5 LEGAL FREQUENTLY-ASKED QUESTIONS IN RELATION TO ROOFTOP SOLAR PROJECT

5 LEGAL FREQUENTLY-ASKED QUESTIONS IN RELATION TO ROOFTOP SOLAR PROJECT

See Vietnamese version of this article HERE. 1. Is a solar system of which panels are installed on the frames directly attached to the land beneath considered as a “rooftop solar system (RSS) project”? No. Article 3.5 of Decision 13/2020/QD-TTg (“Decision 13”) clearly provides that “The rooftop solar system is the solar system of which the…

COMPANY EVALUATION AND LEGAL IMPLICATIONS

COMPANY EVALUATION AND LEGAL IMPLICATIONS

In the course of rendering legal advice in respect of the investment / fund raising transaction, particular to the start-up companies (start-ups), the legal counsels regularly find themselves struggling with tricky finance/commercial terms. To a narrow extent, this article shall provide the readers with a glimpse overview analysis of several finance terms in correlation to legal…

IS A NON-CREDIT INSTITUTION ABLE TO EXTEND FACILITY?

IS A NON-CREDIT INSTITUTION ABLE TO EXTEND FACILITY?

Find the Vietnamese article HERE. This question has been recently addressed by a variety of answers returned from Google (ranging from websites of not only law firms but also accounting ones and other reputable online publications). However, from the author’s observation, the substances thereof have not thoroughly provided anoverview picture, thereby causing confusion and misunderstanding.  Article 4 of Circular 09/2015/TT-BTC (“Circular…

INVESTMENT CAPITAL AND CHARTER CAPITAL IN VIETNAMESE LEGAL REGIME

INVESTMENT CAPITAL AND CHARTER CAPITAL IN VIETNAMESE LEGAL REGIME

In the Vietnamese legal regime, investment capital and charter capital are two completely different legal terms which are often misused by the foreign investor upon their first entry into Vietnam. Such misunderstanding may lead to adverse effects on their investment and return on investment. The contents of this article are purported for foreign-invested enterprise and…

HOW WHOLESALE AND RETAIL DIFFER IN LEGAL REALM?

HOW WHOLESALE AND RETAIL DIFFER IN LEGAL REALM?

The legal question on how to identify the difference between wholesale and retail has been a vital concern for the foreign-invested company in Vietnam (FDI). In particular, on the one hand, if the business activity of an FDI is acknowledged as a wholesale activity, it shall be exempt from the requirement for business license (save for the wholesale of numerous…

TERMINATION OF INVESTMENT PROJECT MADE ON THE BASIS OF FALSE TRANSACTION

TERMINATION OF INVESTMENT PROJECT MADE ON THE BASIS OF FALSE TRANSACTION

Article 48.2(e) of the amended Law on Investment 2020 (the “2020 Investment Law”) reads:  “The investment licensing authority shall terminate the entire or a part of the investment project under the following circumstances:  […] e) The operation of investment conducted by the Investor based on the false civil transaction in accordance with the civil laws.[…]”…

RESTRICTIONS ON THE CHOICE OF LAW UNDER THE VIETNAMESE CIVIL CODE

RESTRICTIONS ON THE CHOICE OF LAW UNDER THE VIETNAMESE CIVIL CODE

The choice of law rendered to the parties in a contract involving foreign-elements has been explicitly acknowledged by the 2015 Civil Code of Vietnam. It is worth noting that the right to choose a governing law provided by the 2015 Civil Code is not unlimited but followed by a number of restrictions. See the Vietnamese…

LEGAL PROCEDURES FOR THE TRANSFER OF REAL ESTATE PROJECT

LEGAL PROCEDURES FOR THE TRANSFER OF REAL ESTATE PROJECT

The transfer of real estate projects together with the land use right has become a common practice in the real estate market of Vietnam. However, as the transfer of those projects is governed by a wide range of legislations (the 2014 Law on Investment, the 2013 Law on Land and the 2014 Law on Real…

LAND USE RIGHT: CAN FOREIGNERS OCCUPY THE LAND USE RIGHT?

LAND USE RIGHT: CAN FOREIGNERS OCCUPY THE LAND USE RIGHT?

The birth of the 2014 Law on Residential Housing has mandated the housing ownership right of foreigners in Vietnam. However, it is still questionable whether the right to own house encompasses the right to use the land on which the house was erected. The Vietnamese version of this article is available HERE. The 2014 Law…