Vietnam Legal & Investment Insights

By: Harley Miller Law Firm
  • Summary

  • The podcast serves as a comprehensive guide to help listeners develop a thorough understanding of Vietnam's complex legal framework and effectively navigate its regulatory environment. This forms an integral part of its broader mission to provide investors with detailed insights and practical guidance for successfully entering and operating in the Vietnamese market. Additionally, the podcast extends its scope to address the specific legal needs of expatriates living in Vietnam, offering valuable information on personal legal matters such as wills, estates, and residential requirements. Through expert analysis and practical examples, it aims to demystify the legal aspects of both business operations and personal matters in the Vietnamese context.

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Episodes
  • Understanding Vietnam’s Stock Market Regulations for Foreign Investors
    Feb 4 2025

    A discussion on securities investment in Vietnam for foreign investors. The content focuses on guiding through the basic steps to participate in Vietnam's securities market, including opening a securities trading account, establishing a capital contribution account, and obtaining a securities trading code.

    The program also emphasizes the role of regulatory bodies such as the State Securities Commission (SSC) and Vietnam Securities Depository (VSD), while explaining regulations on foreign ownership, price limits, legal compliance (including ownership change reporting and insider trading prevention), and recommends seeking support from local experts. Finally, the program discusses smart investment strategies in Vietnam, including portfolio diversification and thorough market research. The main purpose is to provide practical information and advice for foreign investors wanting to participate in Vietnam's securities market.

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    16 mins
  • Personal Income Tax for Foreigners in Vietnam
    Feb 2 2025

    Today we're discussing Vietnamese tax law for expats with a tax specialist, based on the Harley Miller Law Firm guide.

    Tax Residency

    You're considered a tax resident in Vietnam if you either:

    • Stay 183+ days in a calendar year
    • Have a habitual residence (permanent address)

    Tax Rates

    Residents: Progressive system from 5% to 35% on worldwide income Non-residents: Flat 20% on Vietnam-sourced income only

    Deductions

    • Personal: 132M VND/year
    • Dependent: 4.4M VND/month per dependent
    • Other: Insurance, pensions, charitable donations

    Double Taxation Agreements (DTAs)

    Vietnam has agreements with 80+ countries to prevent double taxation through tax credits, exemptions, or reduced rates.

    Tax Registration

    Three options:

    • Direct registration at tax office
    • Through employer
    • Online via e-portal

    Key Deadlines

    • Monthly: 20th of following month
    • Quarterly: Last day of next quarter's first month
    • Annual: Last day of fourth month after year-end
    • Early departure: File within 45 days

    Housing Allowances

    • Taxable if paid through paycheck
    • Non-taxable if employer pays landlord directly
    • Maximum taxable amount: 15% of total income

    Record Keeping

    Keep all tax documents for 5 years in case of audits or disputes.

    Resources

    • Harley Miller Law Firm website
    • General Department of Taxation website
    • Professional newsletters
    • Expat community forums
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    7 mins
  • Delisting Process and Procedures Under Vietnam's Securities Law
    Feb 2 2025

    Today we're exploring delisting - when a company's shares are removed from a stock exchange. While this might sound concerning, delisting can happen for various legitimate reasons.

    There are two types of delisting: mandatory and voluntary. Mandatory delisting occurs when companies violate exchange rules or fail to meet requirements. The exchange monitors companies and can force delisting to protect investors.

    For mandatory delisting, companies get a chance to explain and address issues. If problems persist, the exchange announces the delisting decision. Companies usually get a 30-day grace period, except in cases of fraud.

    Voluntary delisting happens when companies choose to leave the exchange, often for strategic reasons like restructuring or going private. This requires shareholder approval through a general assembly meeting.

    In both cases, investor protection is key. Companies must provide clear communication and fair share buyback plans. Information is shared through official channels, and independent experts may help determine fair prices.

    The process balances company freedom with investor protection through regulations and safeguards.

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    23 mins

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