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Friday 21 October 2011

Vietnam – News and Regulations




Massmann, Oliver <OMassmann@duanemorris.com> Tue, Sep 27, 2011 at 6:42 PM
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Please see our News for today and find attached our Legal Updates for your information.




INVESTMENT - UK businesses seek investment opportunities in Vietnam
VOV
Many UK businesses and Vietnamese experts gathered at a seminar in Liverpool on September 21 to promote trade and investment in Vietnam.
The seminar was held by the Vietnamese Embassy in the UK and Northern Ireland, the Liverpool Chamber of Commerce and the UK Trade and Investment (UKTI).
UKTI trade adviser Peter Thompson said Vietnam is a dynamic and potential market. After the two countries signed a joint declaration on strategic partnership in 2010 bilateral trade has increased considerably. The UK is currently the Vietnam's second largest trade partner in the European Union.
Vietnam's exports to the UK were estimated at $1.3 billion and imports at $315 million in the first seven months of this year.
Vietnam Airlines will open the Hanoi-HCM City-London air route as from December 9, 2011 to facilitate cooperation in trade, investment, tourism, education and training between Vietnam and the UK.

Viet Nam, Netherlands strengthen defence ties
HA NOI — Besides co-operation in national defence, Viet Nam and the Netherlands should continue expanding co-operation in other fields, Prime Minister Nguyen Tan Dung told visiting Dutch Defence Minister Hans Hillen.
Speaking at a reception in the capital city yesterday, Dung put emphasis on economy, investment, coping with climate change and managing water resources as fields in which the two sides needed to focus on.
The Prime Minister applauded results between Hillen and his Vietnamese counterpart Phung Quang Thanh, in which a memorandum of understanding on national defence co-operation and an agreement on co-operation in defence materials were signed.
Dung said he wanted the two defence ministries to cooperate more on defence techniques aimed at the navy, exchanging experiences in military training and raising national defence capabilities.
In response, the Dutchman affirmed that his country's Defence Ministry would cooperate closely with Viet Nam to implement signed documents.
Priority would be given to speed up co-operation in national defence, sharing experiences in military training and providing relief for victims of natural calamities, he said.
Heavily affected by climate changes, Hillen suggested that Viet Nam and the Netherlands cooperate more actively in coping with aspects related to rising sea levels amongst others.
Earlier, the two defence ministers also agreed on strengthening the exchange of visits between delegations at different levels, participating in United Nations peacekeeping activities and establishing relations between military enterprises from both countries. — VNS


PM demands greater quality FDI
VIR
Prime minister Nguyen Tan Dung has demanded the strict management of foreign direct investment nationwide.
Dung's directive aims to improve the quality of foreign direct investment (FDI) projects and encourage projects which apply state-of-art and environmental friendly technologies.
New FDI projects must effectively utilise natural resources, reinforce linkages with domestic enterprises, and lure more investment into auxiliary industries, agriculture, preferential services, IT and hi-tech industries.
Dung ordered local authorities not to grant investment certificates to energy and natural resource intensive projects. Projects which use outdated technology and pollute the environment are also prohibited.
Dung asked ministries and local authorities to make preferential investment policies and "improve
the quality" FDI appraisements as well as effectively apply investment certification and management decentralisation procedures.
Dung noted the importance of efficient FDI flow management as well as inspection of large-scale projects.
The Ministry of Planning and Investment was assigned to work with other ministries and localities to raise the efficiency of FDI attraction, spending, and management during 2011-2020. Meanwhile, the Ministry of Industry and Trade is in charge of drafting a project to better state management and FDI focus in the areas of supporting industries, electricity and commerce during 2011-2020.
The Ministry of Natural Resources and Environment is responsible for raising the efficiency of the state management in the areas of land, environment, and consumption of natural resources and minerals.


Polish firms explore local opportunities
Bloomberg
A multi-sector delegation of Polish companies met executives of more than 60 Vietnamese companies in HCM City on September 20 to seek trade and investment opportunities.
The visiting companies mainly specialise in manufacturing machinery for the food industry, trailer and truck chassis, pumps, steel, poultry products and pharmaceuticals.
Nguyen The Hung, deputy director of the Vietnam Chamber of Commerce and Industry's HCM City branch, said with a population of nearly 40 million and per capita income of more than 18,000 USD per year, Poland Is a promising market for Vietnamese products.
Bilateral trade between Vietnam and Poland has increased considerably in recent years, reaching 400 million USD last year, of which Vietnamese exports made up a much larger part.
Vietnam mainly exports garments and textiles, agricultural products and seafood to Poland. It imports machines, equipment, milk powder and medicine from the country.
Polish enterprises have invested in eight projects in Vietnam worth a total registered capital of roughly 100 million USD.
Poland has been an important partner of Vietnam in Eastern Europe for long, Hung said.


ECONOMY - Update 1 - Vietnam's GDP in Jan-September grows 5.76pct: GSO
Vietbiz24         
Vietnam's GDP (gross domestic product) in the first nine months of this year is estimated to have reached 406.308 trillion dong (basing on the base price in 1994), up 5.76 percent from the same period last year.
According to the real price, the country's GDP in January-September is estimated to have reached over 1,700 trillion dong, general Statistical Office (GSO) reported on Wednesday September 21.
This figure is lower 0.76 percentage points against the GDP growth in last January-September.
Particularly, the growth of agro-forestry and fisheries sectors in January-September is estimated to have increased 2.39 percent year-on-year and the rise of industry and construction sectors at 6.62 percent and service segment at 6.24 percent.
In the first nine months of 2009 and 2010, the country's GDP growth was 4.59 percent and 6.52 percent respectively.
Earlier, according to the data from GSO in the first six months of this year, the country's GDP growth was 5.57 percent year-on-year.
The country's GDP growth targeted by the government for this year is 6 percent.


Vietnam set cash up to 20pct of the national reserves
Vietbiz24
Vietnam has set cash reserve at 20 percent of the national reserves, according to the national reserve development strategy in 2020 proposed at a meeting on Wednesday chaired by minister of Finance Vuong Dinh Hue.
During the meeting, the State Reserve Agency under the Ministry of Finance said that it has prepared the strategy to develop the national reserves in 2020 to ensure that by 2015, total national reserves reached about 0.8 to 1 percent of GDP and 1.5 percent of GDP by 2020, of which the cash reserve was set to reach 10-20 percent of the national reserves.
At the same time, the participants of the meeting also proposed that Vietnam should not include fertiliser products, liquefied natural gas to the list of items to stock in the current period because local firms have stable production of those items, fully meeting the consumer need, if any changes in macro policies, the government will support for reserves of these commodities.
In addition, most participants of the meeting recommended that the government should not make direct reserves for crude oil.
Also, the meeting clarified the basis of the need to take a number of lists such as equipment on the sea, weapons of all kinds, precious materials into the national reserves.
Adjustments of a number of agricultural products were made at the meeting such as: salt, seeds, vaccines, veterinary drugs, plant protection drugs and others.

FINANCE - Vietnam's 5-year bonds drop before inflation report; dong gains
Bloomberg
Vietnam's five-year bonds fell the most in more than two weeks before an inflation report due this week.
Consumer prices climbed 23.02 percent in August from a year earlier, the fastest pace since November 2008, official data show. The general Statistical Office is due to publish data for September by Saturday.
The yield on five-year government notes rose two basis points, or 0.02 percentage point, to 12.47 percent, according to a daily fixing from banks compiled by Bloomberg. That's the biggest increase since September 7.
"The trend is still unclear and investors are waiting" for the inflation report, said Nguyen Thanh Danh, a HCM City-based money-market dealer at Saigon Thuong Tin Commercial Joint-Stock Bank.
The dong strengthened 0.1 percent to 20,812 per dollar as of 3:20 p.m. in Hanoi, according to data compiled by Bloomberg. The central bank fixed the reference rate at 20,628 today, unchanged since August 24, according to its website. The currency is allowed to trade up to 1 percent on either side of the rate.

US dollar price rises to 21,200 dong on free market
Vietbiz24
The US dollar free market has started showing signs of stress as the US dollar price on this so-called black market continued to rise up to 21,200 dong/US dollar on Friday.
In this morning September 23, Thien Quy Jewellery Shop at Au Co Street, District 11, HCM City said the dollar price strongly rose 30 dong to 21,200 dong (selling) and 21,120 dong (buying).
Yesterday afternoon September 22, the dollar price of the HCM City free market already exceeded 21,000 dong/ US dollar.
A currency exchange shop in Ben Thanh Market area, said the bid and ask price of dollars stood at 21,120 and 21,170 dong. Meanwhile, a gold shop in the area of District 5, said the bid and ask dollar price stood at 21,130 -21,180 dong/US dollar.
On the Hanoi market, in the morning of September 22, the US dollar bid price rose 30 dong to 21,080 and ask price increased 20 dong to 21,100 dong.
This morning, the State Bank of Vietnam kept the inter-bank average exchange rate unchanged for the 26th consecutive session at 20,628 dong/US dollar.
US dollar prices quoted at commercial banks remained unchanged. The selling price was still at the ceiling kept by the State Bank at 20,834 dong/dollar, while the buying price was lower by from 4 to 24 dong.
According to an economist, the exchange rate is expected to get more tense in the fourth quarter because in the last months of the year, demand for dollars to import consumer goods for Christmas, New Year and Chinese New Year often increases highly.
In addition, businesses' US dollar loans in the first half of 2011 falling due at the end of 2011, which will make demand for dollars increase on the free market when banks cannot provide enough dollars.


ENERGY - New high hopes raised on bot power projects
Vietnamnet
The construction of two BOT power projects: Hai Duong and Mong Duong 2, just within a week, has once again raised the high hopes on the returning of the investments under the mode of BOT (build-operation-transfer).
After six years of negotiation and preparation, the construction of the main unit of the 1120 MW Mong Duong 2 power plant project, capitalized at 1.95 billion dollars was started last week. This has been described as the good news for the Quang Ninh province’s economy and for foreign investors as well, because this shows that foreign investors now can find good opportunities when investing in the power sector.
At the ground breaking ceremony of the Mong Duong 2 power project, Deputy Minister of Industry and Trade, Le Duong Quang, emphasized the important role of the plant in the implementation of the power generation development strategy in 2006-2015 and of BOT power projects.
The BOT invested Phu My 3 power plant was completed in March 2004. After that, the Phu My 2.2 power plant was completed in November 2005. And none of the project had been kicked off until now.
Prior to that, on September 9, the 1200 MW Hai Duong Power Plant project was also kicked off.
Both of the two power projects with big designed capacities of 1200 MW have the project development undertaken by foreign investors under the mode of BOT. Therefore, they have caught the special attention from the public.
The BOT Mong Duong power project will be developed by the US AES Group, South Korean Posco Power, and Chinese CIC which contribute 51 percent, 30 percent and 19 percent of capital, respectively.
Initially, the project was developed by the US AES and the Vietnamese Coal and Mineral Industries Group (Vinacomin). However, Vinacoal later decided to give up the project, and AES quickly found out new investors – Posco Power and CIC which not only overtook the 10 percent of stakes from Vinacomin, but also contributed more capital to raise their ownership ratios to 49 percent.
Becoming a 100 percent foreign invested project, but the conditions of the project implementation were negotiated on the basis of foreign-invested BOT project. Therefore, the new investors of Mong Duong 2 did not meet with any difficulties in having the investment license amended.
Just one month after getting the new investment license in July 2011, the investors completed the arrangement of the loan worth 1.46 billion dollars from KEXIM and KSURE and 12 international commercial banks.
Paul Hanrahan, President and CEO of AES Group, said that with the project, the investors want to make their contribution to the sustainable development of Vietnam’s economy. He has also revealed that the EPC contractor of the project is Doosan Heavy Industries Vietnam Co. Ltd and its subsidiaries.
As planned, the Mong Duong power plant will be put into commercial operation in July 2015 and generate 7.6 billion kwh or electricity a year. After 25 years of operation, the Mong Duong BOT power plant will be handed over to Vietnam.
As such, if both the Mong Duong 2 and Hai Duong projects can be completed on schedule, the national power grid will have 15 billion kwh of electricity a year which will serve the socio-economic development of the country.
As such, it took the two BOT projects six years at maximum to complete the steps of the negotiation process. Commenting about this, experts say that the time needed to negotiate for a BOT power project still has not been shortened as expected, if compared with the two projects of Phu My 2.2 and Phu My 3 conducted 15 years ago.
Sources say that nine other BOT power projects are under negotiations and Vietnam has high hopes to speed up the negotiations to soon start the construction.
Under the power generation plant development system in 2011-2020, Vietnam needs five billion dollars a year in investment capital.


Energy association backs EVN in seeking financial sources
Vietnam Energy Association (VEA) has proposed to the government and relevant agencies on seeking preferential loans for the Electricity of Vietnam Group (EVN) to speed up the pace of energy projects that are under construction, according to newswire Vnexpress.
According to VEA, in fact, the pace of most power projects, such as Nhon Trach 2, Hai Phong 1, 2, Quang Ninh 1 and Duyen Hai, has been delayed because of weak capacity, inexperience and finance issues of contractors.
VEA said that the provisions on allowing maximum lending 15 percent of equity for each enterprise and the short term capital use ratio for long-term loans at maximum 30 percent have impacted the capital mobilization of commercial banks for energy projects, especially key projects that are scheduled for long-term construction.
Therefore, VEA proposed the government to allow EVN to sign commercial loans and soft loans with suitable lending interest rate to invest in its power without appraisal and collateral, at the same time expand the domestic soft loans for all power projects.
In addition, according to VEA, Chinese contracts will be allowed to join support sections only when they win bidding contracts as prescribed.

In tenders, financial capacity and experience should be given priorities rather than auctions as in the past.
VEA stressed that it is necessary to encourage contractors and investors in the group of G7 countries and EU to strongly develop coal-fired thermo power sources.
When those foreign investors investing in Vietnam under the form of BOT (build-operate-transfer), BOO (Build-Own-Operate) and IPP, if they have enough capacity, experience, and finance, it will be better to choose investors from developed countries.
Burdened with debts
As of August 2011, EVN has posted total accumulated loss of about 31.565 trillion dong, according to Dinh Quang Tri, EVN’s deputy general director. EVN’s solvency is very difficult because the group cannot balance its capital sources for debt repayment, Tri said.
Currently, EVN owes many other economic groups such as Vietnam National Oil and Gas Group (PetroVietnam) with over seven trillion dong debt, Vietnam National Coal and Minerals Industries Group (Vinacomin) with 10 trillion dong and Song Da Group with over 5.5 trillion dong.
Many economic groups are proposing the Ministry of Industry and Trade to urge EVN to repay for debts.
EVN has recently sent documents to the government asking to give priorities in repaying for foreign debts totally at about 4-5 trillion dong per year.
If EVN is allowed to hike electricity price, it will use the difference in power price to repay for debts at PVN and Vinacomin.
But the Ministry of Finance has urges EVN not to raise rates more than once per quarter due to possible negative impacts on the economy, Vietnam News Agency quoted minister of Finance Vuong Dinh Hue as saying.
Hue has sent a document to minister of Industry and Trade Vu Huy Hoang responding to Hoang’s proposals on taxes, fees and prices for a number of commodities, including electricity.
In the document, Hue agreed in principle that electricity rates needed to increase to reflect actual costs, but the rate and timing of increases needed to depend on the economic situation.
In the current economic situation, he said, EVN needed to co-ordinate with the ministries to establish a general plan for increasing electricity rates based on input costs, such as coal prices.
The plan should consider specific economic impacts on major industries from increase in electrical rates, Hue said.
EVN arm eyes divestment
EVN Telecom, a subsidiary of state-owned Electricity of Vietnam (EVN), is submitting to the government a plan to sell its stake to Vietnam Multimedia Corp or Vietnam Television Corp (VTC), Dau Tu newspaper reported.
Initial information said that EVNTelecom will sell 12 percent stake to VTC. VTC plans to spend an amount of VND800 billion on this deal.
In January 2011, the government agreed the plan to make equitization for EVNTelecom whereby EVNTelecom will sell a part of state holding to strategic investor and offer preferential shares to the employees.
Of which, EVN will hold 50.6 percent stake, 0.4 percent stake will be held by the employees and 49 percent stake for FPT Co and FPT Telecom Joint Stock Co (FPT Telecom).
However, FPT would like to hold 60 percent stake in EVNTelecom, therefore, FPT withdrew this deal although the group had already deposited over 700 billion dong for this trade deal.

Presently, FPT is not sure when to take back the deposit.
EVNTelecom manages and develops mobile and fixed phone services and internet.
Currently, It has over 4.7 million subscribers including both mobile and landline users.
EVNTelecom’s 3G network has covered 63 provinces and cities but it is only providing basic services in HCM City, Hanoi, Hai Phong, Da Nang and Can Tho.


Vietnam will not issue licenses to projects that ’waste energy’
Bloomberg
Vietnam says it will not issue licenses to foreign-invested projects that “waste energy”, use outdated technology or pollute the environment, according to a statement posted on the government website today.
The government will give licensing preference to high- technology projects and ones that are “friendly to the environment,” the statement said.
Prime Minister Nguyen Tan Dung has ordered ministries and provinces to step-up monitoring of projects to ensure they meet the guidelines, according to the statement.
Raising electricity price would mean “putting more oil into the fire”
Businesses and households are now in a state of anxious suspense after the Electricity of Vietnam proposed to raise the retail electricity price. Meanwhile, analysts comment that raising electricity price at this moment would make the situation more serious.

Electricity price hike will come contrary to the government’s plan
TBKTSG
Right after the Circular No 31 by the Ministry of Industry and Trade, guiding the implementation of the electricity market pricing mechanism, the Electricity of Vietnam (EVN), the only electricity retailer in Vietnam, has asked for the permission to raise the electricity price from September 2011.
Duong Quang Thanh, Deputy General Director of EVN, said that it is necessary to raise the electricity price now, or EVN will continue incurring losses and Vietnam will not have capital to build more power plants.
However, analysts comment that helping EVN escape from losses is not the most important task at this moment. If the electricity price increases, this would lead to the increases of a series of other goods and services. And if this happens, the move will come contrary to the government’s plan to curb the price increases of essential goods and prevent the possible “price fever attacks” in the last months of the year.
The analysts have every reason to worry about a possible price increase wave, if the proposal to raise the electricity price is approved. Right after the increases of electricity and petroleum prices in late March 2011, the consumer price index (CPI) in the next two months skyrocketed.
The scenario would repeat now, and the inflation which has been eased a little recently, would be more serious, if the electricity price is lifted once again this year.
They have also pointed out that in the electricity pricing, it is necessary to weight the pros and cons for the sake of the whole national economy, not just for the benefit of one enterprise. For a long time, EVN has been enjoying preferences from the State, including the ones in accessing ODA (official development assistance) cheap loans. They can purchase coal and gas for power generation plants at low prices.
It is clear that the electricity price increases would bring bigger revenue to EVN. However, the price that the national economy has to pay for the profit of EVN will be heavier by tens of times.
It is really unreasonable to raise the electricity price now, when basic factors in the national economy allow to keep the prices stable. The dong/dollar exchange rate has been stable since April. The oil land petrol price increases in the world do not have big influences on the electricity price in Vietnam, because Vietnam has been relying on hydropower plants and gas and coal run power plants, while the supplies of coal and gas have been stable in prices.
What prices are right?
When proposing to raise the electricity prices, EVN always stresses that the electricity price must be the “market price”, i.e it must truly reflect the production costs based on the market conditions, instead of the prices which are below the production costs.
However, the problem is that it is still unclear about what the “market price” means, because the input costs for the electricity production remain unclear.
If comparing the current retail price in Vietnam with the electricity price at which EVN is buying from China, one would see that the retail price in Vietnam is not too low. Why has EVN still been incurring such heavy losses, then?
In fact, there are still many questions which remain unanswered. The consumption levels of input energy of thermopower plants prove to be very different. Is it because the investors use backward technologies and equipments?
The question about the investment rate also remains unanswered. Several months ago, EVN once asked PetroVietnam to help check bidding documents to find out why the thermopower plants invested in EVN are 100 million dollars more expensive than that invested by PetroVietnam.
According to EVN, in the first eight months of the year, the total electricity output and purchased volume was 69.411 billion kwh, while the merchandise electricity was 61.723 billion kwh only, which means that 7.67 billion kwh. Experts have pointed out that high loss percentage in transmission is also an important reason behind the high production cost.


RESOURCES - MOF to inspect imported petrol prices
The Ministry of Finance (MoF) has established three teams to inspect the prices of imported fuel at four major domestic distributors
The Ministry of Finance (MoF) has established three teams to inspect the prices of imported fuel at four major domestic distributors including the Vietnam National Petroleum Corporation (Petrolimex), PetroVietnam Oil Corporation, Sai Gon Petro Co Ltd and Dong Thap Petroleum Trading Co Ltd (Petimex).
Inspection teams are assigned to look into these distributors' inventory fuel prices as of August 26, 2011 and imported fuel prices from January 1, 2011 to September 15, 2011.
Fuel trading activities and related expenses by these enterprises are expected to be clarified through the inspection.
The MoF is also taking a close look at the use of the Price Stabilisation Fund as of the middle of this month.
This move was part of MoF's efforts to manage this essential commodity more effectively.
Vietnam News Agency is scheduled to conduct an exclusive interview with minister of Finance Vuong Dinh Hue about this matter later today.


Major fuel distributors to be inspected
Tuoitrenews
The Ministry of Finance has established three inspection teams to look into the pricing management of four major fuel wholesalers.
The inspectors will inspect the pricing of fuel imported by Petrolimex, PetroVietnam Oil, Saigon Petro Co. and Dong Thap Petroleum Trading Co. Ltd., other expenses affecting their operation, as well as their use of the Petrol Price Stabilization Fund.
At a conference on fuel price management held in Hanoi on Tuesday, the Ministry of Industry and Trade strongly criticized the Ministry of Finance’s proposal to cut fuel prices on August 26, saying these wholesalers were suffering losses at that time.
Petrolimex, the country’s largest fuel wholesaler, also lamented its loss of VND1.8 trillion (US$90 million) in the first eight months of this year.
However, its Chairman Bui Ngoc Bao on Wednesday admitted to earning profits between VND129 per liter and VND400 per liter at the time fuel prices were cut.
Nguyen Anh Tuan, Deputy Head of the Ministry of Finance’s Price Management Department, said he was skeptical about this giant distributor’s administrative management.
He said customs data was crucial for the finance ministry to reduce retail prices, and data showed Petrolimex was making a profit of VND780 per liter on top of the fixed profit of VND300 per liter allowed by the government.
But as Petrolimex said its profit was only VND440 per liter, Tuan said the ministry’s audit would determine the real profits these wholesalers were enjoying.
Tuan said inspection would begin next week and the results would be accessible to the public.


INFRASTRUCTURE - CapitaLand completes first residential project in Vietnam
Southeast Asia's largest property developer CapitaLand has announced the successful completion of its first residential development in Vietnam, The Vista.
Construction works for the project, which was jointly developed by CapitaLand, Phu Gia Investment Joint Stock Company and Thien Duc Trading Construction Co, commenced in January 2008 and were completed on schedule this month.
"The Vista marks several milestones achieved by CapitaLand in Vietnam. When The Vista was officially launched in October 2007, it received overwhelming response from the Vietnamese. At that time, The Vista also set new benchmarks in Vietnam in terms of its design, landscaping, quality finishes and a comprehensive range of recreational facilities. In addition, The Vista's unique sales gallery was the first-of-its-kind in Vietnam to have mock-up units that provided customers a close simulation of living in an actual apartment in the development," said Yip Hoong Mun, deputy CEO of CapitaLand (Vietnam).
Located in HCM City's District 2, The Vista is a prime residential development close to the city centre. It comprises 750 luxury apartments across five 28-storey towers overlooking the Saigon River and the city. The project also offers 100 serviced residence units and 35,000 sq m of commercial space, including a retail podium.
"By combining the strengths between CapitaLand and the local Vietnamese developers, we are able to deliver a benchmark project like The Vista for the Vietnamese," said Le Nu Thuy Duong, general director of Thien Duc Trading Construction Co.
"The Vista has incorporated good building and design practices established from other CapitaLand international projects while Vietnamese developers add to the success of the partnership with our extensive knowledge in the local real estate realm and our understanding of Vietnamese custom and taste."
Meanwhile, buyers of the residential apartments were recently invited to an Open House at The Vista. Around 350 buyers, along with their families and friends, attended the event.


PROPERTY - Real-estate firms must look to private sector
Vietnamplus
The construction sector needs to intensify technological application and attract investment from non-State-owned sources to better satisfy the domestic demand, according to deputy prime minister Hoang Trung Hai.
Discussing targets set for 2011-15 with the Ministry of Contruction, Hai pointed out that weaknesses in urban area management, the low quality of urban areas, unstable development of the real estate market and inconsistency in construction regulations need to be addressed.
In the next five years, Hai stressed that planning remained one step ahead of population growth and the increasing demand for accommodation in rural and urban areas.
Suitable regulations are also needed to mobilise the maximum amount of social resources for infrastructure implementation, he added.
Minister of Construction Nguyen Dinh Dung said that during the next five years, the sector will focus on improving the quality of construction material production industries and construction equipment manufacturing while expanding construction markets abroad.
At the same time, it will make all efforts to develop urban infrastructure systems, including transportation networks as well as water supply and solid waste treatment facilities.
The ministry would continue its rural planning programmes as scheduled, which will be a fulcra for socio-economic development and narrowing the gap between rural and urban areas.
Plans are currently underway for the ministry to actively cooperate with relevant authorities in inspecting people's abidance by legal documents of investment, housing development and real estate business to timely detect speculation and price distortion activities.
The construction sector has done much to cut public investment, save expenditure, boost social housing programmes and stabilise the materials market, Dung said.
Currently, the average house size per capita is 18.3 sq.m, while 77 percent of urban residents have access to clean water, he added.
To date, the production value of ministerial enterprises has been estimated to have reached 100 trillion VND (4.7 billion USD), a rise of 10.3 percent over the same period last year.


Real estate lending restrictions should continue
The State Bank of Vietnam (SBV) should continue its restriction on loans to real estate projects next year in order to reduce financial risks, said an official.
Unstable property market causes difficulties for banks
Dr Le Xuan Nghia, vice Chair of the National Financial Supervisory Committee said that as much as 70-80 percent of capital for real estate projects comes from banks, and an unstable market has put pressure on them, especially smaller banks.
In many commercial banks, real estate projects account for 30-40 percent of their total outstanding loans. At some banks it is as high as 50 percent.
By the end of June, the real estate sector made up 8.3 percent of banks' bad debts.
Different rules for different banks
After the SBV has applied policies to curb credit growth in the non-production sector, the real estate market slowed significantly.
According to the National Financial Supervisory Committee, in the first six months of this year, bad debt in this sector increased by 37 percent, totalling VND1.766 trillion (USD84.9 million).
Nghia noted that the same lending restriction should not be applied to all banks. Even though the SBV needs to curb credit growth in real estate next year, it should lift the restrictions on banks that do not have liquidity problems.
These banks would be able to make real estate loans which do not surpass 10 percent of loan portfolio.
He added that another reason for flexibility on real estate lending restrictions is that there is a real need for housing.
"Construction of industrial parks, export processing zones and urban areas is of value to the economy. Credit restrictions for these activities has affected the construction material market, leaving steel and cement companies with high inventory," Nghia emphasized


INDUSTRY - Vietnam Steel finally begins equitisation
Vietnamplus
State-owned Vietnam Steel Corporation will re-organize as a joint stock company next month, Chair Mai Van Tinh announced on September 20, vowing no more delays to its equitisation process.
"We've been behind schedule for the past nine months, so the first fiscal year under the joint stock model will begin on October 1 of this year," said Tinh.
The State currently holds nearly 94 percent of the corporation's charter capital of 6.8 trillion VND (328 million USD). As the company equitises, 39.1 million shares, representing a 5.76-per-cent stake, will be sold to investors. Another 29 percent will be offered to foreign strategic investors, leaving the State with a controlling interest of 65 percent.
"We will finish finding foreign strategic partners in the fourth quarter of next year," said general director Le Phu Hung, noting that Vietnam Steel would be offering the maximum interest to foreigners allowed by law.
Vietnam Steel has already received feelers from potential Russian investors such as Novolipetsk Steel Corporation and Evraz Group SA, Hung said.
"Next month, we will learn more about the interest of some major Japanese steelmakers, including Nipon Steel, JSE, Tokyo Steel, Kobe Steel, Mitsubishi and Marubeni-Itochu," he added.
Upon equitising, Vietnam Steel expects to increase its charter capital to 8 trillion VND (386.5 million USD). Expecting earnings this year of 14 trillion VND (676.3 million USD), it targets to pay a dividend of 7 percent on this year's profits and dividends of 9-11 percent over the next two years.


LEGAL NEWS - MOIT's suggestions to help ease difficulties for businesses refused
VietNamNet | Thoi bao Kinh te Vietnam
The Ministry of Finance (MOF) has officially refuted the suggestions made by the Ministry of Industry and Trade (MOIT), on the issues relating to the credit policy to help ease the difficulties burdening enterprises.
MOF has sent a document to MOIT, expressing its disagreement to the suggestions made by MOIT, in an effort to help businesses escape from the current big difficulties.
Regarding the interest rate policy, MOIT suggested that MOF should propose the government to apply a policy allowing to gradually reduce the short term credit interest rates to reasonable levels, and offer preferential interest rates to the enterprises that make products for export and labour intensive enterprises.
MOIT believes that this would be a reasonable solution that can help boost exports now, when the export markets have been narrowed.
In reply, MOF said that the Law on State Bank stipulates that the monetary policies management is the function of the State Bank of Vietnam, and the management of the monetary policies falls within the competence of the State Bank of Vietnam which will take management over the lending to all businesses, not only the enterprises making products for export and labour intensive enterprises.
Also according to MOF, the export credit policy is clearly stipulated in the Decree No 151 dated December 20, 2006, under which some categories of products that listed as the subjects to the state's export credit policy can borrow money at the preferential loans of 11.4 percent per annum for VND loans, and 6.6 percent per annum for foreign currency loans. The loans are disbursed by the Vietnam Development Bank.
MOIT has also suggested allowing the enterprises, which have earnings in foreign currencies, to borrow money in foreign currencies, which will allow the enterprises reduce the capital costs. At present, the VND dong lending interest rates are higher than the dollar interest rates, which make it more profitable to borrow in dollars.
On this issue, MOF believes that it is necessary to consider slashing the proportions of the loans in foreign currencies in the whole banking system in order to settle the dollarisation in the national economy. The current dong lending interest rates are higher than the dollar interest rates, and this should be seen as a reasonable thing in the current circumstances. When banks lend in dollars, they do not face the exchange rate risks, while the dong interest rates fluctuate in accordance with the market performance.
"The current exchange rate is stable, but when designing the interest rate policy, it is necessary to anticipate the exchange rate risks in the long term," the document of MOF reads.
In an effort to help develop key mechanical engineering projects, MOIT has proposed MOF to instruct the Vietnam Development Bank to allocated sufficient capital to the approved projects, and cut down the preferential interest rates applied to the projects to less than 10 percent.
At present, the interest rate of the loans disbursed by the bank to the key projects is considered overly high at 11.4 percent, which is believed unaffordable to mechanical engineering enterprises.
However, the suggestion has been rejected, since MOF believes that the current preferential interest rate of 11.4 percent applied to the projects is relatively low already, if compared with the average market interest rate of 19 percent. MOF believes that no need to ease the interest rates further, or this would create a type of "interest rate subsidy" which would distort the capital market.
Under the current regulations, the Vietnam Development Bank decides the credit limits to be provided to mechanical engineering projects. In all cases, the loans to be disbursed by the bank must not be higher than 85 percent of the total investment capital of the projects.


Stock Transfer and Dividend Tax: A Burden Eased
Vietnam Financial Review
Given the ongoing economic uncertainties, the submission of Official Letter No. 8217/BTC-CST to the prime minister in early June on tax exemptions applicable to stock investors was welcomed by many financial experts as they believe it will relieve pressure on investors amid a tumbling VN Index
According to the Vietnam Association of Financial Investors (VAFI), the stock market is experiencing its most difficult time ever. The VN Index and HN-Index have fallen 20 percent compared with 2010, making the stock transfer tax an important issue. In Vietnam the difference in tax provisions for stock market investments and interest earned on bank deposits is stark, as interest payments are tax-free while the dividends tax stands at 5 percent. So the appearance of the Official Letter has been welcomed by market players.
The Letter proposes that, from August 1 to December 31 this year, stock transfers by individuals will enjoy a partial tax exemption (20 percent is not taxed, or 0.1 percent paid on the total transferred value). Taxes levied on dividends accrued from investments will also be cut by 5 percent during the period. A representative from the Ministry of Finance, however, said that the tax cuts are not applied on dividends from commercial banks, financial investment funds, or credit institutions, as their dividends can be quite high, at more than 10 percent at times.
The sooner the better
From VAFI's perspective, the proposal to cut tax rates will stabilise the stock market and maintain its role in the economy. Once the tax cuts are applied, investors will see the stock market as being more profitable than depositing in banks. Money will then flow into the stock market - a direct funding channel - not the banking system, so entrepreneurs, especially those in production, can access cheaper capital, which is a positive as regards economic recovery. Commercial banks are also pleased because it will ease the pressure on them to limit credit growth to less than 20 percent this year The idea that tax rates should have been adjusted earlier has merit, when comparing Vietnam' stock market with Thailand's.
The Thai stock market is much larger than Vietnam's both in terms of scale and value, with a market value of about $140 billion. The future prospects for the Thai economy are also brighter, with low interest rates, low inflation and a trade surplus. Yet it applies no tax at all on stock transfers and dividends, to promote the market. In Vietnam, meanwhile, with a smaller market scale,of some $40 billion, ongoing high interest rates and inflation and a trade deficit, economic expectations remain gloomy at best. Moreover, the attraction of other investment channels such as gold, real estate or foreign currencies has seen the appeal of the stock market diminish. From 2008 to 2010, value and liquidity in Vietnam's stock market fell 60 percent. Losses among some investors were significant and not helped by the 20 percent personal income tax applied on stock transfers and dividends. "It would be better for the market if taxes on stock transfers and dividends had not been included in the Law on Personal Income Tax when it came into being in 2007," according to VAFI.
Fair play?
"Exemptions on personal income tax from stock transfers and dividends are not fair for all," said Phung Quoc Hien, Chair of the National Assembly's Finance and Budget Committee. Stock transfers, he continued, are a business activity and so should be taxed. Tax reductions are reasonable, he argued, but exemptions should only be applied to urgent cases. Moreover, the Committee believes that tax payable should be calculated on profit levels: the lower the profit, the lower the tax.
Some social activists have also expressed opposition to the official Letter. The Ministry of Finance argues that the cuts to dividend taxes are aimed at bridging the difference between income from bank interest payments and income from dividends. But most depositors are in the middle- and low-income brackets, while financial investors tend to be high-income earners. The Letter therefore benefits the wealthy, and the gap between rich and the poor within society will become greater.
According to estimates from the Ministry of Finance, if the proposal is accepted then in 2011 the tax exemptions will cost VND450-500 billion, or only 8.5 percent of the total tax exemptions the government has planned for this year. The effect of such tax exemptions on the State budget is therefore not overly significant. And because it also stipulate tax cuts for many types of earnings - not only stock investors but also entrepreneurs and employees - it comes with a degree of fairness. The "side effects" are not as great as many believe.
More importantly, tax exemptions on income from stock transfers and dividends have a positive psychological effect. Once the stock market shows signs of recovery, belief in an economic upturn will also come. Vietnam may have the chance to attract more foreign capital and the future of the economy will be brighter as a result.


           
Minimum wage up, income down
VietNamNet | Saigon Tiep Thi
The decision by the government to raise the minimum wage from October 1, 2011, or three months earlier than previously planned, has brought more worries than joys to labourers. Meanwhile, this has also raised the worry about the new wave of strikes.
Businesses cut down allowances to raise salaries
Truong Thi My Duyen, a worker of Starelec Company in the Tan Thuan Export Processing Zone, said that the minimum salary at her company is now at 1.9 million dong. The company once raised the minimum waged once before, therefore, Duyen does not know if the company continues raising the minimum wage this time. If it does, the minimum wage would only increase by 100,000 dong to meet the required level.
The information about the minimum wage increase has made Duyen more worried than joyful. She fears that the company would raise the minimum wage, but would cut allowances.
MD, a worker of Tosok, said that her minimum salary is 1,743,000 dong. Besides, she can enjoy some types of allowances, totalling 2,483,000 dong. The company has informed that it will raise the minimum wage to 2 million dong as requested, but would cut 200,000 dong in allowances. If so, D would have the total income of 2,540,000 dong which include the basic wage and allowances, which means that her income would increase by 57,000 dong only, which is not big enough for her to cover her basic needs.
In principle, when the minimum wage increases, labourers would enjoy higher levels of social insurance and healthcare insurance. However, the benefits will only come later. Meanwhile, in the immediate time, the only thing labourers can see is that their income is decreasing.
Disagreements
Le Thanh Tam, director of the HCM City Department for Labour, War Invalids and Social Affairs, said that the minimum wage adjustment does not have much significance, because the prices of goods and services have increased by 40-50 percent. He said that the most important thing that needs to be done now is to curb inflation, not to raise wages.
Tam has also expressed his worries that the minimum wage adjustment may lead to the increase of strikes.
Nguyen Tan Dinh, deputy Head of the HCM City Management Board of Export Processing Zone and Industrial Zone, said that a lot of enterprises do not build up the salary scale, therefore, the gap between the old and the new salaries is too narrow, which has made workers angry. This is also the main reason behind the tens of strikes recently.
Dinh said that the management board had a working session with the enterprises in industrial zones and export processing zones, where he advised the enterprises, which now offer the minimum wages higher than the stipulated levels, to raise their minimum wages once again. If they do not, they should explain to workers, so that the workers understand and do not go on strikes.
The management board has also advised enterprises to both increase minimum wages and preserve allowances in order to satisfy workers.
The decision on minimum wage increase has not only worried officials, but businesses as well. Huynh Le Khanh, Personnel director of Nissei, said that the company has been applying the minimum wage of 2.2 million dong per month already, which is higher than the required minimum wage. Therefore, the company is still considering if to raise the minimum wage further.
Khanh said that Nissei is still listening to the news, and that if other companies raise minimum wages, Nissei will follow them.
Cu Phat Nghiep, Chair of the Trade Union of Pouyuen Company, also said that the newly recruited workers' minimum wage is now approximately 2 million dong, while experienced workers have the salaries much higher than the minimum wage levels. However, the company still plans to raise the wages further, because it fears that the workers would complain.





Oliver Massmann
Partner








Oliver Massmann
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