ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Hai, 13 tháng 6, 2016

THAI BILLIONAIRES AND M&A ACTIVITIES IN VIETNAM

The billion-dollar acquisitions of Thai billionaires have brought Thailand to become a formidable force in M&A activities in Vietnam and Asia.

Big C Vietnam has fallen into the hands of billionaire Tos Chirathivat – the boss of Central Group (Thailand) from Casino Group (France) for 1.05 billion USD. In 2015, this group also spent about 100 million USD to acquire Nguyen Kim – the leading retailer in the electronics market. Recently, the Group also spent 10 million USD to acquire the business segments in Thailand and Vietnam of Zalora (belongs to Global Fashion Group of Rocket Internet Corporation).
Previously, billionaire Charoen Sirivadhanabhakdi – owner of TCC Holdings (Thailand) spent 655 million Euros to buy 19 centers and relating real estates of Metro Cash & Cary Vietnam. Also, Berli Jucker (BJC), a subsidiary of TCC Holdings also acquired Family Mart Vietnam. Especially, along with the acquisition of Metro Cash & Carry Vietnam, billionaire Charoen Sirivadhanabhakdi also through the Singapore Beverage Group – Fraser & Neave (F&N) became the 2nd largest shareholder in Vinamilk with 11.04% share. Currently, Thaibev which also belongs to this billionaire is racing to buy 40% share in Saigon beer (Sabeco), with a value of 1 billion USD.
In fact, the trend that Thai businesses acquired businesses outside their national borders is not new. In 2012, Siam Cement Group (SCG) of Thailand signed an agreement to buy 85% share in Prime Group JSC (Vietnam) at the price of 7.2 billion Baht (nearly 5,000 billion VND). This is also the biggest M&A deal in the field of building materials in Vietnam so far.
In the plastic industry, currently, SCG has invested in more than 20 Vietnam plastic enterprises. Particularly, the most significant  investment is to buy 80% share in Tin Thanh Plastic Company, a top enterprise in the field of plastic packaging of Vietnam. SCG also holds large shares in 4 companies specialized in manufacturing plastic household – packaging in Vietnam, which are Vietnam – Thai Plastchem Joint Venture, TPC Vina Plastic and Chemical, Minh Thai and Chemtech Plastic Materials.
Currently, SCG is also the 2nd largest shareholder in Tien Phong Plastics and Binh Minh Plastics, just after State Capital Investment Corporation (SCIC). Moreover, SCIC planned to divest from this two plastics companies. This will create opportunities for Nawaplastic Industries to increase its shares in Tien Phong Plastics and Binh Minh Plastics. SCG continues to seek opportunities to invest in Vietnam’s plastic industry.
Most recently, the Ton Poh Thailand Fund has spent 130 billion VND to buy 5.9 million shares of Hoang Huy Investment – Service Company, equivalent to 5.32% of the charter capital of the company. In addition to Hoang Huy, Ton Poh Thailand Fund also owns nearly 6% share of Cotec Construction Company.
An open economic space will create significant opportunities for investment flows. The formation of the ASEAN Economic Community (AEC) and the Trans-Pacific Partnership Agreement (TPP), which expected to take effect from 2018, is the impetus for  investment flows into the country in this area. The race has just begun for the countries, investors and Thailand businesses seem to hold this game.
The billion-dollar acquisitions of ambitious billionaires brought Thailand to become a powerful force in M&A activity in Asia. According to experts, the deal with the presence of Thai companies in theM&A market in Asia has increased rapidly, just behind China, Korea and India.
In particular, the market of more than 600 million people of AEC is considered as a more stable market than most emerging markets in the world. The growth opportunities for businesses here will be very attractive, regardless of Thailand, Vietnam enterprises or from other economies.
To sum up, according to economic analysts, the increase of M&A activities will be the obvious result due to the free trade between the countries in goods, services and human resources.
ANT Consulting is here to assist you from the outset; providing corporate intelligence, risk advisory, management consulting services that assist market entrance, and ensure efficient business start-up operation.  Our services are as following:
We strive to save your cost by guiding you towards economical solutions that comply with local legislation and procedures. We support you through early logistic solutions and carry you through as your business grows.  We aim to bridge the gap between international best practices and local cultures and assist foreign companies and organizations entering Vietnam market to overcome commercial and regulatory issues.
We could be reached at email: ant@antconsult.vn or tel: +848 3520 2779 .  To learn more about us, please visit www.antconsult.vn



Chủ Nhật, 12 tháng 6, 2016

BANKING SECTOR IN VIETNAM

1. Overview
Vietnam’s banking sector has shown significant improvement which results from stable inflation and interested rate, favorable environment for foreign direct investment and a shift from deficit to surplus of the country’s current account. This sector plays a crucial role in Vietnam’s economic development in recent years.

2.Banking system
There are two tiers in banking sector in Vietnam. The first one is State Bank of Vietnam (SBV) which is responsible for monetary policy and supervision/regulation of the banking system in Vietnam. The second one consists of commercial banks, financial companies, credit co-operatives, people’s credit funds, and insurance companies. The main activity driving banking system is commercial bank which includes 5 state-owned commercial banks, 33 joint stock commercial banks, 5 joint venture commercial banks and 5 wholly-owned foreign owned bank.
State owned commercial banks (SOCB) account for more than 40% of market share. The largest bank in terms of total assets, network and still 100% state owned share is Agribank. And four other SOCB areVietcom bank, Viettin Bank, BIDV and MHB.
Joint stock commercial banks (JSCB) have small capital/deposit base and more diversified shareholding structured compared to state owned commercial banks. There are currently 33 JSCB, which the leading ones are SaiGon Joint Stock Commercial Bank (SCB), Military Joint Stock Commercial Bank (MBB), Vietnam Export Import Commercial Joint Stock Bank (EIB), Asia Commercial Bank (ACB) and SaiGonThuong Tin Commercial Joint Stock Bank (STB)
Also SBV had granted 5 licences to permit HSBC, Standard Charter Bank, ANZ Bank, Shinhan Bank and Hong Leong Bank to establish as wholly-owned foreign banks
3.Potential opportunities for foreign investment
There are solid evidences to prove that Vietnam’s banking sector has such a huge potential for foreign investment
  • Government effort of reforming banking system
  • Trade agreements facilitate foreign ownership and investment
  • Vietnam- a destination of foreign investment in South East Asian market
SBV suggested that merge and acquisition of loss making and incompetent bank would be necessary to improve efficiency within the industry. For example, in 2015, SBV forced merge of loss making Vietnam Construction Bank to Vietcom bank with purchasing share price for 0 VND. By forcing merge and acquisition of incompetent banks, SBV has increased exploitation of economies of scale and the reduced burden on regulators
Have taken part in variety of trade agreement such as Trans Pacific Strategic Economic Partnership (TTP),  Association of Southeast Asian Nations (ASEAN) and Free Trade Agreement with different countries, Vietnam has made restructuring move to standardize banking system which will be compatible and accessible to other countries. Vietnam is required to have bilateral arrangement which eliminate the challenges of foreign establishment of banking services.
The government also encourages foreign investors to hold shares for five year period and partnering with the local bank to enhance management, capacity or new development. With the 30% limit of oversea ownership to domestic banks, the strategic foreign investors are allowed to acquire up to 15% of share in a bank, and up to 20% with Prime Ministerial approval. HSBC has also invested in a leading local bank, possessing a 20% stake in the Vietnam Technological and Commercial Joint Stock Bank—Techcombank. It is also the sole foreign strategic partner of the BaoViet Finance-Insurance Group, Vietnam’s largest insurance company. In a vote of confidence in the insurer, HSBC increased its stake to 18% in October 2009.
There is a huge untapped market in Vietnam. According to SBV, only 20% of more than 90 million citizens in Vietnam hold bank accounts and 3% of the population have credit cards. With 87% of the population under the age of 54, there is a great opportunity for retail banking activity development in Vietnam.
Also it is agreed that SME and rural areas have had challenges to access bank investment and loan. The data of Asian Development Bank shows that “lack the capacity to assess the risk of investment into SMEs and find bankable projects” and lack of knowledge about loan and lending systems for rural citizens are the main reasons leading to currentunder-banked circumstances.
The stable economic with GDP growth of around 6% to 7%; low wage costs; a large population with a high savings rate and lack of innovative approach to the market are advantages for foreign investors to accelerate financial and industrial development in Vietnam market.
ANT Consulting is here to assist you from the outset; providing corporate intelligence, risk advisory, management consulting services that assist market entrance, and ensure efficient business start-up operation.  Our services are as following:
We strive to save your cost by guiding you towards economical solutions that comply with local legislation and procedures. We support you through early logistic solutions and carry you through as your business grows.  We aim to bridge the gap between international best practices and local cultures and assist foreign companies and organizations entering Vietnam market to overcome commercial and regulatory issues.
We could be reached at email: ant@antconsult.vn or tel: +848 3520 2779 .  To learn more about us, please visit www.antconsult.vn



Thứ Năm, 9 tháng 6, 2016

HIGHLIGHTS IN REAL ESTATE INVESTMENT IN VIETNAM

Vietnam is attracting interest of investors in both domestic and foreign market. Overall, investor confidence was returning to the Vietnam real estate market. Both buyers and sellers have enhanced activity in recent months.


The real estate market of Vietnam has overcome the recession period within 4 or 5 years ago but in the last 12 months, the market has recovered and noted positive signs as well as confidence in the market in general.
Law on housing and real estate business Law takes effect in July 2015 and has acted quickly and positively on the real estate market in Vietnam. The changes in the Law on housing have significantly eased the regulations on home ownership for foreigners, although there are still some limitations.
 “Hot spots” of FDI inflows
According to a recent report of Jones Lang LaSalle Vietnam (JLL), a series of free trade agreements such as TPP, EU and ASEAN will further promote the medium and long term development. Interest rates and inflation rate have declined significantly and became more stable in the past two years, helping the investment activity to occur more positive in both Ho Chi Minh City and Hanoi. With some domestic and foreign investors such as CapitaLand and Keppel Land, they have spurred the construction activities thanks to the growing revenue in the last 12 months.
Accordingly, the amount of disbursed FDI in the period from January to September of 2015 rose by 8.4% compared to the same period last year, reaching 9.7 billion USD. This is the strongest growth since the late 1980s, contrary to the slowdown of the Chinese economy. The amount of registered capital of new investors also rose even more sharply with 11 billion USD, focused primarily on the manufacturing industry, in which the energy and electronics industries are the sectors with the highest registered capital investment in the year, followed by the real estate sector.
According to the Ministry of Planning and Investment, FDI investment in the industrial park in Vietnam accounted for 67% of total FDI in Vietnam with 11 billion USD and accounting for 59% of the total 1,400 projects in the first 9 months of 2015. A notable transaction is the event that Amata Corporation acquired the land worth 279 million USD in Long Thanh (Dong Nai) for the purpose of building residential and industrial areas valued of 500 million USD.
According to JLL, the residential real estate prices in Vietnam maintained an average rate with 2 bedroom apartments, 70 m2, 10 – 15 minutes to reach the central area of Ho Chi Minh City, which are sold at the price of 1,600 – 2,000 USD/m2, equivalent to 112,000 – 140,000 USD/apartment. When compared with the big cities in the region, the price is believed to increase significantly.
Who dominated the real estate market of Vietnam?
JLL’s report showed that domestic investors are boosting investment activity in the real estate market of Vietnam. The largest real estate investors in Vietnam are Vingroup and Novaland Group.
Vingroup is Vietnam’s largest real estate development and management with market capitalization of about 3.4 billion USD. Vingroup’s investment portfolio includes 45 real estate projects spread across many sectors of the real estate market, including Vinhomes luxury apartments and villas; Vincom Center and Vincom Mega Mall; Vincom Office; 5 star Vinpearl resort; Vinpearl Luxury resort….
Novaland Group has participated in the real estate market in 2007 with the first project is Sunrise City with investment capital of 500 million USD located on Nguyen Huu Tho road, district 7. The real estatebusiness of Novaland focused on the apartment complex segment from mid to high classes and the segment of house land with 25 projects that are being implemented throughout the downtown districts.
Vietnam is becoming an attractive place for foreign investment in the medium term than many other countries in Southeast Asia. Data from Real Capital Analytics (RCA) recorded that there are more attention from a number of private investment funds that are allocated foreign capital into Vietnam in an attempt to increase their market presence in Vietnam.
In the 2nd quarter of 2015, a joint venture of Warburg Pincus – a US investment fund, has invested 100 million USD into Vincom Retail, the Vietnam’s largest trade center ownership and management in Vietnam. Also in this quarter, Gaw Capital Partners has received the transfer of 4 real estate projects under various segments from Indochina Land with a total value of 106 million USD. Gamuda Land has also receive the transfer of 40% shares (equivalent to 64.1 million USD) in the Celadon City project, a modern urban area with initial investment by a joint venture between Sacomreal, Thanh Thanh Cong (TTC) and An Phu Gia.
The current real estate profit margin is high
JLL’s analysis shows that investors are now enjoying 6 – 7% profitability rate for residential real estate and 9 – 11% for commercial real estate, depending on location, completion time, quality of the project and the signing time of the tenants.
According to General Director of JLL Vietnam, real estate investment in emerging markets has always been seen as risky investments but with higher potential profits. Investors are willing to engage in joint venture projects in these markets, where they will combine with local investors who wish to have capital supporting – in order to have a foothold in the market before and also experience the exponential growth in the future when the economy of these market growing fast.
Moreover, the emerging markets such as Vietnam will have the potential growth factors, including population growth and high urbanization rate. Investors and project developers can take advantage of these factors.
ANT Consulting is here to assist you from the outset; providing corporate intelligence, risk advisory, management consulting services that assist market entrance, and ensure efficient business start-up operation.  Our services are as following:
We strive to save your cost by guiding you towards economical solutions that comply with local legislation and procedures. We support you through early logistic solutions and carry you through as your business grows.  We aim to bridge the gap between international best practices and local cultures and assist foreign companies and organizations entering Vietnam market to overcome commercial and regulatory issues.
We could be reached at email: ant@antconsult.vn or tel: +848 3520 2779 .  To learn more about us, please visit www.antconsult.vn




Thứ Ba, 7 tháng 6, 2016

JAPANESE GIANT PETROLEUM CORPORATION ENTER VIETNAM MARKET

There is a trend that foreign corporations entering Vietnam market as they see the potentials of this rising economy.
Japan’s Idemitsu Kosan Group has received an investment license to open a joint venture with a unit of Kuwait to build a petrol distribution system in Vietnam.

This corporation will contribute 50% capital to Idemitsu Petroleum Q8 Co., Ltd, along with Kuwait Petroleum International (KPI) to set up station system to retail gasoline in Vietnam.
The investment registration license has been granted by the Vietnam Government and the business registration procedures are being conducted. If completed, this would be the first time when Vietnam petroleum distribution market has the participation of an enterprise with 100% foreign capital.
Currently, the two partners in the joint venture of Idemitsu Petroleum Q8 are all shareholders in Nghi Son Petrochemical Complex and Vietnam Oil and Gas Corporation (each party hold 35% of the capital).
Nghi Son Petrochemical is expected to trial operating in 2016 and commercial operating in 2017. Thus, through the establishment of a separate company on the distribution of petroleum products, Idemitsu and KPI will complete the production and distribution chain in Vietnam, ensuring the supply as well as output for the product.
Apart from the investment in joint venture distribution and petrochemical company, Idemitsu Kosan is also engaged in a series of beginning stage projects of the petroleum industry, such as investment in the mining lots (Lot 09-3, Lot 05.1). Moreover, this Japanese giant also said that they are ready to consider contributing funds when PV Oil carries out equitisation.
Idemitsu Kosan is one of the leading oil and gas group in Japan, with history of over 75 years of formation and development. The group’s market capitalization has now reached 108.6 billion Yen (almost 1 billion USD) with net sales in 2014 reached 4,630 billion Yen (about 42 billion USD). By the end of the first quarter of 2015, the corporation has nearly 9,000 employees.




Vietnamese Restaurant Chain Attract Foreign Funds

The start-up project with the restaurant chain named “Kafe Group” of Chi Anh Dao, a female chef and businesswoman born in 1984 has just get the attention by receiving an investment amount of 5.5 million USD (over 120 billion VND) from Cassia Investments – an investment fund from Hong Kong (China).



Previously at the end of 2014, the chain of 100 restaurants named “Mon Hue” (Hue Dishes) of Huy Vietnam Food Processing Co., Ltd is invested by Franklin Templeton fund, a fund managed by billionaire Mark Mobius with 11 million USD investment capitals.



According to the owner of “Mon Hue” restaurant, this food chain also receives investment capitals from 4 other investors from Singapore, Hong Kong (China)… Currently, this chain includes 3 brands: Mon Hue, Rice Express and Mr. Hung Noodles.

Before KAfe Group and Huy Vietnam, Golden Gate – including such brands as Kichi Kichi, Sumo BBQ, Ashima, Vuvuzela… receive the investment flow with 2.6 million USD from Mekong Capital Fund in 2009. Next, Standard Chartered Private Equity Fund from Standard Chartered Bank has spent 35 million USD to repurchase these shares.

Besides buying shares of Vietnam companies, the culinary market has continuously welcome many foreign brands opening restaurant in Vietnam such as Tokyo Deli, Coca Suki, Sakura, Oshima…
According to experts, investing in culinary market is the trend of modern business model. In particular, food chains seem to be less affected by the economic downturn as they meet the indispensable needs of life. Therefore, this sector is always attractive to funds.

ANT Consulting is here to assist you from the outset; providing intelligence, information, management or support and administrative services that assist market entrance, and ensure efficient business start-up operation.  Our services are as following:
·         Market Entry
·         Tax Advice
·         Legal Advice
·         Outsourcing Services
We strive to save your cost by guiding you towards economical solutions that comply with local legislation and procedures. We support you through early logistic solutions and carry you through as your business grows.  We aim to bridge the gap between international best practices and local cultures and assist foreign companies and organizations entering Vietnam market to overcome commercial and regulatory issues.
We could be reached at email: ant@antconsult.vn or tel: +848 3520 2779 .  To learn more about us, please visit www.antconsult.vn




Chủ Nhật, 5 tháng 6, 2016

NESTLÉ SET UP THE 6TH FACTORY IN VIETNAM

This is the 6th plant of Nestlé in Vietnam and the 2nd factory located in Hung Yen. The project has investment capital of 70 million USD, which is expected to come into operation in 2017.


Nestlé Vietnam Company has just started construction of a new factory in Thang Long II Industrial Park in Hung Yen. As reported by the company, the new plant with capital investment of 70 million USD was built on an area of 10 hectares and expected to go into operation in 2017, creating jobs for hundreds of local workers.
In 3 years, Nestlé has continually set up new plants and expand existing plants. The investment activities are continued to expand expressedthe firm belief in the rapid development of Vietnam’s economy. At the same time, assessing that Vietnam is having many advantages in attracting investment with a young and dynamic population, growing consumer markets and favorable business environment.
Nestlé Group specializes in manufacturing and supplying nutrition and health products. Founded in 1866 and headquartered in Vevey, Switzerland, till now, the group has developed 447 plants in 86 countries with 339,000 employees, owns more than 2,000 brands with 10,000 products.
Estimating that every day, there are about 1 billion of Nestlé products are sold worldwide. Nestlé operates in Southeast Asia since the early years of the last century, the first sales offices located in Saigon in 1912. In 1995, Nestlé Vietnam was born. So far the total investment capital of Nestlé in Vietnam reached over 520 million USD, employs approximately 2,000 employees and operates 5 plants.
Earlier, in 1992, Nestlé joint ventured with Long An Trading Company to founded La Vie Co., Ltd. In 2001, the company continues to build La Vie mineral water plant in Nhu Quynh town, Van Lam district, Hung Yen with registered capital of more than 10.3 million USD.
As noted by the Deputy Minister of Industry and Trade, Nestlé Vietnam is one of the 100% foreign investments that have invested very soon in Vietnam. Since going into operation so far, the company has maintained a fairly annual growth rate, especially in 2015, the growth rate of the company reached approximately 15%.
According to the Swiss Ambassador in Vietnam, Switzerland is in the list of 20 largest investors in the world. In Vietnam, investment projects of Swiss firms are growing significantly. The Swiss company has been operating in Vietnam for many years, contributing more than 2 billion USD of investment capital in Vietnam, bringing the Swiss became the 4th largest investor in Vietnam, surpassing Germany.



Thứ Tư, 1 tháng 6, 2016

JAPANESE ENTERPRISES WANT TO LEAVE CHINA TO ENTER VIETNAM

The labor costs in China rose steadily, along with the territorial dispute between Beijing and Tokyo are the two factors that the Japanese business community wants to move their production to Vietnam instead of China.

Mitsui OSK Lines, the largest shipping company in Japan has decided to invest 1.2 billion USD in the project to build international container port in Hai Phong. The decision is given 3 years since the Japanese businesses gradually increase investment in Southeast Asia due to the rising labor costs in China and the territorial dispute between Beijing and Tokyo causes many complex issues to incur.
The International Container Terminal Project in Hai Phong is implemented by the Tan Cang Saigon Company, partner Molnykit (Japan) and Hai Phong International Container Port, in the form of public-private partnership (PPP) and under the guidelines the Government of Vietnam and Japan.
According to  the Financial Times, the terminal will start operation in 2018 and double the port’s current capacity to serve the needs of the growing electronics manufacturer industrial zones near Hanoi.
Currently, the situation that many Japanese companies close their factories in southern China and moved manufacturing operations to areas with cheaper labor costs in Vietnam.
Since the protests against Japan exploded in major cities of China in 2012, investing activities of Japanese companies in Southeast Asia surged. The foreign direct investment from Japan to ASEAN reached more than 20 billion USD in 2015, according to Government data, and exceeded total foreign direct investment in China, Hong Kong.
Results from an annual large-scale survey of Japan External Trade Organization showed that the proportion of Japanese companies want to expand production in China fell below 40% since 1998.
According to another report from Mizuho Research Institute, after surveying the opinions of more than 1,000 Japanese manufacturers, it is showed that Vietnam was the top destination among 12 countries participating in TPP Agreement for companies who want to increase their investment.
Vietnam is also one of the countries in which Japanese firms considered ideal to build the factory if they move production out of China’s territory.
Many reports estimate the total domestic product of the ASEAN countries will increase from the current rate of 2.6 trillion USD to 5.8 trillion USD in 2025. The rising labor costs in China are changing the conception of the Japanese business community on the role of ASEAN in the global supply chain. Vietnam is really an emerging heaven of electronic products. This fact will completely change the macroeconomic outlook of Vietnam.
In addition to the prospect to become the center of merchandise exports to Europe and the United States, Vietnam can also directly supply goods to the ASEAN markets in the context of mass population is about to reach 700 million people.