Creating a company in Vietnam: an LLC or a JSC?
Limited liability companies (LLCs) and joint stock companies (JSCs) remain the two forms of companies that are most commonly used in practice in Vietnam. Sometimes, the choice may be difficult for a foreign investor, especially when he/she/it wants to cooperate with a local investor to set up a new company. This article provides an overview of the legal framework relating to LLCs and JSCs and suggests some practical inputs for reflection with respect to this topic.
Central bank improves legal framework for bank guarantee Central bank improves legal framework for bank guarantee
The State Bank of Vietnam (SBV) has recently released Circular 11/2022/TT-NHNN to improve the legal framework for bank guarantee to better suit international practices and comply with Vietnam’s relevant regulations such as the Law on Real Estate Business, Law on Investment, and Civil Code.
Secured assets under Vietnams Law Secured assets under Vietnam’s Law
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.
Policy digest December 2014 Policy digest December 2014
On November 26, the National Assembly (NA) issued Resolution No. 10/2014/QH13 aiming to further improve the effectiveness of the economic restructuring through 2015.
RESOLUTION No. 103/NQ-CP OF AUGUST 29 2013: On orientations for higher efficiency of foreign direct investment attraction use and management in the coming period RESOLUTION No. 103/NQ-CP OF AUGUST 29, 2013: On orientations for higher efficiency of foreign direct investment attraction, use and management in the coming period
Administrative procedures simplified for real estate projects Administrative procedures simplified for real estate projects
The Ministry of Planning and Investment recently released a call for private investment (domestic and foreign), in addition to official development assistance and State budget support, on a list of urban infrastructure projects. The country is estimated to need an approximate USD 12 billion from now to 2020 to improve the infrastructure system in a total of 731 urban centers nationwide.
Taking out the guesswork: Making administrative procedures consistent and predictable Taking out the guesswork: Making administrative procedures consistent and predictable
With Vietnam’s accession to the WTO, its rules have become binding on Vietnamese individuals and organizations, save exceptions and reservations which Vietnam is allowed to enjoy in the capacity as a developing country with a transitional economy.
Empty lots: Dealing with the problem of ‘suspended projects Empty lots: Dealing with the problem of ‘suspended’ projects
Since taking effect in 2004, the 2003 Land Law, together with its guiding documents, has received particular public interest and attained initial positive results. State administration of land through land use planning has been enhanced, actively contributing to the rational and effective distribution and use of land resources.
Real estate transactions: Some legal and practical issues Real estate transactions: Some legal and practical issues
Developing a real estate market is a major goal for Vietnam’s economic development. With the Land Law, Housing Law and Law on Real Estate Business, the nation has a basic legal framework in place for real estate transactions, although limitations exist in current regulations. (continued from the last issue)
Real estate business: Some legal and practical issues Real estate business: Some legal and practical issues
Developing a real estate market is one of Vietnam’s goals for the economy. With the Land Law, Housing Law and Law on Real Estate Business, the nation has a basic legal framework for the real estate business, although limitations exist in current regulations.

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