The term of “foreign investor” or “foreing-invested business” is quite similar between the Law on Enterprises 2005 and the Law on Investment 2005. At the time of issue, many people argued that Viet Nam has created a united and equal legal environment between types of enterprises and investment capital. However, over a short period of operation, the idea of a consistent and equitable legal environment has gradually disappeared.
From the end of 2010 until now, lawyers specializing in business and investment consultancy received many legal inquiries for Vietnamese enterprises to invest abroad, with different investment scales.
Attracting Foreign Direct Investment (FDI) through mergers and acquisitions (M&A) has not been smoothly implemented, due to problems related to legal procedures.
Assigning the authority to interpret the law to the court is also concretizing the Party’s position on judicial reform. Interpretation of the law through judicial practice is the most effective way to guide united application of law, the motivation to develop case law and makes every case law more meaningful practice.
After a short period of application of the Law on Investment, a number of legal documents have explained or guided the application of the terms “Foreign investors” and “Enterprises with foreign investment capital” in different directions. This restricts the flow of foreign investment into Vietnam, through the form of share purchase and merger of enterprises.