In international trade, an attractive selling price and a substantial order do not necessarily translate into a successful transaction if the exporter cannot collect payment on time. The choice of payment method determines not only when payment is received, but also how the parties allocate risk, how goods and shipping documents are controlled, how much […]
On 9 October 2026, the Government issued Decree No. 384/2026/ND-CP on determining Vietnamese origin for goods produced and circulated domestically (the “Decree 384”). Decree 384 will take effect on 1 January 2027. Decree 384 establishes criteria for determining whether goods qualify as Vietnamese-origin goods, including wholly obtained or produced goods and non-wholly obtained goods. It […]
1. Introduction: Winning an International Arbitration Does Not Guarantee Recovery of Assets in Vietnam For foreign businesses with counterparties, assets or commercial operations in Vietnam, international arbitration is often chosen as a neutral dispute resolution mechanism capable of facilitating cross-border enforcement. However, even after obtaining a favourable award from an international arbitral institution, the successful […]
1. Overview: Commercial Disputes Often Begin with Operational Issues Contracts for the sale of goods underpin a wide range of business activities in Vietnam, from the supply of raw materials, machinery and components to manufacturing, distribution and retail operations. Despite the existence of a signed contract and an established commercial relationship, disputes may arise from […]
In mergers and acquisitions (M&A) involving Vietnamese enterprises, foreign ownership is not merely a matter of shareholder structure. For enterprises engaged in goods trading and activities directly related to goods trading, changes in the investor profile or foreign ownership ratio may also affect investment registration, Business License requirements and Retail Establishment License requirements. Decree No. […]
Vietnam’s legal framework governing the purchase and sale of goods through commodity exchanges is being developed with a focus on transparency, supervisory capacity, system security and international integration. Decree No. 302/2026/ND-CP provides detailed regulations and measures for implementing certain provisions of the Law on Commerce concerning trading in goods through commodity exchanges. It took effect […]
Under the legal framework on recovery and bankruptcy, the treatment of financial contracts incorporating netting and settlement mechanisms presents specific legal considerations, as such transactions may simultaneously involve payment obligations, collateral and the determination of net asset values between the parties. Decree No.318/2026/ND-CP of the Government establishes specific exceptions for interest rate derivative contracts containing […]
On 23 September 2026, the Government issued Decree No. 365/2026/ND-CP on rice export and import business (“Decree 365”). Decree 365 takes effect from 1 October 2026 and replaces Decree No. 107/2018/ND-CP dated 15 August 2018, as amended and supplemented by Decree No. 01/2025/ND-CP dated 1 January 2025. It also repeals Article 72.2 of Decree No. […]
BFSC’s October 2026 Legal Bulletin summarizes legal instruments promulgated or authenticated in September 2026, focusing on areas of law directly relevant to investment, business operations and corporate governance. The legal developments recorded in September 2026 reflect continued regulatory refinement in a number of important areas, particularly trade and foreign investment, bidding, banking and credit, securities […]
In compliance with its commitments under the World Trade Organization (“WTO”) concerning trade remedy measures, the Standing Committee of the National Assembly of Vietnam promulgated: (i) Ordinance No. 42/2002/PL-UBTVQH10 on Safeguards in the Importation of Foreign Goods into Vietnam; (ii) Ordinance No. 20/2004/PL-UBTVQH11 on Anti-Dumping of Goods Imported into Vietnam; and (iii) Ordinance No. 22/2004/PL-UBTVQH11 […]
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