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Time : 16:30 - 18:30 on October 07, 2011 At : Meeting Room Nha Trang - S&B LAW, Hanoi Topic : Experience of Foreign Investment Consultancy Chairperson: Lawyer. Tran Trung Kien, Partner.
Foreign investment cooperation in the education field is currently subject to Vietnam's WTO commitments. Accordingly, in education, Vietnam only commits to open the education market in such lines as technique, natural science and technology, business management and business science, economics, accounting, international and language training. Accordingly, foreign investors are permitted to provide services higher education and adult education in the above mentioned fields. For elementary education services (including primary school, junior high school and high school), Vietnam has not yet made any commitment on market opening for foreign investors.
According to the former Law on Foreign Investment, joint venture enterprises and wholly-foreign owned enterprise formed up in the form of limited liability companies (Article 6, Article 15 of the Law on Foreign Investment); In Article 6 Decree 101/2006/ND-CP date 21/9/2006 on re-registration, conversion and registration for renewal of Investment Certificates by foreign investment business under the Enterprise Law and the Investment Law, the joint venture enterprises and wholly - foreign owned enterprises formed up under the former Law on Foreign Investment may re-register or convert as follows:
Foreign Investment
(S&B LAW/NEWS)
Advisory of Foreign Investment in Vietnam is one of very first services provided by us. Our  team of advisory of foreign investment in Vietnam assists  numerous enterprises in doing business in Vietnam and other Asian countries in well understanding challenges of conducting investment in today’s business world. We help investors to manage risks and resolve problems effectively, providing pragmatic advices that enable them to achieve their investment ambitions. Our major areas of practice are:
For foreign investment projects capitalized at under VND 300 billion each and falling outside the list of conditional investment domains, investors shall fill in the investment registration procedures at provincial-level state agencies in charge of investment in order to be granted investment certificates. 2. An investment registration dossier shall comprise: a) Documents on contents specified in Clause 3, Article 45 of this Law; b) The report on financial capability of the investor; c) The joint-venture contract or BCC, the enterprise's charter (if any).
The operational duration of a foreign investment project shall be compatible with the requirements on operation of the project and shall not exceed 50 years. In case of necessity, the Government shall decide on the prolongation of such duration, which, however, shall not exceed 70 years. The operational duration of a project shall be written in the investment certificate. Responsibilities for formulating projects, deciding on investment and examining investment 1. Investors shall themselves decide on investment projects; take responsibility for the accuracy and truthfulness of contents of investment registration, dossiers of investment projects, and shall implementinvestment commitments already registered.
Limited Liabilities Companies established under the former Law on Foreign Investment and those under Enterprise Law can be compared as follows: identical features: a)      allocation of rights and responsibilities pro rata capital contribution: The Law on Foreign Investment (Article 6, Article 15): joint venture parties or investors marking capital contributions shall share profits and risks pro rata capital contribution (except otherwise agreed in the joint Venture Agreement or the Charter of the Enterprise).
Vneconomy.vn: On January20, 2012, Institute of Policy and Strategy for Agricultural and Rural Development (IPSARD), together with the partners, officially launched an informative channel to support agricultural and rural enterprises. In the field of legal consultancy, IPSARD collaborated with S&B Law to provide legal consulting service in reference to foreign investment, security, dispute settlement …
1. Domestic investment projects and foreign investment projects in Vietnam capitalized at VND 300 billion or more each and those on the list of conditional investment projects must go through examination procedures in order to be granted investment certificates. 2. The investment examination time limit shall not exceed 30 days after complete and valid dossiers are received; in case of necessity, this time limit may be prolonged but shall not exceed 45 days. 3. For national important projects, the National Assembly shall decide on investment undertakings and provide criteria for projects, the Government shall stipulate the order and procedures for investmentexamination and grant of investment certificates. 4. The Government shall specify the decentralization of examination and grant of investment certificates.
From within and without
(S&B LAW/NEWS)
Mr Phan Huu Thang, former Director of the Foreign Investment Agency (FIA) under the Ministry of Planning and Investment (MPI) tells what is needed to attract more investment in manufacturing and industry MPI has a plan to direct FDI flows into sectors such as high technology and support industries. Can this be easily done?

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