Risk of disputes from transactions through social networks in Vietnam

  Social networks have become popular and become an indispensable part of modern life. Along with the development of the internet, social networking applications are also used by many people as a transaction method to exchange and conclude contracts or business transaction with each other.   When a dispute occurs, it is difficult for the parties to prove the transactions and the parties involved. Hence, it is important to conduct background check on the business counterparts from financial, operational aspects instead of blind belief in the exaggerated advertising or discounted offer from them.

In fact, many individuals and organizations have reported that their partners have denied purchase and sale transactions through social networks and caused huge damages. However, the evidence provided is only messages, icons ... stored in social networking applications that carry many meanings and are easily confused in interpretation. These are quite common electronic transaction disputes today, but there is no strict legal corridor to protect parties with legitimate interests.

The legal system has not kept up with the strong development of the internet business. As a result, it raises a number of complicated issues, beyond the control of legal regulators and creates many difficulties and challenges when business disputes occur over social networks.

Specifically, many individuals engage in commercial activities but does not have a fixed location and do not register business with any authorities.  They might advertise over the internet with buying and selling goods and services without having to be responsible for any consequences for fake products or inadequate delivery of quantity or maybe even scam.

It can be seen that the lack of business registration makes it difficult to determine the truthfulness of the transaction and the competent authorities do not know the information of individuals and organizations transacting on social networks authentication of transaction status on social networks when participating in business.

According to the law, electronic data messages are expressed in the form of electronic data exchange, email and other similar forms according to the provisions of the law on electronic transactions. Electronic is also a source of evidence used as a basis to determine the validity of a transaction. Therefore, it can be seen that in fact transactions via social networks are also a form of electronic transactions with legal value. However, these transactions present a lot of potential risks because it is difficult to prove to the authorities when dispute arise.

Because these accounts can be easily disabled, communications can be deleted or hidden, and the name of the account holder is easy to change. Moreover, when transacting and exchanging via social networks, the parties cannot control whether the person being exchanged is an authorized person or not. The violating party will rely on the above reasons to deny all the content discussed with the partner.

Transactions through social network platform are thriving and are expected to bring value. However, in order to contribute to promoting the sustainable and safe development of this type of business, more legal regulations governing related issues are needed. In addition, in order to limit disputes and risks in these transactions, individuals and businesses need to carefully check the partner information, from authenticity, adverse media, reputation online or engage third party consulting company to verify business registration, search business shareholders information, visit office or operation site for audit, undertake background check, criminal record for protection of interest if the dispute occurs.

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Vietnam exempts visas for citizens of 13 countries

  In order to encourage international tourists to return Vietnam after a long pause due to the pandemic and quickly adapt to the new situation of recovering the tourism industry, gradually bringing the tourism industry back to life, Vietnam Government has issued Resolution No. 32/NQ-CP visa exemption for citizens of 13 countries. This policy is an appropriate solution to bring international tourists to travel to Vietnam and also an opportunity for Vietnam's tourism to recover.

 Subjects exempt from visas are citizens of the following countries: Germany, France, Italy, Spain, UK, Northern Ireland, Russian Federation, Japan, South Korea, Denmark, Sweden, Norway, Finland and Belarus. Accordingly, citizens of these countries will be exempted from visas for 15 days from the date of entry, regardless of passport type, entry purpose, on the basis of meeting all conditions as prescribed by Vietnam immigration law.

Regarding the application period of the visa exemption policy, the visa exemption on entry to Vietnam for citizens of the above countries will be implemented for a period of 3 years, from March 15th, 2022 to the end of March 14th, 2025. Besides, this policy may be considered for extension in accordance with Vietnamese law.

 In addition, to enter Vietnam, visitors need to comply with the requirements on epidemic prevention and control for people on entry. Specifically, visitors must have a negative test result for SARS-CoV-2, must make a medical declaration before entry and monitor their health and apply Covid-19 prevention measures.

 Therefore, it can be seen that Vietnam has created favorable conditions for tourism to gradually approach international tourists in an effective and safe manner. These would gradually improve the economic environment, and bring more potential investors to Vietnam to set up company and make investment.

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Binh Dinh Is Active in Calling for Investment

  Thanks to the early approval of planning and proactive in calling for investment, for many years, Binh Dinh has caught the eye not only of investors in the country, but also internationally to come and invest, set up company in Vietnam.

With its strategic geographical location and synchronous investment in infrastructure, Binh Dinh has become a reliable destination for investors.

Over the past time, the province has actively reviewed and adjusted the planning and developed strategic plans for development in each area; focus on expanding industrial development space, building new industrial zones and clusters, developing raw material areas with high economic value; proactively prepare well for infrastructure, especially land; accelerate the implementation of administrative reform, improve the investment and business environment.

In particular, Binh Dinh consistently implements the policy of selective investment attraction, giving priority to industries and projects using modern technology, high added value and making a great contribution to the state budget, environmentally friendly, use less labor, focus on electronics, processing and manufacturing.

Investment attraction has been and is a key solution for Binh Dinh province to accelerate economic growth. Therefore, solutions to improve the investment and business environment are identified as the key tasks of all levels and sectors.

In the coming time, the locality will continue to focus on inviting domestic and foreign investors with potential and strong brands to invest in key projects in key fields such as tourism - services, infrastructure. transportation, education, health, supporting industry, processing industry, seaport, high-tech agriculture, software production... Prioritize to attract projects with modern technology and friendly to the environment.

In addition, the locality will continue to focus on inviting major investors capable of attracting and promoting auxiliary projects, clean technology projects from Japanese, Korean, US and Western Europe partners... In addition, the administrative reform will continue to be improved, focusing on business registration, construction licensing, investment licensing, land allocation procedures...

Binh Dinh is considered to be a place that meets many conditions, from geographical location to transport infrastructure, including seaports, railways, airlines and Nhon Hoi Economic Zone, which enjoy outstanding mechanisms... This has helped the locality have many opportunities and great advantages to promote FDI attraction in the post-Covid-19 period.

Only in the last 4 months, large foreign enterprises want to pour capital into the locality such as: Mitsubishi Corporation considers building automobile factories; Hyundai Aluminum Vina Company hopes to invest in infrastructure of a high-tech industrial park in Binh Dinh and promises to attract about 60 Korean investors to produce and do business; Cammsys Company (Korea) wishes to cooperate in developing an electric car supply project; The German Group proposed to develop an offshore wind power park with a total capital of billions of USD...

Binh Dinh province is also focusing on the "dual mission" that is to prevent epidemics, develop socio-economic and well implement the key tasks set out.

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Tips to reduce risks when purchasing medical supplies from Vietnam

  As the Covid 19 pandemic is still occurring in many countries around the world, a large number of medical equipment or accessories being Personal Protective Equipment (PPE) such as N95 respirator masks, surgical masks and other items essential to protecting doctors, nurses, others on the front lines of the pandemic are required to be purchased and sold from many different countries to meet the demand for treatment disease globally.

Vietnam is a country that has many enterprises producing medical supplies such as medical gloves, medical masks, which are the focal points supplying goods to many businesses around the world. However, buying and selling quickly, and without researching their partners has caused many businesses to face many risks when purchasing of medical supplies in Vietnam. Here are some tips for buying and selling medical equipment in Vietnam safely and effectively.

Searching for a partner is the necessary work. Currently, to meet the increasing demand for buying and selling medical supplies, many companies switch to the medical supplies business as the broker to take opportunities in this field. It will help the buyer finding a selling partner more convenient because more brokers reach out to buyers.  However, there are many sellers who do not have a valid business registration or are not able to supply the goods, however, they still approach the buyer and guarantee to deliver the goods on request. Many buyers have been deceived by businesses that are not capable of doing business with the deposits, failure to deliver goods, deliver the wrong quality, quantity, ... Therefore, searching for the seller carefully, and undertaking due diligence on the seller with the help of local risk management company will help buyers to avoid the risks of buying the wrong goods.

In terms of product prices, when buying medical supplies from a third party (not directly from the manufacturer), the price of the equipment could increase many times compared to the price offered by the manufacturer.  Sometimes, the brokers could not fix the price because their offering price depend on the buying price they receive from manufacturers or traders while the supply of goods are not guaranteed.  This could create problems for the buyer if the delivery and price have been committed to final clients oversea with hefty fine clauses if breaching the contract.

There are potential medical supplies without origin, or quality assurance, being purchased and sold to the market, therefore the buyer needs to ensure the seller provides qualified goods as their request.

When trading with an unqualified seller, there is a risk that the seller cannot meet the required quantity of the goods, especially in the case of the sellers are not the manufacturer. Because the number of goods produced could not meet the demand, in fact, many manufacturing companies in Vietnam have stopped accepting orders for some time from many customers.  However, many the third-party continue to receive orders from buyers, resulting in an inability to deliver on time or inability to meet the required quantity. When having a request for delivery from the buyer, these sellers will not answer the buyer's questions, refuse to receive phone calls, emails, ... leading to the buyer being inaccessible to the seller at this time which affects the business of the buyer.

Especially in the difficult situation when limited traveling between countries are allowed due to the pandemic, the discussion via electronic means such as Email or social network platforms, ... will help the parties can discuss in an easy way. However, discussion or exchange of information via electronic means, will meet potentially risk when the buyer exchange with another third party (who may not be representative of the seller). In many cases, the parties exchange messages via regular messaging apps, which cannot determine if the subject exchanging is exactly the seller or not. In the event of a dispute when buying or selling goods, this proof is that the message which cannot determine the sender shall not be enough to prove the wrongdoings. Therefore, when exchanging communication, the parties should take precaution steps to verify the other parties ensuring the exchange is carried out properly with the authorized person.

In addition, to ensure the rights in the purchase and sale of medical supplies, signing the sale and purchase contracts is extremely important.  The contracts should be in written and duly signed and stamped by parties.  Trusting in business should be accompanied with legal documents for sustainable business.   When performing the contract in accordance with the regulations of the law will help the parties to limit risks and this is considered as specific legal evidence that forces the parties to comply with regulations and ensure their rights when buying and selling goods, especially international sale goods.

Finally, with significant transaction, the buyer could minimize risks through the helps of local risk management company in Vietnam to undertake due diligence on the seller’s business registration certificate, business location, real operation at site, adverse media check for past wrongdoings and general personal or corporate reputation.

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Vietnam and Denmark promote clean energy development

  Recently, the Ministry of Industry and Trade of Vietnam has cooperated with Denmark on clean energy development. Denmark has contributed to provide an important foundation for economical and efficient use of energy in Vietnam.

Another important cooperation content of the Vietnam - Denmark Energy Partnership Cooperation Program is the biennial publication of the Vietnam Energy Outlook Report. This report emphasizes energy efficiency as a cost-effective tool for Vietnam's green transition to 2030 and 2050 and recommends investment in energy-saving technologies because of this technology will be more cost effective due to the significant savings in fuel costs. Economical and efficient use of energy has many benefits, including major benefits to society such as reducing environmental pollution and enhancing national energy security.

Vietnam is a country with the potential to develop clean energy such as wind energy, solar energy, tidal energy, ... with the advantage of being a country adjacent to the sea, near the equator, with high hours of sunshine in a year, these are enough for Vietnam to become a country with a sustainable clean energy base. However, due to many objective factors, Vietnam has not been able to make good use of this resource. The limitation in science, technology, engineering and finance makes the clean energy sector in Vietnam not really focused on development.

Denmark is a European country with many years of experience in clean energy development. After many years of researching the clean energy market in Vietnam, many Danish investors have found the benefit and the ability to develop this field. With the goal of developing clean energy, providing energy efficient and safe platforms. Meanwhile, Denmark has many companies in wind and solar power and is very interested in market entry into Vietnam market through setting up company, or manufacturing in Vietnam.

In addition, Danish investors also promote development, investment cooperation, building smart city in Vietnam, apply science and technology applications and clean energy to build and develop a sustainable way. Therefore, this is an opportunity for Vietnam to attract energy investment from Denmark and also an opportunity for Danish investors to invest in Vietnam. In the coming time, Vietnam hopes to have more investors from Denmark implementing energy development projects in Vietnam so that they can reap high returns for both investors and Vietnam in the future.

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How to minimize risks buying from Vietnam sellers in the new era?

  Currently, the purchase and sale of international goods are very popular from Vietnam and around the world, taking the advantage of Vietnam the signing a number of Free Trade Agreements (FTAs), and the application of technology 4.0 in the business helping the international transaction of goods just got easier.  However there are many risks involved in the meantime for international buyer purchasing goods from Vietnam sellers if due diligence on the seller, whether being corporates or individuals are not under taken.

In the international goods sale and purchase using technology, the best benefits are that, the parties in the transaction do not need to meet, negotiate, and check goods before buying. All of the international goods purchase and sale activities are done via the internet means such as Website, Email, Social media,... which help parties save time and costs when doing the purchase. However, the use of digital technology in the goods sale and purchase transactions still has many hidden risks that the buyer cannot foresee.

Specifically, in the process of discussion of the purchase and sale of international goods, there are many cases where the Vietnam seller does not provide the expected quantity of goods or the goods are meet the minimum quality requested by the buyer, but the seller still signs the contract and require the buyer make the deposit/payment before delivery.  Some time, all the transactions are conducted via social media and there is no contract at all.  Unless the transaction is small, it is always suggested a proper contract to be properly signed with the envision of potential disputes might arise.

Further, there might be fraudulent activities involved taking advantage of the urgent needs of buyers whom skip the process of verifying the business partner for business existence, reputation, financial capability, bad history, and potential fraudulent acts.  In some cases, the seller could go further to forge legal documents, quality certificates, ... to create confidence for the buyer in performing the contract. Some lure buyers by creating fake websites, fake contracts, fake phone numbers, ...using alias names to avoid being traced when taking fraudulent activities.

With significant transaction, the buyer could minimize risks through the helps of local partner on the ground to check the seller's legal documents including corporate documents to be able to trace back the and if the seller does not perform, at least they could be located for legal action.  The buyer could send people to physically check the seller's office, factory to ensure that the seller operates at the registered address.   Before making a deposit, the buyer could check if the beneficiary's account matches the seller's registered account.  The more information about the partner, the better.  The buyer needs to thoroughly check the information that their partners provide including phone numbers, emails, bank accounts, business registration certificate, and other legal documents ... If involved significant transactions, more emphasis on risk management especially understanding business partners through corporate intelligence investigation, background studying adverse media search on company, owners, shareholders, business managers through professional background check consultants in Vietnam whom understand languages, cultures, legal environment and business practices could help.

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Singaporean Investors Increase Capital in Finance and Technology

  In addition to the real estate sector, Vietnam has recently been considered a key market for many financial and technology enterprises from Singapore.

Investment capital flows of Singaporean businesses are flowing strongly into southern provinces to welcome opportunities when Vietnam joins many free trade agreements (FTAs).

According to a report by Ho Chi Minh City Statistics Office, in the first 9 months of 2020, out of 111 countries and territories having investment projects in the City, businesses from Singapore contributed 813.5 million USD, accounting for 25 % of total foreign direct investment (FDI) in Ho Chi Minh City.

Broadly, according to recent statistics, out of 106 countries and territories having investment projects in Ho Chi Minh City, Singapore is ranked first with 1,100 projects with a total investment of 10.73 billion USD. Up to now, there have been many investors, large corporations of Singapore such as Keppel Land, Capital Land... having large-scale projects in Ho Chi Minh City.

In Binh Duong, from the beginning of the year up to now, Singapore businesses have invested the third largest investment capital among countries and territories investing in this locality, with a total registered capital of 198 million USD, accounting for 16% of the total investment capital.

According to the Singapore Consulate General in Ho Chi Minh City, up to now, this country has invested in Dong Nai more than 70 projects with a total registered capital of about 3.6 billion USD, ranking 4th among countries and territories investing in this province. Singapore businesses invest in Dong Nai quite successfully, so many businesses are researching and planning to continue to invest.

A month ago, when receiving the project investment certificate of SG Logistics Joint Stock Company with an investment of more than 80 million USD in Tan Phu Trung Industrial Park, the CEO of BW Group said that this was the third project of this business in Ho Chi Minh City to prepare for investment waves.

In fact, businesses from Singapore operating in the field of industrial real estate soon had projects in Binh Duong, Ho Chi Minh City, Dong Nai... and had outstanding successes.

According to experts, with the impact of FTAs ​​and the movement of capital into Vietnam, industrial real estate and logistics are the fastest growing segments recently. In particular, investors from Singapore, having an early presence in Vietnam, actively preparing many large land banks in the strongly developed industrial areas, are considered to have many advantages.

In addition to the real estate sector, Vietnam has recently been considered a key market for many financial and technology enterprises from Singapore to set up company and enter the market. According to Chairman of Bankograph Pte Limited, a Singapore's fintech company, Vietnam stands out as a leading destination for foreign investors, not only in the financial sector, but also in many other sectors.

The wave of Singapore's technology enterprises participating in investment and cooperation in Vietnam has been more strongly developed in the past two years. For example, Finaxar cooperates with Indovina Bank Vietnam to provide suitable financial support solutions for small and medium enterprises...

With the above handshakes, Vietnamese companies and financial institutions will benefit in cooperation with Singapore's fintech company. At the same time, cooperation between businesses of the two countries is expected to create an ecosystem in the fields of finance and technology.

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