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Vietnam: New Decree for Purpose of Enhancing Regulations on E Commerce Service Providers

Although the e-commerce market has grown rapidly in Vietnam due to, among other factors, the COVID-19 pandemic, Decree No. 52/2013/ND-CP (Decree 52) on e-commerce, which is the key conventional legislation, has proven to be insufficient and unclear in terms of regulations applicable to foreign e-commerce service providers that do not have a presence in Vietnam. In response to this, on September 25, 2021, the Ministry of Industry and Trade of Vietnam (the MOIT) enacted Decree No. 85/2021/ND-CP, which amends and supplements some of the regulations of Decree 52 (New Amending Decree). The New Amending Decree came into effect on 1 January 2022. The main amendments of the New Amending Decree that are noticeable to foreign investors are as follows, and...To read the full article, please see the PDF file

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Asia Newsletter (January 20, 2022) (1.19 MB / 5 pages) Download PDF [1.19 MB]

Authors

大矢 和秀

Kazuhide OHYA

  • Partner
  • Tokyo Hanoi / Ho Chi Minh City

Stationed in Singapore in 2010 and in Vietnam since 2013, and supported foreign investors in their investments and business development in South East Asia. Provided legal advice on various projects including the following: • M&A deals • infrastructure development projects including smart city, road, and railway • natural resources and energy projects including renewable energy projects • real-estate development projects including residential housing, commercial/logistics, offices, hospitality properties, complex buildings Kazuhide has also advised foreign invested companies in South East Asia in various areas, such as labor, trade, information security, digital regulations, crisis management, and compliance.

村田 知信

Since 2010, he has been continuously handling transactions, disputes, and regulatory matters related to IT technology and the IT industry, intellectual property matters including measures against counterfeit products, and data protection matters concerning personal data and trade secrets. He also has abundant knowledge on cybersecurity practices and is registered as a registered information security specialist (national qualification in Japan). After studying in the U.S. and the U.K., he moved to Vietnam and then Thailand. Since then, he has been involved in the above-mentioned matters not only in Japan but also in Vietnam, Thailand, Singapore, Indonesia, and other Southeast Asian countries. While there are few Japanese lawyers in Southeast Asia who specialize in the above-mentioned matters, he supports international companies by utilizing both his abundant knowledge and practical experience in the above-mentioned matters and his local experience and network in Southeast Asia.

グエン・トゥアン・アン

NGUYEN Tuan Anh

  • Counsel
  • Hanoi / Ho Chi Minh City

Tuan Anh joined our firm in August 2015 after spending approximately seven years practicing law at local firms, which included one of the first-tier local law firms in Vietnam. Through his extensive expertise in compliance-related matters, e-commerce platforms and operation, and corporate crisis management, he provides his clients and Japanese attorneys with tailored legal services in those practice areas in Vietnam. His legal advice, solutions, and recommendations are always appreciated by his Japanese colleagues in our firm’s Vietnam practice group due to their reliability, practicality, and appropriateness. Apart from providing legal advice to clients, he also has lectured clients’ employees on anti-corruption and compliance matters, labor regulations, and personal data protection laws. Furthermore, he is often asked to assist the JCCI in Vietnam in providing comments on key drafts of laws and decrees (e.g., investment and enterprise laws, as well as guiding decrees related thereto) promulgated by the governmental bodies of Vietnam.