Navigating the Borrowing Landscape in Vietnam

April 25, 2024
NHUT NGUYEN HUU MINH In our recent survey of in-house counsel, Russin & Vecchi was selected as a Law Firm of the Year in the Banking & Finance category. Nhut Nguyen Huu Minh, a partner in the Ho Chi Minh City office shares his views on the borrowing landscape in Vietnam. What Are Your Observations Regarding The Borrowing Trends Within The Vietnamese Market Currently And For The Next 12 Months? After a low-slung 2022, offshore borrowings turned around and gained an uptick in 2023. Offshore borrowings by the private sector in 2023 reached around 26% of the GDP, surpassing 2021’s figure of 23%. The FDI segment remains the key player, taking most of the big ticket borrowings. For example, we acted in several construction financings in 2023, like the financing for the construction of the largest water purifier production facility in Vietnam by Kangaroo International JV. The momentum is expected to continue for the next 12 months, as many FDI companies make efforts to come back when the world recession improves. How Does The Regulation Of Offshore Borrowing Compare To That Of Onshore Borrowing In Vietnam? Offshore borrowing is regulated differently than onshore borrowing in a number of aspects. The government regulates offshore borrowings mainly from the perspective of managing the volume of foreign currency inflows and outflows. One key difference is offshore loans must be used for a limited number of specific purposes, for example, as one of the permitted purposes, an offshore loan can only be used to refinance an existing offshore debt (not an onshore debt) of the borrower. Generally, medium or long-term offshore loans (having...

The Greater China IP Updates – April 2024

April 19, 2024
Science and Technology Advisory Board Meets in Taiwan After a 12-year hiatus, a meeting of a high-level science and technology advisory board was held in Taipei in early December, 2023.  The Executive Yuan Science and Technology Advisory Board Meeting was held over three days, convening top scientists and industry leaders to offer advice on a path forward for Taiwan’s technology development over the next ten years.  The conference will focus on two main themes.  One is green technologies amid the global effort to move toward carbon neutrality, and the other is the possible mutual enhancement between artificial intelligence (AI) and the semiconductor industry.  The advisers consist of leading figures from academia and the private sectors who have in-depth knowledge of Taiwan’s industries and supply chains and how they are being affected by various geopolitical strains.  It is expected that the meeting will come up with both mid-term and long-term development strategies to guide Taiwan on the path to maintain its top-notch technical capabilities.  President Tsai, who will leave office in May 2024, gave a speech announcing that the country will invest NT300 billion in a chip-driven industrial innovation plan that will look at ways to combine generative AI with Taiwan’s semiconductor development.  Also, for the development of green technologies, the government will mobilize the resources of different ministries, academia, industry, and civil groups to push for technologies that can help Taiwan achieve net-zero emissions by 2050.  The Executive Yuan Science and Technology Advisory Board meeting was first convened in 1980 and was held 31 times up to 2011.  The revived grouping is expected to meet annually in the future....

Insurance and Trusts as Tools for Private Wealth Planning

April 15, 2024
Insurance and Trusts as Tools for Private Wealth Planning John F. Kennedy once said: “The time to repair the roof is when the sun is shining,” and this rings particularly true with regard to private wealth/estate planning. Estate planning is one of the legal instruments for preventing undue concentration of wealth through a tax-efficient asset distribution prior to death.1 It depends largely on determining the right time as well as the right mode for the transfer of assets. There are a number of tools in estate planning, which includes, among others: (i) executing a will; (ii) entering into life insurance policies; and (iii) establishing a trust. As jurisprudentially established, a taxpayer has the legal right to decrease the amount of what otherwise could be his taxes or altogether avoid them, by means which the law permits.2 These tools provide an opportunity for a taxpayer to avoid the burden of substantial estate tax liabilities on the part of his heirs. Upon the death of the decedent, succession takes place and the right of the State to tax the privilege to transmit the estate vests instantly upon death.3 Estate tax is a tax on the right of the decedent to transmit his estate to his lawful heirs and beneficiaries at the time of death and on certain transfers, which are made by law as equivalent to testamentary disposition.4 Under the National Internal Revenue Code, as amended (the “Tax Code”), the net estate of every decedent, whether resident or non-resident of the Philippines, shall be subject to an estate tax at the rate of six percent (6%) based on the value of such net estate.5 One...

The Greater China IP Updates – March 2024

April 10, 2024
TIPO Announces Updates to the Trademark Classification for Goods and Services The Taiwan Intellectual Property Office has made adjustments to the designated goods and services names in trademark applications in response to the latest (12th) edition of the Nice Classification list.  A total of 422 items have been added and 56 items have been deleted.  An additional 15 modifications have been made to class/subclass names or annotations, as well as 25 corrections.  The aforementioned changes took effect on January 1, 2024.  The list of designated goods/services categories and names will be updated on the online trademark filing system as well.  The official timeline of website updates will be published on the website of the TIPO Information Management Office.   Applicants wishing to use the fast-track mechanism on the online trademark filing system after January 1, 2024, will be able to download the latest updates.  This will ensure consistency between the designated goods/services names stated in the application and the content in the electronic filing system, avoiding discrepancies that could jeopardize eligibility for the fast-track mechanism, as well as associated fee reductions. Taiwan’s TSMC Top Applicant for Patents for Eighth Year Taiwan Semiconductor Manufacturing Co., the world’s largest contract chipmaker, applied for the most patents out of any Taiwanese entity last year for the 8th consecutive year, the Ministry of Economic Affairs announced in February.  TSMC filed 1,956 invention patent applications in 2023, which is the company’s most ever and 28% more than in 2022.  By being the largest patent applicant in Taiwan, it also drives the growth of upstream IC design and also downstream IC packaging and testing services.  The...

The Greater China IP Updates

February 26, 2024
Taiwan and US Signs MOU on the Secure Exchange of Patent Data On November 22, 2023, Taiwan and the US signed the MOU on the Secure Exchange of Patent Data, streamlining and reducing the cost of patent priority claims for Taiwanese applicants who annually file over 20,000 patent applications in the United States.  The annual number of patent applications filed by Taiwanese has consistently been around 20,000 in recent years, but rose 6% from 2021 to 2022.  The MOU aims to alleviate this burden by facilitating the secure exchange of priority documents between the Taiwan Intellectual Property Office (TIPO) and the United States Patent and Trademark Office (USPTO).  The collaboration between Taiwan and the US on the electronic exchange of priority documents began in 2016 through TIPO and USPTO’s bilateral discussions.  Given the importance of information security, both confirmed details related to information equipment and transmission meticulously.  After continuous efforts from both sides, the MOU was finally signed in November 2023.  This milestone in the deepening of Taiwan’s relations with the US follows the implementation of the Patent Prosecution Highway (PPH) project in 2011, and the signing of the MOU on Intellectual Property Rights Enforcement Cooperation in 2017.  To create an environment conducive to international patent applicants, TIPO has launched the electronic priority document exchange (PDX) program with Japan and South Korea in 2019 and 2021 respectively.  The recent expansion in PDX collaboration with the US shall greatly increase the convenience of Taiwanese applicants filing patent applications in the US, as well as for US applicants filing in Taiwan – a mutually beneficial arrangement.  Following the signing, TIPO and...

Joanne Lau Appointed as Secretary General of Hong Kong International Arbitration Centre (HKIAC)

January 26, 2024
In a press release issued today, the Hong Kong International Arbitration Centre (“HKIAC”) has officially announced the appointment of Joanne Lau as its new Secretary General with effect from 26 February 2024. Joanne Lau, an accomplished legal professional with over a decade of experience, will succeed Dr. Mariel Dimsey in this pivotal role. Having served as Co-Chair of the HK45 committee from 2020 to 2022 and as a member of the HKIAC Proceedings Committee, Joanne has a long-standing association with HKIAC. Expressing gratitude to the outgoing Secretary General, Dr. Mariel Dimsey, Rimsky Yuen, Co-Chair of HKIAC, stated: “We thank Mariel for her commitment, dedication and contribution during her tenure as the Secretary General. Whilst we know that Mariel will continue to support HKIAC, we wish her every success in her new chapter of life. We welcome Joanne Lau as the new Secretary General. With her experience and leadership, I am confident HKIAC will continue to set new benchmarks for excellence and innovation.” David W. Rivkin, Co-Chair of HKIAC, echoed these sentiments, commending Dr. Mariel Dimsey for her leadership and expressing optimism about Joanne Lau’s future contributions. “The combination of her extensive experience leading a major international arbitration practice, her close ties to the Hong Kong community, her intellectual ability, and her language skills make her uniquely qualified to lead HKIAC. I have no doubt that Joanne will further strengthen HKIAC as one of the preeminent arbitration institutions in the world” he remarked. In response to her appointment, Joanne Lau expressed her honour at taking on the role of Secretary General “As a practitioner, I have benefited from the excellent...