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.

Source: https://www.antconsult.vn/set-up-company-in-vietnam/risk-of-disputes-from-transactions-through-social-networks-in-vietnam.html

Korean Investors Research to Invest in Solar Power Projects in Quang Tri Province

  IL Yang Industrial Company (Korea) is planning to invest in Vietnam, conducting research, study, proceed to set up company building solar power plant in Quang Tri province, Vietnam.

On December 22nd, IL Yang Industrial Company (Korea) had a meeting with Quang Tri People’s Committee to discuss their investment in solar power project in Quang Tri province. Previously IL Yang Industrial Company had a field trip in Hai Lang and Vinh Linh district, Quang Tri province.

According to IL Yang Industrial Company, through surveys, the Company found that Quang Tri is a potential province to develop solar power. Therefore, in the coming time, the Company will continue to work with the province and other sectors to better understand the indicators to study, proceed to invest in building solar power plant in Hai Lang district with the capacity of 500MW and Vinh Linh district with the capacity of 200MW.

At the meeting, IL Yan Industrial Company expressed their wish to exchange relevant information as well as support and create favorable conditions from Quang Tri province’s leaders to study the project.

According to the People’s Committee of Quang Tri province, Quang Tri province is currently planning to attract investment projects in the field of industry, with priority in the areas of competitive advantage and environmentally friendly industries. In fact, there have been some solar power projects in the area.

The proposed investment in solar power plants in Hai Lang and Vinh Linh of IL Yang Company with advanced technology is suitable with the planning policy of locality. Since then, Quang Tri province is ready to cooperate, create conditions for the company to complete procedures and apply the maximum support policies of the province.

We, ANT Consulting company, support you with the service of setting up a company in Vietnam, Risk management in Vietnam, Employee background check in Vietnam… to help you shorten the implementation time.

Source: https://www.antconsult.vn/news/korean-investors-research-to-invest-in-solar-power-projects-in-quang-tri-province.html

Vietnam attracts Korean investment in research and development

  In recent times, the investment shift out of China is being carried out by many international investors. Vietnam is a country that has enough factors to receive investment shift, especially in the manufacturing sector with low-cost labor and low expenses. However, at present, Vietnam has changed its method of attracting FDI, instead of taking advantage of low expenses and low-cost labor, Vietnam now aims to take advantage of highly skilled workers and many incentives in research and development activities.

Recently, many Korean investors have plans to change production lines, invest in research and development (R&D) company in Vietnam. Previously, Korean businesses mainly invested in industries such as apparel, bags, and footwear, however, recently many Korean investors have made investments in industries such as high electronics, information technology, automotive and construction equipment, distribution and service industries.

Currently, Korea is the leading country in the list of countries investing in Vietnam. Previously, a joint venture between Korean and Vietnamese businesses proposed to the Dong Nai province government to invest and build a Vietnam-Korea Hi-Tech Park with an area of ​​300 hectares, total investment capital of 150 million USD. The project aims to attract high-tech enterprises from Korea as well as other developed countries to set up company in Dong Nai in order to create quality product values ​​in the fields that shape the industrial revolution 4.0. The project is expected to attract 2 to 3 billion USD of investment capital in about 6 – 9 years after it is put into operation.

In addition, Korean investors have also cooperated with Vietnamese partners to build a Science and Technology Industrial Park with an area of ​​900 hectares in Binh Duong. In addition, many Vietnamese investors have actively worked with high-tech manufacturing partners to promote the participation of key partners as well as prepare the first customers.

With the policy of attracting investment in high technology and in particular the Investment law 2020, there are special investment incentives for newly established investment projects (including the expansion of the establishment project), the centers for innovation, research and development centers with total investment capital of 3,000 billion VND (about USD 150 million) or more, disbursing at least 1,000 billion VND within first 03 years from the date of issuance of the Investment Registration Certificate or the approval of the investment policy; a national innovation center established by decision of the Prime Minister; Investment projects in sectors or trades specially given investment incentives with an investment capital of VND 30,000 billion (about USD 1.5 billion) or more, with a minimum disbursement of VND 10,000 billion within 03 years from the date of issuance of the Investment Registration Certificate or the approval of the investment policy” will be given special incentives in accordance with the provisions of corporate income tax and land law.

As the investment attraction and investment shift preparation of Korean R&D enterprises, Vietnam hopes to become an investment destination for Korean high-tech enterprises in the future to establish company.

Finding the right business partner in Vietnam is also important. We recommend doing research on the reputation of the company and individual shareholders, corporate or individual, gathering publicly available company information, and performing background checks on key personnel to find potential risks in cooperation. Working with a reliable partner can help achieve economic benefits, saving time and money in business.

Source: https://www.antconsult.vn/news/vietnam-attracts-korean-investment-in-research-and-development.html

Why is it necessary to verify business partners when entering the Vietnam market?

  The verification of business information of partners in Vietnam about legal status, financial capacity, technology, reputation, and experience is important but often overlooked by foreign companies seeking investment partners, or business cooperation partners in Vietnam. If done systematically, the verification and evaluation of partners’ business information for the purpose of trading goods, or investment or cooperation will help foreign businesses avoid dealing with the business not as described, or the businesses partners having unsuitable capacity or even committing fraudulent activities. The cooperation with these wrong business partners in Vietnam might also result in business cooperation not being achieved, for example, the quality of the goods is inappropriate, the goods are not received on time, or the payment is made without receiving the goods, or the investment project is not as fruitful as proposed.

The verification of customer and business partner information can be assigned to professional consulting companies with the advantage of local knowledge, available information channels, or expertise.

In order to conduct the assessment of customers, business partners, and investors, foreign companies need to provide the basic information necessary for the assessment. The information about the partners needs to be objective. The information about the partners should be specific, and instructive which orientates the action and decision of the requester. When conducting the assessment, information about the business partners will need to be compared and verified from different sources if possible  to help have a more objective view, even visiting the business location might be required.

What to be verified when entering market to work with Vietnam partners?

Legal status of the company includes business license, practising certificate, background check of Board of Directors, fulfillment of tax payment obligations, litigation, trade disputes, and causes (if any).

The type of business includes joint stock company, limited liability company with one member or multi-members, partnership company, family company.

Financial capacity includes financial situation, revenue, profit, share value, stock price fluctuation, the increase or decrease of tax obligation, financial difficulties or bankruptcy status, experts’ assessment of the company’s operational capacity and development prospects.

Expertise and technology includes the level of technology compared to other enterprises in the industry, management team, skilled staff, and business network in the region and the world.

Business and management experience includes operation duration, the field of activities, implemented projects.

What is the methods to be chosen when conducting background check of a company?

Before conducting business partner verification, the professional consulting companies in Vietnam with qualified consultants will consider the specific level and scope of the information to be verified, the source of information, the approach to information depending on the level of requirements of the client, the size and importance of the project, and the local culture.

Public sources could be consulted from target company websites, business directories, chambers of commerce and industry, industry associations, stock exchanges, and public financial statements.

Other sources includes contacting the state competent authorities, meeting at the company’s office, visiting production and business places, learning about business activities and cooperation possibilities; acquiring information through government service; collecting information through stock investors.

Further informal verification methods includes contacting businesses operating in the same industry, competitors or partners who have co-operated with the company (especially in large projects), the network of businesses, banks, etc.

After collecting information from different sources, it is necessary for the business consultants in Vietnam whom help making assessment of Vietnam partners for foreign company entering Vietnam to compare and synthesize sources to make comprehensive assessments of the target company being verified, combining background check of individuals of stake holders, public sources or through secondhand information about company for the client’s further decision making process.

Source: https://www.antconsult.vn/news/why-is-it-necessary-to-verify-business-partners-when-entering-the-vietnam-market.html

Why employee background check is important?

  It has been increasingly important for employer to understand about the employee through employee background check to reduce potential hiring risks.

The risk of wrong hiring could be accessing the wrong talent, exposure to criminal activities, legal issues, reputation matters that impact the business, workforce or customers.

It is understandable that if applicants are dishonest in how they obtained a job, they may be dishonest once they have the job.  This could not be found out during the interview.

Hence, it is important to consider investment in background screening service to minimize the risks associated with workplace violence, lost customers, negligent hiring lawsuits, identity theft and fraud, embezzlement, data breaches, and high turnover.

The pre-employment screening by verification and validation of the information and documents provided by the potential candidates could cover the following matters.

Government-issued identification document.  The candidate will provide one or more identification (ID) documents i.e. a photo ID card or passport. The employee background screening firm is asked to verify that the ID document provided by the candidate is valid.

Criminal record check. This information cannot be provided by the candidate. This record check will likely be obtained directly from Provincial Department of Justice, and possibly other local or national law enforcement organizations.  With the authorization of the application, such criminal record could be obtain by background check company.

Employment history.  The candidate will provide the name and location for his or her previous employers for a number of years.  The background screening  firm is asked to verify that the candidate actually worked for the previous employers listed.

Education history.  The candidate will provide a copy of the highest degree or certificate of completion issued by the educational institution i.e. university, industrial training academy.  The background check service company is asked to verify that the degree,  certificate was actually issued by the institution to the candidate. The candidate may be asked to provide official transcripts from the educational institution in lieu of, or in addition to, the copy of a degree, certification in order to assist in the verification process.

Professional accreditation. If a candidate claims to have a professional accreditation or certificate, the candidate should also provide a copy of this to verify.

Managerial position.  This information, a search of government records cannot be provided by the candidate. This record check will be obtained directly from Business Registration Office by employee background check service

If a person passes a background check, it does not mean such hiring would not encounter issues in the future but it is important to have as much information about applicants being verified to warn the risks if found before making hiring decisions to reduce the potential risks to the employer and its workforce, customers.

Source: https://www.antconsult.vn/news/why-employee-background-check-is-important.html

US Investors Continue Pouring Capital into Vietnam

  Vietnam has become an attractive destination for US investors, up to now, the United States ranks 9th among countries and territories set up company in Vietnam with foreign direct investment.

Dow Chemical, Coca-Cola, Uber... are well-known US companies that deploying expansion investment projects in Vietnam. In addition, such names as Exxon Mobil, Cargill, General Electric, Johnson and Johnson, Pfizer... have become familiar, not only because of the huge capital brought into Vietnam, but also help to increase production capacity, contributing to Vietnam's export growth.

Presently, thanks to the good relationship between the two countries, the investment and business environment in Vietnam has been improved. Many US businesses have signed large contracts with Vietnamese enterprises, concentrating on the fields such as oil and gas, information technology, animal feed and electronics.

According to information from the American Chamber of Commerce in Vietnam (AmCham), many US businesses are working with the authorities to expand their projects in Vietnam.

Meanwhile, the big names that have long presence in Vietnam also urgently deploy expansion plans. Cargill Vietnam Co., Ltd is expanding its operations in Vietnam, in addition to the successful field of animal feed production. It is expected that by the end of this year, Cargill will put into operation a 10 million USD warehouse at Phu My port in Ba Ria - Vung Tau province.

Cargill also plans to work with the Ministry of Transport on investment in the northern port project to expand its range of operations in many investment sectors in Vietnam.

Dow Chemical, a large US chemical company, after more than 20 years of operation in Vietnam, the company is intending to expand its operations in 2017. Dow Chemical is cooperating with many companies in Vietnam in the fields of agricultural chemicals, biotechnology and services. Furthermore, with long-term investment commitments, in addition to raising capital, Dow Chemical is ready to assist Vietnam in developing a national list of chemicals for research and development.

Statistics show that, up to May 2017, US businesses have invested in 834 projects in Vietnam, with total registered capital of 10.2 billion USD, ranked 9/116 countries and territories that have investment projects in Vietnam.

Moreover, according to an AmCham survey of 100 US companies in Vietnam, 72% of respondents said that Vietnam's investment environment was improving, much better than Myanmar, Malaysia, Thailand and Brunei.

US investment capital flows into Vietnam are no longer tied up in some areas of high profitability as before. Presently, some conditional business areas such as casino, entertainment... are expected to attract more capital from US businesses.

For example, Time Warner Inc., the world's leading media and entertainment company, is also looking for direct investment opportunities in Vietnam.

So far, most of the key businesses in Vietnam are having the presence of major US investors, typically oil and gas sector with famous names such as Exxon Mobil and Chevron; Boeing, ADC-HAS Airport in the field of aviation; Information technology with Microsoft, Intel, Apple, HP; Electrical appliances with General Electric, General Atlantis and AES...

Finding the right business partner in Vietnam is also important. We recommend doing research on the reputation of the company and individual shareholders, corporate or individual, gathering publicly available company information, and performing background checks on key personnel to find potential risks in cooperation. Working with a reliable partner can help achieve economic benefits, saving time and money in business.

Source: https://www.antconsult.vn/news/us-investors-continue-pouring-capital-into-vietnam.html