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Vietnam

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The Government of Vietnam has released Prime Minister’s Decision No. 11/2017 / QƉ-TTg  as the new official policy for the development of solar power projects in Vietnam.  Decision No. 11 is aimed at attracting the private sector to invest in this hot investment area.  It adopts, among other things, a Feed-in-Tariff (“FiT”) of USD cents 9.35 per kWh for grid-connected projects, as well as a net-metering scheme for rooftop projects, will be applied. However, Decision No. 11 leaves a number of the issues unresolved that will impact the bankability of solar projects, especially for large utility-scale solar power plants.

The Prime Minister recently published a draft Decision regarding Pilot Regulations on the Import/Export of Software Products and Services (“Draft Decision”). The Draft Decision is currently available for public comment. Once adopted, the Pilot Regulations under the Draft Decision are to be in force until 31 December 2020.

Vietnam’s Government has, in 2016, implemented several actions to enforce more control and execute its international commitments in field of customs. Among those, several noteworthy developments are as follows:

  1. Stricter Control on Customs Valuation

In December 2016, the General Department of Customs (“GDC”) issued a number of directives to strengthen the control on customs valuation of 9 commodity groups including:

On November 4, 2016, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 160810723-6723-01] that amends the Export Administration Regulations (EAR) to implement changes in controls on arms and related materiel to Côte d’Ivoire, Liberia, Sri Lanka, and Vietnam. BIS also updates the EAR to recognize the accession of India as a member of the Missile Technology Control Regime (MTCR).

On 6 October 2016, the Eurasian Economic Commission announced that the Free Trade Agreement between the Eurasian Economic Union (EAEU) and its Member States and the Socialist Republic of Viet Nam entered into force on 5 October 2016. The EAEU consists of Armenia, Belarus, Kazakhstan, the Kyrgyz Republic and the Russian Federation. According to the announcement, the Vietnamese government will eliminate 59% of duties on goods from EAEU members immediately and gradually reduce the rates…