Vietnam is ready to attract investment after the pandemic

The Covid-19 pandemic is spreading strongly around the world, affecting the world economy. A number of countries, with efforts to prevent, gradually control the spread of the disease and are entering the stage of economic recovery after the epidemic, including Vietnam.

With efforts in disease prevention, since mid-April 2020, Vietnam has basically prevented the pandemic which form the basis for attracting investment and developing production. Among Southeast Asian countries, it is forecasted that Vietnam will still be the country with the highest GDP growth rate in 2020, so investing in Vietnam is an opportunity for both domestic and foreign investors to apply for investment registration, set up company and factory.

On May 9th, 2020, the Government of Vietnam proposed economic development plans and plans to attract investment in Vietnam after the pandemic. The Government has launched many measures to support businesses such as reducing corporate income tax for small and micro enterprises; exemption from agricultural land use tax; adjusting export and import tax to support the operation of enterprises. In addition, the Ministry of Finance will also study and propose to delay the deadline for holding the General Meeting of Shareholders by 3 months (until before September 30), reducing the deadline for information disclosure of treasury stocks (from 7 days to 1-2 days left); increase the credit limit for securities industry; allowing enterprises with foreign direct investment (FDI) if eligible to be listed on the stock market.

Currently, Vietnam’s prestige and position are highly appreciated by the international community for its success in the prevention of pandemics, which shows that Vietnam is a desirable destination for international investors in the situation. Besides, the spread of pandemic in many countries around the world are complicated. In addition, the Covid-19 pandemic has created new awareness in changing consumer tastes, trading with remote principles, limiting exposure, developing new online businesses based on digital economy, pharmaceutical chemicals, e-logistics, etc. this case will give international investors many market opportunities when investing in Vietnam.

In order to seize the opportunity to welcome the wave of investment in Vietnam, the Government of Vietnam has devised many plans to attract and support investment, in order to help foreign investors can shift their investment to Vietnam in this time for applying for investment registration and business registration, to set up company and factory. In the coming time, with the prevention efforts and the plan to attract investment, Vietnam is expected to be a safe destination both for the health and economy of international investors.

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Aviation and Aviation Support Service in Vietnam

Foreign investors could promote and participate in aviation and aviation related services in Vietnam through setting up representative office, setting up company, engaged in business cooperation contract or joint venture.

Civil aviation industry in Vietnam has really developed in the last 20 years. Until now, many Vietnam domestic airlines provide aviation services such as Vietnam Airline, Vietjet Air, Jetstar Pacific, etc that brings more choices to customers as well as business and investment opportunities to Vietnam and foreign investors.

The foundation of aviation and aviation support services are governed under Civil Aviation Act 2006 which was amended in 2014.

The differences of aviation and aviation support service?

Most of us are aware of aviation throughout use them for our demand to travel or transport goods. Air transport operations include two type of air transportation business and general aviation business. In detail, air transport business is the transportation of passengers, baggage, cargo and postal items by air for the purpose of profit, and general aviation business is general aviation activities. Air transport service business is conditional business activity that requires plans to ensure availability of aircraft for operations, organizational apparatus, business plans, development strategies and capital requirements. Depending on the scale of business operation of air transport enterprise, capital requirements is significant. Because of the typical elements of aviation especially air transport service, participants in the air transportation business have to sufficient financial resources as well as capacity management and administration.On the other hand, aviation support service include air navigation service business; airport service business; aviation staff training, coaching and mentoring service business; services relating to design, manufacture, maintenance, testing of aircraft, engines, propellers and equipment thereof within Vietnam and so on. Those are also the conditional business activities depending on the type of service that requires different conditions for the strategic plan, organizational structure, capital requirement or foreign ownership of the charter capital. For example aviation staff training, coaching and mentoring service business requires investor to ensure requirements concerning the facilities, equipment, components and lecturers as well as about training courses, training or coaching materials.

Opportunities of aviation and aviation support service?

As a country with over 90 million people like Vietnam along with the development of economy and the increasing of Vietnamese’s life quality, the aviation service business is growing because of demand hence aviation support service business is also developing in natural way. Vietnam has increasingly created favorable conditions for not only organizations and individuals of Vietnam but also foreign investors to cooperate and invest in civil aviation.

The aviation support services have been fairly common in the world, but not really developed in Vietnam especially services relating to design, manufacture, maintenance aircraft therefore when domestic enterprises have demand, they frequently hire service abroad. Besides, aviation staff training, coaching and mentoring service requires foreign experts. There are significant opportunities for foreign investors who have knowledge, skill and experience in this field to access and provide aviation support services to domestic and international airlines in Vietnam.

Vietnam has been investing heavily in airport infrastructures expansion preparing for growing of airlines fleets and frequency which means more opportunities for aviation and aviation related services are opening. The law in aviation and aviation related services are continuously changing. ANT Lawyers in Hanoi, Da Nang and Ho Chi Minh City continue to follow and provide update to its clients in legal aspect of aviation and aviation related services in particular and transportation in general in Vietnam for the legal understanding, compliance and business cooperation and investment purpose in regulatory and policy research, contract review, dispute in transactions or employment matters, incorporation.

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Tam Thang Industrial Zone offers a new investment destination in Quang Nam

Tam Thang Industrial Zone (IZ), one of the 05 Industrial Zones of Chu Lai Open Economic Zones, is located in Tam Ky City of Quang Nam Province, with an area of ​​197.1 ha. This IZ is considered the top investment attraction of the province for foreign investor to set up companies and manufacturing facilities in Vietnam.

Tam Thang Industrial Zone is the place which attract domestic and foreign investment of Quang Nam province. With the plan of site clearance, compensation and infrastructure construction quickly, this place is highly appreciated by many investors when investing in Vietnam. Especially, this is the first industrial zone in Vietnam with a secondary investor to build a wastewater treatment and a water recycling plant. In particular, this is the first industrial park in Vietnam to have a factory to reuse wastewater. This explains why Tam Thang Industrial Park has a special attraction to many investors, especially investors from Korea and more recently investors from Europe. With the purpose of developing the industrial park in the direction of green-clean-beauty, the investor has implemented many environmental protection policies besides attracting investment here.

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Til end of 2019, Tam Thang Industrial Zone has attracted 23 investment projects. Accounted for the majority of FDI with 18 projects, a total registered capital of about 515 million USD has poured into the implementation of more than 400 million USD. The remainder is domestic projects with a total implemented capital of VND 157 billion /VND 338.6 billion of total registered investment capital.

This Industrial Zone has housed corporations and national companies with famous brands all over the world participating as Panko (textile), Hyosung (supporting the automobile industry), OCC of Korea, Fashion Garments (Hong Kong), including German “fastidious” investors such as Amann, Wendler … There are currently 16 projects in operation, creating jobs for more than 10,000 workers with the occupancy rate of industrial parks reaching 72%.

With many of its development efforts, along with supporting businesses, approaching investors, reforming administrative procedures, quickly assisting investors in investing, recruiting workers, solving ground clearance, etc. this will help domestic and foreign investors to easily invest, bringing high economic benefits when investing in Tam Thang Industrial Zone.

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Regulation on Grid Connected Solar Power Investment Project

The Ministry of Industry and Trade has recently issued Circular 16/2017/TT-BCT on project development and the model purchase contract for solar power projects.

Accordingly, the grid connected solar power investment projects are regulated as follows:

– The investor can only set up a solar power investment project included in the provincial and national level solar-power development plan; or provincial and national power development plan that are approved.

– The contents of the solar power investment project must comply with the regulations on management of investment in construction and the following requirements:

+ Evaluate the impact of solar power project connection plan on the power system in the area.

+ Having equipment connected to the SCADA system or moderation information so that the forecast information on electricity output can be transmitted per hour to the regulated agency.

– The equity ratio of grid connected solar power projects should not less than 20% of the total investment.

– The area of long-term land use shall not exceed 1.2 ha/01 MWp.

Circular 16/2017/TT-BCT takes effect on October 26th 2017.

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Shipping and Maritime

Shipping and maritime law firm in Vietnam may represent and defend the interests of commercial ship owners and charters involving the total spectrum of maritime casualties, accidents and disputes which may arise in reference to commercial ocean shipping.

Additionally shipping and maritime lawyers of law firm in Vietnam are frequently appointed by a broad vary of domestic and international marine insurance corporations directly or through our international partner law firms in UK, US and Australia to represent and defend the interests of their insureds in reference to casualties involving each commercial and recreational vessels.

When legal proceeding arises from a maritime casualty or dispute shipping and maritime lawyers in Vietnam commit the total range of the firm’s resources and therefore the intensive litigation expertise of our attorneys to attain the most effective potential outcome for the client. The attorneys additionally counsel ship owners, charters, marine insurers and clients on risk avoidance, regulative necessities and strategic legal solutions.

An overview of the a number of the kinds of maritime claims, casualties and transactions that admiralty and maritime lawyers regularly handle are as following:

1.International Sales and Purchase of Ships (bulk, container) under Vietnamese or foreign flags including negotiation, MOA, validating legal documents on ownership, sales decision, registration, sales closing and ship delivery;

2.Casualty Defense, Investigation and Litigation

-Collisions

-Cargo damage

-Personal injury and death (seamen, longshoremen and passengers)

-Property damage

-Product liability

-Shipowner’s limitation of liability

3.Marine Liability Insurance

4.Disputes

-Bills of Lading

-Charter party disputes

-Vessel mortgage foreclosure

-Ship arrests

-Ship collisions

-Cargo claims

-Cargo detention or seizure by Vietnam Authority

-Dispute on outstanding payment

5.General Average and Salvage Claims

6.Vessel Regulatory Matters

-Regulatory compliance

-Civil fines and penalties

-Security issues

7.Maritime Contracts

-Contracts of affreightment, bills of lading and charter parties

-Drafting and advice

8.Recreational Boating

-Injuries and Property Damage

-Product Liability

-Sales and documentation

-Subrogation

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How To Determine The Child Custody in a Divorce?

Upon divorce, in addition to dispute over property division, child custody dispute is also popular. How to determine the child custody in a divorce depends on many factors and the parties are suggested to consult with dispute lawyers in Vietnam in civil matters. The following does not try to give legal advice but a brief opinions on the matters of concern for reference.

According to Vietnamese law, after a divorce, parents still have rights and obligations of looking after, caring for, raising and educating minor children or adult children losing their legal capacity or having no working capacity and no property to support themselves. The law always prioritizes agreement right of both parties. Accordingly, husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the Court shall appoint one party to directly raise the children, based on the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered. In addition, a under-36-months child shall be directly raised by the mother, unless the mother can not afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in accordance with the interests of the child.

In reality, opinion of the children is only regarded as orientation and reference for the Court to consider making decision, not as completely decisive meaning. The Court shall ba

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se on interests of the children to appoint one party to directly raise him/her, according to: living, current education of the children, occupation of the direct caretaker, accommodation condition after divorce, income, child care time… and some other elements of each party. Accordingly, the person being entitled to directly raise the children must prove themselves to provide the most favorable environment for normal development requirements of the children and have enough conditions for ensuring both economy and mental health. The person being entitled to directly raise the children must prove themselves to have enough material conditions (stable income, property, and accommodation…), mental condition (having enough time to be with the children, care for, raise them, always put the children at the forefront…) to make the children have more stable life an

d more developed than living with the other party. In addition, one of the parties can provide additional evidence to prove that the other party does not have enough material conditions and mental condition to raise the children or often has behaviors of violence, unstable income…

In case of request of a parent or individual, organization being entitled to request (Next of kin; The state management agency in charge of families; The state management agency in charge of children; The women’s union), the Court may decide to change the person directly raising a child. The change of the person directly raising a child shall be settled if there is one of the following grounds: (i) The parents agrees on change of the person directly raising a child in the interests of this child; (ii) The direct caretaker no longer has sufficient conditions to directly look after, care for, raise and educate the child. Like divorce settlement, desire of full-7-years or older child shall be considered in case of changing the person directly raising a child. Seeing that both parents fail to have sufficient conditions to directly raise a child, the Court shall decide to assign this child to a guardian.

Obligations and rights of indirect caretaker after divorce: (i) Respect the child’s right to live with the direct caretaker; (ii) Support this child; (iii) Visit and care for this child without being obstructed by any person after divorce. Direct caretaker is entitled to require the Court to restrict the right of the indirect caretaker if the latter takes advantage of his/her visit to and care for the child to prevent or adversely affect the looking after, care for, raising and education of this child.

In accordance with obligations and rights of indirect caretaker, direct caretaker also has obligations and rights toward indirect caretaker after divorce: (i) require the indirect caretaker to fulfill the obligations; (ii) require this person and family members to respect his/her right of raising the child; (iii) The direct caretaker and family members shall not prevent indirect caretaker from visiting, caring for, raising and educating this child.

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