Latest News & Events
EU-Vietnam Free Trade Agreement: What’s in it for SMEs? and insights on SME support law
On 22 June 2017, Nicolas Audier participated in the EuroCham conference, “EU-Vietnam Free Trade Agreement: What’s in it for SMEs? and insights on SME support law”. The event gathered four of EuroCham’s executives and leading experts who discussed the impact of the European Union-Vietnam Free Trade Agreement (EVFTA) on small and medium size enterprises (SMEs) in Vietnam, including Nicolas Audier of Audier & Partners, Hanh Tran of DFDL, Thomas McClelland of Deloitte and Valentina Salmoiraghi of IPR hub. Nicolas Audier addressed a speech on past and future Vietnam – EU commercial relationships. After describing the current dynamic relationship between the European Union and Vietnam, he underlined the different steps accomplished in order to approve and sign the EVFTA and presented the immediate and future impacts of the implementation of the EVFTA, including the outlook over the next decade.
Positive impact of the EVFTA at the Vietnam Business Forum
Nicolas Audier outlines the positive impact of the EVFTA at the Vietnam Business Forum On 16 June 2017, Nicolas Audier (Vice-chairman of the EuroCham) presented a speech at the mid-term Vietnam Business Forum (the “VBF”). The VBF is a structured and ongoing policy dialogue between the Vietnamese government and the local and foreign business communities.Mr. Dang Huy Dong Mr. Nguyen Chi Dung, Deputy Minister of Planning and Investment, attended the mid-term VBF with other top officials of Vietnamese ministries.Nicolas discussed several aspects of the Free Trade Agreement between the European Union and Vietnam (the “EVFTA”), which is expected to enter into force next year.Among other things, Nicolas emphasized that the EVFTA will help Vietnam to develop higher quality services, modern management practices and better training for local employees. In addition, the EVFTA will require improved standards on social responsibility, transparency, environmental protection and quality standards; all contributing to increased confidence of European and worldwide investors in the Vietnamese market.Nicolas concluded by reiterating EuroCham’s commitment to support Vietnam in the successful implementation of the EVFTA and in building a new and stronger economy.
M&A Market: Antoine Logeay on legal reforms and opportunities for investors
Antoine Logeay, as Vice-Chairman of the Eurocham Legal Sector Committee, was interviewed by the Vietnam Investment Review on 6 March. Journalists from the Vietnam Investment Review (Dau tu Chung khoan) interviewed Antoine about the recent publication of the 2017 Eurocham Withebook on Trade/Investment Issues and Recommendations. In relation to the lack of guidelines for the implementation of sub-laws in M&A, Antoine underlined one of the main issues: the fact that decisions of the Vietnam Competition Authority are not publicly disclosed, which means that investors lack clarity concerning their rights and obligations in anti-trust procedures. In addition, Antoine highlighted some issues related to licensing procedures as supervised by local authorities. For instance, the requirement that newly appointed directors of an acquired company must provide a copy of their criminal record. While this request may be reasonable to ensure that the proposed directors are not disqualified from appointment, the procedure to obtain such criminal record may be lengthy in practice and can severely delay the management transition. To see more details go to:http://tinnhanhchungkhoan.vn/mua-ban-sap-nhap/eurocham-thi-truong-ma-nang-dong-va-nhieu-co-hoi-180053.html
EuroCham executive board members meeting with Deputy Prime Minister Pham Binh Minh
On Friday, 3 March 2017 the executive board members and chairmen of various Sector Committees of EuroCham were received by the Deputy Prime Minister, Pham Binh Minh. During the meeting, the representatives of EuroCham reaffirmed their commitment to supporting and promoting European businesses in Vietnam. The publication of the Whitebook is one of EuroCham’s key activities in implementing this commitment. This publication reflects the objective of the European business community to support the Government of Vietnam in improving its legal framework and enhancing the business environment in Vietnam, bringing benefits to businesses, investors and Vietnamese society in general. A major milestone in the development of relations between Vietnam and the EU is the signature of the Vietnam-EU free trade agreement, which will come into effect in 2018. Nicolas Audier attended this meeting as an executive board member of EuroCham. Indeed, he has been acting as a special trade advisor in Vietnam for the French Ministry of Foreign Affairs since 1999. He is actively involved in the preparation of the Whitebook and he is also a member of the French Chamber of Commerce and Industry in Vietnam. He is frequently appointed as a foreign expert in Vietnam to advise on the drafting of laws and regulations. Nicolas Audier presented the Deputy Prime Minister with some of the key recommendations of the 2017 Whitebook on Public-Private Partnership. He took the opportunity to raise some concerns related to the poor record of the Vietnamese courts on the recognition and enforcement of foreign arbitral awards and also mentioned the lack of clarity concerning investors’ rights to mortgage land use rights, and the lack of clear provisions on the State’s guarantee to balance foreign currency requirements. Deputy Prime Minister Pham Binh Minh highly appreciated the role and activities of EuroCham in recent years as a bridge between the Government of Vietnam and the European business community, actively participating in the development process in Vietnam. The following, among others, also attended the meeting: Bruno Angelet, EU Ambassador; Michael Behrens, Chairman of EuroCham; Tomas Andretta, Vice Chairman; Soren Roed Pertersen, Chairman of NordCham; Joaquim Torrinha, communication and marketing manager; Almut Roessner, executive director; Amanuel Flobbe, Chairman of the Information, Communication & Technology Sector Committee; Do Thu Thuy, Vice Chairwoman Transportation and Logistics Sector Committee.
2016 Seminar on International Arbitration
On 24 September 2016, Nicolas Audier, Bernadette Fahy and Antoine Logeay, working in cooperation with distinguished law professor Dr. Nguyen Minh Hang, presented a one-day seminar on international arbitration organized by the Vietnam Bar Federation and the French Embassy. Around 60 Vietnamese lawyers participated in the seminar, which qualified as a compulsory professional training course, and provided an opportunity for the presenters, and participants, to share their professional experience and expertise in international arbitration. During the seminar, participants worked together in groups to review and analyse practical case studies (including mock supporting documents) and to present legal arguments, for both the claimant and the respondent, regarding the validity of an arbitration clause and the competing jurisdiction claims between two international arbitration institutions; and to determine if a business activity is qualified as an investment under a typical definition in a bilateral investment treaty. The participants also had the opportunity to discuss with the presenters on new or controversial topics, such as the Permanent Tribunal for the settlement of investment-related disputes to be established pursuant to the Vietnam – European Union Free Trade Agreement; Article 420 of the new Vietnamese Civil Code and the upcoming entry into force in Vietnam of the Vienna Convention on the International Sale of Goods. The seminar gathered not only lawyers but also representatives of arbitration institutions and leading academics. Audier & Partners would like to thank all the participants for the extremely interesting and constructive discussions during the seminar. Audier & Partners is also grateful to the Vietnam Bar Federation and the French Embassy for the efficient organization of this event and for allowing us this opportunity to share our valuable skills and experiences in this exciting legal field. We are looking forward to further opportunities to share our experience at similar events in the future. You can download A&P’s presentation by following this link: 24092016-Arbitration-Seminar.pptx