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EuroCham Vietnam Newsletter Q1 2012
EuroCham Vietnam Newsletter Q1 2012
Dear Members,
Chair Preben Hjortlund, HITC Vice Chairs Tomaso Andreatta, Intesa Sanpaolo Christophe Hirtz, Sanofi Thanh Le, Shell Vietnam Louis Taylor, Standard Chartered Bank Andreas Stoffers, Deutsche Bank AG Treasurer Tom van der Lee, FrieslandCampina Vietnam Committee Members Nicolas Audier, Audier & Partners LLC Simon Britsch, Bayer Vietnam Ltd. Jean-Michel Caldagues, EADS Luc Cardyn, BNP Paribas Vietnam Kristof Claes, Brand Partner Co., Ltd Nicola Connolly, Adecco Vietnam Erdal Elver, Siemens Ltd. Vietnam Costantino Sambuy, Piaggio Vietnam Quang-Hue Vo, Robert Bosch Vietnam Executive Director Paul John Jewell The EuroCham newsletter is published quarterly by the European Chamber of Commerce in Vietnam with offices at: G/F, Sofitel Plaza Hanoi 1 Thanh Nien Road, Ba Dinh District Hanoi, Vietnam Tel: (84-4) 3715 2228 Fax: (84-4) 3715 2218 Email: [email protected] and: EuroCentre 49 Mac Dinh Chi Street, District 1 Ho Chi Minh City, Vietnam Tel: (84-8) 3827 2715 Fax: (84-8) 3827 2743 Email: [email protected] Hotline: (84-8) 3997 1263 Website: www.eurochamvn.org Editorial contact Jan Wiehler Communication and Services Director EuroCham (Ho Chi Minh City) Tel: (84-8) 3827 2715 Email: [email protected]
In this issue of the Newsletter, we would like to focus on the Vietnam competitiveness initiative, that looks at the latest trends in foreign direct investment. We will also have a look at the recent ASEAN-EU Business Summit in Phnom Penh and the impending start of formal negotiations between Vietnam and the EU about a free trade agreement. As usual, you will find the latest updates on our advocacy efforts and other recent EuroCham events and activities. At this years AGM held on March 7th, we saw a number of changes to the EuroCham Executive Committee. First and foremost I would like to thank Alain Cany as the outgoing Chairman of EuroCham. Over the course of his 7-years at the helm of EuroCham, Alain has made immeasurable contributions to the growth, profile and success of EuroCham, making the chamber what it is today in Vietnam. We thank Alain for all the time and energy he spent on EuroCham and I have no doubt that Alain will continue to raise the issues of the European business community as Chairman of the Vietnam Business Forum (VBF) and otherwise. We also bid a fond farewell to Executive Committee members Peter Born, Elmar Dutt, Olivier Jacquet and Wieger Otter. We would like to thank them for their continual support for the chamber over the years and wish all of them the very best for the future. I would also like to take this opportunity to extend a warm welcome to new faces on the EuroCham Executive Committee: Nicolas Audier Managing Partner at Audier & Partners Vietnam LLC, Simon Britsch Finance Director Bayer Vietnam, Nicola Connolly - General Director of Adecco Vietnam, Luc Cardyn - Country Head BNP Paribas - Vietnam and Quang Hue Vo - Managing Director Robert Bosch Vietnam. On behalf of the EuroCham Executive Committee would like to say farewell to EuroCham director Dr. Matthias Duehn. I would like to thank him for all the work and effort he has dedicated to EuroCham over the last two years and wish him all the best for his future plans. We also welcome Paul John Jewell as the Executive Director of both EuroCham offices in Hanoi and HCMC. Paul will be happy to meet you over the course of the year. Finally, I would like to thank all our members and partners for their continued support and we hope you will help us making 2012 another successful year for EuroCham. With kind regards,
Vietnams Competitiveness: Why do foreign investors select Vietnam and how can Vietnam attract higher value - added investors?
Foreign direct investment (FDI) enterprises have increased their profitability in the past year but become less optimistic about their business outlook in Vietnam for the next two years, according to a survey of 1,970 foreign-invested firms released in February, 2012 by the Vietnam Chamber of Commerce and Industry (VCCI) and the United States Agency for International Developments Vietnam Competitiveness Initiative (USAID/VNCI). While this is not the only survey of foreign investment in Vietnam, it is the largest and most comprehensive. In fact, the number of respondents in the FDI module accounts for 16 percent of the entire population of foreign investors found in the General Statistics Office (GSO) Enterprise Census. The survey analyzed factors that drive foreign investors decisions and provides insights into the foreign business sector and how Vietnam can attract higher value - added investors to improve productivity and economic growth. Performance of FIEs in the 2011 FDI Survey Although 2011 was a difficult year for the Vietnamese economy, the performance of foreign invested enterprises (FIEs) is noticeably better than in the first iteration of the FDI in 2010. The median FIE in the FDI survey had gross revenue of $1.3 million, up $300,000 from the previous year, with the strongest increases experienced in manufacturing. Of course, profitability measures should be treated with caution on a self-administered survey, but compared to 2010, there appears to be a substantial uptick in performance. FIEs report profits equal to 22% of capital investment in 2011 roughly twice the performance in 2010. Once again, the manufacturing sector stands out with profits equal to 25% of investment.
Yet, while actual performance is improving, FIEs are actually becoming more pessimistic in their perceptions of performance. Whereas in 2010 66 percent of operations planned to expand their operations in Vietnam, this year, only 38% were as optimistic. More puzzling still, pessimism was most pronounced among the relatively high performing firms in the manufacturing sector (33%), compared to the under-performing service businesses. Probing a bit further, the survey asked firms to speculate on what factors they perceived to be contributing to the performance. Sixty percent of respondents credit/fault general market conditions over other factors, which is high by international standards, but down from 70 percent in 2010. The decline likely reflects beliefs among some respondents that inflation is under greater control. Once again, only about 10 percent of respondents believe their success or failure in Vietnam can be attributed to government policy and labor. Managers receive the least credit for success or failure, cited by only 8.5 percent of respondents. Profile of FIEs in the 2011 FDI Survey As we reported last year, the median FIE in Vietnam remains relatively small, export-oriented, and operating a low-margin business that is subcontracting for a larger multinational producer - and is therefore usually situated in the lowest node in a products value chain. Size: Foreign operations in Vietnam are quite small by international standards. Seventy-five percent of FIEs in Vietnam have less than 300 employees. Indeed, 37% have less than 50 employees. Large firms remain a clear minority, representing only 5.3% of the sample. We find similar results when we disaggregate by capital size - 63% of FIEs have licenses that are less than $2.5 million, and only 13% of the sample is licensed for over $25 million.
Business Update
Type of Investor: Eighty-four percent of the FIE respondents are 100 percent foreign owned. Very few foreign firms have taken advantage of the 2005 Enterprise Laws invitation to register as a domestic operation with foreign capital. Sector: Sixty-five percent of operations are manufacturing, while only 30% of FIEs operate in the services sector. While some analysts have raised serious concerns about a migration of FIEs into the real estate market, our data do not show it. Less than 1 percent of FIEs were licensed for real estate activities (although more may be involved as sideline investments). Customers: Output of FIEs is primarily destined for export; 46.7 percent of all firms and 57 percent of manufacturing enterprises export over half of their output directly or indirectly. Even the output sold within Vietnam is often sold to foreigners, as 15 percent of FIEs list foreign individuals or companies in Vietnam as their primary market. One positive development from 2010, however, is that a much larger share of sales (34 percent) is being sold to private individuals in Vietnam, up from 15 percent last year. Suppliers: Confirming concerns about the lack of domestic spillover raised last year, the survey finds that FIEs purchase 57.5 percent of their intermediate products from overseas. Only about 40 percent of intermediate goods and services are sourced domestically, with domestic, private operations counting for 2 percent of the total. The lack of linkage to the domestic, private sector is worrisome, as it limits the opportunities for technology and productivity spillovers. Country of Origin: Similar to 2010, the findings revealed that investors from East Asia dominate the sample. Investors from South Korea, Taiwan, Japan, and mainland China alone account for 66 percent of the active businesses surveyed. When we add investors from neighbors in Southeast Asia, the figure approaches 75 percent. It is important to remember that a great deal of U.S. investment is listed as originating in Hong Kong and Singapore for a variety of logistical and tax-based reasons; so U.S. investment is probably understated. Drivers of National and Provincial Site Selections Similar to last years analysis of determinants of entry into Vietnam, firms continue to select Vietnam for its labor cost advantage and political stability, but heavily discount other governance factors. Labor quality, tax incentives, availability of industrial zones (IZs), and availability of intermediate goods and services were also selected as positive factors. These results follow from the type of investor Vietnam has attracted thus far. Low cost production in the lowest node of the value chain is primarily in search of cost savings through labor and tax incentives. Higher value-added production emphasizes good governance factors such as property rights protection and high quality human capital. According to the 2011 FDI survey, 32% of the FIEs currently in Vietnam considered other countries (most commonly Thailand, Cambodia, and China) before investing in Vietnam. Among these firms, 72% selected Vietnam over the competition, while 27% invested in Vietnam as part of a multi-country investment strategy. Most important factors for selection of Vietnam by FIEs Question B4 in the FDI survey asked firms to record the top 3 reasons for their selection of Vietnam. This figure records the total number of first, second, and third place votes for each factor. (see graph on next page) FIEs in Vietnam do not think highly of efforts to control corruption, which was the lowest ranked indicator with a score only slightly higher than zero. Other governance factors, such as land allocation, intellectual property, access to decision makers, investor protection, and enforcement of contracts also ranked very low. Performance of the macro-economy, due to Vietnams recent inflationary crisis, also was considered a detriment to investment. Forty-five percent of investors considered investing in another province (most commonly, HCMC, Ha Noi, and Bac Ninh). What factors led these investors to choose a particular province in Vietnam? Similar cost-saving factors to the national drivers appear at the top of the list. Labor costs, tax incentives, and the presence of industrial zones, which save money on land clearance and infrastructure, are the top three determinants.
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Question B4: What are the top 3 reasons for your selection of Vietnam?
Changes in firms perception in the Business Environment over time Improvements in the Key Business Environment Indicators for FIEs in 2011. Significant reform momentum was identified in the following areas: 1) The amount of time FIEs must wait for registration and licensing, especially in Binh Duong province; 2) fears about expropriation risk; 3) bribes paid during customs procedures; 4) policy bias toward State Owned Enterprises; and 5) assessments of infrastructure (particularly, the quality of roads and energy stability). Additional Areas for Reform were identified by survey respondents in: 1) Transparency of legal, normative documents; 2) Possession of land use right certificates; and 3) Customs Hold-Ups. Reforms in these areas could improve the efficiency and quality of foreign investment in Vietnam. Better FDI policies while enhancing quality of labor force for the future FDI companies continue choosing Vietnam because of cheap labor, political stability and incentives for land and taxes. Up to 65% of these enterprises operate in industries with low labor costs such as textile, garment, leather, footwear, electronics and food processing. This FDI has been critical to poverty reduction by creating productive employment for Vietnamese workers. To attract high quality FDI projects, Vietnam needs to train a skilled labor force, establish a dynamic, creative and high-level local business community and improve the quality of the business environment, such as intellectual property rights, greater transparency in the policy-making process, and property rights protection, as well as connectivity and quality of infrastructure in line with international standards. Such factors will create more favorable conditions for foreign investors and improve productivity and economic growth. A high quality workforce is always considered the prerequisite to attract investment into high-tech and high value-added production areas. The Vietnam Chamber of Commerce and Industry and the U.S. Agency for International Developments Vietnam Competitiveness Initiative (USAID/VNCI) have developed the Provincial Competitiveness Index since 2005 and the Foreign Invested Enterprise Survey since 2010. Annual reports and related information is available at www.pcivietnam.org.vn
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Business Update
Sustaining Vietnams growth: The productivity challenge
During the past quarter century, Vietnam has emerged as one of Asias great success stories. A nation once ravaged
by war, its economy has posted annual per-capita growth of 5.3 percent since 1986, faster than any other Asian economy apart from China. Vietnam has benefited from a program of internal restructuring, a transition from its agricultural base toward manufacturing and services, and a demographic dividend powered by its youthful population. Vietnam has also prospered by joining the World Trade Organization in 2007, normalizing trade relations with the United States, and ensuring that the economy is consistently ranked as one of the regions most attractive destinations for foreign investors. The McKinsey Global Institute (MGI) estimates that the expanding labor pool and the structural shift away from agriculture contributed two-thirds to Vietnams 7-percent GDP growth between 2005 and 2010. The other third has come from improving productivity within sectors. But the first two drivers are now waning in their power to drive further expansion. According to official Vietnam statistics, growth in the countrys labor force is likely to decline to about 0.6 percent a year over the next decade, down from annual growth of 2.8 percent between 2000 and 2010. And given the extraordinarily rapid pace of economic restructuring, it seems unlikely that further migration from farm to factory can boost productivity sufficiently to compensate for weakening of labor inputs.
Instead, Vietnam needs to increase the labor productivity of its industries to achieve an economy-wide boost of some 50 percent - to 6 percent annually - if the economy is to meet the governments own target of 7 to 8 percent annual GDP growth to 2020. Without such an increase, we estimate that Vietnams growth is likely to decline to about 5 percent annually. The difference sounds small, but it isnt. By 2020, Vietnams annual GDP would be 30 percent lower than it would be if the economy continued to grow at a 7 percent pace. Achieving 6 percent annual growth in economy-wide productivity is a challenging goal, but is not unprecedented. Nevertheless, incremental change will not be sufficient to achieve a productivity revolution of this magnitude. Deep structural reforms within the Vietnamese economy and strong and sustained commitment from policy makers and firms will be necessary. (See sidebar, Implications for companies) We have identified four areas where significant policy changes could raise the nations economic performance. Stabilize the macroeconomic environment The first priority for officials is to restore calm in the macroeconomy and ensure that Vietnam retains the trust and enthusiasm of national and international investors. Surging inflation, repeated devaluations of the currency, a deteriorating trade balance, and rising interest rates have undermined investor confidence. Looking at two metrics that have prompted crises in other countries, Vietnams financial sector does appear to have a degree of fragility. One metric is the rapid expansion in bank lending often accompanied by a parallel rise in non-performing loans. Total outstanding bank loans have increased at a rate of 33 percent a year over the past decade, the strongest growth rate recorded in any ASEAN country, China, or India. This year, the Vietnamese government introduced banking regulations that include a 20 percent cap on annual credit growth and limits on loans to activities such as real estate and securities investment.
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Yet past experience suggests that these measures alone are unlikely to be sufficient to make sure banks are healthy. Enforcement has been a challenge and Vietnam already faces a significant volume of bad debt. The government could usefully develop a diagnostic of the state of individual banks, including realistic assessments of non-performing loans, to monitor their viability and overall systemic risk. Vietnam should also ensure that sufficient supervision is in place to intervene in banks whose portfolios are excessively risky and consolidate weaker banks when necessary. A second measure of potential stress is Vietnams foreign exchange position. Vietnam has seen its trade deficit widen despite multiple devaluations of its currency, the dong, and together with a flight to dollars and gold, these have contributed to a drying up of foreign reserves. Vietnam needs to address the dual challenge of inflation and exchange rate policy in a way that raises investor confidence and encourages hidden foreign reserves to be brought back and appear in the official economy so these funds can be productively invested. Strengthen productivity and growth enablers To facilitate a transition to higher productivity activities, new sources of comparative advantage must be found that go beyond low-wage labor. Vietnam has already established itself as an attractive investment location for foreign investors, yet it lags behind many of its Asian peers in overall international competitiveness rankings. Government efforts to simplify business start-up processes, improve permitting processes, and reduce tax rates have already helped to improve Vietnams ranking in the World Banks Doing Business survey by ten places. Vietnam now needs to institutionalize processes to ensure continuing progress. Two specific categories where Vietnam scores poorly on the World Economic Forums competitiveness index are infrastructure and education. Vietnam has already invested significant amounts on its infrastructure. The countrys road density surpasses that of the Philippines or Thailand, and investment in new ports and airports in Da Nang and Can Tho have improved connections to the rest of the world. Yet interviews with executives and international assessments of infrastructure strongly suggest that more investment will be necessary to support the economys transition to increasingly productive activities. Given that funding for infrastructure projects will likely be limited, Vietnam should assess which projects offer the greatest economic benefit, linking investment decisions more closely to the countrys broader development strategies and emphasizing stronger coordination between government agencies. Tourism offers a good example. Central government can play a key role in ensuring that public-sector investment in infrastructure, transportation, and real estate is closely tied to spending by the private sector in areas like hotels and resort developments and transit services. Exploring further public-private partnerships, such as the Lang-Hoa Lac Expressway in Hanoi, may also be warranted. As many employers report a shortage of properly trained workers and managers, another opportunity for Vietnam is to facilitate transparency and quality control within the nascent private education industry. Simply by gathering and publishing the performance statistics of such schools, running online assessment polls in which students can evaluate their school programs, and requiring trainers to certify their own educational attainment would raise the quality of these institutions. The state can also ensure that common standards are applied to all public and private institutions providing education and training programs to increase transparency, and to issue certificates to those who graduate certified training programs showing that they mastered a specified set of skills. These certificates would make it easier for employers to identify qualified workers. Create industry-specific policies to encourage productivity and growth Getting economy-wide regulation right is a necessary condition for productivity and growth but is not sufficient to sustain the broad-based growth from which Vietnam has benefited in recent years. Experience shows that variations in industry-specific government action go a long way toward explaining divergences in how sectors perform across economies. Vietnams next challenge is to establish an enabling environment at the level of individual industries and sectors by enhancing domestic competition and helping industries to move up the value chain in industries like software development and IT services.
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Business Update
Steps that Vietnam could take include: 1. Make targeted investment to raise agricultural quality and productivity Vietnam has made notable strides in boosting the production and export of its valuable agricultural products. Now Vietnam needs to help rural sectors develop greater expertise so that they can continue to increase yields and shift to higher value crops . In seafood, for example, government regulation and standards can play a role but Vietnam can also help to improve the quality of its fish farming by more actively promoting internal control systems in which international organizations train local farming cooperatives to inspect for quality among their own members. 2. Focus on raising productivity-led growth in manufacturing Vietnam would benefit from encouraging growth in sectors that are already expanding quickly because of domestic demand and can move into exports, such as electrical equipment. To facilitate this transition, the government can play an important role, particularly in segments where local players are fragmented and lack the scale to take on the export challenge. It can also put in place programs to improve the quality of products being exported. Another priority is to help companies develop longer-term strategies to facilitate the stage-by-stage transition to higher-value-added activities across global business value chains in segments including electronics. Today, Vietnams exports are relatively low-value-added in comparison with other Asian economies. 3. Help raise energy efficiency The government could create explicit customer efficiency targets for utilities, establish efficiency standards for consumer goods and industrial equipment, and deepen consumer understanding of energy efficiency by creating energy service corporations and utility-executed demand-side management programs. Retrofits of existing industrial plants could also generate significant returns. 4. Develop government capabilities Reform in the ownership of, and management incentives for, state-owned enterprises (SOEs) can be an important institutional vehicle for improving productivity and growth. While Vietnam has already established a State Capital Investment Corporation (SCIC) to energize the reform of SOEs and improve the efficiency of the economys capital utilization, the SCIC could look at the governance and operational approaches that other countries have used to improve the performance of their public enterprises. Moving the economy toward more productive growth opportunities will be complex and demanding, and the government needs stronger organizational effectiveness and managerial skills to execute a comprehensive policy agenda. Several approaches have proved successful elsewhere. Malaysia, for instance, has made good use of a government delivery unit to coordinate key reforms. Public-private partnerships are another vehicle, although they must be well designed to deliver on their promise. Vietnam has already engaged private firms to help build and operate the Phu My 2-2 and Phu My 3 power generating stations, and can broaden its use of such partnerships. Another institutional tool that has proved effective in Singapore and Ireland, for instance, is an agency dedicated to attracting foreign investment. If Vietnam were to set up such an agency, it could forge partnerships with cutting-edge firms to attract advanced factories and technology. To do so, however, will require an understanding of what these firms are looking for in the Vietnamese market. Implications for companies Many companies have prospered in Vietnam because of the countrys strong and stable growth and inexpensive and abundant labor. In the future, they may no longer be able to rely on either, so they will need to ensure that their business and financing models are sufficiently robust to sustain a period of lower growth rates and potentially economic volatility.
Marco Breu is a principal in McKinseys Hanoi office. Richard Dobbs is a director of the McKinsey Global Institute (MGI) and a director in McKinseys Seoul office. Jaana Remes, based in San Francisco, is a senior fellow at MGI. Article is an extract from McKinsey Quarterly article Taking Vietnams Economy to the Next Level. Full article available at www.mckinseyquarterly.com.
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On the 2nd of April, a Business2Business (B2B) meeting with ASEAN and European business leaders as well as leading Cambodian businessmen established networks and discussions on the opportunities offered by the Cambodian legal services, tourism and the garment industry. This event also featured an exclusive presentation on "Building Business in Myanmar" by Mr. Winston Set Aung, Economic Advisor to the President of Myanmar, and Mr. U Win Aung, President of the Union of Myanmar Federation of Chambers of Commerce and Industry. The popular session has introduced this exciting new market as a potentially major player within ASEAN.
Photos by Sam Jam / Eurocham Cambodia
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asean
EU-ASEAN Business Council: Key partner of 2nd ASEAN-EU Business Summit and regionally expanding
PHNOM PENH - The EU-ASEAN Business Council successfully engaged in a dialogue with policy-makers and the local and regional business community from the ASEAN region and Europe at the 2nd ASEAN-EU Business Summit in Phnom Penh on 31 March -1 April 2012. It officially welcomed the recently created European Chamber of Commerce in Cambodia as a full member of the Council and the European Chamber of Commerce of Laos as an observer. The 2nd ASEAN-EU Business Summit is an important milestone to support and encourage further ASEAN economic integration. The EU-ASEAN Business Council is one of the key partners of the Summit with high-level representatives from the European business community speaking on the panels as well as submitting regional position papers that were presented to the ASEAN Economic Ministers. In a series of private side-meetings, the Council members met with the EU Trade Commissioner Karel De Gucht, the ASEAN-Secretary General Dr. Surin Pitsuwan, as well as Ministers of selected ASEAN countries, including the host, H.E. Cham Prasidh, Minister of Commerce, Cambodia, to share their feedback and provide inputs to support economic growth and integration of the region.
EU-ASEAn Business Council representatives with EU Trade Commissioner Karel De Gucht in Phnom Penh on 31 March.
The EU-ASEAN Business Council also met with EU Commissioner for Trade, Karel De Gucht who said: The EU-ASEAN Business Council has an important role to play in the EU strategy in South East Asia. I welcome its expansion to include key European businesses operating in Cambodia and eventually Laos. The EU and ASEAN are both real powerhouses in international trade terms. And so it makes real business and political sense to see us working more closely together as that will see our companies go from strength to strength.
The EU-ASEAN Business Council has an important role to play in the EU strategy in South East Asia.
- Karel De Gucht, EU Trade Commissioner
During the welcoming ceremony of the Summit, the EU-ASEAN Business Council Chairman, Mr. Stefano Poli, emphasized the important achievements of the Council since its launch in May 2011 at the 1st ASEAN-EU Business Summit in Jakarta, Indonesia. Mr. Poli said: During 2011, the EU-ASEAN Business Council positioned itself as the key advocacy partner for the European businesses in ASEAN. This year our goal is now to consolidate what we achieved, enlarging our Council to new members, continuing our efforts to represent our members interests and help them to grow their operations in the region (and in new markets like Myanmar), fostering dialogue and increasing awareness of the great opportunities opening up for both European and ASEAN businesses. The Summit confirmed the importance of European businesses in South East Asia to economic growth in the region. The economic ties between the European Union (EU) and ASEAN are strengthening year by year. In 2010, trade between ASEAN and the EU amounted to EUR 150 billion. This has further upward potential with the establishment of Free Trade Agreements and Comprehensive Economic Partnerships between the EU and ASEAN countries. The EU-ASEAN Business Council is a pan-ASEAN platform for European businesses to advocate their trade and investment interests in South East Asia. It acknowledges the importance of ASEAN as a market for European companies as well as a key supply chain centre for trading with the rest of the world and strongly supports its growth and integration. ASEAN attracted EUR 10 billion worth of European investments in 2010 and high trade volumes between the EU and ASEAN are making the EU ASEANs largest trading partner.
It is encouraging to see that the network of European business chambers is growing larger in ASEAN
- Preben Hjortlund EuroCham Chairman
EuroCham Vietnam Chairman Preben Hjortlund stated that: We welcome the accession of EuroCham Cambodia to the EU-ASEAN Business Council and the ECCIL in Lao PDR being granted observer status. It is encouraging to see that the network of European business chambers is growing larger in ASEAN in general and in Vietnams neighboring countries in particular. We look forward to working closely with the European business community in both Cambodia and Lao PDR. The enlargement of the EU-ASEAN Business Council underlines the important role of the organization in advocating European trade and investment interests in the region.
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On the occasion of the visit of the Belgian economic mission led by HRH Prince Philippe accompanied by more than 250 delegates and the local Belgian community to Vietnam. BeluxCham organized a breakfast seminar at Sheraton Hotel for the delegation. The seminar brought more than 100 participants informative and insightful topics about Retail & Distribution in Vietnam. A special thanks to two speakers Mr Kristof Claes - Brand Marketing Director of Brand Partner and Mr Bart Verheyen - Procurement & Merchandising Director Food of METRO Cash & Carry Vietnam. In the evening of the same day, we organized the Vietnam Business Achievement Awards for the second time to honor outstanding and successful Belgian/Luxembourg enterprises and leaders. The ceremony, held at the Sheraton Hotel in the presence of HRH Prince Philippe, the Ambassador, Honorary Consul and hundreds of official delegation participants. The Saigon River Factory Vietnam won the award for the best company. Dinh Vu Industrial Zone, a joint won a special award for long-standing business achievement. The Prize The best senior manager award went to Bart Verheyen, Procurement & Merchandizing Director at Metro Cash & Carry Vietnam. Jan De Nul NV won the best company award for a firm active for less than three years in Vietnam. On 29th March, Beluxcham successfully held the Annual General Meeting, in which Mr. Michel Goetghebeur officially became a new member of BeluxCham Board of Directors after receiving the majority vote.
Connecting: To enhance connections between French business people and other businessmen in Vietnam, CCIFV organises Thursday networkings. In Ho Chi Minh City these networkings take place every last Thursday of the month, whereas in Hanoi they are every second Thursday of the month. The theme is different each time, to maximize reach to many industries. Promoting: CCIFV is always looking to expand its communication to be able to promote members in a more efficient way. A new partnership with Le Courrier du Vietnam, the main French language newspaper published in Vietnam was set up in February. Le Courrier will now regularly diffuse information from CCIFV on their website and weekly newspapers. Supporting: Helping French companies to develop their activities in Vietnam is one of CCIFVs main missions. Today, CCIFV supplies French/English-speaking employment reference, support in prospecting and implementing human resources. The Recruitment service, offered only to members, provides thorough knowledge about companies needs in terms of recruitment CCIFV Events in April: April 18th: New Entrepreneurs Committee The Business Plan (HCMC&Hanoi/FR) April 20th: Breakfast with CCIFVs members (HCMC/EN) April 24th: Building and Civil Engineering Committee with INSA Lyon (HCMC&Hanoi/FR) April 25th: Sourcing Committee Purchasing methods (HCMC/FR) April 26th: Debate Luncheon with the French Ambassador Which place for Vietnam in the global economy after its WTO entry (Hanoi/FR/Members only) April 26th: Monthly networking (HCMC).
www.dbavietnam.net
On Friday 16 March DBAV organized a "DBAV & Dutch Embassy Event" in the Intercontinental Hotel Saigon. The Dutch Ambassador Mr. Scheffers spoke about bilateral trade relations between the Netherlands and Vietnam including the follow up after the successful trade visits in 2011. In addition Mr. Kelkes, First Secretary Economic & Commercial Affairs pointed out the various Trade Services offered through the Embassy in Hanoi as well as the Consulate General in HCMC to Dutch businesses. In February a company visit was organized for the DBAV members to the Mercedes factory in Ho Chi Minh city and the DBAV Hanoi Branch organized a visit to the Pepsi factories on 11 February. Upcoming events: On 30 March the DBAV Hanoi branch has arranged another company visit and on 21 April the National Day - Queens Day - will be celebrated by the Dutch in Vietnam. The Dutch Network Drinks will traditionally be held every 3rd Friday in HCMC and every 2nd Thursday in Hanoi. Announcement: Mrs. Hyunju Santen- Park will take over the DBAV office from Mrs. Felicia Loudon per 16 April 2012, all DBAV contact details will remain unchanged. 14
GBA Business Meeting, 05th March: GBA was pleased to welcome Louis Taylor, EuroCham Vice-Chairman and Chief Executive Officer of Standard Chartered Bank and Ralf Matthaes, Regional Managing Director of TNS Vietnam, as guest speakers at the Business Meeting in March. Mr. Taylor shared some key Vietnam economic issues as well as the outlook on banking and financial markets, while Mr. Matthaes gave an overview of market in 2011 and a forecast in 2012. Upcoming events: Hansetag 2012 As usual, GBA together with NordCham are going to organize this annual event on Saturday, 21st April. Once again, the event will serve with imported Flensburger beer, live band, the amazing pom pom girls and a sumptuous Northern European buffet. Oktoberfest in Saigon 2012 GBA and its co-organizer Windsor Plaza Hotel are preparing for this biggest event of the year, the Oktoberfest Saigon 2012. The festival will run from October 5th to October 13th (with a break on October 7th and 8th) and will again offer the foot-stomping music, refreshing German brew and delicious food which everyone has come to expect. More than 15,000 people are expected to participate. The Oktoberfest Saigon this year promises to bring a lot of amazing activities to mark its 20th Anniversary in Vietnam. Please sign up before 1st of May as the event sponsors to get the early bird discount program. If you have any question, please feel free to contact GBA office at +84 8 3823 9772 and email: [email protected] or visit GBA website: www.gba-vietnam.org for more information.
On February 27, ICHAMs General Assembly was held: 2011 activities were introduced, the financial statement 2011 was approved and the new Icham Council (that will take office for the next 2 year period) was approved as follows: Michele D'Ercole, Fabio Albanese, Paolo Fornari, Leonardo Buscaroli, Van Tinh Tra Le. On February 29, during the first ICHAM Council, the following responsibilities have been assigned: President: Michele D'Ercole, Vice President: Fabio Albanese (Datalogic Scanning Vietnam), Treasurer: Van Tinh Tra Le (Tran Le & Partners), Councillor: Paolo Fornari (Viet Y Trading service and Technology), Councillor: Leonardo Buscaroli (Interglobo Far East) On March 6, ICHAM co-organized with the Italian Embassy a meeting with the Vietnamese Customs at the Italian Ambassador's Residence in Hanoi. The aim of the meeting was to help Italian companies to solve some issues with the customs clearance procedures. On March 30, in Bologna (Italy), the Icham Chairman, Michele D'Ercole. joined as speaker the "Roadshow Vietnam". The Roadshow was sponsored by the Italian Embassy in Vietnam together with the UNIDO project "SME Cluster Development" (funded by the Italian Cooperation), and aimed to inform Italian entrepreneurs about the investment and market opportunities in Vietnam. An important initiative in a difficult moment for Italian companies. The "Roadshow Vietnam", that stopped off in Milan, Padova, Bologna and Pesaro from March 26 to 30, aimed to provide Italian entrepreneurs with essential information not yet widespread, to get to know and evaluate investment opportunities in the country.
www.nordchamhn.org.vn
On January 13th, Nordcham Hanoi organized a New Year Dinner for its members at the Saigon Restaurant at InterContinental Hotel. 25 people had a joyful evening with good food and atmosphere. A great way to kick-off the New Year. On 7 February, Nordcham Hanoi organized a dialogue on intercultural communication at Press Club. The Moderator who was Anna Pia Hudtloff pinpointed some of the ongoing challenges related to internal communication in Nordic companies operating in Vietnam. On February 3rd, representatives from Nordcham Hanoi returned to the National Pediatrics Hospital in Hanoi to donate a total of VND 20 million to five poor families with children fighting serious pediatric diseases such as blood cancer. On March 16th, Nordcham Hanoi launched a new type of activity company visits. The first company visit was organized at Carlsberg. Members visited the new brewery in Me Linh. After a factory tour, the members listened to Carlsbergs strategy for the Vietnamese market. For an update on coming events in April and May, please visit the Nordcham Hanoi website - www.nordchamhn.org.vn. 15
HCMC 10 th January - Business Luncheon on Talent Management in a Volatile Environment & 2011 Vietnam General Industry Compensation Survey Results
Talent management remains one of the most pressing and challenging issues for business leaders globally. With Asia Pacific being one of the fastest growing regions and in the context of an uncertain and volatile business climate, the need for effective talent management is more important than ever to organizations in the region. Yet many organizations are struggling to find the right approaches and solutions to implement a successful talent management strategy. Bob Charles, Regional Leader at Towers Watson Asia Pacific and Jessica Lu, Senior Consultant at Towers Watson Vietnam shared their insights on talent management. They also provided the latest market trends including salary increases, staff turnovers and other HR issues in the market to help attendees with their reward planning.
HCMC 13th January - Business Luncheon on European CEOs Vietnam Outlook 2012 in comparison with a dynamic ASEAN
Vietnams major strengths are its stable political environment, high degree of personal security, and a stable government and political system. However, EuroCham members also have several concerns with Vietnam, involving its infrastructure, cost of borrowing, inflation and forex stability. Companies are satisfied with the availability of low cost labor, but are concerned with the availability of skilled personnel. What is the outlook for Vietnam for 2012? How does it compare to other ASEAN countries? The speakers Marc Townsend Managing Director of CB Richard Ellis Vietnam, Louis Taylor - CEO Vietnam, Cambodia & Laos of Standard Chartered Bank and JV Raman - Chairman of Unilever Vietnam shared their perspectives on these topics and their expectations for the year 2012.
When most of the world is still in less than favorable economic conditions, Vietnam appears to have continued GDP growth in 2011. But what kind of growth and development figures does the year 2012 hold for businesses? EuroCham started year 2012 with a business luncheon on Vietnams economic outlook in which Ms. Victoria Kwakwa, the World Banks Vietnam country director was invited as special guest speaker to give an insight on the business climate in Vietnam in the year of Dragon. In addition, many other issues were discussed, such as how the government will balance growth and inflation, the best policy to achieve the nations economic reform and the other priorities that the government should focus on this year were brought into discussion. The event drew a large number of participants.
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Hanoi 28th and HCMC 29th February Business Luncheon on Sustaining Vietnams Growth: The Productivity Challenge
Vietnams economy is transforming and growing fast. However, along with the growth, the country is facing more challenges. Labour productivity growth needs to speed up in order to uphold the countrys current development. Mr Maco Breu Managing Partner of McKinsey & Company discussed the productivity challenge in Vietnam, an agenda for sustaining growth and implications for business. The event was held in both Hanoi and HCMC. Turn to pages 8/9 of this Newsletter for an in depth look at Vietnams productivity challenge.
HCMC 2nd March - Business Luncheon on Vietnams New Economic Policies - Impact on FDI Enterprises
The 12th Vietnamese Communist Party Congress XII has finished with a new management system together with changes to political and economic polices. These changes will have an effect on business operation of foreign enterprises in Vietnam. During our luncheon, Mr. Tran Du Lich - Economic Committee Member of the National Assembly and Mr. Sumit Dutta - Chief Executive Officer of HSBC Bank Vietnam commented on the impact and efforts of Vietnamese government to improve the investment environment in the country.
HCMC 15th March - Special Dialogue with MoIT Deputy Minister Hoang Quoc Vuong
This special event gave EuroCham members the rare opportuity to interact directly with and raise their questions to The Ministry of Industry and Trade Deputy Minister Hoang Quoc Vuong, a key decision maker in the Vietnamese Government. Among the issues discussed were Energy, Fuel and Trade.
Hanoi 16th March Business Luncheon on Leading Teams with Cultural Intelligence
Cultural awareness is one of essential elements of doing business overseas. Ms Pui Yee Chan our guest speaker from MDF IndoChina Training delivered a comprehensive presentation on how the difference in cultural settings would affect the working approach, communications in daily work and management styles. Participants took part in a small evaluation task and were encouraged to share their experience while working with people from different cultures and different countries, especially in Vietnam.
Hanoi 23rd Mar Business Luncheon on Foreign Direct Investment in Vietnam Key Findings and Implications for Businesses from the latest PCI/FDI Survey
EuroCham invited Dr. Jim Winkler Project Director of USAID Vietnam Competitiveness Initiative, to a business luncheon to give a talk about the current situation based on findings from the Provincial Competitiveness Index (PCI/FDI) Survey and possible implications for businesses that operate in Vietnam. His presentation highlighted the profile of existing FDI in Vietnam, the key policy and regulatory issues that are facing investors, government, and also FDI contribution to economic growth. In addition, he explained more about the key issues related to trade and investment such as customs and informal charges. To find out more about the PCI/FDI survey turn to page 4-6 of this Newsletter.
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Vietnam Business Forum (VBF) Secretariat transitions to Consortium jointly led by EuroCham, AmCham and VCCI
For more than a decade, the VBF has served as a not-for-profit, non-political channel for nurturing public-private dialogue with the aim of developing a favorable business environment that attracts domestic and foreign private sector investment and stimulates sustainable economic development in Vietnam.It has done so primarily through specialized working groups as well as general forums preceding the semi-annual Consultative Group Meetings. The objective of the VBF is to provide a public-private dialogue channel to develop a favorable business environment that attracts private sector investment and stimulates sustainable economic growth in Vietnam. The objective of the VBF is to represent and promote the interests of the national and international business community in Vietnam as well as to promote investment and trade between Vietnam and the respective countries/regions.
On the 8th February, the consortium members celebrated the transition of the VBF Management, and not the VBF as such in Hanoi. There will be no change in the nature and quality of the VBF. In particular the working groups and their work on the business issues will remain as the heart of VBFs advocacy activities. What will change, is merely the management: The Vietnam Business Forum (VBF) Secretariat transitions to a 16 members strong consortium jointly led by EuroCham, AmCham and VCCI, and supported by the Worldbank Group, and a broad number of 12 associated business chambers including in particular the Asian chambers represented in Vietnam, such as Japan, Korea, Singapore and Hong Kong, as well as VASEP, HBA and LEFASO on the Vietnamese side. A new Management Board of the VBF was elected today, at the venue of the new VBF Secretariat, composed of 7 members, including AmCham, EuroCham, VCCI, Japan, Korea. Two Co-Chairmen were elected, Alain Cany, Chairman of EuroCham, and Vu Tien Loc, Chairman VCCI. The new Management Board will manage the new VBF Secretariat at the EuroCham office in Hanoi. VBF Secretariat Officer, Ms. My Tra Vu (Tramy), former IFC staff, was EuroCham Chairman Preben Hjortlund with VCCI Chairman hired by the consortium to make sure the transition goes Vu Tien Loc in Hanoi. smoothly in the coming months. Vietnam Business Forum Secretariat: G/F, Sofitel Plaza Hanoi, No. 1 Thanh Nien Road, Hanoi Tel: (84 4) 3715 2223 Email: [email protected] Contact point: Vu Tra My ([email protected]) (0904 061 387)
Chamber Update
The EuroCham Annual General Meeting was held on the 7th March in Hanoi and HCMC simultaneously. At the meeting, members voted for the 2012 EuroCham Executive Board. It consists of the following members:
Head Business Development Vietnam, PCAM - Private & Business Clients Deutsche Bank AG, Vietnam
To contact a member of the EuroCham Executive Committee please email [email protected] and we shall forward your message
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Chamber Update
After the EuroCham Executive Committee 2012 (ExCo) was voted in at the Annual General Meeting on the 7th March, Preben Hjortlund was elected as EuroCham Chairman by the ExCo during its first meeting. This almost coincided with the appointment of Paul John Jewell as a the EuroCham Executive Director. Paul is taking over the role from Dr. Matthias Duehn, who left EuroCham in mid-March after a two year term as Executive Director. Both Preben and Paul are looking forward to working together closely with all EuroCham members in organizing a wide range of activities to provide a stronger and more unified voice on behalf of European Businesses in Vietnam.
MNC Group
Sector Committees
Nicola Connolly Nicolas Audier
Lead
Louis Taylor
Support
Paul Jewell
Project 30
Green-Biz 2013
Erdal Elver
Food Festivals
MNC Group
General Events
HCMC: Luc Cardyn Quang Hue Vo HANOI: Nicola Connolly Andreas Stoffers
Lead
Nicolas Audier
Quang Hue Vo
Tomaso Andreatta
Support
Nicola Connolly Tomaso Andreatta Costantino Sambuy Paul Jewell Andreas Stoffers Thanh Le Simon Britsch
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Advocacy Update
Sector Committee (SC) Report January - March 2012
Please see below an update on the activities of various EuroCham Sector Committees. To find out more about our sector groups, please visit www.eurochamvn.org
CropLife SC: EuroCham CropLife Vietnam SC continues to work closely with the Plant Protection Department, Ministry of Agriculture and Rural Development to promote the safe use of pesticides, under its Stewardship Project. Acknowledging CropLife Vietnams remarkable achievements and devotion, CropLife Asia continues to commit its support to CropLife Vietnam through both Stewardship Project and Anti-Counterfeiting Project 2012. Human Resources (HR) and Training SC: in February, EuroCham HR SC organized a meeting with other Chambers, including AmCham, CanCham, Hong Kong Business Association, BBGV, aiming for a joint effort and better coordination on HR and Training issues. On the 24th March, EuroCham HR SC presented its position paper at the dialogue on revised Labour Code with the Social Affairs Committee of Vietnams National Assembly and MOLISA.. Information Technology Sector Committee: established in October 2011, the IT SC quickly set out its prioritiy activities for 2012, namely IT-related legislation, data protection, IT employee skill set and IT business development. The IT SC has also developed its own Code of Conduct, aiming to assist members in their work and to set standards for being a role model for (European) IT Industry in Vietnam. Multinational Companies (MNCs) Group: as one of its efforts to raise the visibility of the EuroCham Whitebook 2012, the MNCs group is cooperating with the VITV channel for a talk show named EU-VN Biz. The talk show serves as a dialogue channel between European companies and Vietnamese experts/decision makers on issues mentioned in the Whitebook. On the 15th March, EuroCham MNCs organized a dialogue with the MoIT Vice Minister Hoang Quoc Vuong, focusing on energy and power issues. Also, another dialogue on the revised Labour Code is going to be held in April in Hanoi with the participation of MOLISA Vice Minister Mr. Pham Minh Huan. Nutritional Foods Group: EuroCham Nutritional Foods Group (NFG) continues to have Price Law, Food Regulations/Standards and Decree 21 as its priorities in 2012. In March, EuroCham NFG sent its position paper to the Office of Government and Ministry of Health, to raise its concerns on the draft Law on Food Safety. Meanwhile, EuroCham NFG is cooperating with AmCham to send a joint-letter to the Ministry of Finance to put forward constructive comments on some critical issues in the draft Price law, i.e. price registration, list of essential goods subject to price stabilization. Pharmaceutical Group SC: Pharma Group has worked devotedly to promote Code of Ethics in the Pharmaceutical industry. In February, Pharma Group has strongly supported the Ministry of Healths campaign in promoting good behaviors in Vietnamese hospitals nationwide. Internally, Pharma Group is going to finalize its own Code of Ethics for all 24 members. Pharma Group continues to work closely with the Drug Administration of Vietnam to enhance the capacity of Vietnamese health staff. The upcoming training course is planned to be organized in June 2012. Tourism & Hospitality SC: In January, EuroCham Tourism and Hospitality SC sent a congratulatory letter to the Ministry of Culture, Sport and Tourism on their new logo and tagline. In March, the Sector Committee also cooperated with some law firms to address members concerns on the implementation of Decree 95 for the tourism and hospitality sector. The SC is planning to establish its sub-law committee, serving as the focal point for members legal concerns.
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Project Update
CSR Calendar Forum held in Hanoi and HCMC
The SWITCH project Helping Vietnamese SMEs adapt and adopt corporate social responsibility (CSR) for improved linkages with global supply chains in sustainable production aims to improve the environmental and social performance of Vietnamese SMEs and enhance their international competitiveness through better understanding of corporate social and environmental standards and strengthened cooperation between Europe and Asia. The lead partner is UNIDO and there are 8 partners in this project including VCCI, EUROCHAM, LEFASO, VITAS, VEIA, ILLSA (Institute of Labour science and social affairs), STAMEQ (Directorate for standards and quality), MTEC (National Metal and Materials Technology Center - Thailand) and SEQUA (Germany). CSR Calendar Forum on Consumer Issues Protecting Consumer Searching the dialogue improving business was held in Ho Chi Minh City and Hanoi on the 12th and 13th January, 2012 As a consumer of goods and services, have you ever been disappointed about what you buy and use? Have you complained about products with producers and got what you asked for? How a company should react on consumers concerns? What can business learn from its clients? Recent cases show that Vietnam consumers rights are more and more violated. Whether the recent release of Law on Consumer Protection can improve the situation? Business has to respect the law and should be aware of protecting consumers health and safety in order to develop sustainably and become a trustful part of national economy. Main topics in this event were: The responsibility of producers (is it limited to warranty?) The rights of consumers The legal framework on consumer protection What are YOUR experiences, suggestions and expectations?
Speakers of this event came from Consumer protection Department of Vietnam Competition Authority in Hanoi. There are four representatives of Vietnamese companies from Bitis, Hanoi Rubber Company, Garco 10 and Dong Xuan knitting Ltd share experience in this event. CSR Calendar Forum on Intellectual Property Rights was held in Ho Chi Minh City and Hanoi on the 6th and 4th April 2012 What does the term Intellectual Property remind you of? Patents, industrial designs, trademarks or geographical indications? How about branding? Does it mean simply logo, slogan or trademark? Imagine that you are a business owner producing a typical product. You have your own famous design and trademarks which attract a lot of customers. Then your competitors copy your product and sell with cheaper price. Do you think your customers will buy this fake product? If Yes, how do you protect your brand? This event was held in line with the ceremony of 10 years of the World Intellectual Property Day - April 26.
Beside the keynote speech delivered by Mr. Nguyen Van Bay, National Office of Intellectual Property of Vietnam, we also invited company representatives to share their experience in protecting company brands. For more information please visit the project webpage www.csr-vietnam.eu
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Legal Update
Privacy Law Is there privacy law in vietnam and is it compatible with international models?
Vietnam is gradually developing relevant privacy law that will enhance confidence in privacy protection. At present, Vietnam does not have comprehensive privacy legislation, but it does have short privacy sections in their laws and regulations on a scattered basis.
Vietnams privacy principles are very short, and do not appear to be based on an international model. However, as a member of APEC, Vietnams short privacy principles are compatible with the APEC Data Privacy Framework (2004) at this stage. Noticeably, the current Law on E-Transactions, which represents one of the e-commerce laws in place, is based on the UNCITRAL Model Law on Electronic Commerce (1996). What will constitue privacy and how is it protected by law? Vietnamese privacy law sets forth no definition of privacy. However, there appear some vague rights and provisions under Vietnams 1992 Constitution (as amended in 2001), the 2005 Civil Code and a number of relevant laws and regulations cover privacy and protection thereof. We examine hereunder selected rights and provisions in these legal instruments with a view to giving a background of Vietnamese privacy law. Constitution In light of the Constitution, privacy protection is only extended to (i) places of residence and (ii) correspondence, telephone and telegraph communications. Indeed, Article 73 of the Constitution provides that citizens have the right to be inviolable in their places of residence; no one is allowed to enter into another persons home without the latters consent, unless otherwise authorized by law; the confidentiality and safety of citizens correspondence, telephone and telegraph communications are guaranteed; and only authorized persons have the right to conduct residence searches, to open, check and hold citizens correspondence and telegraph communications and then only as regulated by law. These would require significant expansion of items eligible for privacy protection to align Vietnam with international models. Civil Code The Civil Code has a separate chapter governing personal rights, which are defined as civil rights personal to each individual and may not be transferred to other persons, except where otherwise provided by law. In general, when the personal rights of an individual are infringed, such person is entitled to (i) make his or her own denial, (ii) demand, or request a competent body or person to compel, the infringing party to terminate the infringing act and to issue a public apology and retraction, and (iii) demand, or request a competent body or person to compel, the infringing party to compensate for damage. Personal rights include, among others, the right to secrets of the private life of an individual and the right to safety of place of residence. No definition is provided of information relating to secrets of the private life of an individual, and therefore the phrase may be widely interpreted by the competent authorities. Although both rights are not expressly defined they are also to be respected and protected by law. Certain mechanisms of protection of the right to secrets of the private life of an individual are stipulated in the Civil Code. Firstly, the collection and publication of information and data about the private life of an individual must have the consent of that person or, where that person has died, has lost the capacity for civil acts or is not yet fifteen (15) years of age, the consent of a parent, spouse, adult child or representative of that person must be obtained, except where the collection and publication of information and data is required pursuant to a decision of an authorized State body. Secondly, the safety of the mail, telephone, electronic mail and other forms of electronic information of an individual shall be ensured and kept confidential. Finally, control of the mail, telephone, electronic mail and other forms of electronic information of an individual may only be conducted in cases provided by law and pursuant to a decision issued by an authorized State body. The Civil Code also requires the service providers to keep confidential with respect to the information of which it has had knowledge during the period of providing the service as agreed or as provided by law.
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Business Update
Laws on Other Sectors
Commercial Law The Commercial Law is silent on what constitutes privacy. However, like the Civil Code, it introduces a general obligation of the commercial service providers that they must keep confidential any information made known to the service provider during the process of provision of the services if so agreed or required by law. Law on E-Transactions When conducting e-transactions, a State body must process to ensure not only (i) the integrity, security and confidentiality of e-transactions but also (ii) confidentiality of information related to e-transactions. The law further obliges the State bodies not to use information related to e-transactions for other purposes contrary to the regulations on use of such information as well as not to disclose such information to any third party as stipulated by the law. A body, organization or individual shall also not be allowed to use, provide or disclose any information on privacy or information of another body, organization or individual which the former has accessed or controlled in an e-transaction without the consent of the latter, unless otherwise stipulated by law. Law on Credit Institutions The Law on Credit Institution prohibits employees, managers and executives of a credit institution or foreign bank branch from disclosing the business secrets of such credit institution or foreign bank branch. Credit institutions and foreign bank branches are prevented from providing information to any other organization or individual about accounts, deposits, deposited assets or transactions of clients conducted at such credit institutions or foreign bank branch, except when requested by a competent State body in accordance with law or the client consents. Law on Information Technology The Law on Information Technology disallows organizations and individuals to perform any of the following acts: (i) hacking into, modifying or deleting information of another organization or individual in the network environment; (ii) preventing access to information by other organizations and individuals in the network environment, unless the law so permits; (iii) cracking, stealing or using passwords, codes and information of another organization or individual in the network environment; and (iv) other acts causing loss of safety or confidentiality of information of another organization or individual which is exchanged, transmitted or stored in the network environment. Law on Post As a postal service provider, it burdens the obligation to guarantee letter secrecy in accordance with the law and not to disclose information about the use of postal services, opening or destroying postal articles in contravention of law. Law on Telecommunications In light of the Law on telecommunications, confidentiality of personal information about any organization or individual which is transmitted via a public telecom network shall be protected. Telecom enterprise must not disclose personal information about telecom service users comprising the users name and address; number and location of transmitting or receiving server, times of calls and other personal information supplied by the user when entering into a contract with such enterprise, unless otherwise provided by law.
New Members
Welcome to our new Corporate Members
Tran Le Investment
Individual Members Mr. Fabrice Ms. Catherine Mr. Roberto Mr. Vandevoorde Mr. Bart
The latest 2012 edition of the annual EuroCham Membership Directory has been released. Member representatives will receive one copy each and additional copies are available at EuroCham offices. Members can view complete member profiles and update their own company profile online by visiting www.eurochamvn.org/Directory.
The European Food Festival 2012 will be held in Hanoi on the 26th of May and in HCMC at the end of June. Dont miss this great family event with fine food, and drinks from all over Europe and a wide variety of entertainment for the whole family. Please note that the EuroCham offices in Hanoi and HCMC will be closed from April 30. - May 1. 2012 for public holidays.
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Vietnam Country O ce: Germanischer Lloyd Industrial Services Vietnam Co., Ltd Address: Unit 1001, 10th Floor, 77 Hoang Van Thai St., Tan Phu Ward District 7, Ho Chi Minh City, Vietnam Phone: +84 8 5416 0252 Fax: +84 8 5416 0254