Decree 239/2025/ND-CP Guiding Investment Law, A Vietnam’s Strategic Positioning in Asia

  

Background

Decree 239/2025/ND-CP is issued to amend parts of Decree 31/2021/ND-CP which provide instructions for implementing Vietnam’s Investment Law. It took effect on September 3rd, 2025. 

The Decree 239/2025/ND-CP is expected to streamline licensing, especially by recognizing electronic dossiers with digital signatures, and to tidy up incentives and procedures after Vietnam’s recent administrative restructuring after moving to a two-tier local government model where many communes were merged or reclassified.

This Decree 239/2025/ND-CP will set clearer rules on which areas qualify for investment incentives, plus faster timelines in a few steps. 

Foreign and domestic investors seeking Investment Registration Certificates (IRC), investors adjusting projects, and companies locating in industrial parks, export processing zones, high-tech zones, digital-technology zones, or economic zones.

For projects that do not need investment policy approval, the time to issue an IRC is shortened from 15 to 10 working days after the authority receives a valid application. 

Decree 239/2025/ND-CP Guiding Investment Law, A Vietnam’s Strategic Positioning in Asia

Vietnam’s Shifting Competitive Position

Vietnam’s investment framework has evolved rapidly over the past decade, driven by both internal reforms and intense external competition. When the Law on Investment 2020 was introduced, Decree 31/2021/NĐ-CP played a central role in translating the law into practice. It provided a structured mechanism for foreign investor access, clarified conditional business lines, and established the foundation for issuing investment registration certificates (IRC), M&A approval, and incentive policies.

At that time, Decree 31 met Vietnam’s needs: the country was recovering after the pandemic, global supply chains were shifting, and foreign-invested enterprises continued to anchor Vietnam as an export manufacturing hub.

However, by 2023–2025, Vietnam’s competitive landscape changed dramatically. Neighboring countries implemented investment reforms, making licensing faster, digital, and more predictable.

Investors began comparing jurisdictions not by incentives alone, but by administrative speed, transparency, and technological readiness. As a result, the limitations of Decree 31 became more visible i.e. long processing times, paper based procedures, outdated rules on machinery imports, and inconsistencies caused by administrative restructuring at the provincial level.

At the same time, Vietnam’s own economic strategy evolved.

The government signaled a shift away from being merely a low cost manufacturing destination toward becoming a high-tech, digital, and green economy.

This required a modern investment regime aligned with global standards, capable of supporting high-quality FDI in semiconductors, renewable energy, logistics, and advanced manufacturing.

To keep pace with these changes, Vietnam needed a new regulatory instrument, one that would accelerate licensing, remove outdated technical barriers, and allow investors to operate seamlessly in an increasingly digital environment.

Decree 239/2025/NĐ-CP emerged as that reform.

It reflects the government’s recognition that the next phase of economic competition will not be won by cheap labor or broad incentives, but by administrative efficiency, predictable rules, transparent digital procedures, and alignment with global technological trends.

By allowing full electronic dossiers, reducing IRC timelines, removing rigid rules on machinery age, and updating incentive zones after administrative mergers, Decree 239/2025/ND-CP positions Vietnam more effectively against regional competitors.

Decree 239/2025/ND-CP is is part of a broader strategic shift that Vietnam is transitioning from a cost driven economy to a capability driven one, where investment attraction depends on the quality, speed, and modernity of its legal and administrative systems.

The Five Most Practical Changes in the Decree 239/2025/ND-CP

Electronic dossiers now is valid as paper

The electronic dossier, digitally signed per Vietnam’s e-transaction rules, has the same legal validity as the paper set. Authorities must publicly announce how they receive e-dossiers on the National Investment Information Portal and their own portals. Company may submit in person, online, or via public post depending on the procedure. 

It is important that the application prepare one paper set and one matching e-set. Make sure the e-set is signed with a recognized digital signature. If there is any inconsistency, the paper dossier will be treated as the final legally binding version, so double-check that both sets match before filing.

Faster IRC issuance

The investment registration authority now issues the IRC within 10 working days for projects that do not require investment policy approval, reducing from 15 working days. If the project does require policy approval, related downstream timelines are also tightened in several steps. 

This mean the company can expect a a shorter statutory processing window for the IRC. Delays can still happen because of the procedures of consultations with other authorities, translation, legalization gaps, or system slowdowns, but the baseline rule is now 10 working days after a valid application. 

Incentives mapped down to the commune level 

Vietnam now clarifies out how to determine incentive areas at the commune level, including what happens when communes are merged or reclassified. In short, the new commune generally inherits the status of the majority of the old communes; when there’s a tie, rules explain which higher incentive level applies. Provincial People’s Committees publish the incentive map and report to the Ministry of Finance. 

Zones and incentives: continuity and upgrades

Projects in industrial parks, export processing zones, high-tech zones, concentrated digital-technology zones, and economic zones continue to enjoy incentives even if zoning is later adjusted or the zone is re-purposed, subject to legal conditions. Decree 239/2025/ND-CP also adds a new line in recognizing economic zones, high-tech zones, and concentrated digital-technology zones as areas with “extremely difficult” conditions, and industrial parks/export-processing zones/industrial clusters as “difficult” areas for incentive purposes. 

No more over 10 years old restriction

The previous rule that effectively blocked extensions for projects using machinery older than 10 years is removed. Instead, eligibility focuses on technical standards and performance, such as meeting national technical regulations (or international standards if none exist), operating at more than 85% of design efficiency, and not exceeding 15% of design consumption for inputs and energy. 

Step-by-step: Getting your IRC Under Decree 239/2025/ND-CP

Step 1. Decide if your project needs investment policy approval

Check the project against the Investment Law thresholds. If approval is not required, you’re on the faster 10-day track for the IRC once your dossier is valid. 

Step 2. Assemble one paper dossier and one matching e-dossier

Mirror contents, ensure translations and legalizations are complete, and apply a recognized digital signature to the e-dossier. Inconsistencies between paper and e-files are a common cause of delay

Step 3. File via the method the authority publishes

Submit in person, online, or by public post according to the published method. Keep your submission receipts and the system tracking codes. 

Step 4. Track the 10-day statutory window

For non-policy-approval projects, the investment registration authority issues the IRC within 10 working days after receiving a valid application. If the authority asks for clarification, respond promptly. 

Step 5. If you are in a zone or a newly merged commune, confirm incentives early

Use the new commune-level rules to confirm whether your location is treated as “difficult” or “extremely difficult” for incentive purposes. This affects deposits/guarantee reductions and other benefits. 

Step 6. If your project relies on used machinery, prepare performance evidence

Compile test reports showing compliance with applicable Vietnam or international standards, efficiency more than 85% of design, and inputs/energy consumption less than 15% of design.

FAQ

Does Decree 239/2025/ND-CP really shorten the IRC timeline to 10 days?

Yes for projects that do not require investment policy approval from 15 days to 10 working days after a valid application is received. 

Are electronic dossiers fully valid?

Yes. With a compliant digital signature, the e-dossier has the same legal validity as the paper one, and authorities must publish how they receive e-files. 

What about used machinery over 10 years old?

Age alone is no longer the issue. What matters is compliance with technical standards and performance thresholds (efficiency and consumption). 

Which locations get “top-tier” incentives now?

Economic zones, high-tech zones, and concentrated digital-technology zones are treated as areas with extremely difficult conditions; industrial parks/export zones/industrial clusters are treated as difficult areas, for incentive purposes. 

Final Take

Decree 239/2025/ND-CP nudges Vietnam’s investment procedures into a more digital, more predictable era: fewer dossier redundancies, faster issuance for many IRCs, incentive clarity down to the commune, modernized zone treatment, and performance-based equipment rules. If you align your filing strategy with these updates especially the e-dossier standards and the 10-day clock you reduce friction, de-risk your timeline, and capture the incentives you’re entitled to.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/decree-239-2025-nd-cp-what-changed.html

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How to Answer Anti-Circumvention Investigation Questionnaire: 6 Step Guide for Exporters

  

Introduction

As global trade becomes increasingly regulated, exporters and producers face growing scrutiny under Vietnam’s trade remedy framework. One of the most complex and sensitive areas is the anti-circumvention investigation, which examines whether companies are intentionally altering production processes, supply chains, or export routes to evade existing anti-dumping or countervailing duties.

When the Trade Remedies Authority of Vietnam (TRAV) issues an anti-circumvention investigation questionnaire, the way exporters respond determines much of the case outcome. A timely, accurate, and comprehensive response demonstrates good faith, compliance, and transparency, factors that can significantly affect whether duties will be extended or lifted.

How to Answer Anti-Circumvention Investigation Questionnaire

In here, we discuss a practical overview of who must respond to anti-circumvention investigation questionnaire, how to prepare, and what to expect, helping exporters navigate Vietnam’s anti-circumvention procedures effectively and confidently.

Who Must Respond and When

Once TRAV initiates an anti-circumvention investigation, it notifies exporters, producers, and other related parties through official communication and its online portal. The notice includes instructions for accessing the anti-circumvention investigation questionnaire, the submission format, and the response deadline.

• Sampled exporters and producers (selected by TRAV) are required to submit full anti-circumvention investigation questionnaire responses within the timeframe indicated in the questionnaire notice.
• Voluntary respondents may apply to participate if they believe their exports are affected. TRAV will consider these requests on a case-by-case basis, depending on available time and resources.
• Non-cooperative exporters, those who fail to respond to anti-circumvention investigation questionnaire, submit incomplete data, or provide misleading information, risk adverse inferences. TRAV may use the “available facts” rule, often resulting in the highest applicable duty rate or the automatic extension of existing measures to their goods.

Because each investigation is unique, exporters should carefully check the official notice for the exact deadline to respond to anti-circumvention investigation questionnaire. Typically, the response period ranges between 30 and 45 days from the date of the questionnaire, but extensions may be granted for valid reasons if requested promptly.

How to Answer the Anti-Circumvention Investigation Questionnaire

The anti-circumvention investigation questionnaire issued by TRAV is comprehensive. It requires exporters to provide detailed information covering company structure, production flow, sourcing, and export patterns. Each answer must be factual, verifiable, and consistent across different sections.

Key Requirements

1. Separate submissions for each entity

Each exporter, producer, or related company involved in the manufacture or sale of investigated goods must prepare its own anti-circumvention investigation questionnaire response.

2. Comprehensive data coverage

The anti-circumvention investigation questionnaire typically requests:

• General company and contact information
• Description of manufacturing processes
• Sourcing of inputs and suppliers’ details
• Export and domestic sales data
• Cost of production and financial statements
• Evidence of transformation and origin of materials

3. Verification and certification:

Each response must be signed by a company representative and may be subject to on-site verification by TRAV to confirm accuracy.

4. Confidentiality and translation

Submissions must be provided in Vietnamese, accompanied by both confidential and non-confidential versions. The public version must contain meaningful summaries to allow public review without disclosing business secrets.

This multi-layered process requires coordination among production teams, accounting departments, suppliers, and legal counsel, both in Vietnam and the exporting country, to ensure consistency and compliance.

Step-by-Step Guide for Preparing and Submitting Answers

Step 1:  Access and Review the Questionnaire

Get the official anti-circumvention investigation questionnaire from the TRAV. Read all instructions carefully, especially those related to deadlines, format, and submission procedures.

Step 2: Prepare Electronic Responses

Complete all sections digitally in the anti-circumvention investigation questionnaire using the provided format. Ensure that all data tables and explanations correspond to your internal accounting and export records.

Step 3: Submit via TRAV Portal and Confirm Submission

TRAV typically requires electronic submission of anti-circumvention investigation questionnaire through its online portal or via designated email addresses. Exporters are often asked to confirm submission by sending a signed cover letter and soft copies of files. Some cases may still require physical or USB submissions as confirmation, depending on TRAV’s instructions.

Step 4:  Provide Both Confidential and Non-Confidential Versions

Mark each page clearly as “Confidential” or “Non-Confidential.” Ensure the public version contains reasonable summaries of confidential information to comply with procedural fairness.

Step 5 : Translate and Certify Documents

All responses must be in Vietnamese. Any documents originally in other languages must be translated and certified. Translation accuracy is essential, TRAV may reject poorly translated data or treat it as incomplete.

Step 6: Retain Supporting Records for Verification

Keep all relevant invoices, purchase orders, production records, and accounting statements. TRAV may conduct verification visits to check whether the submitted information matches reality.

What Happens After Submission

Once TRAV receives responses, the investigation proceeds through several stages:

1. Preliminary review: TRAV evaluates whether responses are complete and consistent. Clarifications may be requested.

2. Verification: TRAV conducts on-site visits to verify production processes, supplier details, and export documentation.

3. Preliminary determination: Based on findings, TRAV may recommend temporary extension of duties to prevent ongoing harm.

4. Final determination: After considering all data and arguments, TRAV issues a final conclusion confirming or rejecting circumvention.

The entire process generally lasts between 6 and 18 months, depending on complexity and the number of parties involved. Exporters should maintain close communication with TRAV and respond promptly to any follow-up requests.

Practical Tips for Exporters

• Be proactive early: Do not wait until the last week before submission. Allocate time to gather and translate documents.
• Ensure internal consistency: Information in financial, production, and customs records must align. Discrepancies are red flags during verification.
• Engage local counsel: Vietnamese trade remedy procedures have strict language and format requirements. Local lawyers ensure submissions meet procedural standards and deadlines.
• Protect confidentiality properly: Label sensitive documents accurately to prevent public disclosure while complying with TRAV’s transparency requirements.
• Respond fully, even if data is limited: Partial or incomplete responses are treated as non-cooperation. If data is unavailable, provide a clear explanation and supporting evidence.

Key Q&A for Exporters

Q1: What is the purpose of an anti-circumvention investigation?

To determine whether exporters or producers are avoiding existing anti-dumping or countervailing duties by changing production methods, supply routes, or product classification.

Q2: Can a company join the investigation voluntarily?

Yes. TRAV may accept voluntary respondents who submit applications within the stated timeframe. However, acceptance depends on administrative feasibility and case complexity.

Q3: What happens if a company fails to respond?

Non-cooperative parties face adverse inferences. TRAV may apply the highest duty rate or extend existing trade remedies to their products.

Q4: What documents are typically required?

Export and domestic sales records, production and cost statements, financial reports, and evidence of input origin or transformation.

Q5: Why is translation accuracy critical?

TRAV only accepts Vietnamese submissions. Errors or inconsistent translations can lead to rejection or misinterpretation of data.

Q6: How long does an investigation usually take?

Typically between 6 and 18 months, depending on the case scope and level of cooperation from parties.

Q7: Why should exporters engage local counsel?

Local lawyers help:

• Prepare compliant Vietnamese submissions
• Liaise with TRAV officials during verification
• Handle confidentiality treatment
• Protect exporters’ procedural rights throughout the process

Conclusion

Answering an anti-circumvention investigation questionnaire in Vietnam is not a routine administrative task, it is a decisive phase of a trade remedy proceeding. How exporters respond can determine whether their products remain competitive in the Vietnamese market or become subject to extended duties.

By ensuring accuracy, timeliness, and transparency, exporters can demonstrate good faith, build trust with regulators, and maintain long-term access to Vietnam’s growing market. The key is preparation, cooperate early, document thoroughly, translate carefully, and seek professional legal guidance at every stage.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
Source: https://antlawyers.vn/update/anti-circumvention-investigation-questionnaire.html

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8 Essential Lessons Arbitration Counsel Helps Companies to Build Effective Dispute Strategies

  

Why Arbitration Matters More Than Ever

When business relationships collapse, companies often discover too late that their contract’s dispute resolution clause is important. Arbitration, trusted for neutrality, speed, and cross border enforceability has become a core part of global commerce.

As a practising arbitration counsel advising clients before domestic and international tribunals, we have seen how a clause can protect and one can lead to procedural delay.

In here, we draw on eight lessons every company and every team of arbitration counsel should know before a dispute begins.

8 Essential Lessons Arbitration Counsel Helps Companies to Build Effective Dispute Strategies

It draws from Vietnam’s Law on Commercial Arbitration, the Civil Procedure Code (CPC), the UNCITRAL Model Law, and the New York Convention, aligning Vietnamese practice with international standards.

The Clause Defines the Framework

Every arbitration begins with a clause and that clause defines the framework. The clause is limited to only a few sentences in length but play significant important roles.

Arbitration counsel in Vietnam frequently encounter clauses that look professional but contain flaws, for example:

• The institution is misnamed, creating jurisdictional confusion.
• The seat of arbitration is omitted, leaving no supervisory court.
• The law governing the arbitration agreement is missing, causing conflict between substantive and procedural rules.

These errors violate core doctrines:

• Separability, which said the arbitration clause remains valid even if the main contract is invalid.
• Competence-competence, which said the tribunal has the first right to determine its own jurisdiction.

This clause is not boilerplate; it defines enforceability.

Procedure Is Also Strategy

Once a tribunal is constituted, procedure becomes strategy.

The lex arbitri, the law of the seat controls how the arbitration proceeds.

Under the competence-competence doctrine, the tribunal decides jurisdiction first, though courts can later review.

In domestic arbitration, Vietnam’s VIAC Rules and the Law on Commercial Arbitration govern timelines.

In international cases, institutional rules and the chosen seat dictate procedure.

The lawyers practicing arbitration understand that timing, evidence, and professional tone shape the tribunal’s perception more than rhetoric.

Enforcement Is Where Reality Begins

Winning an arbitral award is only half the victory. Enforcement gives it value.

In domestic arbitration, awards have the same force as court judgments unless annulled as regulated in the Law on Commercial Arbitration.

In international arbitration, enforcement follows the New York Convention, which Vietnam joined in 1995.

Vietnam’s Civil Procedure Code governs recognition and enforcement of foreign arbitral awards.

Key points include:

1. Authority to Sign: The person signing the arbitration agreement must have legal authority; otherwise, enforcement fails.

2. Proper Notice: Mis-delivery between a company’s branch and head office can invalidate proceedings.

3. Tribunal Formation & Due Process: The tribunal must act impartially and within its mandate.

4. Fundamental Principles of Vietnamese Law: Awards violating Vietnam’s core legal principles may be refused recognition as regulated under the Law on Commercial Arbitration.

Arbitration counsel preparing enforcement applications translate international obligations into local procedures, ensuring filings meet CPC’s deadline and citing the New York Convention appropriately.

Setting Aside Is Not a Second Trial

Sometimes, losing parties seek to try their case through setting aside proceedings.

In Vietnam, grounds for annulment are limited to:

• Invalid arbitration agreement.
• Improper notice or lack of opportunity to present the case.
• Tribunal exceeding its authority.
• Procedural irregularities.
• Violation of fundamental principles of Vietnamese law.

Under Resolution 81/2025/UBTVQH15, effective July 1st, 2025, only the People’s Courts of Hanoi, Da Nang, and Ho Chi Minh City instead of local provincial courts may hear annulment or enforcement cases. This changes would help improve uniformity.

For foreign awards, Vietnamese courts cannot annul them but may refuse recognition under CPC.

Arbitration counsel ensure clients understand that “setting aside” and “refusal of enforcement” are different processes governed by different laws.

The Three Roles of Arbitration Counsel

Modern arbitration counsel in Vietnam perform three essential roles:

1. Advocates before Tribunals: presenting legal arguments, cross-examining witnesses, and coordinating expert testimony in both domestic and international arbitrations.

2. Legal Representatives: managing petitions to enforce or set aside awards, ensuring harmony between Vietnamese law, the UNCITRAL Model Law, and the New York Convention.

3. Advisers to Businesses: designing enforceable clauses, choosing the correct seat, and preparing companies for dispute readiness.

By balancing these roles, arbitration counsel bridge arbitral autonomy and judicial oversight, helping Vietnam maintain investor confidence.

Technology Changes The Arbitration

Arbitration now operates in a digital environment. 

Virtual hearings are getting popular. In Vietnam, there is no law or guidance on artificial intelligence assisting in document review but Ciarb’s guidelines on the use of AI could be a good reference.

The UNCITRAL Arbitration Rules and ICC Rules already allow online procedures.

However, technology imposes new duties, ensuring data security, confidentiality, and authenticity of evidence.

Competent arbitration counsel combine legal skill with digital literacy, guaranteeing that virtual hearings remain fair under the lex arbitri and institutional standards.

Mediation Still Matters

Even with sophisticated arbitration systems, early settlement remains best.

The Med-Arb model, recognized in Vietnam and promoted by UNCITRAL, blends mediation and arbitration for efficiency.

Arbitration counsel trained in both methods guide clients to resolve disputes early while safeguarding enforceability.

This pragmatic approach saves cost, preserves relationships, and supports business continuity.

Vietnam’s Progress and Direction

Vietnam’s arbitration framework is young but advancing rapidly.

Since 2010, the Vietnam International Arbitration Centre (VIAC) has adopted modern rules, and courts increasingly apply doctrines such as separability and competence-competence.

Recent judgments published by the Supreme People’s Court show greater consistency in enforcement decisions.

Each recognition of a foreign award, and each principled refusal under CPC, brings Vietnam closer to global standards under the UNCITRAL Model Law.

Arbitration lawyers in Vietnam play a decisive role in this transformation, case by case, award by award, leveling up Vietnam to get closer to a trusted arbitration jurisdiction in Asia.

Step-by-Step Guide: How to Build an Effective Arbitration Strategy

Designing an arbitration strategy is proactive, not reactive.

The following framework could be used by arbitration counsel to help companies prepare for disputes long before they happen.

Step 1: Draft the Right Arbitration Clause

• Choose a recognized institution and define the seat.
• State governing and procedural laws clearly.
• Maintain separability.
• Seek early review by arbitration counsel.

Step 2: Preserve Evidence and Communication

• Keep all correspondence and contracts organized.
• Send clear written notices when issues arise.
• Document negotiation efforts.

Step 3: Assess the Forum and the Law

• Determine whether the case is domestic or international.
• Identify the seat, applicable law, and enforceability options.
• Consult arbitration counsel for comparative analysis.

Step 4: Select the Tribunal Wisely

• Research arbitrators’ independence and expertise.
• Evaluate diversity and balance.
• Consider the level of the potential conflict for appropriate institutions.

Step 5: Manage the Procedure Professionally

• Respect deadlines and tribunal orders.
• Maintain professional tone and compliance.
• Use the party’s autonomy principle responsibly.

Step 6: Control Costs and Expectations

• Budget early for arbitrators’ fees, translations, experts, and travel.
• Use transparent, phase based billing with arbitration counsel.

Step 7: Anticipate Enforcement Early

• Ensure signatories have authority.
• Confirm assets in New York Convention jurisdictions.
• Keep all procedures clean to resist annulment challenges.

Step 8: Plan for Settlement and Med-Arb Options

• Include mediation clauses where appropriate.
• Allow arbitration counsel to coordinate between mediation and arbitration phases.

Step 9: Prepare for Post Award Action

• Gather certified copies and translations.
• File recognition or defense petitions with one of the three competent courts.
• Rely on arbitration counsel familiar with Vietnamese court practice.

Step 10: Learn and Improve

• After each case, review performance and refine internal policies.
• Treat every dispute as a lesson in risk prevention.

Frequently Asked Questions (FAQ)

Q1: What makes arbitration counsel different from litigation lawyers?

They blend cross border advocacy with procedural strategy, mastering the New York Convention and multiple institutional rules. Language skills are also important to ensure smooth communication.

Q2: What is the difference between domestic and international arbitration in Vietnam?

Domestic involves Vietnamese parties only; international includes a foreign element, affecting procedure and enforcement.

Q3: What if the arbitration clause is unclear?

An unclear clause may cause delay or court intervention. Arbitration counsel can redraft it before signing.

Q4: What are “fundamental principles of Vietnamese law”?

They refer to fairness, equality, good faith, and lawful protection, the Vietnam’s version of “public policy”.

Q5: How long does an arbitration usually take?

Typically 6–12 months at VIAC; complex cross border cases may last longer.

Q6: Can a court decide the merits of an arbitral award?

No in principle. Courts review only procedure, not substance. But this might be interpreted differently in Vietnam sometimes, which is considered procedure and which is not.

Q7: Is online arbitration recognised in Vietnam?

Yes. Virtual hearings are permitted if confidentiality and fairness are ensured and parties agree.

Q8: How can businesses reduce arbitration costs?

By focusing issues, limiting witnesses, and collaborating closely with arbitration counsel.

Q9: Which arbitration institutions are most common in Vietnam?

Domestically, VIAC; regionally, SIAC for international contracts.

Q10: What is the biggest mistake companies make?

Waiting until a dispute begins before seeking advice from arbitration counsel. Early consultation prevents future risks.

Building Trust Through Fairness

Every arbitration starts long before a notice of dispute.

The procedure parties design decides the justice they receive.

Doctrines such as separability, competence-competence, and lex arbitri, together with the UNCITRAL Model Law and New York Convention, make arbitration predictable and respected worldwide.

In Vietnam, these principles are now daily practice, applied by institutions, and arbitration counsel who translate international standards into local law.

Arbitration is not just an alternative to litigation, it is a symbol of business trust and legal maturity.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/arb/8-essential-lessons-from-arbitration-counsel.html

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Investing in Vietnam 2025: Opportunities and Insights from the New U.S.–Vietnam Trade Framework

  As Vietnam deepens its economic partnership with the United States, the recently announced framework for reciprocal, fair and balanced trade marks a defining moment for both nations. For investors, investing in Vietnam 2025 now carries new meaning, shaped by a blend of trade liberalization, policy transparency, and supply chain realignment. This article explores how the new U.S.–Vietnam trade framework will influence Vietnam’s investment climate, sectoral opportunities, and long term competitiveness.

Investing in Vietnam 2025: Opportunities and Insights from the New U.S.–Vietnam Trade Framework

Why Investing in Vietnam 2025 Matters?

Vietnam has emerged as one of the most dynamic economies in Asia, combining export driven growth with increasing foreign direct investment (FDI). In recent years, the United States has become one of Vietnam’s largest trading partners, with bilateral trade exceeding USD 120 billion in 2024. Yet, this growth has also raised calls for rebalancing trade relations.

The Framework for an Agreement on Reciprocal, Fair and Balanced Trade between the United States and Vietnam, announced in October 2025, seeks to redefine that balance. It is designed to promote mutual access, fair competition, and a predictable environment for businesses. For those exploring Investing in Vietnam 2025, the framework introduces structural changes that will influence everything from export opportunities to regulatory standards and investment flows.

According to the U.S. Trade Representative (USTR), the framework will allow American businesses to expand exports, while supporting Vietnam’s continued integration into global supply chains. Simultaneously, it provides an incentive for Vietnam to strengthen compliance, intellectual property protection, and transparency, all of which are critical factors for foreign investors evaluating risk and reward.

Core Components of the New Trade Framework

To understand how investing in Vietnam 2025 will evolve, it is essential to examine the agreement’s key provisions. These elements collectively shape Vietnam’s position as a trusted trading and investment partner for the U.S. and beyond.

Tariff and Market Access

Vietnam has agreed to offer preferential market access for most U.S. industrial and agricultural exports. In return, the U.S. will apply a 20% tariff on qualifying Vietnamese goods, with the potential for a zero-tariff rate once Vietnam attains “aligned partner” status.

This structure aims to maintain trade reciprocity while rewarding Vietnam’s compliance with transparent trade and origin standards. For investors, this means Vietnamese manufacturing and export oriented sectors will face both pressure and opportunity, pressure to upgrade compliance, and opportunity to benefit from stable, predictable access to the U.S. market.

For American businesses investing in Vietnam 2025, this preferential treatment allows them to enter Vietnam’s market more competitively, particularly in agriculture, technology, energy, and high value manufacturing.

Regulatory Cooperation and Non Tariff Measures

The framework extends beyond tariffs to include cooperation on intellectual property, customs, labor, and environmental standards. It highlights the two countries’ shared goal of reducing non tariff barriers and aligning regulations to international best practices.

From an investor’s perspective, these provisions enhance Vietnam’s reputation as a rules based market. For enterprises considering investing in Vietnam 2025, it signals stronger legal predictability, a critical factor for long term FDI.

Supply Chain Resilience

A central theme of the agreement is “supply chain resilience.” Both governments emphasize transparency and coordination to prevent duty evasion and transshipment of goods through Vietnam. This measure reassures the U.S. while encouraging Vietnam to attract clean, compliant supply chains.

For global manufacturers investing in Vietnam 2025, this creates incentives to establish or expand operations that comply fully with origin and export control requirements. It positions Vietnam as a credible alternative hub to China for U.S. oriented supply chains.

Strategic Implications for Investors

The framework carries profound implications for those considering or expanding investing in Vietnam 2025. Below are three major dimensions where its impact will be most visible.

A More Predictable Investment Environment

Trade and investment stability often go hand in hand. By establishing clear tariff schedules, mutual market access, and non tariff cooperation, the framework enhances Vietnam’s overall investment climate. Investors can expect more consistent policy application, lower regulatory uncertainty, and improved transparency.

For companies already operating in Vietnam, this means stronger confidence in long term planning. For new entrants investing in Vietnam 2025, the framework reduces one of the biggest historical concerns, unpredictable trade policy.

Shifts in Sectoral Opportunities

The U.S.–Vietnam framework identifies priority sectors that will benefit from cooperation: high technology, agriculture, energy, aerospace, and the digital economy.

Each represents an emerging focal point for Investing in Vietnam 2025:

• High Technology Manufacturing: Vietnam’s growing semiconductor and electronics ecosystem is now reinforced by U.S. collaboration in supply chain resilience.
• Agriculture and Food Processing: The U.S. gains better access to Vietnam’s market, while Vietnam’s exporters can expand value-added processing capacity to maintain competitiveness.
• Clean Energy: Both nations have signaled interest in energy transition partnerships, creating room for green investment.
• Digital Economy: Cooperation in digital standards and cybersecurity paves the way for data driven and service based investments.

For investors, identifying the right sectors aligned with the framework’s priorities will be key to maximizing returns.

Integration with Regional and Global Trade

Vietnam’s participation in the Comprehensive and Progressive Agreement for Trans Pacific Partnership (CPTPP), the Regional Comprehensive Economic Partnership (RCEP), and now this bilateral framework with the U.S., underscores its evolving role as a strategic hub for diversified trade networks.

For global firms investing in Vietnam 2025, this combination offers a multi layered advantage: tariff benefits from U.S. trade cooperation, preferential access to Asian markets through CPTPP and RCEP, and stable domestic reforms to attract FDI.

Challenges and Considerations for Investors

Despite its optimism, investing in Vietnam 2025 under the new trade framework also brings challenges. Investors should remain aware of several factors that could affect project execution and profitability.

Regulatory Adaptation

Vietnam will need time to align domestic regulations with new trade commitments. Delays in legal implementation or inconsistencies across agencies may create transitional friction. Investors should therefore plan for extended due diligence and seek local advisory support to navigate these regulatory adjustments.

Compliance and Origin Requirements

The agreement’s emphasis on transparency and anti transshipment controls means that manufacturing operations must ensure accurate origin certification. For investors, establishing compliant supply chain management systems will be essential to maintain preferential access to the U.S. market.

Geopolitical Balancing

Vietnam’s growing economic ties with both the U.S. and China will continue to require careful diplomatic and trade balancing. Investors investing in Vietnam 2025 should monitor how regional dynamics affect trade policy, particularly in sectors sensitive to export controls or national security concerns.

Infrastructure and Human Capital

While Vietnam continues to upgrade logistics infrastructure, bottlenecks remain in transport and energy capacity. Labor productivity is rising, but so are wage costs. Investors should factor these structural realities into long term cost modeling.

How Businesses Can Prepare for Investing in Vietnam 2025?

For businesses and institutional investors, the following strategic steps can help capitalize on the new environment:

Map Exposure to Trade Policy Changes

Identify which goods or sectors in your portfolio are most affected by the new U.S.–Vietnam tariff structure. Early alignment with the framework’s requirements will reduce costs and mitigate risk.

Strengthen Compliance and ESG Standards

Build transparent supply chains, ensure adherence to labor and environmental standards, and document origin verification, essential for sustaining trust under the “fair and balanced” principles.

Invest in High Potential Sectors

Focus on high technology, clean energy, agriculture, and digital infrastructure, areas directly mentioned in government statements. These sectors will attract favorable policies and incentives for investing in Vietnam 2025.

Leverage Advisory Expertise

Navigating regulatory updates, customs procedures, and investment licensing can be complex. Partnering with experienced local advisors, such as antconsult.vn, ensures informed decision making and compliance readiness.

Plan for Long Term Growth

Vietnam’s trajectory is not short term. The framework indicates a strategic shift in its global positioning. Investors who commit early, and align operations with new standards, will gain a sustainable advantage.

The Broader Outlook for Investing in Vietnam 2025

Vietnam’s economic fundamentals remain robust:

• GDP growth projected around 6%–6.5% in 2025.
• Inflation kept under control.
• Rapid development in logistics, digitalization, and infrastructure.
• Continuous FDI inflows from diversified partners including the U.S., Japan, Korea, and the EU.

The trade framework amplifies these trends by adding institutional trust and bilateral predictability. It also sets the tone for future agreements that may expand zero tariff product lists and deepen cooperation in services, green finance, and technology.

From an investment strategy standpoint, investing in Vietnam 2025 is no longer just about cost advantage, it is about positioning in a compliant, globally integrated ecosystem that connects Asia with the United States.

From Trade to Transformation

The new U.S.–Vietnam framework signals a pivotal transformation in Vietnam’s economic narrative. It is not merely a trade deal, but a structural step toward a transparent, resilient, and globally connected economy.

For investors, investing in Vietnam 2025 offers both opportunity and responsibility. Success will depend on the ability to adapt, aligning with global standards, investing in value added industries, and building long-term trust in the market.

Those who understand the intersection of trade policy and investment strategy will lead the next chapter of Vietnam’s growth story.

About ANT Consulting in Vietnam

ANT Consulting is here to assist you from the outset; providing intelligence, information, advisory, management or support services that assist market entrance, and ensure efficient business start-up operation.

Market Entry & Investment

Corporate Governance & Compliance

People & HR Legal Solutions

For legal advice, consult with ANT Lawyers

Source: https://www.antconsult.vn/news/investing-in-vietnam-2025.html

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