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On the other hand, the lack of regulations facilitates many companies liberally operating without satisfying any legal requirements. In , the Vietnamese dong was used by 15 per cent of surveyed cryptocurrency payment companies worldwide. The local wholesalers also can lease the warehouse to the FIE for them to do the importation activities. First, she must determine the mixed-use land areas in the city and its suburbs which have been planned to be residential areas. The rejection shall be written and must contain reasons to assist the entity in re-submitting their package. Furthermore, in the case of foreign developers, they cannot acquire the land use right directly from the individuals holding the land use right over such interspersing areas. The lending is believed to help customers, especially household businesses and SMEs access banking and finance services at low costs. By signing the EVFTA and the opening in the provisions of applicable laws, Vietnam is promised to welcome many multinational pharmaceutical companies especially, corporations from European Union to invest to Vietnam as form of drug exporter and importer. During the initial application stage, the fintech company sandbox entity shall submit a sandbox package, including four types of dossiers, as stated in the image. Upon the receipt of the package, the authorised state agencies ASA shall review the dossiers and inform the sandbox entity about the potential suitability of its package. Fintech is believed to help customers, especially individuals and small- and medium-sized enterprises SMEs , access banking and financial services at lower costs and with more accessible procedures compared to traditional banking services. Moreover, Article 2. The local wholesalers may have more contracts with the FIE to distribute imported products to hospital, pharmacies and retailers. They have induced a mix of different land types in many areas which are also different from the current urban planning in Ho Chi Minh City and its suburbs. By this license, Sanofi may do the direct import and sell to the local wholesalers. Once the decision on deploying the project has been made, it lays out the framework for other fintech companies operating similar services. For legal advice, please contact our Partners. The landlord legitimately holding the land use rights over the mixed-use land parcel, even though he fulfils all abovementioned requirements for the developer and landlord of a residential housing development project, is still not allowed to retain their rights under Article The land parcel, at the time the landlord registers the land use right originally or receives the entitlement transfer, must have already been legally recognized as residential land. The process can be explained in four stages. Her decision shall be the precedent for the other major cities in Vietnam and give us the final solution for the rigidity of Articles Hopefully, these issues shall be resolved as soon as possible in order to maintain a strong and steady residential housing market in Ho Chi Minh City in the final semester of this year. In corporate finance, the introduction of new technologies such as blockchain, with its main applications in cryptocurrencies, draw much attention in Vietnam, especially in the context of the globally skyrocketing rise of bitcoin and ethereum. Vietnam is one of the developing countries firmly committed to this development, with reliable infrastructure for digital finances for instance Internet and smartphone and a young and interested population. With the development of the Fourth Industrial Revolution, the application of digital technologies for providing financial services has become the key driver in promoting financial inclusion. For certain residential housing projects, it is required to carefully study the history of the land use right, land type and the area location in the current town planning. Simultaneously, the ASA would establish an expert committee, including financial, legal, and technical experts to monitor the operation of the service. A sandbox typically works as depicted in the image above. Article Circular 36 regulates the conditions for the warehouse using for goods storage — which are one of significant requirements to apply for CSC of drug import activity. After the experimentation stage has ended, the ASA shall make decisions regarding the project, meaning decides to either to extend the experimentation time, discontinue the project, or officially deploy the project. Upon approval by the ASA, at experimentation stage, the entity shall operate its service only if it has notified its customers that the service is being tested in a sandbox, then disclose all key risks that customers may encounter while using its service. However, with a very large market with more than 96 million people, there are many chances for both FIE and local partners to perform their business activities in pharmaceutical fields, especially when the local companies has the right to do the distribution, while the FIE cannot do so. However, the more numerous short-term planning changes, the more serious obstructions can be caused. There is no formula for auditing land parcels in any residential housing development project. The development of P2P lending will also create a new capital supply channel instead of the credit system of traditional banks. Furthermore, Decree No. At that time, the products imported by FIE will have more competitive price and may affect to the products imported or manufactured by local companies. Second, a simple procedure of land type conversion should be established in order to facilitate the recognition of residential housing project developer. Using a regulatory sandbox may affect digital financial inclusion in several ways including new, affordable products, or services that address the needs of the excluded customer segments; distribution channels that reach out to dispersed populations in remote and rural areas; operational efficiencies that allow financial service providers to serve low-margin clients profitably; ways to address compliance and risk management barriers to financial inclusion; and increasing competition that may prompt traditional service providers to focus more attention on unserved segments and improve the procedures to keep their revenues steady. The first sandbox was launched in the UK in , and many countries have followed suit. Looking at the positive side, the grant for FIE to do the importation will help patients to receive drug products and services with good quality and cheaper price. The FIE with great financial resources somehow may defeat other local companies with smaller and weaker financial resources. These operations outwith the control from authorities carry too many risks related to high-tech crimes and fraud or financial crimes, such as theft of personal information, tax evasion, money laundering, or unlawful capital mobilisation. This may be considered as the first shot for the foreign invested enterprises to expand their business operations with a greater involvement in pharmaceutical market in Vietnam. In the following evaluation stage, the sandbox entity would have discussions with the ASA to set out specific milestones for their project, for example, the time for testing and operation or the time for the completion of the experimentation stage. In Southeast Asia, four countries have formulated and implemented the sandbox, namely Singapore, Thailand, Malaysia, and Indonesia. It can be seen that the applicable laws of Vietnam already aligned with the requirements under the treaties that Vietnam attended i. Its contents do not constitute legal advice and should not be regarded as detailed advice in individual cases. All these factors have given rise to a vibrant tech entrepreneurship scene for fintech solutions. It is extremely difficult to demonstrate exactly mixed-use land areas and no mechanism exists to convert them systematically without raising the market price. However, they are the basis for any commercial decisions of the investor in order to avoid the increased and long-term risks of legal costs, reimbursement for clearance and seizure and significant delays of the whole project. Though Pharmaceutical Law effective until 1 January regulates the drug importer as a type of drug business establishments, this Law does not have any provision to grant the FIE to do the drug importation. The permission for establishing a residential housing development project is granted by tender, auction or recognition of a certain developer, who is also the landlord under Article In the latter case, he must generally fulfil all requirements for a residential housing developer and a legitimate landlord in accordance with Articles 21 and Accordingly, he must either intrinsically or by way of transfer hold the land use right over the parcel on which a residential housing project may be allowed to be established. Specifically, those companies would still have to apply for a sandbox process. First, Article Second, no administrative procedure has been established in order to allow the developer to register the conversion of such specific agricultural, commercial areas into residential ones like the rest of project area even if it is legitimately corresponding to the town planning. In my opinion, this movement will provide more good effects to the pharmaceutical market rather than negative effects. Financial inclusion with the participation of fintech companies has been one of the key priorities for many developing countries. Take a brief look at the figures of the residential housing market in Ho Chi Minh City in the last six months of The number of projects proposed by the Department of Construction also dropped This article shall investigate and analyze some motives which may explain such severe restriction by the bodies. It is because the involvement of FIE in importation activity will i provide a good quality products with a competitive price to consumers; ii align with the general development trend of Vietnam when we are attracting more foreign investors to invest into Vietnam; and iii form a competitive environment for the companies to maintain and develop their business activities. Since there is no administrative procedure of converting land type prior to the recognition of the developer, HoREA has proposed, according to the response from the Ministry of Construction, [2] that the recognition of the developer should a priori be granted if:. Step 1: Register the investment project at the licensing authority e. Third, if the entitlement to the other interspersing areas are held by different landlords who have not accepted the reimbursements of clearance and entitlement transfer, the major residential landlord can neither request for recognition as a sole developer nor for a bid in order to acquire the rest of the project areas. In practice, we have witnessed many cases where agricultural and commercial land areas have not been converted into residential ones corresponding to its town planning and how the landlord is disadvantageous in respect of the administrative procedure of conversion and the payment for the land using charges and taxes. However, they may be exempted from going through evaluation and experimentation stage if they operate similar services to the sandbox entity that have been approved by the ASA. Meanwhile, the ASA would set out a legal framework that requires the sandbox entity to comply with, then approve the entity to proceed. Consequently, the dossiers are usually pending or rejected, which leads to projects not being deployed. Last year, the government took note of the rise of fintech and established a steering committee to improve the ecosystem for the sector. However, there is only a limited number of startups working in this field, such as cash2vn, Bitcoin Vietnam, fiahub, and Verichains. However, due to the lack of a legal framework, the competent authorities are confused with assessing dossiers submitted and allowing new activities in the fintech market. These activities were licensed under the mechanism of non-cash payments regulated in Decree No.

Sanofi, a multinational corporation operating in Vietnam has just obtained the Certificate of Satisfaction of Conditions CSC for drug import activities [1]. Each decision shall be based on careful considerations of the ASA after reviewing the pros and cons of the service and feedback from customers.

Hoang Nhu Quynh — Associate.

However, the sandbox entity is allowed to re-apply. This information would help the sandbox entity adjust its business and resource planning. The change of governmental policy in pharmaceutical field will affect significantly to the local pharmaceutical market, also from both sides. When Pharmaceutical Law came into effect from 1 January , the right of the FIE to do the drug importation is recognized. The chain of trading drug or medicinal materials with the involvement of the FIE may be visualized as below:. In respect of the same provisions of the Law on Housing and Decree 99, in case of a residential housing development project where the residential area intersperses with other types of land, over which one or more than one landlord is holding the land use right, the landlord of the residential area might not be recognized as the sole developer of the project due to these following hindrances. These are two typical situations in which residential housing developers may find themselves due to the differences between the urban planning and the current status of the land parcel as registered with agencies and bodies. On the one hand, when the companies wish to implement new projects, they may diligently submit official letters to competent authorities explaining its product and service plan to obtain approval. The article is also available on In-house Community. On the other side, the opening for the FIE to do the drug import will put the local pharmaceutical companies which also do the import, export , the manufacturers in Vietnam both local company and foreign invested company in a more competitive environment. One enacted pilot mechanism for operations of fintech firms is called the Fintech Regulatory Sandbox sandbox. The local wholesalers will do the distribution activities. To serve the urgent demand for a legal framework for fintech, Vietnam can refer to the experience of developed countries in the formulation and development of such frameworks. Blockchain has opened new doors for data collection and analyses, and risk management as well as treasury management in the country. In practice, fintech companies operating P2P lending or blockchain platforms are only obliged to obtain an enterprise registration certificate. The requirements under Article 2. As of last month, the SBV licensed 30 intermediary payment service providers, of which the majority offer e-wallets. Article 2. Vietnam currently has 77 fintech companies. The activities of P2P lending and blockchain are currently not governed by any regulations in the Vietnamese legal system.