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: New regulations to kick-start a derivatives market in Vietnam

    15 May 2015

    The Vietnamese Government has issued a new decree that lays the foundations for the trading of derivatives and for the establishment of the first derivative market in Vietnam. This development is expected to diversify securities products in Vietnam and help enhance liquidity on the Vietnam securities market. Partner Robert Fish, Senior Associate Chi Ha, and Associates Dang Vu and Ngoc Nguyen report.

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  • Client Update: Rupiah requirement on transactions in Indonesia update

    30 April 2015

    On 31 March 2015, the Indonesian central bank (Bank Indonesia) issued Bank Indonesia Regulation No. 17/3/PBI/2015 on the Obligation to Use Rupiah in the Territories of Indonesia (the Regulation), which further implements the provision restricting the use of foreign currency in transactions within Indonesian territories as set out in Article 21 of Law No. 7 of 2011 on Currency (the Currency Law).

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  • Focus: New guidance on restructuring your workforce in Vietnam

    23 April 2015

    Dismissing employees, whether for under-performance or misconduct, has always been a difficult task in Vietnam given the strongly pro-employee labour legislation. However, the Government has recently issued new legislation in an attempt to level the playing field and create a clearer avenue for companies to legally dismiss employees for under-performance. Partner Linh Bui, Senior Associate Mai Loan Nguyen and Associate Hai Nguyen report.

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  • Linklaters Insights: China promotes innovation and development of cloud computing

    27 March 2015

    The State Council has called for local governments and ministries to develop the cloud computing industry in order to harness its ability to optimise the allocation of IT and data resources in accordance with market demand.

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  • Linklaters Insights: Shanghai-Hong Kong Stock Connect: new short selling rules

    27 March 2015

    With the launch of the Shanghai-Hong Kong Stock Connect in November of last year, foreign investors now have direct trading access to many shares listed on the Shanghai Stock Exchange.

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  • Linklaters Insights: Stock Connect: the Beneficial Ownership conundrum

    27 March 2015

    Since the launch in November of the Shanghai-Hong Kong Stock Connect programme, various concerns have been expressed in relation to investments made by certain collective schemes, in particular EU-regulated Undertakings for Collective Investment in Transferable Securities or UCITS.

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  • Linklaters Insights: Hong Kong court rules that dismissal effected to avoid paying discretionary bonus amounts to breach of contract

    24 March 2015

    The Hong Kong Court of First Instance recently found Bank of America liable to pay damages of US$500,000 to a former senior employee in respect of the annual discretionary bonus that the court held would have been awarded to her (ie the equivalent of over 360 per cent of her annual remuneration package) had she not been dismissed before the bonus payment date.

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  • Linklaters Insights: NDRC issues decision in landmark case against Qualcomm and imposes record fine of RMB 6.088 billion

    24 March 2015

    Following around 1.5 years of investigation and lengthy remedy-discussions, China's National Development and Reform Commission has issued a decision against US semiconductor giant Qualcomm, imposing a record-penalty of RMB 6.088 billion (US$975 million) and a set of remedies around the companies' patent licencing fees.

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  • Linklaters Insights: PBOC opens up new financing channels for entities in the Shanghai Free Trade Zone

    24 March 2015

    New measures of the PBOC have reformed the approval and quota-based system for borrowing RMB and foreign exchange outside China. The new measures allow more flexibility for corporates and non-bank financial institutions incorporated in the Shanghai Free Trade Zone, as well as the separate SFTZ accounting units of Shanghai-based banks for business booked in the SFTZ, to structure their foreign debt profiles.

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  • Client Update: Important new changes to PNG company law

    13 March 2015

    Major changes to PNG company law have important ramifications for company directors, company secretaries, and anyone with an interest in the winding up of a company. Partner Richard Kriedemann and Senior Associate Sarah Kuman report on the impact of the new laws.

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  • Focus: New corporate laws to improve doing business in Vietnam

    11 March 2015

    A new Law on Enterprises, aimed at making it easier to do business in Vietnam, implements key changes to the regulation of all companies operating in Vietnam, and will allow companies greater freedom in the activities they may conduct. Partners Linh Bui and Robert Fish, Senior Associate Chi Ha and Associate Ngoc Nguyen report on the main changes brought in by the Law, which will also have implications for foreign investors.

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  • Client Update: PNG's new environmental regime begins

    17 February 2015

    The first phase of PNG's new environmental regime commenced on 1 December 2014. Senior Associate Ryan Warokra reports on the impact the new legislation will have.

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  • Audio: Highlights (20/01/14) - New regulations for minerals: Indonesia

    12 January 2015

    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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  • Vietnam Legal Update: New Law on Bankruptcy to take effect in January

    22 December 2014

    Vietnam's new Law on Bankruptcy will take effect from 1 January 2015, bringing in a number of changes, including a new definition of 'bankruptcy'. Partner Robert Fish and Junior Associates Giang Quang Nguyen and Linh Nguyen look at the most significant features of the new law and note what will differ from the current regime.

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  • Audio: Vietnam undertakes equitisation program

    11 December 2014

    The Vietnam Government is undertaking a widespread equitisation of more than 300 State-owned enterprises by the end of 2015. Partners Bill Magennis and Linh Bui spoke to BRR Media about the types of enterprises to be equitised and how foreign investors can get involved in the process.

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  • Audio: Vietnam makes significant reforms to investment laws

    3 December 2014

    The Vietnam Government has undertaken significant new steps to attract foreign investment to the country. Partner Linh Bui and Senior Associate Giang Nguyen speak to BRR Media about the implications stemming from the introduction of two new laws – Law of Investment and Law of Enterprise.

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  • Client Update: First phase of new PNG environmental regime may commence as early as next week

    28 November 2014

    The Papua New Guinea Government has indicated that the first phase of PNG's new environmental regime may commence as early as 1 December 2014. Senior Associate Ryan Warokra reports on the impact the new legislation will have.

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  • Focus: The China-Australia Free Trade Agreement

    21 November 2014

    After almost 10 years of negotiations between the nations, on 17 November 2014, Prime Minister Abbott and President Xi announced the conclusion of negotiations on the China Australia Free Trade Agreement (ChAFTA). Once implemented, the ChAFTA is expected to significantly reduce import barriers for Australian food and dairy, resources and services sectors and create a more favourable environment for Chinese direct foreign investment in Australia. Partner Kate Axup, Managing Associate Emin Altiparmak, and Associates Tess Fitzgerald and Tracy Lu report.

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  • Linklaters Insights: Liberalising fund management in China

    20 November 2014

    Linklaters' China National Managing Partner, Fang Jian, Senior Counsel Bryan Chan and Associate Jack Sun contributed an article for China Law and Practice on the fund management industry in China and how it has been at the forefront of the broader liberalisation of China's capital markets.

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  • Linklaters Insights: China proposes to reform its catalogue of industries guiding foreign investment

    20 November 2014

    Linklaters' China National Managing Partner, Fang Jian, Senior Counsel Bryan Chan and Associate Jack Sun contributed an article for China Law and Practice on the fund management industry in China and how it has been at the forefront of the broader liberalisation of China's capital markets.

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  • Focus: Exemptions issued for new Regulation 70 regime in Indonesia's retail sector

    19 November 2014

    To introduce more competition into the Indonesian retail sector, the Indonesian Ministry of Trade Regulation No 70 of 2013 became effective in June this year. The Ministry of Trade has now issued a new Regulation amending certain provisions in Regulation 70 and introducing some exemptions to the Regulation 70 regime. Widyawan Partner Yolanda Hutapea and Senior Associate Indra Allen explain the impact of the amendments on retailers operating in Indonesia, some of which will come as a relief.

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  • Client Update: PNG Budget looks to improve compliance and strengthen revenue base

    19 November 2014

    The Papua New Guinea Government has delivered its 2015 National Budget, which contains a number of amendments to taxation legislation that are part of the Government's efforts to improve compliance and strengthen its revenue base. Senior Associate Ryan Warokra reports.

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  • Client Update: PNG personal property securities reform becomes law

    12 November 2014

    Papua New Guinea's personal property securities reform has passed into law but will not come into force until a security interest register is established. Senior Associate Sarah Kuman reports.

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  • Linklaters Insights: Investigations in the auto-parts sector

    29 October 2014

    As part of the global crackdown on auto parts makers, which started in 2010, when regulators in the United States, Europe and Japan, commenced their investigations into wire harnesses, China - the world's biggest car market - has recently started to clean its local market from two ends. During summer, the powerful National Development and Reform Commission ('NDRC') and local bureaus imposed record fines on automotive companies for allegedly over-priced spare parts and only a few days ago, ten Chinese ministries have published a new framework to remove global car makers' tight control over the supply and price of spare parts and the limited network of vendors operating in the Chinese market.

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  • Linklaters Insights: Shanghai-Hong Kong Stock Connect: Further clarifications of the Stock Connect Rules

    29 October 2014

    On 26 September 2014, Shanghai Stock Exchange and China Securities Depository and Clearing Corporations Limited promulgated detailed rules to implement stock trading under the Shanghai-Hong Kong Stock Connect. On the same day, the Hong Kong Exchange and Clearing Limited published a number of approved amendments to its rules and FAQs to clarify certain key aspects of the Stock Connect programme. Market participants would be pleased to know that welcome clarifications have been provided in a number of key areas. This bulletin helps you navigate the latest developments.

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  • Vietnam Legal Update: New rules for foreign investment accounts in Vietnam

    27 October 2014

    Various new foreign exchange regulations governing the use of all types of foreign currency accounts, including investment accounts, of Vietnamese enterprises and their investors have recently come into effect. The changes will affect current and potential foreign investors, as well as foreign-invested enterprises. Partner Robert Fish and Associates Cara Stevens and Vinh Dang report.

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  • Client Update: New developments in Mongolia - government restructure and new permitting regime

    21 October 2014

    The Mongolian Government has been particularly active in the first half of October, introducing changes to Ministerial responsibilities and a draft Law that, if enacted, would reform the nation's permitting regime. These developments will be of interest to existing and prospective investors in Mongolia. Partner Igor Bogdanich, Consultant Manduul Altangerel and Associate Tess Fitzgerald report.

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  • Client Update: Plantation Law 2014 - New foreign investment restrictions to come

    13 October 2014

    Given Indonesia's status as the world's top palm oil producer, investment in the plantation sector should be one of Indonesia's most attractive opportunities for foreign investors. This is supported by the most recent Negative Investment List, which became effective on 24 April 2014 and which permits foreign ownership in this sector of up to 95 per cent.

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  • Client Update: Indonesia passes new law affecting insurance businesses

    13 October 2014

    Investors in the insurance sector should take note of a number of important new or notable concepts that were introduced in a new law on insurance (the New Law) that was passed by the Indonesian Parliament on 23 September 2014. The New Law replaced the now outdated 1992 Insurance Law (the Old Law). As well as introducing these new concepts, the New Law also consolidated, to a significant extent, existing regulation and policy.

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  • Client Update: Law reform to improve conditions for investors in Mongolia

    29 September 2014

    Last week, the Mongolian Government released the agenda for the upcoming autumn sitting of parliament. The release of the agenda, twice annually, is always of interest to investors, and the autumn 2014 agenda is no exception. Partner Igor Bogdanich and Associate Tess Fitzgerald look at what may be of interest to foreign investors.

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  • Client Update: Indonesia mining update

    18 September 2014

    It has been a torrid few years for investors in the Indonesian mining sector. The mining sector was one of the key sectors bearing the brunt of the nationalistic sentiment that became a focal point of the political discourse during the recent parliamentary and presidential election campaigns. With these elections now out of the way, and the Jokowi-Kalla team emerging as victors in the presidential campaign, there is some cause for optimism going forward. However, much will depend on the machinations of the coalitions and allegiances that crystallise during the new parliament, including the extent to which the so-called permanent coalition formed by the losing presidential candidate Prabowo Subianto remains intact, and the consequent pressures that these parliamentary forces exert on government officials and policy formation in the Indonesian mining sector.

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  • 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 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.

    Listen
  • 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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