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Investing in Vietnam: Key Legal and Tax Considerations for Foreign Investors

Investing in Vietnam: Key Legal and Tax Considerations for Foreign Investors

Vietnam has emerged as one of Southeast Asia’s most dynamic investment destinations, supported by strong economic growth, a large and increasingly skilled workforce, and deep integration into the global trading system through numerous free trade agreements. Ho Chi Minh City plays a central role in attracting foreign direct investment, particularly in manufacturing, services, technology, logistics, and consumer-related industries. In their article, Nguyen Thi Quynh, the managing partner at Eruditus Legal, Ho Chi Minh City, and Nguyen Thi Hang Nga, a tax partner at Eruditus Legal, Ho Chi Minh City, provide a practical overview of the key legal and regulatory considerations that foreign investors should take into account before investing in the country. Topics covered address investment structures, licensing requirements, corporate income tax, value-added tax, special consumption tax, and import and export duties.

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U.S. Income Tax Treaty Update

U.S. Income Tax Treaty Update

The past 12 months or so have seen an uptick in matters related to the network of U.S. income tax treaties. Perhaps most interesting is a legislative proposal to amend the Internal Revenue Code so that it adopts rules applicable to qualified residents of Taiwan that mirror income tax treaty benefits. The rules would go into effect when the Administration reports to Congress that Taiwan has adopted equivalent rules applicable to U.S. persons investing or working in Taiwan. Other recent events related to U.S. income tax treaties include (i) Senate approval of an income tax treaty with Chile, subject to certain reservations regarding the taxation of direct investment dividends and the imposition of the B.E.A.T. provisions of Code §59A, (ii) the signing of an income tax treaty with Croatia that will require the addition of similar language to the reservation in the treaty with Chile, (iii) announcements that signed income tax treaties with Poland and Vietnam that await Senate action will need to be revised related to double tax relief and B.E.A.T., (iv) the termination of the income tax treaty with Hungary, (v) the start of negotiations of a new income tax treaty with Israel, and (vi) and the completion of treaty negotiations with Romania and Norway, also subject to reservations regarding double tax relief for direct investment dividends and the B.E.A.T. provisions. Nina Krauthamer and Wooyoung Lee tell all.

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