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The 2005 Corporate Law did have regulations on the change of state-owned enterprises to one-member limited company. Why must there be the change? What is the roadmap for the change? Are there any latest relevant documents?

Answer:
The 2005 Corporate Law regulated that all state-owned enterprises, during the 4-year period from the law’s effective day (1/7/2006), had to change into limited and joint-stock companies. This is because under the regulations of the 2005 Corporate Law, when the new law replaced the old one and the 4 year period was over; all the unchanged enterprises would not have the legal base as state-owned enterprises to continue operation. The changing roadmap would depend upon the proposals of organizing and renewing state-owned enterprises and on the changing spirit of the Corporate Law in order to determine specific roadmap for each business.


Ask:
Given the new laws’ spirit, state governance and policies on enterprises of all economic sectors can be considered equal. But I still find the discrimination between foreign invested enterprises & local ones, though this is inevitable. Hence, I would like to know more about the state governance on both two kinds of enterprises. Thank you

Answer:
State management on all investment forms must be based on the spirit of National Assembly’s passing the united Corporate Law - Investment Law and the 10th meeting resolution’s determination of the investment environment deregulation in order to further lure domestic & international investments and implement international commitments once obtaining a full WTO member; however, a roadmap to create a business equality under international commitments does still exist between local and foreign invested enterprises. Therefore, state management has to fulfill this roadmap. We also hope that state management would meet expectation of all investors.


Ask:
Could the working group please let me know that under the newly passed regulations, especially the Regulation 108, how is the administrative reform aimed at luring foreign investments processed? What is the role of the Ministry of Planning and Investment when localities have got the decisions to approve investment projects? Thank you.

Answer:
Under the new regulations, the Ministry of Planning and Investment will not directly grant investment licenses. Instead, this will be done by the People’s Committees at the localities, the Management Board of the Industrial and Export-processing zones. The Ministry of Planning and Investment will concentrate on well doing the function of state management as in other market economy countries, such as building laws and policies, investigating the policy implementation, promoting the investments, etc.


Ask:
Given the new laws’ spirit, state governance and policies on enterprises of all economic sectors can be considered equal. But I still find the discrimination between foreign invested enterprises & local ones, though this is inevitable. Hence, I would like to know more about the state governance on both two kinds of enterprises. Thank you

Answer:
State management on all investment forms must be based on the spirit of National Assembly’s passing the united Corporate Law - Investment Law and the 10th meeting resolution’s determination of the investment environment deregulation in order to further lure domestic & international investments and implement international commitments once obtaining a full WTO member; however, a roadmap to create a business equality under international commitments does still exist between local and foreign invested enterprises. Therefore, state management has to fulfill this roadmap. We also hope that state management would meet expectation of all investors.


Ask:
Hello - I am working on a research report and am trying to find historical FDI data for the last 5 years. I am specifically interested in finding real estate FDI as a proportion of total - would you be able to send that to me? Thanks so much! -Rob

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How to renewal the representative office licence? The Head office is located in Hong Kong.

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Dear Sirs,Good morning, our company intend to expand our recruitment business to Vietnam. We are the top 10 employment agency in Singapore and our business is to assist our client as well as candidate to match for the job which is most suitable for them. So we would like to know any restriction in our business sector to get the employment agency license? can we operating 100% foreign-owned companies in Vietnam?

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I work for a global company based in Ohio. We make electronics. We are considering opening a manufacturing facility in Vietnam. My first task is to prepare a financial model of the costs of doing business in Vietnam. I am struggling to find any detailed information. My intial requests are simple - 1. hourly labor rates for unskilled and 2. semi-skilled people. 3. Any employee benefit or employee tax obligation. 4. monthly salaries for various office positions - such as Finance Manager, General Manager, Buyer, etc. 5. costs for rent, utilities 6. all other basic costs. Any guidance would be appreciated. Thank you. Regards, Ken Hay

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Dear Sir, I am doing trading business in Hong Kong and would like to set up a trading company in Hanoi for trading business, i.e. import products into Vietnam and distribute the same in Vietnam. Is there any restriction on the setting up of the trading company in Vietnam? Thanks for the answer.

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