taiwan_investment profile_lntpartners.pdf

7/25/2019 Taiwan_Investment Profile_LNTpartners.pdf

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Taiwan Investments Profile in

Vietnam

InvestmentProfile


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2 Taiwan Investments Profile in Vietnam


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Contents

Taiwan Investments Profile in Vietnam .................................................................................. 1

Foreword ......................................................................................................................................................... 4

VIETNAM ....................................................................................................................................... 5

GDP Growth ................................................................................................................................................... 6

Population ....................................................................................................................................................... 6

Key Sector Strengths .................................................................................................................................. 7

Opportunities ................................................................................................................................................. 8Overview of Key Legal Issues ................................................................................................................. 9

VIETNAM- TAIWAN RELATIONS ........................................................................................ 12

Key Taiwanese Organizations ............................................................................................................. 13

ODA and other Government Assistance .......................................................................................... 13

FDI Inflow from Taiwan ......................................................................................................................... 13

Taiwanese Companies in Vietnam..................................................................................................... 14

Key Agreements ......................................................................................................................................... 14

LNT & PARTNERS PROFILE .................................................................................................. 15

About Us ........................................................................................................................................................ 16

Our Team ...................................................................................................................................................... 16

Our Lawyers ................................................................................................................................................ 16

Our Practice Groups ................................................................................................................................. 17

Our Rankings............................................................................................................................................... 18

Our Awards .................................................................................................................................................. 19

International Cooperation .................................................................................................................... 20

Our Strategic Partners ............................................................................................................................ 21

Appendix 1 ................................................................................................................................................... 22

Appendix 2 ...................................................................................... Error! Bookmark not defined.


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Foreword

Taiwan is one of Vietnams largest investors, having contributed significant foreign

direct investment and official development assistance over the past several years.

Taiwans interest in Vietnam commenced even before Vietnam entered the WTO in

2007; and in 2006, it was already ranked first in FDI contribution (standing at 93 million

USD).

In 2013, the bilateral trade of both countries reached 970 million USD, an increase of

13.3% in comparison to the previous year and placing it as the seventh largest investor

in Vietnam. Taiwanese FDI and ODA began before Vietnams accession to WTO in 2007.

Since the economic downturn in 2008/2009, there has been a year-by-year increase in

the number of Taiwanese businesses entering the Vietnamese market. This is assisted by

the cultural ties between the two countries (including the large population of

Vietnamese people living in Taiwan reaching over 400,000).

The year-by-year increase is expected to continue well into the future as economic ties

between the two countries strengthen.

We hope this profile will give you some insight into why Taiwanese businesses are keenon expanding their operations in Vietnam and how your business will benefit from also

entering this country of opportunities.


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VIETNAM


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GDP Growth

Thanks to its strengthening export-oriented economy, Vietnams GDP has been growing

year by year, much of which has been driven by key industries such as manufacturing,

electronics and agriculture.

As the Vietnamese Government continues to implement its roadmap of liberalizing the

countrys economy, GDP growth is expected to continue to remain stable and/or

increase. Furthermore, following Vietnams much awaited entry into the Trans-Pacific

Partnership (TPP) Agreement in late 2014 or early 2015, which will effectively tear

down trade barriers with Vietnams key trading partners, GDP is expected to grow

rapidly with the anticipated increase in exports.

Population

Vietnam is home to approximately 90 million people and is one of Asias most densely

populated countries. Over 70% of the population resides in rural areas, which rely

primarily on agricultural production.

Vietnam has a young population, with working-age adults representing over 50% of the

population. The younger generation is increasingly aspiring to achieve affluent lifestyles.

And with the introduction of jobs and an increase in wages, young people have more

disposable income, creating an ideal market for new products and services.

This youthful society presents an opportunity to foreign investors, both in terms of

potential markets and also in terms of human resources. The youth of Vietnam are

better educated than their predecessors and they have the drive to achieve a higherstandard of living, which makes them an eager and diligent workforce.

Graph compiled with data taken from The World Bank


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Financial Health

The Vietnamese Government has taken efforts to curb the countrys recent high inflation

rates, which have hampered investment progress in the past several years. These efforts

have been successful and by the end of 2013, Vietnams average annual inflation rate

stood at 6.60%, the lowest it has been in 10 years. As the Government continues rollingout its fiscal policies to slash inflation, which has decreased further as of early 2014,

investor interest is expected to rise and Taiwanese businesses will benefit from the

ensuing economic growth.

The Governments efforts to achieve monetary stability have also been successful. The

exchange rate of Vietnams official currency, the Vietnamese Dong (VND), has remained

steady over the course of the past couple of years.

Investors can take comfort in that the days of instability in Vietnams economy havepassed. A testament to the countrys positive financial outlook is the year-by-year

increase in the Vietnam Stock Market (VN-Index) and the Governments continued

efforts to tackle its number of bad debts.

Key Sector Strengths

Electronics Manufacturing

Vietnams large supply of low wage workers and favorable tax incentives for the

industry have attracted a growing number of foreign companies assembling or

manufacturing electronics in the country. In 2013, computer and consumer electronics

products and components dominated Vietnams total exports.

Textiles

The country also boasts a strong textiles industry and the demand for these products is

expected to increase following entrance into the TPP Agreement. Vietnamsliberalization of business lines in this sector has led to unprecedented investor interest

to satisfy the growing demand from overseas markets. Growth is expected to jump from

12-13% to 15-20%, reaching 20 billion USD in 2017 and projected to surge to 50 billion

USD by 2025.

Agriculture

With over 70% of the population living in rural areas, exports in agriculture remain one

of Vietnams major contributors of GDP. The countrys tropical climate and uniquegeographical location have made it ideal for producing certain crops. Today, Vietnam is


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one of the worlds largest exporters of rice, cashew nuts, coffee and black pepper. Other

major exports of the country include seafood, rubber and wooden products.

Banking

While the Vietnamese banking industry has traditionally been restrictive against

prospective foreign stakeholders, the Government has recently passed new regulations

that will allow investors to acquire a larger stake in the countrys national banks. The

loosening of these restrictions is expected to drive further interest in this industry as

large infusions of capital will be needed to upgrade the systems, operations and

branches of the current commercial and retail banking system.

Logistics

The growth potential of Vietnams logistics industry has been expanding as a result of

the countrys increasing export turnover. Foreign interest in this industry has beensupported by recent figures provided by the Deputy Minister for Transport, who cited

that local logistics providers are only able to handle 20% of market demand (with the

remaining 80% being handled by foreign companies).

Tourism

For services, Vietnams tourism industry has attracted some of the largest FDI

commitments into the country. In 2012, Vietnam welcomed over 7 million visitors.

These figures, which are growing, make tourism a key growth industry driven by strongglobal and domestic demand.

Opportunities

While challenges remain in the countrys regulatory framework, Vietnam remains an

attractive destination for foreign investment not least because of the Governments

efforts to open its market to investors.

Today, almost all investment sectors in the country are open to foreign investors (many

as a result of the WTO commitments) and the rollout of further market openings is

expected to take place within the next 1-2 years. On the agenda is also Vietnams long

awaited entrance into the Trans-Pacific Partnership Agreement (TPP), the conclusion of

which is expected to considerably drive demand for commodities from the country.

It is, therefore, no surprise that in the 2014 ASEAN Business Outlook Survey by the U.S.

Chamber of Commerce, Vietnam was ranked as the second most popular ASEAN

destination for investment (after Indonesia). As a positive outlook, 85% of survey

respondents in Vietnam further expected profits to increase in 2014.


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The total amount of FDI has been increasing since 2011 and it is expected to continue in

years to come.

This positive outlook, which is driven by a stabilizing economy, a liberalization of the

market and a dynamic labor force, has placed Vietnam on the radar as an emerging

market to watch.

Overview of Key Legal Issues

Investment Process in Vietnam

In 2007, Vietnam acceded to the WTO, which expanded foreign investors access to

Vietnamese markets. Vietnams WTO commitments have drastically altered the

investment environment by largely superseding the protective legislation which was

one of the greatest challenges to doing business in Vietnam.

Since accession, according to the Ministry of Finance, wholly foreign-owned entities

have become the most common legal structure for FDI, followed by joint ventures and

then BOT, BT, BTA and BCC contract arrangements.

0

200

400

600

800

1000

1200

1400

0

2000

4000

6000

8000

10000

12000

14000

16000

18000

2008 2009 2010 2011 2012 2013

Total FDI influx into Vietnam(US$ mil.)

Total number of FDI projectsin Vietnam

FDI Trend (2008-2013)

2008 2009 2010 2011 2012 2013

Total FDI influx

into Vietnam(million USD)

15,428.9 16,345.4 12,100.9 9,914.5 7,854.1 14,272.4

Total number ofFDI projects in

Vietnam1171 839 833 919 1100 1275


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Licenses for foreign investors will be largely granted on the discretion of the ministries.

The process may take approximately anywhere from 3 months (average time for the

service sector) to 12 months (for large-scale projects needing prime ministerial

approval).

However, there has been a proposal to amend the current Law on Enterprises, which is

expected to transform Vietnam into a more investment-friendly environment for

investors. In practice, foreign investors in Vietnam are often required to obtain HS codes

and investment licenses before commencing their business activities. The proposed

amendments will remove these hurdles; instead, foreign investors will only be required

to obtain a Business Registration Certificate in the same manner as Vietnamese

companies. Moreover, the abolition of HS codes will allow businesses to engage in any

business activities (other than those otherwise specifically prohibited such as activities

in weaponry and drugs).

Restrictions

Prior to investing in Vietnam, certain requirements, such as demonstration of financial

capacity and industry experience, will generally need to be fulfilled to the satisfaction of

the authorities.

Furthermore, while investment in a vast majority of sectors in Vietnam is open

nowadays, certain sectors will demand for additional conditions to be satisfied. For

example, projects in sectors that may have an adverse environmental effect (e.g.,

manufacturing) will likely require an environmental impact assessment report.

FDI approval for special services, such as banking, insurance, finance, and securities, will

also be subject to higher scrutiny by the authorities, and satisfaction of more stringent

conditions may be needed

Taxation

There is a double tax avoidance agreement in force between Vietnam and Taiwan, which

allows tax paid in one of these countries to be offset against taxes payable in the other.

Companies are generally subject to the corporate tax rate of 22%, which is applied from

January 1st, 2014 until December 31st, 2015. From January 1st, 2016 onwards, this tax

rate will be lowered to 20%.

Investors may also be able to enjoy preferential tax rates (or even tax exemptions) if

they satisfy some of the range of eligibility requirements set out under Vietnamese law

(e.g., by operating projects in encouraged sectors).


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Legal Framework

However, Vietnamese laws are sometimes vague, ambiguous and inconsistent. This may,

at times, lead to inconsistent applications of the law by the authorities. For this reason,

we advise prospective investors to consult with the relevant authorities prior to

carrying out their investment projects if any regulatory ambiguity or inconsistency

arises.

For more information on Vietnams legal landscape pertaining to FDI, please refer to the

2014 IFLR Report by Bui Ngoc Hong, Do Huy and Nguyen Xuan Thuy at Appendix 3.


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VIETNAM

TAIWANRELATIONS


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Key Taiwanese Organizations

Three key organizations provide professional support for Taiwanese businesses

interested in investing in Vietnam:

1.

The Council of Taiwanese Chambers of Commerce in Vietnam2. Taipei Economic and Cultural Office

3. Taiwan Business Association

There is also an Embassy of Vietnam and Consulate-General of Vietnam in Taiwan.

For more information on these organizations, please refer to Appendix 1.

ODA and other Government Assistance

Taiwan has provided ODA to support a broad spectrum of areas, including in finance,

technological cooperation, talent development and humanitarian aid particularly for

agriculture, aquaculture, husbandry, health/wellbeing, commerce and industry and IT.

1959, Taiwan sent an agricultural technical mission to Saigon Vietnam. This marked the

first record of international aid from Taiwan.

After 1990, Taiwan began to provide support in not only agriculture but also technologyand engineering. Examples of such ODA work by Taiwan are highway projects, re-

lending programs for small and medium enterprises and, most recently, medical support

and technical support.

FDI Inflow from Taiwan

In the period of 1988-2000, FDIs from Taiwan reached USD 8,358 billion. Until 2006,

Taiwan was the biggest investor in Vietnam.

Since 2008, Vietnam has remained the third biggest beneficiary of FDI from Taiwan.

2008 2009 2010 2011 2012

Amount of FDI influxfrom Taiwan

(million USD)

639 243 670 458 944

Number of FDIprojects 14 16 11 17 24


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639

243

670

458

944

14 16

11

17

24

0

5

10

15

20

25

30

0

100200

300

400500

600

700

800900

1,000

2008 2009 2010 2011 2012

1millon USD

FDI inflow from Taiwan

Amount of FDI

Number of FDI

Taiwanese Companies in Vietnam

The following lists the 10 largest Taiwanese companies that have made Vietnam a

critical investment partner:

Key Agreements

1.

Double Taxation Avoidance Agreement -April 6th, 1998

The double taxation avoidance agreement in force between Vietnam and Taiwan allows

tax paid in one of these countries to be offset against taxes payable in the other.


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LNT & PARTNERSPROFILE


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About Us

LNT & PARTNERS is a leading full-service independently ranked local law firm in

Vietnam with offices in Ho Chi Minh City, Hanoi, Hong Kong (affiliate), and San

Francisco. The firm is among Vietnams most prominent, representing a wide range of

multinational and domestic clients, including Fortune Global 500 companies as well aswell-known Vietnamese listed companies on a variety of business and investment

matters.

Our Team

Our Lawyers

Mr. Hong Bui

Practice areas

Compliance

Foreign Investment

M&A

Mr. Huy Do

Practice areas

Intellectual Property

Dispute Resolution

Antitrust/ Competition

Ms. Quyen Hoang

Practice areas

Corporate

Employment & Benefits

Foreign Investment M&A

Dr. Net Le

Practice areas

Banking & Finance

M&A

Tax

Dr. Tuan Nguyen

Practice areas

Antitrust/ Competition

Bankruptcy


M&A

Dr. Vinh Nguyen

Practice areas

Dispute Resolution


Tax

Mr. Binh Tran

Practice areas

Real Estate/ Infrastructure

Dispute Resolution


Mr. Su Tran

Practice areas

Dispute Resolution

Real Estate/

Infrastructure

Banking & Finance


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Our Of Counsel and Senior Advisor

Our Practice Groups

LNT & PARTNERS has domain expertise in key legal disciplines organized into five

Practice Groups:

(i) Corporate Group: Our highly-regarded corporate team regularly handle M&A

deals, advise on complicated business licenses, guide investors with their inbound and

outbound investments, and navigate regulatory compliance issues (including in matters

of competition, labor and taxation) to deliver commercially-practical solutions to our

clients.

(ii) Dispute Resolution Group: Our award-winning dispute resolution lawyers,

which include two former judges, have represented major companies in both court and

international arbitral proceedings

(iii) Banking and Finance Group: Our banking and finance team has been at the

forefront of millions of dollars worth of financial transactions for large financial

institutions, funds, and private companies.

(iv) Intellectual Property/TMT Group: Our IP/TMT professionals have extensive

experience in advising and representing major clients in some of the most complex and

high-profile IP related matters in various industries, including, biotech pharmaceutical,

electronics and software.

(v) Real Estate and Infrastructure Group: Our real estate and infrastructure team

has been behind some of Vietnams largest development projects.

Mr. Kiyoshi HirasawaPractice areas Japan Practice Corporate, M&A

Foreign Investment

Dr. Sy Chung PhamPractice areas

Corporate Compliance Foreign Investment

M&A


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Our Rankings

PUBLICATION PRACTICE AREAS RANKING YEAR

Asia PacificLegal 500

Banking and Finance Leading Lawyers 2013 / 2012

Corporate/ M&A Leading Lawyers 2013 / 2012

Dispute Settlement Leading Lawyers 2013 / 2012

Tax Leading Lawyers 2013 / 2012

Chambers andpartners

Banking and FinanceVietnam Leading

Law Firm2013 / 2012 /2011 / 2010

Corporate/ M&AVietnam Leading

Law Firm

2013 / 2012 /2011 / 2010 /

2009

Projects, Infrastructure &Energy

Vietnam LeadingLaw Firm

2013 / 2012

InternationalFinancial LawReview (IFLR)

Banking and Finance Notable 2013 / 2012

Mergers & Acquisitions Notable 2013 / 2012

Project Finance Leading Lawyers 2012 / 2011

PLC WhichLawyer?

Recommended Law Firm 2012 / 2011


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Our Awards

Leading Law Firm 2014Asia Pacific Legal 500

Recognised Firm 2014International Financial

Law Review

Most Trusted Law Firm of the Year LawyersWorld Magazine

Vietnam Deal Firm of the Year 2014Asia Legal Business,a Thomson Reuters Company, SE Asia Awards 2014

Full Service Law Firm of the Year 2014 Vietnam

Intellectual Property Innovators of the Year Vietnam

Commitment to Cross-Border Investment Vietnam

- Acquisition International

Corporate Finance Law Firm of the Year in Vietnam

2014 Corporate Intl Magazine Global Award

ALB Award Deal Firm of the YearFinalist 2013, 2012Employer of Choice 2012 ALB 2ndposition


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International Cooperation

The Firms partners have established strong relationships with attorneys at

international law firms such as:

US Law Firms

European Law Firms

Asian Law Firms


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Our Strategic Partners

LNT & PARTNERShas developed an active presence across a broad range of industriesthrough its strategic partnerships with leading industry publications and sector groups,including:

Vietnam Investment Review

Quang Trung Software City

Colliers International Vietnam


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Appendix 1

Key Taiwanese Organizations

1.

The Council of Taiwanese Chambers of Commerce in VietnamHo Chi Minh City Office

Address: 340 Chanh Hung Street, District 8, Ho Chi Minh City

Tel: +84-8-5431-3940

Fax: +84-8-3824-3758

E-mail:[email protected]

Hanoi Office

Address: Room 1701, 17T5 Building

Hoang Dao Thuy Street, Trung Hoa Nhan Chinh Ward, HanoiTel: +84-4-6281-5577

Fax: +84-4-3845-9209


2. Taipei Economic and Cultural Office

Ho Chi Minh City Office

Address: 19thFloor, Flemington Tower

182 Le Dai Hanh Street, District 11, Ho Chi Minh CityTel: +84-8-3962-1745/1746/1747/1748/1749/1750

Fax: +84-8-3965-1577


URL: http://www.roc-taiwan.org/VN/

Hanoi Office

Address: 5thFloor, HITC Building

239 Xuan Thuy Road, Caugiay District, Hanoi

Tel: +84-4-3833-5505Fax: +84-4-3833-5508

3. Taiwan Business Association

Address: No. 1, 16A Street, Bien Hoa II Industrial Zone, Bien Hoa City, Dong Nai

Tel: +84-61-383-4840

Fax: +84-61-383-4841

mailto:[email protected]:[email protected]:[email protected]://www.roc-taiwan.org/VN/mailto:[email protected]:[email protected]://www.roc-taiwan.org/VN/mailto:[email protected]:[email protected]:[email protected]


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4. Consulate General of Vietnam in Taipei

Address: 3rdFloor, No. 65 Sung Chiang Road, Taipei

Tel: +886-2-251-66-626

Fax: +886-2-150-41-761


URL:http://www.vietnamoffice-taipei.org/en/
mailto:[email protected]://www.vietnamoffice-taipei.org/en/http://www.vietnamoffice-taipei.org/en/mailto:[email protected]


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Appendix 2

Recent Press Announcements

Taiwan to expand investment in VietnamJune 6th, 2014

http://www.vir.com.vn/news/en/hightlight/taiwan-to-expand-investment-in-vn.html

Taiwanese businesses will expand investment activities and continue with projects in

Viet Nam, said Chairwoman of the Council of the Taiwanese Chambers of Commerce to

Viet Nam Liu Mei Teh.

Ms. Liu Mei Teh was received by PM Nguyen Tan Dung on June 5 on sidelines of the mid-

term Viet Nam Business Forum 2014.

The PM told his guest that Taiwanese businesses are successful in Viet Nam, making

practical benefits for both sides.

The Vietnamese Government will continue to improve its business environment to

facilitate foreign investors' successful and long-term investment in Viet Nam, including

that of Taiwanese, the Government leader stressed.

He referred to Chinas illegal deployment of its oil rig Haiyang Shiyou - 981 in Viet

Nams exclusive economic zone and continental shelf, which has led to spontaneous

demonstrations in some provinces. Some extremists taking advantage of the events

violated law and destroyed property and estates of some foreign businesses, including

Taiwanese ones.

The Government promptly directed relevant forces to deal with the issue and set upworking groups to support each business and help them re-operate, he added.

Ms. Liu Mei Teh hailed the quick response together with synchronous measures taken

by the PM and relevant ministries and localities to stabilize the situation, ensure

security and safety and create the most possible conditions for Taiwanese businesses

operation.

She suggested the Government further support damaged businesses, especially tax

policy.

She expressed thanks to the Governments assistance, saying it will help foreignbusinesses, including Taiwanese ones, operate productively in the future.


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Taiwan group to invest US$150m in Ha NamMay 7th, 2014

http://businesstimes.com.vn/taiwan-group-invest-us150m-ha-nam/

Tai Yuen Company Ltd, an affiliate of the Yunlon Group (Taiwan), will invest US$150

million in the construction of a textile plant in the northern province of Ha Nam.

Chi Wei Kung, General Director of Tai Yuen, announced the plan at a working session

attended by provincial officials on Monday.

The director said the plant will cover about 24ha in Dong Van II Industrial Zone, Duy

Tien District, and will employ about 500 local workers. Construction will begin in

August and is expected to be completed within a year. VNS


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Taiwan a promising market for Vietnamese productsJanuary 9th, 2014

http://www.vir.com.vn/news/en/corporate/taiwan-a-promising-market-for-

vietnamese-products.html

Taiwan has become Vietnams fifth largest trading partner, according to the most recent

press release of the Ministry of Trade and Industry (MoIT)s Asia-Pacific Market

Department.

Taiwan--the fourth largest exporter to Vietnam--plays a pivotal role in shippingVietnamese products to other markets in the US, Asia and Europe, the MoIT says.

However, on the downside, the significantly lower import of Vietnamese goods into the

Taiwanese market, which is ranked 16th among Vietnams biggest importers, results in

an imbalance in trade turnover.

Over the past two decades, Vietnams Taiwanese exports included telephones and spare

parts, garments and textiles, agro-forestry-fishery products, machines, footwear,

ceramics, computers, and electronics.

The MoIT release states that with a total population of 23 million and a US$474 billionGDP, Taiwan enjoyed an annual economic growth rate of 4.8%.

Currently there are more than 200,000 Vietnamese people living in Taiwan and that will

help promote made-in-Vietnam products in the Taiwanese market.

To penetrate the Taiwanese market, the MoIT says, local exporters should pay due

attention to ensuring food hygiene and safety, increasing product quality, and grasping

up-to-date information on tariff and non-tariff policies.

Major focus should be given to product diversification, export promotion, market

expansion and market studies by organizing and participating in domestic and overseastrade fairs.

Vietnam Customs reported that Vietnamese exports to Taiwan achieved a remarkable

growth in 2013, earning nearly US$2.08 billion in the first 11 months, equivalent to the

previous years figure.

The countrys export earnings from the Taiwanese market were estimated at US$1.84

billion in 2011 and US$2.081 billion in 2012.

MoIT economists forecast Taiwan will continue to be Vietnams promising export

market in the coming years, especially for three key items telephones and spare parts,garments and textiles, and seafood.


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Vietnamese exports to Taiwan particularly timber products, footwear, porcelains, andceramics will reap higher revenue, the MoIT concludes.


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FOR MORE INFORMATION PLEASE CONTACT:

Ms. Quyen Hoang

Managing Partner

[email protected]

Ho Chi Minh City Head Office

Unit 03, Level 21, Bitexco Financial Tower

No.02 Hai Trieu Street, District 1

Ho Chi Minh City, VIETNAM

Tel: +84 8 3821 2357

Fax: +84 8 3910 3733

Hanoi OfficeUnit 08A, Level 2, International Centre

17 Ngo Quyen Street, Hoan Kiem District

Hanoi, VIETNAM

Tel: +84 4 3824 8522

Fax: +84 4 3824 8580

Mr. Huy Do

Partner

[email protected]

San Francisco Office

101 California Street

Suite 2710

San Francisco, CA 94111 USA

Tel: +1 415 633 8831

Fax: +1 415 689 6821

Hong Kong Office (affiliate)

Two International Finance Centre

Level 19, 8 Finance Street

Central, Hong Kong, CHINA

Tel: +85 2 3125 7639

Fax +85 2 3125 7629

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