Setting up Manufacturing in Vietnam: Legal and Policy Challenges

GlobalAutoIndustry.com’s latest Audio Interview “Setting up Manufacturing in Vietnam: Legal and Policy Challenges” features Tran Ngoc Trung. Mr. Trung is Senior Regulatory Advisor at Baker Mckenzie Vietnam. Mr. Trung has been the key external legal counsel for most of Vietnamese auto manufacturers in the last 5 years. Trung is the main author in a Baker McKenzie’s publication “Tax, Customs and Regulatory Aspects of Vietnam’s Automobile Industry”, and aims to provide an initial view of key legal aspects that affect Vietnam’s automobile industry.

About Interview Guest:
Tran Ngoc Trung
Senior Regulatory Advisor
Baker McKenzie Vietnam

Download 45-page Report “Tax, Customs and Regulatory Aspects of Vietnam’s Automotive Industry” by Baker McKenzie Vietnam. To download, please click here.

In the 9-minute Audio Interview, Mr. Trung discusses these questions:

• The Vietnam automotive industry has recently attracted international attention with the emerging Vinfast electric car manufacturer as the first Vietnamese car manufacturer that is capable of introducing their cars worldwide, can you give a brief overview on the current manufacturing environment in Vietnam and what foreign manufacturers may expect from this market?
• From a policy aspect, what incentives can car manufacturers receive from the Government?
• There are always pros and cons when choosing a destination for manufacturing, but a key factor for successful manufacturing is the localisation rate. Can you share further insight on this aspect?
• With such challenges, does it mean that importing and distributing imported cars will still be a major strategy for foreign car manufacturers in the long run?

About Tran Ngoc Trung:
Senior Regulatory Advisor, Baker McKenzie Vietnam

Tran Ngoc Trung, Senior Regulatory Advisor at Baker McKenzie Vietnam. Trung has been key external legal counsel for most of Vietnamese auto manufacturers in the last 5 years. Trung Tran is a senior regulatory advisor in our tax practice, specialising in international trade, customs and tax services. Trung focuses particularly on international trade and compliance including transactional documentation, advising on accessing to Vietnamese market in aspects of tax, customs, technical barriers, and international commitments. He also has experience advising clients on customs and tax issues (Import Duty, VAT, SCT) for exports and imports of various categories, including administrative complaints, litigations, day-to-day business advice, trade remedies, including AD/CVD investigations, safeguard, etc. as well as transfer pricing and tax treaty exemption.

Trung, as a former senior government official, has assisted clients in various advocacy works in customs and tax issues.

Trung is the main author in a Baker McKenzie’s publication, Tax, Customs and Regulatory Aspects of Vietnam’s Automobile Industry, aims to provide an initial view of key legal aspects that affect Vietnam’s automobile industry.

Representative legal matters:
• Assisted key players in sea transportation industry in advocacy work to simplify administrative procedure relating to tax treaty exemption;
• Assisted the Vietnam branch of a global car brand from Japan to defend their position against tax authority after they wrongly applied arm’s length principle in identifying the transaction value and imposed additional import duty, special consumption tax, and VAT.
• Assisting MNC clients to restructure their supply chain to optimise tax benefits available following a series of cross-regional FTAs integrating Vietnam into global trade;
• Assisted two large car companies in court litigations against customs authority’s assessment as customs valuations of transactions between related parties had been rejected, causing additional tax payment and penalties.
• Assisted an MNC in chemical industry and Chinese steel manufacturers in corresponding AD investigations in Vietnam.

Experience in previous positions:
• 10-year experience as the Manager of US division under the Trade Policy Department for the Americas – Ministry of Industry and Trade;
• Coordinate in STAR project for the reform of Vietnamese legal system;
• Coordinate in the Joint Committee for the implementation of the US-Vietnam Bilateral Agreement;
• Coordinate in the TIFA Council between Vietnamese Government and US Government for the implementation and reform of Vietnamese legal system for the implementation of Vietnam’s commitments under the WTO;
• Member of negotiation team: WTO accession; Vietnam-Chile FTA; Vietnam-US Tax Treaty.

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