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Taiwan - Investment Profile - LNTpartners PDF
Taiwan - Investment Profile - LNTpartners PDF
Profile
Contents
Taiwan Investments Profile in Vietnam.................................................................................. 1
Foreword ......................................................................................................................................................... 4
VIETNAM ....................................................................................................................................... 5
GDP Growth ................................................................................................................................................... 6
Population ....................................................................................................................................................... 6
Key Sector Strengths .................................................................................................................................. 7
Opportunities................................................................................................................................................. 8
Overview of Key Legal Issues ................................................................................................................. 9
VIETNAM- TAIWAN RELATIONS ........................................................................................ 12
Key Taiwanese Organizations ............................................................................................................. 13
ODA and other Government Assistance .......................................................................................... 13
FDI Inflow from Taiwan ......................................................................................................................... 13
Taiwanese Companies in Vietnam..................................................................................................... 14
Key Agreements......................................................................................................................................... 14
LNT & PARTNERS PROFILE .................................................................................................. 15
About Us ........................................................................................................................................................ 16
Our Team ...................................................................................................................................................... 16
Our Lawyers ................................................................................................................................................ 16
Our Practice Groups ................................................................................................................................. 17
Our Rankings............................................................................................................................................... 18
Our Awards .................................................................................................................................................. 19
International Cooperation .................................................................................................................... 20
Our Strategic Partners ............................................................................................................................ 21
Appendix 1 ................................................................................................................................................... 22
Appendix 2 ...................................................................................... Error! Bookmark not defined.
Foreword
Taiwan is one of Vietnams largest investors, having contributed significant foreign
direct investment and official development assistance over the past several years.
Taiwans interest in Vietnam commenced even before Vietnam entered the WTO in
2007; and in 2006, it was already ranked first in FDI contribution (standing at 93 million
USD).
In 2013, the bilateral trade of both countries reached 970 million USD, an increase of
13.3% in comparison to the previous year and placing it as the seventh largest investor
in Vietnam. Taiwanese FDI and ODA began before Vietnams accession to WTO in 2007.
Since the economic downturn in 2008/2009, there has been a year-by-year increase in
the number of Taiwanese businesses entering the Vietnamese market. This is assisted by
the cultural ties between the two countries (including the large population of
Vietnamese people living in Taiwan reaching over 400,000).
The year-by-year increase is expected to continue well into the future as economic ties
between the two countries strengthen.
We hope this profile will give you some insight into why Taiwanese businesses are keen
on expanding their operations in Vietnam and how your business will benefit from also
entering this country of opportunities.
VIETNAM
GDP Growth
Thanks to its strengthening export-oriented economy, Vietnams GDP has been growing
year by year, much of which has been driven by key industries such as manufacturing,
electronics and agriculture.
Population
Vietnam is home to approximately 90 million people and is one of Asias most densely
populated countries. Over 70% of the population resides in rural areas, which rely
primarily on agricultural production.
Vietnam has a young population, with working-age adults representing over 50% of the
population. The younger generation is increasingly aspiring to achieve affluent lifestyles.
And with the introduction of jobs and an increase in wages, young people have more
disposable income, creating an ideal market for new products and services.
This youthful society presents an opportunity to foreign investors, both in terms of
potential markets and also in terms of human resources. The youth of Vietnam are
better educated than their predecessors and they have the drive to achieve a higher
standard of living, which makes them an eager and diligent workforce.
Financial Health
The Vietnamese Government has taken efforts to curb the countrys recent high inflation
rates, which have hampered investment progress in the past several years. These efforts
have been successful and by the end of 2013, Vietnams average annual inflation rate
stood at 6.60%, the lowest it has been in 10 years. As the Government continues rolling
out its fiscal policies to slash inflation, which has decreased further as of early 2014,
investor interest is expected to rise and Taiwanese businesses will benefit from the
ensuing economic growth.
The Governments efforts to achieve monetary stability have also been successful. The
exchange rate of Vietnams official currency, the Vietnamese Dong (VND), has remained
steady over the course of the past couple of years.
Investors can take comfort in that the days of instability in Vietnams economy have
passed. A testament to the countrys positive financial outlook is the year-by-year
increase in the Vietnam Stock Market (VN-Index) and the Governments continued
efforts to tackle its number of bad debts.
one of the worlds largest exporters of rice, cashew nuts, coffee and black pepper. Other
major exports of the country include seafood, rubber and wooden products.
Banking
While the Vietnamese banking industry has traditionally been restrictive against
prospective foreign stakeholders, the Government has recently passed new regulations
that will allow investors to acquire a larger stake in the countrys national banks. The
loosening of these restrictions is expected to drive further interest in this industry as
large infusions of capital will be needed to upgrade the systems, operations and
branches of the current commercial and retail banking system.
Logistics
The growth potential of Vietnams logistics industry has been expanding as a result of
the countrys increasing export turnover. Foreign interest in this industry has been
supported by recent figures provided by the Deputy Minister for Transport, who cited
that local logistics providers are only able to handle 20% of market demand (with the
remaining 80% being handled by foreign companies).
Tourism
For services, Vietnams tourism industry has attracted some of the largest FDI
commitments into the country. In 2012, Vietnam welcomed over 7 million visitors.
These figures, which are growing, make tourism a key growth industry driven by strong
global and domestic demand.
Opportunities
While challenges remain in the countrys regulatory framework, Vietnam remains an
attractive destination for foreign investment not least because of the Governments
efforts to open its market to investors.
Today, almost all investment sectors in the country are open to foreign investors (many
as a result of the WTO commitments) and the rollout of further market openings is
expected to take place within the next 1-2 years. On the agenda is also Vietnams long
awaited entrance into the Trans-Pacific Partnership Agreement (TPP), the conclusion of
which is expected to considerably drive demand for commodities from the country.
It is, therefore, no surprise that in the 2014 ASEAN Business Outlook Survey by the U.S.
Chamber of Commerce, Vietnam was ranked as the second most popular ASEAN
destination for investment (after Indonesia). As a positive outlook, 85% of survey
respondents in Vietnam further expected profits to increase in 2014.
The total amount of FDI has been increasing since 2011 and it is expected to continue in
years to come.
2008
2009
2010
2011
2012
2013
15,428.9
16,345.4
12,100.9
9,914.5
7,854.1
14,272.4
Total number of
FDI projects in
Vietnam
1171
839
833
919
1100
1275
1400
16000
1200
14000
1000
12000
10000
800
8000
600
6000
400
4000
200
2000
0
0
2008
2009
2010
2011
2012
2013
Licenses for foreign investors will be largely granted on the discretion of the ministries.
The process may take approximately anywhere from 3 months (average time for the
service sector) to 12 months (for large-scale projects needing prime ministerial
approval).
However, there has been a proposal to amend the current Law on Enterprises, which is
expected to transform Vietnam into a more investment-friendly environment for
investors. In practice, foreign investors in Vietnam are often required to obtain HS codes
and investment licenses before commencing their business activities. The proposed
amendments will remove these hurdles; instead, foreign investors will only be required
to obtain a Business Registration Certificate in the same manner as Vietnamese
companies. Moreover, the abolition of HS codes will allow businesses to engage in any
business activities (other than those otherwise specifically prohibited such as activities
in weaponry and drugs).
Restrictions
Prior to investing in Vietnam, certain requirements, such as demonstration of financial
capacity and industry experience, will generally need to be fulfilled to the satisfaction of
the authorities.
Furthermore, while investment in a vast majority of sectors in Vietnam is open
nowadays, certain sectors will demand for additional conditions to be satisfied. For
example, projects in sectors that may have an adverse environmental effect (e.g.,
manufacturing) will likely require an environmental impact assessment report.
FDI approval for special services, such as banking, insurance, finance, and securities, will
also be subject to higher scrutiny by the authorities, and satisfaction of more stringent
conditions may be needed
Taxation
There is a double tax avoidance agreement in force between Vietnam and Taiwan, which
allows tax paid in one of these countries to be offset against taxes payable in the other.
Companies are generally subject to the corporate tax rate of 22%, which is applied from
January 1st, 2014 until December 31st, 2015. From January 1st, 2016 onwards, this tax
rate will be lowered to 20%.
Investors may also be able to enjoy preferential tax rates (or even tax exemptions) if
they satisfy some of the range of eligibility requirements set out under Vietnamese law
(e.g., by operating projects in encouraged sectors).
Legal Framework
However, Vietnamese laws are sometimes vague, ambiguous and inconsistent. This may,
at times, lead to inconsistent applications of the law by the authorities. For this reason,
we advise prospective investors to consult with the relevant authorities prior to
carrying out their investment projects if any regulatory ambiguity or inconsistency
arises.
For more information on Vietnams legal landscape pertaining to FDI, please refer to the
2014 IFLR Report by Bui Ngoc Hong, Do Huy and Nguyen Xuan Thuy at Appendix 3.
VIETNAM
TAIWAN
RELATIONS
2008
2009
2010
2011
2012
639
243
670
458
944
14
16
11
17
24
(million USD)
Number of FDI
projects
944
24 25
670
639
30
20
14
243
45817
16
11
15
Amount of FDI
10
Number of FDI
5
0
2008 2009 2010 2011 2012
Key Agreements
1.
The double taxation avoidance agreement in force between Vietnam and Taiwan allows
tax paid in one of these countries to be offset against taxes payable in the other.
14 Taiwan Investments Profile in Vietnam
About Us
LNT & PARTNERS is a leading full-service independently ranked local law firm in
Vietnam with offices in Ho Chi Minh City, Hanoi, Hong Kong (affiliate), and San
Francisco. The firm is among Vietnams most prominent, representing a wide range of
multinational and domestic clients, including Fortune Global 500 companies as well as
well-known Vietnamese listed companies on a variety of business and investment
matters.
Our Team
Our Lawyers
Mr. Huy Do
Dr. Net Le
Practice areas
Compliance
Foreign Investment
M&A
Practice areas
Intellectual Property
Dispute Resolution
Antitrust/ Competition
Practice areas
Corporate
Employment & Benefits
Foreign Investment
M&A
Practice areas
Banking & Finance
M&A
Tax
Practice areas
Practice areas
Antitrust/ Competition
Dispute Resolution
Bankruptcy
Employment & Benefits
Employment & Benefits Tax
M&A
Mr. Su Tran
Practice areas
Real Estate/ Infrastructure
Dispute Resolution
Employment & Benefits
Practice areas
Dispute Resolution
Real Estate/
Infrastructure
Banking & Finance
Practice areas
Japan Practice
Corporate, M&A
Foreign Investment
Practice areas
Corporate Compliance
Foreign Investment
M&A
Our Rankings
PUBLICATION
Asia Pacific
Legal 500
Chambers and
partners
International
Financial Law
Review (IFLR)
PRACTICE AREAS
RANKING
YEAR
Leading Lawyers
2013 / 2012
Corporate/ M&A
Leading Lawyers
2013 / 2012
Dispute Settlement
Leading Lawyers
2013 / 2012
Tax
Leading Lawyers
2013 / 2012
Vietnam Leading
Law Firm
2013 / 2012 /
2011 / 2010
Corporate/ M&A
Vietnam Leading
Law Firm
2013 / 2012 /
2011 / 2010 /
2009
Vietnam Leading
Law Firm
2013 / 2012
Notable
2013 / 2012
Notable
2013 / 2012
Leading Lawyers
2012 / 2011
Project Finance
PLC Which
Lawyer?
2012 / 2011
Our Awards
Vietnam Deal Firm of the Year 2014 Asia Legal Business,
a Thomson Reuters Company, SE Asia Awards 2014
International Cooperation
The Firms partners have established strong relationships with attorneys at
international law firms such as:
US Law Firms
Appendix 1
Key Taiwanese Organizations
1. The Council of Taiwanese Chambers of Commerce in Vietnam
Ho Chi Minh City Office
Address: 340 Chanh Hung Street, District 8, Ho Chi Minh City
Tel: +84-8-5431-3940
Fax: +84-8-3824-3758
E-mail: taiwancouncil@hcm.fpt.vn
Hanoi Office
Address: Room 1701, 17T5 Building
Hoang Dao Thuy Street, Trung Hoa Nhan Chinh Ward, Hanoi
Tel: +84-4-6281-5577
Fax: +84-4-3845-9209
E-mail: ctcvn_north@pchome.com.tw
Appendix 2
Recent Press Announcements
Taiwan to expand investment in Vietnam
June 6th, 2014
http://www.vir.com.vn/news/en/hightlight/taiwan-to-expand-investment-in-vn.html
Taiwanese businesses will expand investment activities and continue with projects in
Viet Nam, said Chairwoman of the Council of the Taiwanese Chambers of Commerce to
Viet Nam Liu Mei Teh.
Ms. Liu Mei Teh was received by PM Nguyen Tan Dung on June 5 on sidelines of the midterm Viet Nam Business Forum 2014.
The PM told his guest that Taiwanese businesses are successful in Viet Nam, making
practical benefits for both sides.
The Vietnamese Government will continue to improve its business environment to
facilitate foreign investors' successful and long-term investment in Viet Nam, including
that of Taiwanese, the Government leader stressed.
He referred to Chinas illegal deployment of its oil rig Haiyang Shiyou - 981 in Viet
Nams exclusive economic zone and continental shelf, which has led to spontaneous
demonstrations in some provinces. Some extremists taking advantage of the events
violated law and destroyed property and estates of some foreign businesses, including
Taiwanese ones.
The Government promptly directed relevant forces to deal with the issue and set up
working groups to support each business and help them re-operate, he added.
Ms. Liu Mei Teh hailed the quick response together with synchronous measures taken
by the PM and relevant ministries and localities to stabilize the situation, ensure
security and safety and create the most possible conditions for Taiwanese businesses
operation.
She suggested the Government further support damaged businesses, especially tax
policy.
She expressed thanks to the Governments assistance, saying it will help foreign
businesses, including Taiwanese ones, operate productively in the future.
Tai Yuen Company Ltd, an affiliate of the Yunlon Group (Taiwan), will invest US$150
million in the construction of a textile plant in the northern province of Ha Nam.
Chi Wei Kung, General Director of Tai Yuen, announced the plan at a working session
attended by provincial officials on Monday.
The director said the plant will cover about 24ha in Dong Van II Industrial Zone, Duy
Tien District, and will employ about 500 local workers. Construction will begin in
August and is expected to be completed within a year. VNS
Taiwan has become Vietnams fifth largest trading partner, according to the most recent
press release of the Ministry of Trade and Industry (MoIT)s Asia-Pacific Market
Department.
Taiwan--the fourth largest exporter to Vietnam--plays a pivotal role in shipping
Vietnamese products to other markets in the US, Asia and Europe, the MoIT says.
However, on the downside, the significantly lower import of Vietnamese goods into the
Taiwanese market, which is ranked 16th among Vietnams biggest importers, results in
an imbalance in trade turnover.
Over the past two decades, Vietnams Taiwanese exports included telephones and spare
parts, garments and textiles, agro-forestry-fishery products, machines, footwear,
ceramics, computers, and electronics.
The MoIT release states that with a total population of 23 million and a US$474 billion
GDP, Taiwan enjoyed an annual economic growth rate of 4.8%.
Currently there are more than 200,000 Vietnamese people living in Taiwan and that will
help promote made-in-Vietnam products in the Taiwanese market.
To penetrate the Taiwanese market, the MoIT says, local exporters should pay due
attention to ensuring food hygiene and safety, increasing product quality, and grasping
up-to-date information on tariff and non-tariff policies.
Major focus should be given to product diversification, export promotion, market
expansion and market studies by organizing and participating in domestic and overseas
trade fairs.
Vietnam Customs reported that Vietnamese exports to Taiwan achieved a remarkable
growth in 2013, earning nearly US$2.08 billion in the first 11 months, equivalent to the
previous years figure.
The countrys export earnings from the Taiwanese market were estimated at US$1.84
billion in 2011 and US$2.081 billion in 2012.
MoIT economists forecast Taiwan will continue to be Vietnams promising export
market in the coming years, especially for three key items telephones and spare parts,
garments and textiles, and seafood.
Mr. Huy Do
Partner
huy.do@LNTpartners.com
San Francisco Office
101 California Street
Suite 2710
San Francisco, CA 94111 USA
Tel: +1 415 633 8831
Fax: +1 415 689 6821
Hong Kong Office (affiliate)
Two International Finance Centre
Level 19, 8 Finance Street
Central, Hong Kong, CHINA
Tel: +85 2 3125 7639
Fax +85 2 3125 7629
www.LNTpartners.com
28 Taiwan Investments Profile in Vietnam