News and developments

Press Releases

VILAF Advised SCG Packaging on the Strategic Buy-out of Duy Tan Plastics

VILAF warmly congratulates SCG Packaging Public Company Limited (SCG Packaging), a subsidiary of Siam Cement Group, on the successful acquisition of the remaining 30% shares in Duy Tan Plastics Manufacturing Corporation (Duy Tan Plastics), making SCG Packaging the sole shareholder of Vietnam’s leading manufacturer of rigid plastic packaging products.  The transaction was made at USD108.6 million. SCG Packaging previously acquired 70% of the shares of Duy Tan Plastics in 2021. The strategic buy-out underscores SCG Packaging’s continued commitment to strengthening its presence in Vietnam – a market recognized for its dynamic economic growth and increasing appeal as a regional hub for foreign investment. VILAF Partners Ngoc Luong Trinh and Hien Tran led the legal advisory for SCG Packaging in this buy-out transaction, with key support from Senior Associate Hanh Vo, Associates Truc Ta, Nguyen Dang, and Hoang Nguyen. Related article: Thailand’s SCG Packaging becomes sole owner of Vietnam’s leading plastics firm Duy Tan
02 July 2025
Press Releases

VILAF Advised AFD in the €67 Million Loan Agreement to EVNNPT Vietnam’s First JETP Funding

VILAF extends our congratulations to the Agence Française de Développement (AFD) and the National Power Transmission Corporation (EVNNPT) on the signing of the €67 million (approximately USD75 million) loan agreement for the funding of the expansion and modernisation of power transmission grids in Vietnam. The official signing ceremony was held last week, during the official visit of French President Emmanuel Macron to Vietnam. The loan will support the development of the construction of two new 500kV substations and associated transmission lines in Binh Duong and Dong Nai provinces.  This marks the first international funding Vietnam has received through the Just Energy Transition Partnership (JETP), which was established in 2022 to support emerging economies to achieve their climate, green transition and sustainable development goals. VILAF’s Partner Tung Nguyen and Associate Chau Nguyen are advising AFD in this transaction. Related article: EVNNPT and AFD sign agreement to expand and modernize the power transmission grid
02 July 2025
Press Releases

VILAF Advised HSBC and Other Lenders in the VND3,750 Billion Green Club Loan Facility to Finance the Development of Gamuda Land’s Eaton Park

VILAF is pleased to congratulate HSBC Vietnam, Mizuho Bank, Sumitomo Mitsui Banking Corporation (SMBC), UOB Vietnam, and Gamuda Land on the successful financial close of the VND3,750 billion (USD 144.4 million) green club loan facility extended to Tam Luc Real Estate Corporation, a subsidiary of Gamuda Land. The five-year loan facility will finance the development of Eaton Park, a landmark green residential project in Ho Chi Minh City.  Eaton Park is a premium residential complex located in District 2, spanning 3.75 hectares with a planned 2,000 apartments. The project has achieved the prestigious EDGE green building certification from the International Finance Corporation (IFC), underscoring its commitment to sustainable and energy-efficient design. VILAF acted as legal counsel to HSBC Vietnam in its roles as facility agent, coordinating arranger, joint mandated lead arranger, and joint green coordinator, and to the other club lenders participating in the transaction. The VILAF team advising this transaction was led by Partner Duyen Ha Vo, alongside Partner Tung Nguyen, Counsel Hanh Hien Nguyen, and Associates Nhi Nguyen and Mai Phan.
02 July 2025

Expiry of Land-Use Projects with a Term of 50 Years or Less?

With more than 35 years of foreign investments in Vietnam, various land-use projects, particularly those with less than 50-year term, are approaching expiry. With the new land law and investment law, it is crucial for the investors to understand the regulations on the adjustment/extension of the project operation duration and proactively manage and plan for adjustment/extension application process or even to liquidate the project. Operation duration of investment projects using land According to law, (i) the operation duration of an investment project in an economic zone must not exceed 70 years and (ii) the operation duration of an investment project outside an economic zone must not exceed 50 years, unless such investment project is located in a geographical area meeting with difficult socio-economic conditions or in a geographical area meeting extremely difficult socio-economic conditions or has a large investment capital amount but capital recovery is slow, the operation duration may be longer, but must not exceed 70 years. Both the Law on Investment 2020 and the Land Law 2024 unify the provisions on limitation of the project’s operation duration/land-use term for a project using land. In principle, the land-use term of a project using land will be determined based on the project’s operation term of such project. Amendments to the operation duration of land-use projects with less than 50-year term Legally speaking, an investor of a project using land is vested with the rights to adjust or extend the project’s operation duration, provided that the limitation of the project’s operation duration/land-use term for a project using land is ensured. Adjust the operation duration According to Article 27.2 of Decree 31/2021/ND-CP, an investor may apply to the authority for adjusting (whether increasing or reducing) its project term at any time during the term. Based on the objectives, size, location, and operation requirements of the investment project, an authority competent to approve investment policy and investment registration authority shall consider and decide whether to adjust the operation duration of the project or not. After approval is issued, the investor will apply to the land authority for a corresponding adjustment of the land-use term. Extend the operation duration Article 44.4 of the Law on Investment 2020 provides that: “Upon the expiration of an investment project’s operation duration, if the investor wishes to continue implementing the investment project and satisfies conditions as specified by laws, the project’s operation duration may be considered for extension, but must not exceed the maximum duration specified in Article 44.1 or 44.2 of the Law on Investment, except: (a) Investment projects using outdated technologies, potentially causing environmental pollution or being resource-intensive; (b) Investment projects in the cases where the investors are required to transfer assets to the Vietnamese State or Vietnamese partner without compensation.” The phase “Upon the expiration of an investment project’s operation duration” in Article 44.4 of the Law on Investment 2020 may be interpreted that the extension right is likely vested to an investor having an investment project whose operation duration are nearing expiration. On the other hand, Article 55.3 of Decree 31/2021/ND-CP provides that: “For a land-using investment project, the investor shall carry out procedures for extension of operation duration of the investment project according to Article 55.2 at least 06 months before the expiration of the project’s operation duration.” This provision only sets out the minimum time limit for extension procedures but there is no explicit time limitation when the investor may apply for extension procedures. On a practical note, the timeline for obtaining approval for project operation duration extension may be very time-consuming, and the investor must obtain such approval before the deadline of submission of application dossier for extension of land-use term. Specifically, Article 172.3 of the Land Law 2024 provides that: “The extension of land use term shall be carried out in the last year of the term…land users wishing to extend the land use term shall submit dossiers of request for extension of land use term at least 6 months before the land use term expires”. Based on the above, it appears that the investor may apply for an extension of the project's operational duration approximately 2 to 3 years before its expiry, without needing to wait until the project is close to expiration. For example, Mercedes-Benz Vietnam Co., Ltd. (MBV) has implemented Mercedes-Benz Automobile Assembly Plant Project since 1995 and the project completion date is on 14 April 2025. In September 2021 (around 03 years before the expiry date of the project’s operation duration), MBV initiated the extension process. It was only in late 2024 that the Ho Chi Minh City People’s Committee approved a 5-year extension to the project's operational duration, along with a corresponding extension of the land use term, subject to annual rental payments. Payment of land use levy and land rental upon extension of land use term and adjustment of land use term Article 156.2 of the Land Law 2024, after land-use term is extended or adjusted, if land users are liable to land use levy or land rental, they shall pay land-use levy or land rental for the extended or adjusted land use term. As further detailed in Article 35 of Decree 103/2024/ND-CP on land use levy and land rental, it appears that the land payment method (i.e. whether annual payment or one-off payment) for the extended or adjusted land-use term will follow the previous land payment method before extension or adjustment. Legal procedures for adjusting or extending the project’s operation duration Provisions on legal procedures, process, and application dossier for adjusting or extending the project’s operation duration are further provided in Article 55 of Decree 31/2021/ND-CP. Generally speaking, the adjustment procedure/dossier is likely similar to the normal procedure for amendment of contents of an existing investment project, while the extension procedure/dossier is likely similar to applying for a new investment project. Even though the licensing result is the same (i.e. the project’s operation duration after adjustment or extension is 50 years), it appears that the extension application dossier is more complicated than the adjustment dossier. For instance, when applying for extension, the investor must carry out a procedure to certify that its project does not use outdated technologies, potentially causing environmental pollution or being resource-intensive under Decision 29/2023/QD-TTg. This difference may be important to the investors of production projects when the relevant projects may have potential impacts to the environment or resources and such investors should be aware of those issues and choose the suitable method when amending the project’s operation duration. Possible options for land-use projects having 50 years’ operation duration Taking into consideration of Article 44 of the Law on Investment 2020, it appears that: (a) For a project using land already having 50 years’ operation duration and located in an economic zone or located outside the economic zone but in a geographical area meeting with difficult socio-economic conditions or in a geographical area meeting extremely difficult socio-economic conditions or an investment project which has a large investment capital amount but capital recovery is slow: the investor of such investment project may apply for extension of project’s operation duration but must not exceed 70 years; (b) For a project using land having 50 years’ operation duration and not subject to any case specified in point (a) above or a project using land already having 70 years’ operation duration, the investors of those investment projects are not permitted to apply for extension of project’s operation duration because the maximum operation duration is 50 years or 70 years respectively. Consequently, the investor(s) will have to terminate the expired investment projects and carry out the procedures for liquidation of investment projects under regulations on investment. A question may be raised as to whether or not the investor may use its currently operating assets to apply for a new investment project at the same project location. The answer is likely positive but the question remains whether this investor is given any preferential right as the existing land user or not in case there are other (new) investors interested is unclear. It is expected that there will be further guidance from the competent authority in this regard. Authored by Bui Ngoc Anh and Pham Thanh Tung
02 July 2025
Press Releases

VILAF Announces Partner and Counsel Promotions

VILAF is delighted to announce two significant promotions with effect on 1 January 2025: New Partner                   Ngan Nguyen                 Real Estate, Capital Markets, and Corporate/M&A New Counsel                 Hanh Hien Nguyen      Banking & Finance, Capital Markets, Aviation The promotion raises the number of VILAF partners to 16. About Ms Ngan Nguyen Ngan Nguyen joined VILAF in 2017 after her legal practice at a Singapore law firm.  She was recognized as one of ALB Asia's 40 Under 40 in 2023, a testament to her exceptional talent and contributions to the legal profession. Ngan holds an LL.M. Degree (2011) from the National University of Singapore. VILAF Senior Partner Tung Ngo, her direct supervisor, remarked: "Ngan has demonstrated exceptional dedication, legal acumen, and leadership abilities. She consistently exceeds expectations, managing complex cases with precision and fostering strong relationships with our clients." Ngan has recently advised the following significant transactions: Gamuda Land in the acquisition of several real estate projects in Ho Chi Minh City; Sojitz Corporation and Vietnam Livestock Corporation in a joint venture project; Mitsui & Co., Ltd. in acquiring an equity stake in Aker Horizons ASA; Vietnam National Aviation Insurance and Saigon–Hanoi Insurance Corporation in their divestments to DB Insurance; and Mavin Group and Tan Long Group in a private placement of shares to IFC. About Ms Hanh Hien Nguyen Hanh Hien has been part of VILAF for most of her legal career, starting as a trainee associate.  She was awarded an ALB Rising Star in 2023 and has been consistently ranked as an IFLR1000 Rising Star for several years. She holds an LL.M. Degree (2018) in International Banking and Finance Law from the University of Leeds, UK. VILAF Senior Partner Duyen Ha Vo, her direct supervisor, commended her: “Hien’s stellar reputation in Vietnam’s financial sector is well-earned, thanks to her exceptional deal management and negotiation skills. Her ability to consistently deliver timely and impactful results has cemented her role as an indispensable asset to our firm.” Hanh Hien has recently advised the following significant transactions: Nexif Energy’s US$605 million sale of its renewable energy asset portfolio to Ratch Group; Strategic Value Partners’ acquisition of debt in a Japanese Operating Lease structure for three aircraft leased to Vietnam Airlines; Mekong Energy Company Limited’s end-of-term transfer of the Phu My 2.2 BOT Gas-fired Power Plant to the Government; The financing of the acquisition of FV Hospital by Thomson Medical Group, which has been the largest hospital M&A deal in Vietnam to date; and A series of private bond offerings of Nam Long Group.
06 January 2025

Confirming Solidarity for a Green World – Acts impact louder than words at COP29

Valuing life with a climate change countering motto ‘save our planet’ ambitions remain on top priority for the world, enabling action at COP29 hosted by Baku for 2024. COP29 President-Designate letter describes the 2024 UN Climate Change Conference in Azerbaijan as “a litmus test” for the Paris Agreement, global climate action, and cooperation, with a new collective quantified goal (NCQG) on climate finance as its “centerpiece” with an active engagement of global, regional, national, and subnational groups by adopting an advanced “holistic view” of sustainable development with an exclusive process that delivers inclusive outcomes. At COP29, the participating countries will be further reporting on their respective actions post COP28 and reaffirming their commitments towards climate change objectives while exploring opportunities. Diversified Partnering Options Vietnam signed the Just Energy Transition Partnership (JETP) on 14 December 2022 with G7 countries and as it maintains momentum, there are challenges pertaining to mobilization stream when it gets elevated considering economic instability posed to due fluctuating global economic and security dynamics. On one hand, Vietnam focusses on integrating the local industry as a trend towards its Industrial Revolution 4.0, while modernising and digitalising the power systems and networks by embracing smart technologies. In its green journey the country acknowledges and emphasize on the importance of integrating renewable energy sources such as wind, solar, and hydropower when in parallel it promotes its energy security with other sources of electricity generation. On the other hand, financing remains a riddle that is yet to be solved. Although, international commitments, green funds, bonds, and credit sources are in abundance to ensure a sustainable energy transition, but bankability consistently strikes as a boulder to support non-recourse financing instruments that highly rely on leveraging risks among the international players. On the investment front, mainly, there are two options for Vietnam to realise its planned targets under the Power Development Plan VIII for 2021-2030, with a vision to 2050 (PDP-8), one option being public-private partnerships which is seen to be more suitable for large-scale projects and this way invites participation of the state-owned enterprises, while the other option is through the Investment Law that supports private independent power producers. Vietnam’s Policy Movements and Regulatory Restructuring There has been progress made by Vietnam on the policy formulation since the last reporting at COP28 and which is evident from the release of the PDP-8 Implementation Plan in April 2024 and thereafter the much awaited regulatory framework for the Direct Power Purchase Agreement (DPPA) mechanism that entered in effect from July 2024 and rooftop solar specific regulation in October to address unresolved matters hindering smooth development of self-produced and self-consumed rooftop solar power sources throughout the country. However, there is surely more focused approach required to match with the global pace and for which the work is in progress to ensure a higher economic performance for 2026 evaluation of the current government. Further, the country is determined to reaffirm its commitments at the COP29 in November 2024. Planned Generation Capacities under the PDP-8 Implementation Plan It is pertinent that the PDP-8 Implementation Plan sets out ambitious targets for 2030 to support a diversified energy mix for Vietnam when the focal point remains to boost investments while securing its energy needs in the long run, the electricity generation capacities planned from various sources are as below: Source Total Capacity (MW) Prioritised Domestic Gas 14,930 LNG 22,400 Coal 30,127 Co-generation (residual heat and flue gas) 2,700 Hydropower (medium and large) 29,346 Pumped storage hydropower 2,400 Renewable Energy (RE) Offshore Wind 6,000 Onshore Wind (incl. nearshore) 21,880 Small Hydro 29,346 Biomass 1,088 Waste-to-Energy 1,182 Rooftop Solar (off grid) 2,600 Battery Storage (hybrid power sources prioritised) 300 Other Flexible 300 Import (Laos) 5,000 increase up to 8,000 RE Export (central and south) 5,000 - 10,000 RE to produce Hydrogen, Green Ammonia for domestic and export Up to 5,000 (mainly offshore wind source) It is ought to be noted that the above stated capacities are under re-consideration in accordance with the Planning Law and accordingly, PDP-8 is expected to see some shifts in target capacities allocation to make sure that the targeted goals are duly achieved within the planned timeframe. In contrast a noteworthy concern persists in relation to the strict timeline i.e. by 2030, leaving the industry and the government with around 6 years to fulfill accomplishments. DPPA In order to support the PDP-8 the government of Vietnam had passed Decree 80 in July 2024, laying down regulations on direct electricity trading mechanism between renewable energy generators and large electricity users. Decree 80 is applied to the renewable energy generation units comprising different sources, namely, solar, wind, small hydro, biomass, geothermal, tidal… and rooftop solar systems with electricity operation license as applicable based on the source generation capacity or an exemption from the same as per the existing regulations laid under Circular 21/2020 of the Ministry of Industry and Trade (MoIT). Decree 80 provides for the following two options: Private line sale and purchase of power among RE generation units and large electricity consumers. In this option the power purchase agreement (PPA) price could be mutually agreed among the generator and the consumer. Except where the generation unit performs retail as well, combining power purchase from the national grid and on-site for retail, here, pricing shall be as per the MoIT release. Sale and purchase of power through the national grid includes the below: Grid connected solar and wind generation units with a capacity of 10MW and above, participating in competitive wholesale electricity market (Trading cycle – 30 minutes each, per trading day). In here that transmission loss is recognized and the payment cycle is 1 month (on the electricity market), from 1st day of each month. Industrial consumers buying power from Vietnam Electricity (EVN)/retailers with connection voltage level being 22kV or above, with an output of 200,000 kWh/month (average on preceding 12 months); Power retailers in zones, clusters authorized by large consumers for production purposes, buying electricity from EVN through a forward contract with the RE generation units. In addition to detailing on the power generation and sale models, Decree 80 appendices provide templates for Model PPAs applied for the option no.2 stated above. The said templates mention on renewable energy certificates (REC’s) and carbon credits for which Vietnam has a plan to initiate a pilot program that will transition to formulation of a full-fledged market in the upcoming years. Rooftop Solar for Self-produced and Self-consumed Supporting the green transition, the government of Vietnam released Decree No. 135/2024 on 22 October 2024 (“Decree 135”) laying down regulations to encourage the development of self-produced and self-consumed rooftop solar power was initialed, effective. Categories Rooftop solar power sources (“RTS Sources”) are divided into two main criteria’s i.e. (a) RTS Sources connected to the national grid (hybrid sources supplying electricity on-site or at discretion surplus supply to the national grid), development of such RTS Sources shall be less than or equal to the total installed capacity of the existing load and consistent with past 12 months of electricity consumption. Prior to installing such RTS Sources having capacity of less than 1MW, a notice from the investor, developer/user need to be sent together with the design documents to the provincial construction, fire prevention and fighting, local electricity unit and the Department of Industry and Trade (DoIT) for monitoring. Grid connected RTS sources should obtain certification from the competent authority being the provincial DoIT. (b) RTS Sources not connected to the national grid (private power generation for either self-consumption or sale behind the meter). Such RTS Sources are not required registration as per Decree 135, however, a notice from the investor, developer/user need to be sent together with the design documents to the provincial construction, fire prevention and fighting, local electricity unit and the DoIT for monitoring. It further promotes uncapped generation capacity development for such sources. Capacities of such RTS Sources connected to the national grid shall adhere to the approved thresholds under the PDP8 (including its implementation plan, as to be revised), excluding RTS Sources in island districts and communes having grid but not integrated with the national power system. It further bans import of used PV panels and DC to AC convertors to develop such sources. Grid connected RTS sources willing to pump surplus electricity to the national grid, with the installed capacity from 100 kW or above, to negotiate mutually and agree on the equipment for collection, monitoring and control system to ensure grid safety. Incentives for RTS Sources RTS Sources not connected to the national grid are prioritized with uncapped capacities while being exempt from electricity operation license. Further, grid connected RTS Sources equipped with anti-backflow are prioritized without any capacity cap. Surplus electricity from RTS Sources having capacity ≥1MW are subject to electricity operation license. Land repurposing is not inclined for development. For constructions identified as public assets, the RTS Sources shall be treated as technological equipment attached to construction works. Energy storage is permitted, paving way for BESS while ensuring administrative ease. Grid connected RTS Sources falling within the PDP8 approved capacities, with less than 100 kW can pump surplus power to the grid, but not exceeding 20% of the actual installed and registered capacity, to receive payments from Vietnam Electricity (EVN) at a price equal to the average electricity market price in the previous year. Including such RTS Sources installed on public property, not purchasing or selling surplus electricity. Households are exempt from any adjustments to their relevant licenses. PPA Term Power Purchase Agreement term for surplus electricity trading from RTS Sources is limited to five (05) years initially, from the commercial operation date of the RTS Source, and is subject to extension upon mutual agreement among the signing parties, in accordance with the then effective regulations. Transitional Provisions Investors whose RTS Sources are operational prior to 01 January 2021 are not permitted to connect or register to install additional RTS Sources at the same location. Whereas, for the households, individuals and public offices those who have developed RTS Sources from 1 January 2021 are required to notify to the DoIT for the purpose of recording the capacity and coordinates. Restructuring of State-Owned Enterprises In August 2024, the National Load Dispatch Center (A0) departed from EVN Group umbrella and sparked a new balanced beginning as the National Power System and Market Operation LLC (NSMO) with the MoIT, while the Commission for Management of State Capital at Enterprises (CMSC) maintains supervision. This restructuring is a critical for Vietnam to support the roadmap for its electricity market development plans originating from December 2013, which is planned in a phased manner as follows: It is true that the plans have been severely delayed due to several economic, political and security variations that not only relates solely to Vietnam but worldwide and it is not the only country which is impacted by the same but this has been witnessed as a global trend when the countries are reassessing their policy transition visions to cope up with the market swings. Stability Sustainability Suitability Battery Energy Storage System (BESS) Decision 1009/2023 of the Prime Minister allowed Vietnam Electricity (EVN) for a pilot BESS project of 50MW. The said pilot project aims to explore ancillary services and inform pricing design and technical standards. The pilot BESS project is proposed to be installed at a substation in the North of Vietnam, serving two functions: peak shifting and frequency control. The proposed project is an initiative designed for public benefit, assigning EVN for implementation and during the implementation of the said pilot project the country plans to have an on ground experience to base its policy formulation prior to commercializing BESS. Electricity Law Amendment and Prospective Developments In parallel to the above stated, the Electricity Law amendment is on the cards and is expected to be passed in 2025 by the National Assembly. Certainly, Vietnam stands committed to speed up its policy and regulatory framework movements together with the support from the international partners and the industry and hopefully we will see a positive path ahead to fulfill its greener dreams while smoothly delivering to its international commitments. Hydrogen Shift and Carbon Credit Market In line with the current and planned developments, there are also ongoing considerations for hydrogen shift strategy in the near future, as well as carbon market development with formulation of refined regulations, while amending the relevant key pieces from the existing ones. Author: VAIBHAV SAXENA
01 November 2024
economy

Vietnam-South Korea: Expanding Relations and Opportunities with Key Partners

On December 22, 1992, South Korea and Vietnam established diplomatic relations with a joint statement.For Hanoi, its economic interests and foreign policy of “diversification and multilateralization” were pivotal in fostering closer ties with Seoul. In 2002, the two countries upgraded their relationship to a “comprehensive partnership in the 21st century,” which was further elevated to a “strategic cooperative partnership” in 2009. Most recently, in December 2022, they announced the formation of a comprehensive strategic partnership. The current bond between Vietnam and Korea is built on a foundation of mutual trust, growing people-to-people connections, and strong economic collaboration. Major Korean conglomerates such as Samsung, SK, LG, Lotte, and Hyundai have significantly expanded their operations in Vietnam, deepening economic ties. As of March 2024, Samsung's investment in Vietnam totals $22.4 billion. The trend of Korean companies moving their manufacturing to Vietnam has accelerated recently, driven by the need to diversify supply chains amid global disruptions. Vietnam’s stable economic environment and favorable foreign direct investment policies make it an attractive destination for Korean investors while supporting its Industrial Revolution 4.0. This growing economic relationship is also supported by Korea’s New Southern Policy (NSP), which aims to enhance ties with ASEAN member states and India to match the level of relationships Korea maintains with the USA, China, Japan, and Russia. From ASEAN, Vietnam is considered a central focus of the NSP. Bilateral Trade Korea is Vietnam’s third-largest trade partner and second-largest import market, underscoring the importance of their economic ties the partners established a strong trade relationship. One prime example of this is the Vietnam-Korea Free Trade Agreement (VKFTA), having its effectiveness from December 20, 2015, with the aim to promote trade, services, and investment without replacing the ASEAN-Korea FTA (AKFTA). VKFTA establishes precise rules for origin of goods, including the regulations for special goods and Certificate of Origin exemptions for lower-value imports. Additionally, VKFTA commitments include National Treatment (NT) and Most Favored Nation (MFN) treatment in trade services, with additional sector openings compared to WTO and AKFTA commitments. Investment protections under VKFTA also include NT and MFN treatments, along with mechanisms for dispute resolution through administrative courts and arbitration. Besides that, the Double Taxation Avoidance Agreement (DTA) between the nations, which came into force on September 11, 1994 also contributed in facilitating economic cooperation with the primary objective of providing clear guidance on tax and preventing double taxation, the DTA helps shape a safer and better tax environment between the countries, promoting cross-border trade and investment, enhancing economic ties between Vietnam and Korea. In recent decades, the bilateral relationship between Vietnam and Korea has made remarkable strides with total trade between the two countries growing from $2 billion in 2010 to an impressive $86.5 billion in 2022. Further, both nations stay committed to further enhancing bilateral trade, aiming for a target of $150 billion by 2030. Comparatively, in May 2024, Korea’s exports to Vietnam surged significantly in contrast to May 2023. According to OEC data, exports increased by $846 million (19.8%), rising from $4.28 billion to $5.12 billion while imports from Vietnam also grew during this period with an additional $118 million (6.13 percent), reaching $2.04 billion from the previous figure at $1.92 billion. This upward trend reflects the futuristic ties between the two nations. Furthermore, in the fifth month of this year, Korea’s exports to Vietnam saw a significant boost, driven by increased shipments of mineral fuels, mineral oils, and related products, as well as perfumery, cosmetics, and fertilizers. Meanwhile, Korea’s imports from Vietnam grew due to higher imports of non-knitted clothing accessories, machinery, mechanical appliances, and footwear. In the first half of 2024, trade turnover between Vietnam and Korea reached $38.4 billion, marking a substantial increase from the previous year. Burgeoning Investment prospects Within the past decade, Korea’s investment into Vietnam played a crucial role in the development of the country’s economy, ranking in a high place of Vietnam’s foreign investors. In 2023, there were approximately 500 investment projects from Korean investors with the total value of over $5 billion. In addition, over the last six months of 2024, Vietnam received $1.4 billion investment from Korean investors. This marks an increase of 16% as compared to 2023, making Korea the 4th largest foreign investor in Vietnam. The investment of Korea places its focus on processing, manufacturing industry that accounts for more than 70% of Korea's total investment capital in Vietnam. Besides that, real estate sector also receives attention from Korea, with the investment capital accounting for over 12%. The remaining sectors of interest for Korea are construction, energy, accommodation and food services, accounting for about 3%. The Vietnamese government has encouraged Korean companies to invest further, particularly in advanced technology, electronics, semiconductors, AI, renewable energy, and human resource development. Notable Korean investments include: Samsung: With an investment of $22.4 billion and employing around 90,000 people in Vietnam. Additionally, 310 Vietnamese firms are part of Samsung’s supply chain, and its R&D center in Hanoi employs about 2,500 staff. Hyundai Motor: Investing over $410 million in green transportation and local supplier integration, aiming to support Vietnam’s domestic industries and technological progress. Lotte Group: Participating in Vietnam’s smart city and sustainable tourism initiatives, emphasizing opportunities in urban sustainability and tourism sector growth. Hyosung Corporation: Planning to expand its presence with a new data center in Ho Chi Minh City. These investments reflect the growing economic integration and collaborative opportunities between Vietnam and Korea. Envisioning Ever since the elevation to Comprehensive Strategic Partnership, Vietnam and Korea have developed their relationship in many ways. Notably, in the beginning of July 2024, Vietnam made its first high level visit to Korea since the said elevation. During the visit, Prime Minister Han Duck-Soo stated that Vietnam is a key partner in implementing foreign policies in the region, including the Indo-Pacific Strategy and the Korea-ASEAN Solidarity Initiative (KASI). It is pertinent that the future remains bright with commitments and foundations laid for strategic-economic collaboration between Vietnam and Korea. Authors: Vaibhav Saxena and Quang Anh Nguyen, Lawyers
18 September 2024
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