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Legal Framework
Taxation

Before 1999, Vietnamese laws on tax still provided discriminination among state owned economic entities with other economic entities. However, current trends of highly developed economy require the state to respect and implement anti-discrimination policies. Current laws and policies on tax provide equality among economic entities as well as among domestic and foreign investors. Especially many tax policies demonstrate preferences in order to attract more investment by the government of Vietnam.

Technology Transfer

The state of Vietnam encourages technology development and transfer. All organisations, individuals as technology property owners or authorised by the technology owners in technology transfer shall be encouraged to technology transfer and entitled to capital contribution in technology in investment projects in Vietnam. Vietnam has been active in investing in basic infrastructure for technology market, providing information of, disseminating, demonstrating and introducing technology; and participating in exhibitions in country and abroad.

Land

In Vietnam, land is public property which the state executes rights of public ownership representative and land management. Land management is decentralized with different levels. The National Assembly issues laws and other legal documents on land, land planning, land utilization plan for the whole country; while the Government has rights to make decisions on land plan, land utilization at provincial or municipal levels and decisions on national land management; and the People’s  committee  at various levels execute their rights of being the state’s representative for land ownership and utilization at local level; the Ministry of Environment and Natural Resources with support from provincial departments of environment and natural resources and other related management agencies of environment and natural resources implement the regular state management work relating to land.

Labour
 Recruitment

 

Enterprises with foreign capital are entitled to directly recruit Vietnamese workers or recruit through a human resource service. They are requested to send a list of recruited workers to the local government labor management agency. For any work requiring high technology or techniques which Vietnamese workers can not meet requirements, enterprises are allowed to recruit a proportion of foreign workers or staff for a definite term contract; however they need to develop a plan for training Vietnamese workers so Vietnamese workers can then take these kinds of work and replace foreign workers as regulated by the Government.

Intellecture Properties
 

Currently, legislative system on intellectual property of Vietnam (Civil Law and Intellectual Property Law) is quite comprehensive, gradually moving towards principles and regulations of WTO and WIPO etc. Regarding international commitments, Vietnam is a member ratified to important declarations such as Paris convention, Madrid Treaty, Madrid Protocol of international registration for brand names of products or goods, Patent cooperation agreement, Berne convention on copy rights and especially Trips Agreement. Additionally multilateral and bilateral international treaties relating to court appeal, trial, arbitration, execution of court, decisions and legal cooperation made between Vietnam and other countries are fundamental documents and principles for executing rights to intellectual properties in Vietnam.

Foreign Trade - Customs
International Trade

 

Policies of the Vietnamese government on the international trade have been positively changed over the past 10 years. Vietnam always increases bilateral cooperation, particularly the Vietnam-US Agreement on Trade, participation to the ASEAN, APEC and integration into AFTA and Vietnam‘s participation to WTO at the end of 2007.

Environment

The 2005 law on environmental protection requires adjustments to activities relating to environment. The Government passes the national environmental standards and adjusts it every 5 years or sooner. The national environmental standards include standards on quality of surrounding environments and standards of wastes applied to all individuals or enterprises.

Banking
 

Vietnamese banking and credit system consists of Central Bank – also referred as Vietnam State Bank and other banks. The Vietnam state bank executes the state management role relating to currency and banking activities. It issues money and deals with monetary associated services for the government as roles of the state banking management agency as well as the central bank. Financial institutions include banks and non-banking institutions implement their roles in capital mobilisation, credits, payment and fund activities and other financial businesses. Apart from banking systems, there are non-credit institutions in Vietnam. These institutions (including credit and non-credit) shall be entitled to operations only when meeting all legal requirements and having certificate of establishment and operation granted by the Vietnam state bank.

Competition

Vietnam Law on Competition is effective since July 1st 2005. Compared to other countries, the issuance of this law late, however the law covers some progressive regulations, especially modifications relating to behaviors and actions by the state owned enterprises which are not yet regulated by other countries. The competition Law has created a fair ground for all types of enterprises, provided legal foundations for a fair competition environment. Vietnam Competition Administration Department and Vietnam Competition Council (VCC) is the direct state management agencies relating to competition activities.

Conflict resolution

Any dispute relating to investment activities in Vietnam shall be resolved through negotiation and conciliation, or shall be referred to arbitration or to a court in accordance with law in case it could be resolved through negotiation and reconciliation.

   
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