Quick search
CTRL+K
Quick search
CTRL+K
Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.
posted 11 months ago
Understanding these key features is essential for businesses looking to undertake merger or acquisition within Vietnam’s competitive market.
The primary legislation governing merger control in Vietnam is the 2018 Competition Law, which took effect on July 1, 2019, replacing the previous 2004 Competition Law that was in effect from July 2005 to June 2019. Two decrees have been enacted to implement the 2018 Competition Law are Decree 75/2019/ND-CP and Decree 35/2020/ND-CP.
The following forms of economic concentrations are regulated by the 2018 Competition Law:
+ Enterprises merging
+ Enterprises consolidating
+ Joint ventures
+ Enterprise acquisition
b. Joint ventures
The 2018 Competition Law provides a broad definition of a joint venture, encompassing all types of joint ventures between two or more enterprises, including “greenfield” joint ventures.
Filing is obligatory when a transaction, regardless of its location (onshore or offshore), qualifies as an economic concentration and satisfies one of the applicable filing thresholds. Even foreign-to-foreign merger must be notified in Vietnam if they fulfill the relevant conditions. The law does not provide any exceptions.
In conclusion, Vietnam’s merger control regulations encompass several key features that aim to ensure fair competition and protect the interests of both domestic and foreign investors. The mandatory filing requirement for economic concentration transactions, regardless of their location, helps regulate the impact on competition in the Vietnamese market. The involvement of the Department of Planning and Investment (DPI) in approving foreign investments and acquisitions promotes careful scrutiny of applications, taking into account national security and public interests.
For the full detail of this post, please reference on this link: http://hmlf.vn/the-key-features-of-vietnam-merger-control-regulations-in-vietnam/
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn
Email: [email protected]
Sign up for the latest advisory briefings and news within Global Advisory Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.
Naturally you can unsubscribe at any time.
Global Advisory Experts is dedicated to providing exceptional advisory services to clients around the world. With a vast network of highly skilled and experienced advisers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.
