Where are the key markets and key sectors
heading, and what can law firms expect 2010 to deliver? A panel of legal
industry pundits predicts Tiger-Year trends and provides a guide to the
opportunities and challenges that lie ahead
The
following are some views for the legal market in Vietnam for 2010. The full version
of "2010: The Year Ahead" with the views across Asia-Pacific can be found at Asian
Legal Business.
Vietnam
Dang
The Duc, Managing Partner, Indochine Counsel
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As the GFC spread, Vietnam was not exempt and the
country's economy suffered, with both FDI flow and portfolio investment into
the country dropping.
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The economic recession also affected the volume
of work for law firms in Vietnam,
evidenced by a decrease in new projects and deals.
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This was especially noticeable for big FDI
projects, banking & finance, capital markets, M&A / private equity, and
real estate.
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Vietnam
was not as seriously affected by the global crisis as other countries due to
the characteristics of its economy - largely agriculture-based, and the fact
that it is not yet fully integrated into the global economy. The Government estimates
that GDP growth will reach 5.2% this year.
In general, the volume of work decreased but there
is still enough work for most firms, though they have had to change billing
structures to make legal fees more affordable and predictable for clients. For
local firms with proven quality, the local fee structure seems to have been to
their advantage during the recession. In fact, there remains a relative
shortage of Vietnamese lawyers of international quality.
There is more work in certain sectors like
healthcare, education, ICT, and especially trading and distribution / retail.
(As a part of its WTO commitments, from January 2009 the country allowed 100% foreign-owned
companies to participate in distribution / retail activities). Also, infrastructure,
mining, energy and oil and gas remain busy as investments in these sectors are
still necessary for the country's long-term development.
Vietnam
is an emerging market, and the legal market must mature with it as seen in
other regional countries like Singapore,
Hong Kong, Japan
or Korea.
With the fast growth of the private sector in Vietnam, the acceleration of
state-owned-enterprises equitization, and the prospect of positive economic
growth in the long-run, the legal services market should hopefully grow apace.
Already the volume of legal work has increased from the 3rd and 4th
quarters of this year.
Some important laws adopted towards the end of
2009 in the session of the National Assembly included healthcare law, telecom
law, natural resources, tax law, and an amended education law.
In the November session, the National Assembly
also approved two mega-infrastructure projects: Son La Hydraulic Power Plant
and Ninh Thuan Nuclear Power Plant. Laws to be looked at in 2010 include
commercial arbitration, enforcement of criminal judgments, food safety law,
amendments to credit institutions, VAT and corporate income tax, and the law on
land and housing tax.
Consequently, Vietnam will need more lawyers of international calibre who
can deliver quality and timely product for clients. The biggest challenge for local
firms will be development of a better team of lawyers in tandem with improved
practice management. Those firms who have prepared well in terms of training their
lawyers and staff and that have improved their management system will enjoy the
benefits.