VBF 2018 urges Vietnam to push home advantage

The latest incarnation of the Vietnam Business Forum, a policy dialogue between the Vietnamese government and local and foreign businesses held twice a year, took place in Hanoi last week. VIR outlines the major challenges international business associations have been encountering while doing business in Vietnam, and their recommendations on what the government and authorised agencies could do to support them to prosper and make ever-greater contributions to the country’s development in the 4.0 era.

Nicolas audier, Co-chairman, European Chamber of Commerce in Vietnam

The European Chamber of Commerce in Vietnam (EuroCham) appreciates the recent efforts of the Vietnamese government to further improve the business environment and increase competitiveness. One of the challenges for the country to meet the international standards in key industries is in the pharmaceutical sector.

Our members see two specific opportunities to encourage further foreign direct investment (FDI) and build an even better healthcare system for Vietnamese patients. Our members applaud the government’s progress in providing a clear, viable legal framework for operations. This will enable the state and private sectors to work together long-term for the benefit of patients and the public. To ensure that this is as effective as possible, our members request a feasible, predictable transition period to ensure companies can maintain high standards and continue to provide the best possible treatment solutions.

The EuroCham Healthcare Forum is proud to have signed a consensus framework for ethical collaboration in Vietnam with a wide range of healthcare organisations, and we would like to seek the support of the government to our international ethical standards in the healthcare sector here.

Turning to medical devices, EuroCham’s Medical Devices and Diagnostics Sector Committee (MDDSC) supports the government’s aim to provide hospitals with modern equipment. The private sector will be crucial to achieving this, and our members are keen to help improve medical examination and treatment for patients.

However, a lack of clarity and coherence between various ministerial documents and long term solutions regarding the model of placing equipment is inhibiting the success of this initiative. In particular, it is creating problems not just in the placement of new equipment, but also in the management of current equipment in hospitals. This risks delaying urgent testing and treatment, and undermining continuity of care in these establishments.

To address this issue, the MDDSC recommends that the government examines the public-private model for the health sector and circulate clear, coherent guidance on the placing of equipment in public health establishments. We believe that by addressing these challenges, the business environment in Vietnam will be able to take full advantage of the upcoming opportunities.

Kenneth Atkinson, Chairman, British Business Group Vietnam

We congratulate the ­Vietnamese government on their continued progress to a more open and transparent business environment.

The enforcement of tax penalties remains a concern to business. There is a strong feeling amongst the foreign business community that overseas companies are being targeted by the tax and customs offices in an effort to increase tax collections and revenues to help reduce the fiscal deficit.

It is our experience that the majority of our members and the majority of foreign companies in Vietnam have a good understanding of the need and benefit of paying due tax in a timely and accurate manner.

The BBGV have concerns. Firstly, the problems this is causing to our members who are already established here in Vietnam. Whilst we do not condone either tax evasion or avoidance in any form, we appreciate that administrative errors can and do occur. These errors can be caused internally within Vietnam, often due to the differences in interpretation of the tax and customs laws and regulations, even between the same departments in different cities and provinces. The under resourcing of staff in the tax and customs departments often means that inspections take place late and up to five years after the reporting period.

Where there are genuine administrative errors, which are not challenged for up to five years, the administration fines and late payment penalties are considered unfair and onerous. Companies have to pay late payment penalties because the tax office is unable to carry out annual inspections in a timely fashion. The late payment penalty is being calculated at an interest rate of approximately 20 per cent annually which when calculated for five years more than doubles the original amount due. International companies do have a feeling of injustice of being required to pay these fines and penalties, when the cause is completely outside of their control having lodged the papers in a correct and timely fashion.

To help resolve these issues, the BBGV would like to see the creation of an independent body which can hear appeals from taxpayers against administrative fines and penalties from the tax officers.

Secondly, we are concerned about the ultimate damage that could be caused to attracting future foreign direct investment, if a solution is not found. Attracting companies to invest and trade with Vietnam depends on many factors including the transparency of doing business and the tax regime.

Whilst this issue remains one of concern to businesses already based in Vietnam it will continue to be a factor for new companies looking at benefits and obstructions to creating a new operational base within the country.

Ryu Hang Ha, Chairman, Korea Chamber of Commerce in Vietnam

The era of the Fourth ­Industrial Revolution has begun, with new industries emerging constantly. Therefore, it is time for the two countries to prepare for “Korea-Vietnam Co-operation 2.0” in line with the new era. Industry 4.0 originates from technology and ideas, and both of them stem from the fingertips of human beings.

Thus, it is the key to develop human resources. Vietnam is experiencing difficulties in establishing a foothold in this revolution despite the rapid economic growth because they are heavily specialised in labour-intensive industries. In other words, it is important for the government to dedicate itself to nurture technical personnel and specialists for high-tech industries even if that will take considerable time and budget.

It is obvious that technology transfer is integral in improving the situation. However, the country also needs to make bold decisions to purchase advanced technology when necessary. Otherwise, it faces limitations if attempting to solve the problem simply by attracting foreign companies.

Meanwhile, companies should be able to hire different levels of technicians or specialists to meet their business needs. To do so, the national certification must be further subdivided according to the sector and level.

MIchael Kelly, Chairman, American Chamber of Commerce in Vietnam

Our members have had a ­transformative role in the ­development of Vietnam. From managerial practices to business ethics, the US business community has affected Vietnam in many positive ways.

The ongoing US-China trade tensions have highlighted the risk of concentrating production bases in a single country and are triggering supply chain reorganisation. A recent AmCham survey of US firms in China showed that one-third either had moved or were considering moving some production abroad amid the dispute.

The question is how Vietnam can fully capitalise on this opportunity in order to continue its rapid upward economic trajectory. It is no secret that Vietnam attracts a lot of foreign investment. Some government officials question whether having so many foreign companies is good for the country’s economy.

For example, a member of the National Assembly recently said, “With foreign businesses accounting for over 70 per cent of total exports, Vietnam will suffer when they leave the country.” All of us want to make sure there is no reason that companies should leave Vietnam. That is why we need to see continued and tangible progress on the issues discussed at the Vietnam Business Forum.

Importantly, non-productive red tape must be controlled and the country’s regulatory and tax framework must be stable and predictable.

Koji ito, Chairman, Japanese Chamber of Commerce and Industry

On behalf of JCCI, one of the areas that I expect the Vietnamese government to consider or take action to enhance the country’s investment climate and strengthen linkages between Vietnamese and Japanese firms is Public-Private Partnership (PPP) projects.

In recent years, the government has strengthened measures to inhibit borrowing because the public debt to GDP ratio is now close to the 65 per cent ceiling set by the National Assembly. Nevertheless, we believe that infrastructure development is vital to Vietnam’s long-term growth and the active introduction of public-private partnership (PPP) schemes is certainly one of the most effective ways to do so. For instance, the ­introduction of Decree 63 in May 2018 has simplified PPP procedures, such as eliminating the need to obtain an investment registration certificate for projects.

However, we propose four aspects of the decree that the government can consider reviewing to enhance its effectiveness in promoting infrastructure growth in the country. First, clearly stipulate that “foreign law” may be specified as the governing law. Second, allowing dispute resolution by arbitration outside Vietnam on all infrastructure projects, including those involving real estate. Next, allowing investors and project executors to mortgage land use rights, assets on land and the right to operate project facilities. Finally, ensure that the Vietnamese government shares a certain amount of risk pertaining to the termination of payments and foreign exchange certificates.

Last week, JCCI held a PPP seminar in Hanoi, joined by officials from the ministries of Planning and Investment, and Justice. JCCI commits to continue supporting Vietnam in drawing in more Japanese investments.