Allens

Asia

Our experienced Asia legal team regularly publishes articles and updates - the full list of publications appears below. With our broad regional network, we keep you abreast of recent reforms, regulatory changes and trends across the Asia Pacific. If you'd like to be notified when we add new publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

See also Allens' Vietnam Laws website, featuring an online searchable database of English translations of over 3,000 Vietnamese laws and our monthly Vietnam Legal Update

Asia Publications

  • Client Update: Amending Mongolia's Minerals Law

    29 July 2014

    The Mongolian Parliament has passed amendments to the country's Minerals Law which should be of interest to foreign investors and mining companies. Partners Igor Bogdanich and Kate Axup, and Senior Associate Steven Local, look at what certain of the amendments may mean for Mongolia's mining sector.

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  • Focus: Japan and Australia - a new era of opportunity

    11 July 2014

    This week's historic visit to Australia by the Japanese Prime Minister, Shinzo Abe, has been widely lauded as the beginning of a new era in the relationship between the two countries. Japan Sector Leader and Partner Tim Lester and Senior Associate Penny Alexander report on the opportunities this new 'special relationship' will bring for both Australia and Japan.

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  • Client Update: Foreign investment changes in Indonesia

    27 May 2014

    Some Indonesian business sectors are closed to foreign investment, while others are subject to foreign ownership limits. There have been some changes to these foreign investment restrictions under Indonesia's widely anticipated revised Negative Investment List, which became effective on 24 April. The revisions reflect the intention of the Indonesian Government to prepare for a more open economy whilst preserving certain sectors for domestic investment. Overall, there has been a liberalising trend, with a number of sectors becoming more open for foreign investment. However, there are now some business sectors that are subject to foreign investment limits for the first time, some that have become subject to increased foreign ownership limits and some that have become closed to foreign investment altogether.

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  • Client Update: PNG's ownership of minerals and hydrocarbons

    29 April 2014

    The Papua New Guinea Constitution will be amended to reflect the state's ownership of hydrocarbons and minerals, under proposals to be put before the PNG Parliament. Partner Vaughan Mills and Senior Associate Sarah Kuman report on the implications of these amendments.

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  • Focus: Korea-Australia Free Trade Agreement: strengthening cross-border investment

    23 April 2014

    The landmark Korea-Australia Free Trade Agreement is expected to further strengthen the established complementary economic relationship between the two countries, and to provide new opportunities for cross-border investment and trade. Partner David Wenger and Senior Associate John Koshy from Allens and Partner Stephen Le Vesconte and Managing Associate Joo Hee Lee from Linklaters report on the Agreement and its implications for both Australian and Korean industry sectors.

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  • Focus: Recent anti-corruption developments in Papua New Guinea

    8 April 2014

    The Papua New Guinean Government has continued to take significant steps in progressing its anti-corruption agenda in the first quarter of 2014. Partner Allan Mana, Senior Associates Sarah Kuman and Michael Gomm and Lawyer Anthony Graham report on recent developments in Papua New Guinea and their implications.

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  • Audio: Japan & Australia set to sign FTA

    8 April 2014

    Australia and Japan have announced that they have agreed on terms for a free trade agreement between the two countries. Partner and Japan Sector Head Tim Lester spoke to BRR Media about the terms of the agreement and which Australian sectors will benefit the most.

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  • Focus: China's business regulatory approval reforms - further steps to market liberalisation

    1 April 2014

    The PRC Government is reforming its corporate regulatory approval processes at an unprecedented rate. The changes are aimed at facilitating private sector investment (including foreign direct investment) in order to move towards a more market-driven economy. Over the past four months, new regulations have reduced and, in certain cases, removed, corporate regulatory approval requirements for a range of business activities and investments. As part of these reforms, changes have also been made to the PRC Company Law and associated regulations. Partner Kate Axup, Senior Associate Wayne Wang and Lawyer Shona Shang look at the key changes.

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  • Linklaters Insights: Credit supernova - ISDA publishes 2014 ISDA Credit Derivatives Definitions

    29 March 2014

    If 2009 saw the 'big bang' and 'small bang' of the credit derivatives market, then 2014 sees the 'supernova' – the biggest overhaul of the Credit Derivatives Definitions in over a decade.

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  • Linklaters Insights: China: New categorisation and ratio requirements for investments of insurance proceeds

    25 March 2014

    CIRC has introduced a new categorisation regime to re-classify investments of insurance proceeds by PRC insurance companies.

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  • Focus: Investment agreements in Mongolia: new regulations issued

    21 March 2014

    The availability of an investment agreement with the host government is fundamentally important for a foreign investor considering the development of a large-scale project in a developing country. In its continued efforts to recapture inbound direct foreign investment, the Government of Mongolia has released regulations that govern the execution of an investment agreement between an investor and the Government. Partners Igor Bogdanich and Kate Axup and Senior Associate John Koshy report.

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  • Focus: An overview of the Indonesia insurance industry for foreign investors

    28 February 2014

    The Indonesian insurance market has attracted significant interest from international investors in recent years, both in terms of its M&A and bancassurance opportunities. While still a relatively small market by overall size, it is forecast to grow rapidly, driven by an expanding middle class and current low penetration rates.

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  • Focus: Balancing traditional markets versus modern shopping in Indonesia's retail sector

    28 February 2014

    During the process of introducing more competition into the retail sector, the Indonesian Government has issued a new regulation that attempts to balance the needs of traditional markets and small businesses against those of modern shopping developments. Widyawan Partner Yolanda Hutapea and Senior Associate Indra Allen look at the new regulation and its implications.

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  • Linklaters Insights: More stringent requirements on bancassurance business in the PRC

    19 February 2014

    2012 saw some small, but positive, steps in the area of intellectual property enforcement within China, according to the recently released 2012 annual report of China's Supreme People's Court.

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  • Client Update: Mongolia's new State Minerals Policy

    17 February 2014

    The Mongolian Parliament has adopted a new State Minerals Policy, which will serve as the basis for amendments to the existing Minerals Law and other laws relating to the mining sector. Partners Igor Bogdanich and David Wenger and Senior Associates John Koshy and Tserena Yumjav look at what the new Minerals Policy will mean.

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  • Client Update: Indonesia implements export ban on ore

    21 January 2014

    In a move intended to add value for Indonesia by requiring that the processing and refining of mineral commodities be conducted there, the Government has issued new regulations implementing in-country processing requirements for mineral commodities (excluding coal), including a ban on the export of unprocessed ore. Partner David Holme and Senior Associates Brooke Van Gils and Made Satwika report.

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  • Audio: New regulations for minerals: Indonesia

    20 January 2014

    The Indonesian Government has issued new regulations to implement in-country processing requirements for mineral commodities, including a ban on the export of unprocessed ore. Jakarta-based Partner David Holme, from the Energy, Resources & Infrastructure group at Allens, spoke to BRR Media about the new laws and how they'll affect international business in Indonesia.

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  • Client Update: New rules on foreign investment in Vietnamese credit institutions

    13 January 2014

    The long-anticipated changes to the rules on foreign investment in Vietnamese credit institutions, allowing greater levels of foreign investment (particularly in the case of 'weak' banks), will soon come into effect. Partner Robert Fish and Senior Associate Linh Bui report.

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  • Focus: Indonesia announces forward Public Private Partnership program

    18 December 2013

    Investors, lenders and contractors considering investing in Indonesia's PPP projects will find Indonesia's PPP Book 2013 a valuable resource, with 27 infrastructure projects worth US$47.3 billion listed. A range of sectors are covered, including rail, road, port, water and power generation, and some projects are likely to come forward for tender next year. Allens Partner Steve Pemberton and Partners Anhar Rivai and Yolanda Hutapea of Widyawan & Partners report.

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  • Focus: Beijing goes green

    2 December 2013

    The level of air pollution in its major cities illustrates the environmental price China has paid for its economic growth over the past 30 years. Recently, a number of administrative authorities at the Beijing municipal level have enacted policies and directives aimed at curbing pollution, and these are representative of the direction in which China is heading. Partner Kate Axup, Senior Associate Justin Chin and Lawyer Shona Shang look at these changes.

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  • Client Update: Mongolian President - 'mistakes made ... but willing to change'

    29 November 2013

    The President of Mongolia, His Excellency Mr Tsakhiagiin Elbegdorj, and delegates, including the Governor of Mongolia's Central Bank Mr Zoljargal and Minister for Construction and Urban Development Mr Ts.Bayarsaikhan, presented to the business community of Hong Kong on Thursday, 28 November at the Hong Kong – Mongolia Business Forum 2013. Partner David Wenger and our Mongolia team attended the presentation and noted some highlights.

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  • Focus: China unveils Shanghai free trade zone

    13 November 2013

    Recently, as part of a broader process of trade liberalisation, the Chinese Government launched its first pilot free trade zone in Shanghai. Some commentators see the move as one of the most potentially significant economic developments in China during the past three decades. Partner Kate Axup and Senior Associate Wayne Wang look at the legal changes associated with the launch of the new zone that are relevant to foreign investors.

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  • Focus: Mongolia's new investment law

    21 October 2013

    The Mongolian Government has introduced a number of laws in the past 18 months which regulate foreign investment. Previous laws focused on certain sectors of the economy – referred to as 'sectors of strategic importance' – but those laws were broadly considered to be overly restrictive and to have contributed to weakened investor confidence. In response, the Parliament has passed a new Law on Investment to recapture investor interest. Partners David Wenger and Igor Bogdanich, and Senior Associates John Koshy and Tserena Yumjav look at what the new law will mean.

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  • Focus: Draft decision providing extra legroom for foreign investors flying into the Vietnamese securities market

    9 October 2013

    A new decision on foreign ownership limits in the Vietnamese securities market is expected to be issued shortly to encourage further foreign capital into Vietnam. The changes proposed in the draft decision, if implemented, will have the potential to significantly transform the capital market for foreign investors, although they may not be felt evenly across all market sectors or have immediate impact. Partner Robert Fish and Lawyer Chi Ha report on what the new law may mean for foreign investors looking at opportunities in the securities market of Vietnam.

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  • Focus: Myanmar accedes to the New York Convention

    18 July 2013

    In what will be seen as a positive move to attract inbound capital, Myanmar has formally acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Allens Special Counsel Nicola Nygh and Linklaters Associate Steven Pettigrove report.

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  • Linklaters Insights: China's highest judicial body identifies positive steps in the enforcement and protection of intellectual property rights in China

    4 July 2013

    2012 saw some small, but positive, steps in the area of intellectual property enforcement within China, according to the recently released 2012 annual report of China's Supreme People's Court.

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  • Client Update: Changes to Vietnamese production sharing contract

    17 May 2013

    A new standard form of production sharing contract containing significant changes has been issued by the Government of Vietnam for use in Vietnam's upstream oil and gas sector. Partner Marae Ciantar, Senior Associate Theresa Tayabali and Associate Ngoc Anh Tran report.

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  • Focus: Vietnamese retail industry reform offers greater foreign investment opportunities

    15 May 2013

    Major reform of the Vietnamese retail industry will likely provide greater opportunities for foreign investment in one of the most attractive investment destinations for global retailers. Partner Robert Fish, Senior Associate Linh Bui and Lawyers Chi Ha and Mai Loan Nguyen report.

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  • Focus: China encourages foreign involvement in green energy

    23 April 2013

    Although still light on specifics, a policy articulating China's plans for the development of its coalbed methane reserves has signalled the PRC Government's intention to encourage foreign investment as a way of dealing with the national demand for clean energy. Partner Kate Axup, Senior Associate Wayne Wang and Trainee Solicitor Alice Mok look at the policy's changes that are relevant to international oil and gas companies.

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  • Client Update: EU set to lift Myanmar sanctions

    19 April 2013

    Media reports have indicated that the European Union is expected to lift all sanctions on Myanmar next week, with the exception of the embargo on arms, in recognition of the 'remarkable process of reform' in the country. The Allens and Linklaters Myanmar team report on this important development.

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  • Audio: Recent developments in Myanmar

    9 April 2013

    The fast pace of reform continues in Myanmar, creating significant opportunities for foreign investors. Partner Marae Ciantar spoke to BRR Media about the recent and upcoming developments in the oil & gas and telecommunications sectors, and what investors can do to prepare.

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  • Client Update: Providing greater investor certainty in Mongolia

    21 March 2013

    There are reports that the Mongolian Government is considering amending its controversial Law on Regulation of Foreign Investment in Business Entities Operating in Sectors of Strategic Importance (colloquially known as the Strategic Entities Foreign Investment Law) to make Mongolia a more attractive destination for private inbound investment. Partners David Wenger and Igor Bogdanich, Senior Associate John Koshy and Lawyer Manduul Altangerel report.

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  • Linklaters Insights: Withdrawal of benefit upon a breach of a settlement agreement

    14 March 2013

    The High Court of England & Wales recently confirmed that where an employer and employee had signed a compromise agreement to oversee the employee's departure, the employer was entitled to withhold a conditional benefit where the employee breached the conditions of the agreement.

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  • Widyawan & Partners: Developments in the regulation of the food and beverage sector in Indonesia

    13 March 2013

    On 11 February 2013, a new regulation on restaurant franchising in Indonesia was issued, in a development intended to reduce the risk of monopolies and encourage equity participation by local businesses.

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  • Focus: Greater foreign investment in Vietnamese credit institutions

    8 March 2013

    Greater levels of foreign investment will be allowed, and registration and approval requirements will be simplified, under proposed changes to Vietnam's regulations on foreign ownership of credit institutions. Partner Robert Fish, Senior Associate Linh Bui and Lawyer Cara Stevens report.

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  • Linklaters Insights: Revised Funds Law to take effect on 1 June 2013

    8 March 2013

    Following public consultation on the draft revision of the Securities Investment Funds Law, on 28 December 2012, the Standing Committee of the National People's Congress released the final revised Securities Investment Funds Law. The New Fund Law will come into effect on 1 June 2013.

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  • Linklaters Insights: A new repurchase agreement for the PRC interbank market

    6 March 2013

    On 18 December 2012, the People's Bank of China announced its approval of the publication of the China Inter-bank Market Bond Repurchase Master Agreement by the National Association of Financial Market Institutional Investors, which NAFMII later published on 21 January 2013.

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  • Focus: Changes to FIRB policy - impact on foreign government investors

    6 March 2013

    Some subtle but significant changes have been made to Australia's Foreign Investment Policy. They will directly impact foreign government investors - particularly how foreign government invested banks take security and how foreign government investors participate in investment consortia or funds. Partners Jeremy Low and Marcus Clark and Senior Associate Paul Bernath report.

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  • Linklaters Insights: Proposed amendments to the inland revenue and stamp duty ordinances to facilitate development of an Islamic finance market in Hong Kong

    5 March 2013

    The Hong Kong Government has taken a major step towards developing Islamic finance in Hong Kong.

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  • Audio: New Japan govt puts Yen in play

    14 February 2013

    The new government in Japan has flagged a major push to revive the Japanese economy. Japan Sector Leader and co-head of Allens' Corporate Finance Practice in Perth, Tim Lester, spoke to BRR Media about the changes, their effect on the Japanese Yen, and outbound investment from Japan

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  • Focus: Cooperation in agricultural investment - implications for Chinese investors

    15 January 2013

    The Australian Department of Foreign Affairs and Trade has released a report that looks at recent efforts by the Chinese and Australian governments to strengthen cooperation in agricultural sector investment, and finds that the two countries have a mutual commitment to increasing bilateral investment cooperation in that sector and related industries. Partner Kate Axup and Senior Associate Tess Fitzgerald discuss the report's implications, especially in light of Australian community concerns about foreign investors 'buying up the farm'.

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  • Linklaters Insights: CSRC issues consultation paper to allow insurance institutions to distribute securities investment funds

    14 December 2012

    Securities investment funds are currently sold to the public in China through a number of channels - through predominantly commercial banks but also through fund management companies and securities companies. With a view to expanding the range of distribution channels, the CSRC has issued consultation rules proposing to also allow insurance institutions to sell securities investment funds. The consultation period ends on 5 December 2012.

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  • Linklaters Insights: MOFCOM issues rules on capital contribution to foreign invested enterprises with equity interests

    19 November 2012

    To promote foreign investment within China, MOFCOM has issued rules to allow both domestic and foreign investors to contribute equity interests in PRC companies to foreign invested enterprises by way of incorporation or subscription.

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  • Linklaters Insights: Is the bond market the way forward for project finance?

    19 November 2012

    Policy makers face a major challenge following the global financial crisis in funding the massive global demand for new energy sources and infrastructure.

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  • Focus: Myanmar's new foreign investment law

    7 November 2012

    International investors have welcomed the news that Myanmar's new Foreign Investment Law has been approved and is now in force. In this article, members of our Myanmar team (Partners Marae Ciantar and Stuart Bedford, and Lawyer Mostyn Taylor) provide an overview of the new foreign investment regime and its implications for foreign investors.

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  • Audio: Operating in emerging Asian economies

    2 November 2012

    The Australian Government has released its Australia in the Asian Century White Paper, its blueprint for Australia's greater integration throughout the region and roadmap to becoming a more prosperous and resilient nation. Partners Erin Feros and Marae Ciantar spoke to BRR Media about other emerging markets within the region, such as Mongolia and Myanmar.

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  • Audio: Infrastructure in the Asian Century

    2 November 2012

    The Australian Government has released its Australia in the Asian Century White Paper, its blueprint for Australia's greater integration throughout the region and roadmap to becoming a more prosperous and resilient nation. Partner Emma Warren spoke to BRR Media about the vital role that infrastructure will play in harnessing the opportunities and addressing the challenges of the Asian Century.

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  • Audio: Indonesia opportunities in Asian Century

    2 November 2012

    The Australian Government has released its Australia in the Asian Century White Paper, its blueprint for Australia's greater integration throughout the region and roadmap to becoming a more prosperous and resilient nation. Partner David Holme spoke to BRR Media about the untapped growth markets in Indonesia, and the opportunities for increased investment.

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  • Audio: Japan holds new LNG opportunities

    19 September 2012

    Australia is well placed to respond to an increase in gas demand due to Japan's proposed phase out of nuclear power by 2040. Partners Tim Lester and Anthony Patten speak to BRR Media about the recent Fukushima nuclear disaster's influence on Japan's energy policy, how that policy could positively impact LNG suppliers in Australia and elsewhere.

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  • Legal Guide to Investment in Vietnam

    5 September 2012

    Allens Legal Guide to Investment in Vietnam provides an overview of Vietnamese laws affecting investment, including coverage of topics such as enterprises, land, securities and contract.

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