한국기업의 베트남시장진출과 베트남의 외국자본도입에 관한 관련법제 현황
Status of laws concerning Korean businesses in Vietnam and Vietnam’s introduction of foreign capital
한정미(한국법제연구원)
26권 4호, 33~53쪽
초록
In November 2005, the new Act on Investment (Luật Dầu Tu) was enacted. The new Act was implemented on July 1, 2006, replacing the Act on Foreign Investment (Luật Đầu tư nước ngoài tại Việt Nam) (enacted in 1987). The purpose of the enactment of the new Act on Investment was the integration of the Act on Foreign Investment (Luật Đầu tư nước ngoài tại Việt Nam) with the Act for Encouragement of Domestic Investment (Luật Khuyến khích đầu tư trong nước (enacted in 1998), so as to have investment-related laws apply equally to domestic and foreign investors. Thus, the new Act on Investment, along with the Corporate Act and the Commercial Act, regulates general corporate activities and investments made in Vietnam. In Vietnam, businesses may invest in any sector and type of business, except for those prohibited by law, and make free and independent decisions under the Act on Investment (Luật Dầu Tu), Article 4 (Investment- related Policies). As for current conditions for Korean businesses’ investments in Vietnam, Vietnam has lost its attractiveness as an investment destination to a certain extent due to an increase in production costs and reinforced regulations amid the worsening management conditions worldwide stemming from the global economic crisis. It also appears that it will not be easy to expect an improvement in the country’s overall competitiveness due to the fact that state-run businesses account for more than half of the country’s GDP. Additionally, many Korean businesses may decide to move their production facilities back home to Korea as goods made domestically can enjoy a drop in custom duties as a result of FTAs made between Korea and other countries and because conditions for domestic production and exports are being improved. Korean businesses can hardly continue to make decisions on investments in Vietnam purely based on its merits associated with cheap labor. Other factors that they should consider include: the increase in the share of investments aimed at Vietnam’s domestic market amid the enhancement of locals’ purchasing power; the local government’s offer of benefits for foreign investors, and; the improvement in matters related to domestic production and exports in Korea.
Abstract
In November 2005, the new Act on Investment (Luật Dầu Tu) was enacted. The new Act was implemented on July 1, 2006, replacing the Act on Foreign Investment (Luật Đầu tư nước ngoài tại Việt Nam) (enacted in 1987). The purpose of the enactment of the new Act on Investment was the integration of the Act on Foreign Investment (Luật Đầu tư nước ngoài tại Việt Nam) with the Act for Encouragement of Domestic Investment (Luật Khuyến khích đầu tư trong nước (enacted in 1998), so as to have investment-related laws apply equally to domestic and foreign investors. Thus, the new Act on Investment, along with the Corporate Act and the Commercial Act, regulates general corporate activities and investments made in Vietnam. In Vietnam, businesses may invest in any sector and type of business, except for those prohibited by law, and make free and independent decisions under the Act on Investment (Luật Dầu Tu), Article 4 (Investment- related Policies). As for current conditions for Korean businesses’ investments in Vietnam, Vietnam has lost its attractiveness as an investment destination to a certain extent due to an increase in production costs and reinforced regulations amid the worsening management conditions worldwide stemming from the global economic crisis. It also appears that it will not be easy to expect an improvement in the country’s overall competitiveness due to the fact that state-run businesses account for more than half of the country’s GDP. Additionally, many Korean businesses may decide to move their production facilities back home to Korea as goods made domestically can enjoy a drop in custom duties as a result of FTAs made between Korea and other countries and because conditions for domestic production and exports are being improved. Korean businesses can hardly continue to make decisions on investments in Vietnam purely based on its merits associated with cheap labor. Other factors that they should consider include: the increase in the share of investments aimed at Vietnam’s domestic market amid the enhancement of locals’ purchasing power; the local government’s offer of benefits for foreign investors, and; the improvement in matters related to domestic production and exports in Korea.
- 발행기관:
- 한국기업법학회
- 분류:
- 법학