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ARE YOU READY FOR ASEAN 2015? Free trade agreements and economic partnerships are dramatically changing Asia’s business opportunities Scan this QR code with your smartphone to visit: www.asiabriefing.com Inside This Issue: Why ASEAN is Important for Your Asia Business Strategy The term “ASEAN” is cropping up more often these days, yet still many businesses globally remain unaware of its impending impact on trade and the supply chain. Inter-Asia Trade Flows We outline the fastest growing China trade corridors. Using Singapore as a Base for Asia Expansion As a financial and services hub, Singapore is the new corporate base for Asia. Vietnam as a Manufacturing Destination for Sales to China As China labor becomes more expensive, Vietnam’s factories are poised to fill the cost gap. Issue 1 January and February 2013 From Dezan Shira & Associates 3 9 7 6

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Page 1: ARE YOU READY FOR ASEAN 2015? - Amazon S3 · ARE YOU READY FOR ASEAN 2015? ... 1967 and comprises 10 Asian countries as an economic trade bloc. ... Asian dragon in terms of its development

ARE YOU READY FOR ASEAN 2015?Free trade agreements and economic partnerships are dramatically changing Asia’s business opportunities

Scan this QR code with your smartphone to visit:

www.asiabriefing.com

Inside This Issue:

Why ASEAN isImportant for Your Asia Business StrategyThe term “ASEAN” is cropping up more often these days, yet st i l l many businesses globally remain unaware of its impending impact on trade and the supply chain.

Inter-Asia Trade FlowsWe outline the fastest growing China trade corridors.

Using Singapore as a Base for Asia ExpansionAs a financial and services hub, Singapore is the new corporate base for Asia.

Vietnam as a Manufacturing Destination for Sales to ChinaAs China labor becomes more expensive, Vietnam’s factories are poised to fill the cost gap.

Issue 1 • January and February 2013

From Dezan Shira & Associates

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9

7

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2 - ASIA BRIEFING | January and February 2013

Chet SchltemaSenior Legal Affairs Consultant, China

[email protected]

My NguyenLegal Affairs Consultant, Vietnam

[email protected]

Olaf GriesePartner, Dezan Shira & Associates, India

[email protected]

Christian Fleming Managing Editor, Asia Briefing Online

[email protected]

ASIA BRIEFINGIssue 1 • January and February 2013

Asia Briefing Contributors

This Month’s Cover ArtBy: Pham Khanh Thanh

Courtesy of: Green Palm Gallery, Hanoihttp://v2.greenpalmgallery.com/main.php

Dear readers,

Welcome to Asia Briefing, our new publication for the new breed of Asia-focused regional executives.

Many of you are familiar with China Briefing magazine and business news website, which has now moved

entirely online at www.china-briefing.com.

Asia, however, offers an even larger panorama than just China; one toward which businesses in Asia,

and overseas to the United States, Europe, Middle East, South America and especially Australasia are all

looking. This huge region is being brought together by increasing economic integration, and its rapid

development – from India to Australia and all points in between – will dramatically impact the global

supply chain and trade corridors.

At Asia Briefing, we believe that there is still a dearth of information examining the Asian region as a whole

and drawing meaningful comparisons for foreign investors between economies in the region. For this

reason, we have brought our company name to life in the form of this new business magazine and a

newly revamped business, legal, and tax portal: www.asiabriefing.com.

In this first issue of the bi-monthly Asia Briefing magazine, we introduce the vision that Asia is about to

project into reality, focusing on the new dawn that ASEAN free trade brings to the entire region, as well

as the dramatic added impact of pan-Asian free trade agreements such as the RECP - changes of which

many seem blissfully unaware.

We are of course able to do this do with the assistance of Dezan Shira & Associates (www.dezshira.com),

a specialty foreign investment firm now in its 21st year in Asia, and we have them to thank for much of

the legal, tax and technical information within these pages.

Welcome to Asia. Welcome to Asia Briefing.

Kind regards,

Introduction

All materials and contents © 2013 Asia Briefing Ltd. No reproduction, copying or translation of materials without prior permission of the publisher.

Chris Devonshire-EllisPrincipal, Dezan Shira & Associates,

Singapore and ASEANPublisher, Asia Briefing

ASIA BRIEFING To subscribe to Asia Briefing Magazine (US$60/year), and choose your complimentary Asia Country Guide, please visit www.asiabriefing.com

Dezan Shira & Associates is a specialist foreign direct investment practice, providing corporate establishment, business advisory, tax advisory and compliance, accounting, payroll, due diligence and financial review services to multinationals investing in emerging Asia. For further details or to contact the firm, please email [email protected], visitwww.dezshira.com to download the company brochure.

Our Asia Business Resources

www.aseanbriefing.com(coming in February)

www.china-briefing.com

INDIA BRIEFING

www.india-briefing.com

www.vietnam-briefing.com

VIETNAM BRIEFING

Corporate Establishment, Tax, Accounting & Payroll �roughout AsiaTwenty-one years of excellence

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January and February 2013 | ASIA BRIEFING - 3

Why ASEAN is Important for Your Asia Business Strategy

– By Chris Devonshire-Ellis, Dezan Shira & Associates

The term “ASEAN” is cropping up more often these days, yet

still many businesses are unaware of what it is and why it

is gaining in importance. The basic answer is fairly simple

– free trade across Asia. That means reduced or zero

customs duties across a space that includes the 10 ASEAN

nations in Southeast Asia, and includes additional agreements, still

under negotiation, that are expected to link in China, India, Australia,

New Zealand, Japan and South Korea with the same ASEAN bloc.

But firstly, let’s step back from that weighty statement - with all its

trade and supply chain implications - and examine exactly what

ASEAN is and how it will impact all businesses in China, India,

Australasia, Asia and beyond to the EU and United States.

ASEAN – the Association of Southeast Asian Nations – was formed in

1967 and comprises 10 Asian countries as an economic trade bloc.

It includes Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar,

Philippines, Singapore, Thailand and Vietnam.

Collectively, ASEAN represents a market of some 600 million people,

with a combined GDP of about US$1.8 trillion. If it were a country, in

economic terms it would be the ninth largest in the world. Effectively

a trade bloc situated between China and India, ASEAN is the third

Asian dragon in terms of its development as an emerging economy.

The OECD (Organization for Economic Cooperation & Development)1

for has projected growth within ASEAN to be about 6 percent per

year for the period 2011-15, making it the second fastest growing

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4 - ASIA BRIEFING | January and February 2013

Why ASEAN Is Important for Your Asia Business Strategy

region globally after China. Because of that, and ASEAN’s developing

wealth and trade opportunities, China has specifically targeted

ASEAN as a bloc with which Chinese companies need to be doing

business. It makes sense; China-based companies and foreign

investors need to expand overseas, ASEAN is right next door, and

ASEAN represents a fast growing opportunity for growth in sales

and trade. Indeed, ASEAN overtook Japan in 2011 to become the

third-largest trade partner with China with trade figures reaching

US$362.3 billion, only behind the European Union (US$567.2 billion)

and the United States (US$446.6 billion).

Even so, aware that not everyone has fully recognized the

significance of ASEAN, the Chinese government has been going to

some lengths to encourage Chinese trade with the bloc, even setting

up a China-ASEAN trade office to raise ASEAN’s profile within China.

That is important, as China has double tax and free trade agreements

with ASEAN, only recently inking a deal that permits zero tariffs on

over 7,000 products.

That was done as part of the ASEAN-China Free Trade Area (ACFTA),

being an agreement between China and the 10 member states of

ASEAN. The ACFTA is the largest free trade area globally in terms of

population and third largest in terms of nominal GDP. The free trade

agreement reduced tariffs on 7,881 product categories, or 90 percent

of imported goods, to zero. This reduction has already taken effect

in China and the six original ASEAN members: Brunei, Indonesia,

Malaysia, the Philippines, Singapore and Thailand. The remaining

four countries – Cambodia, Laos, Myanmar and Vietnam – will follow

suit in 2015. With India following on with its own ASEAN FTA in 2016,

these dates acquire some significance for Asian-focused trading

companies in getting prepared.

However, ASEAN has also signed other significant agreements.

The ASEAN-India Free Trade Area (AIFTA) is a similar agreement

and came into effect on January 1, 2010. The AIFTA will see tariff

liberalization on over 90 percent of products traded between the

two dynamic regions, including so-called “special products,” such

as palm oil (crude and refined), coffee, black tea and pepper. Tariffs

on over 4,000 product lines will be completely eliminated between

ASEAN and India by 2016.

Additional agreements are also in place with Australia and New

Zealand in the form of the ASEAN–Australia–New Zealand Free Trade

Area; with Japan in the form of the ASEAN–Japan Comprehensive

Economic Partnership; and in South Korea with the ASEAN–Korea

Free Trade Area. All of these came into effect in 2010 and have already

begun to lift trade figures between ASEAN and these respective

countries. What this means is that from now until 2015 and then

2016, the flow of trade, the shape of the global supply chain, and

the opportunities for selling goods and services right across Asia are

changing and, in doing so, the customs duties will be increasingly

attractive. Taking advantage of the trade opportunities means

getting prepared now. The impact of the ASEAN bloc upon the

region, and upon global trade dynamics will be immense. It also

opens up huge potential for global businesses to enter the ASEAN

market, establish a presence, and use that to reach out to China,

India, and beyond.

It makes sense – China’s manufacturing capacity is slowing, and

becoming more expensive just at the time when its population is

moving to a more consumer-based society. The immediate impact

of ASEAN, to some extent, is to provide a lower cost manufacturing

base and to use that as a springboard to export to China. This is why

manufacturing in Vietnam is starting to take off as an alternative

to China – not purely because Vietnam is cheaper in terms of

labor costs, but also because as part of ASEAN, that 90 percent

of manufactured goods will be traded with zero duties by 2015.

The Vietnamese government has just announced plans to make

corporate income tax in the country among the most competitive

in Asia, reducing it to 23 percent (against China’s 25 percent) later

this year. The same applies to Cambodia, Laos and Myanmar, which

is one reason the latter suddenly appears to be in such a hurry to get

its reforms in place. But multinationals being based in Vietnam, with

a border directly with China and a long coastline with increasing

TEU capacity through its ports, in order to target the China and India

markets is beginning to make a lot of sense.

When it comes to the Asia-Pacific region, including the west coast

of the United States, the UN Economic and Social Survey of Asia and

the Pacific released a 2012 survey2 showing that Asia is the world’s

fastest growing region and an anchor for global economic stability.

With those sorts of sustainable growth rates, it is no wonder that

investment gurus such as Mark Mobius are so bullish on Asia. Quoted

in Thailand’s largest English language newspaper, “The Nation”, he

stated that “emerging markets are growing four times faster than

developed countries.”

For more business news, foreign investment legal,

tax and operational intelligence about China.

Daily news updates and ten annual issues of our well known business magazine, published since 1999. Annual subscription from US$75 includes a free 156 page full color China business guide.

www.china-briefing.com

This promotional subscription offer open until end February 2013 only. See the subscriber button on the China Briefing homepage.

Annual Compliance & License RenewalsNew January Issue Out Now www.china-briefing.com/news

Scan this QR code with your smartphone to visit:

www.china-briefing.com

Available in multiple languages

Inside This Issue:

The Annual Compliance Process for China FIEsGetting your China accounts and audits to international standards can be problematic. We discuss China GAAP vs. U.S. GAAP/IFRS, and the 2012 annual audit and filing processes for ROs, FICE, WFOEs, and JVs.

Individual Income Tax Finalization for ExpatriatesAn annual IIT declaration needs to be completed by almost all expats in China for 2012 earnings. We discuss what determines salar y, what can be counted as tax deductible expenses, and the exact definition of the 183 day residency rule.

Current U.S. Securities and Exchange Proceedings W e c o m m e n t o n t h e

proceedings against the

Chinese arms of the Big Four

and how this may impact

foreign investors.

3

8

11

Annual Compliance, License Renewals, & Audit ProceduresIncluding discussions of audit procedures, China’s audit quality gap, China GAAP vs. IFRS, and annual renewals for ROs, FICE, WFOEs and JVs

Issue 131 • January and February 2013

From Dezan Shira & Associates

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January and February 2013 | ASIA BRIEFING - 5

Why ASEAN Is Important for Your Asia Business Strategy

Our complete guide to all ASEAN nations including demographics, double tax treaties and free trade agreements between ASEAN nations and the US, EU and other key regional markets. Includes foreign investment information for Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.

Look out for our February Launch of www.aseanbriefing.com

Scan this QR code to visitthe ASEAN Briefing website.

ASEAN then is developing as an excellent starting point for reaching

out to the region’s developing markets, but the benefits of that

extend beyond setting up a physical presence in the bloc. An

ASEAN-based company enjoys not just the automatic tax and free

trade benefits of intra-ASEAN trade, but also those sexy free trade

and double tax agreements that ASEAN is currently negotiating with

China, India, Australiasia, Japan and South Korea. This includes the

Regional Comprehensive Economic Partnership (RCEP).

These ASEAN agreements are the primary reason why international

trade and tax experts expect Asia to help the world economy get

out of the current financial doldrums. Taking advantage of ASEAN

then is a relatively simple matter; just as many Hong Kong companies

have been used as springboards and advantageous tax structures for

getting into China, foreign-owned Singapore companies now offer

tax efficiency combined with a level and transparent regulatory and

legal environment, coupled with a zero approach tolerance towards

corruption and a free trade springboard into ASEAN and its other

free trade agreements.

Establishing such a presence gives access to the ASEAN free trade

agreements that the bloc has between its own members, and with

China, India, Australasia, Japan and South Korea. Using a Singaporean

company to hold subsidiary operations in any of these then allows

foreign businesses the ability to enjoy Singapore’s low tax rates

while also taking full advantage of the free trade and double tax

agreements of ASEAN and each of its trade partners, including

China, India and the Japan-Korea-Australasia triumvirate. This is a

total free trade area that is already the fastest growing in terms of

returns and will become the largest free trade area in the world.

Businesses interested or even currently based in Asia, China and

India should be looking at Singapore-based ASEAN subsidiaries to

take advantage of what is going to be a huge free trade area with a

significant impact on global trade and supply chains.

Furthermore, China has agreed to negotiations to create a 16-nation

trade bloc, known as the Regional Comprehensive Economic

Partnership (RCEP), formalizing the steps at the 21st ASEAN summit

in Phnom Penh3 two months ago. The RCEP will include the 10

members of the Association of Southeast Asian Nations (ASEAN) plus

China, India, Japan, South Korea, Australia and New Zealand, and

when implemented will have the effect of lowering trade barriers

and custom duties across the region by the end of 2015.

The RCEP framework was endorsed by leaders at last November’s

ASEAN summit. South Korean Trade Minister Bark Tae-ho has said

that China at first only wanted to have ASEAN plus three other

nations (China, Japan and South Korea) included in the pact, but a

counter proposal from America for a Trans-Pacific Partnership (which

excludes China) pushed China to enter into talks for a wider-ranging

accord, and one that includes India.

With the dawning of the RCEP, Asia is poised to enter into a new era

of mutual trade and growth dynamics. ASEAN already has individual

free trade agreements in place with each of the participating

countries. The emergence of free trade across the region through

the numerous ASEAN FTA will have a profound effect on China,

India and Asia, let alone the global players that do business here. Is

your company prepared?

1 See: www.oecd.org2 See: http://www.unescap.org/pdd/publications/survey2012/index.asp3 See: http://asean2012.mfa.gov.kh/

MYANMAR

THAILAND

LAOS

CAMBODIA

BRUNEIMALAYSIA

CHINA

VIETNAM

PHILIPPINES

SINGAPORE

INDIA

INDONESIA

SOUTH KOREA JAPAN

AUSTRALIA

NEW ZEALAND

The Regional Comprehensive Economic Partnership

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6 - ASIA BRIEFING | January and February 2013

Intra-Asia Trade Flows

Intra-Asia Trade Flows– China and India Corridors to Lead The Way

A report last month from the United Overseas Bank

(UOB) of Singapore has indicated that the global

economy will increase by 73 percent over the US$63

trillion seen in 2010 to reach US$109 trillion by

2020, with Asian trade flows one of the key factors

contributing to this robust growth.

Within Asia, bilateral trade corridors involving China and India will

be the fastest growing sectors, leading the way for Asia (excluding

Japan) to make up roughly one-third of the world’s total economy

by 2020 (double the region’s current levels).

The report, entitled “The Rise of Intra-Regional Trade in Asia”1

suggests that several trade corridors are opening up that are

of immense significance to both Chinese and global trade. The

fastest growing trade corridor globally will be India’s trade with the

Middle East, whereas the fastest growing trade routes involving

China are:

• China-India

• China-Africa

• Latin America-China

• EU-China

• China-MENA

• China-United States

• China-Asia

The report suggests that import demand from emerging Asia

will increase as private consumption develops to become an

important growth engine for the region. Structural factors

supporting this theory include strong demographics, growth in

disposable income levels, and increased urbanization throughout

Asia. An explosion of middle class wealth across Asia is expected

to launch a wave of spending power – good news for global

manufacturers looking to break out of their domestic markets.

The establishment of free trade across ASEAN by 2015 is a major

factor underpinning this evolution of higher intra-regional trade.

Although the free flow of most trade goods can be expected, there

may still be some resistance to banking and telecommunications,

although within ASEAN and its other trade partners such as

China and India, talks are underway to find common ground. The

statistics presented are likely to resonate beyond 2020, however,

as by that time the ASEAN member state Indonesia is expected

to become one of the world’s top 10 largest economies, with a

US$3 trillion GDP.

1 See: http://www.media-server.com/m/p/w32xt45v

ASEAN’s Total Merchandise Exports by Destination

Region Percent of ASEAN’s Total Exports2000 2011 2020 Forecast

Intra-ASEAN 22.8 25.3 30.0China 3.9 11.5 15.0India 1.6 3.7 6.0Japan 13.6 10.2 8.0EU 27 14.9 10.7 8.2United States 20.1 9.8 8.5Middle East 1.9 2.6 3.5Source: UOB Report, “The Rise of Intra-Regional Trade in Asia“

For more business news, foreign investment legal, tax and operational intelligence about India.

Daily news updates and quarterly business magazine. Annual subscription

from US$30 includes free 158 page full color India business guide.

www.india-briefing.com

To contact Dezan Shira & Associates in India, please email investment enquiries to

[email protected] A Business In India

New Issue Out Now www.india-briefing.com/news

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January and February 2013 | ASIA BRIEFING - 7

Using Singapore as a Base for Asia Expansion

– By Eunice Ku and Nathan Susanto, Dezan Shira & Associates

As a financial and services hub, Singapore is the de facto

financial capital of ASEAN. For companies interested

in doing business with ASEAN, the place to start is

Singapore.

Companies in Singapore enjoy a low corporate income tax rate of

17 percent, no tax payable on dividends earned externally from

its borders, and even tax incentives for SMEs wishing to establish

operations in the country. It is also possible to operate a Singapore

company as a “shelf” entity to take advantage of these benefits

without going to the expense of setting up a full service office. As

such, Singaporean companies are an excellent base from which to

direct operations from ASEAN, thus qualifying for the intra-ASEAN

free trade agreements and for those with China, India and beyond.

While Hong Kong remains an attractive location from which to

hold investments into China, Singapore’s close relationship with

ASEAN countries (Indonesia, Malaysia, the Philippines, Thailand,

Brunei, Burma, Cambodia, Laos and Vietnam) make it an appropriate

destination for all aspects of business in the region beyond the free

trade access provided under the ASEAN Free Trade Agreement itself.

While China (including Hong Kong) has a separate free trade

agreement with ASEAN, this agreement is not as far reaching as the

tax treatments that ASEAN members enjoy. Furthermore, economic

agreements such as the RCEP also enhance Singapore’s position as

a base from which to reach out to destinations such as India and

even Australia.

Requirements for IncorporationA professional services firm must be engaged to register on the

behalf of companies with non-Singapore National Registration

Identity Card (NRIC) holders, non-Employment Pass holders and/

or non-Dependant Pass holders in the role(s) of director, company

secretary and/or shareholder.

Key points of Singapore company incorporation include:

At least one shareholder

• A Singapore private limited company should have at least one

shareholder, but no more than 50.

• The shareholder can be a person or another legal entity and 100%

foreign shareholding is allowed.

• New shares can be issued or existing shares can be transferred to

another person anytime after the Singapore company has been

incorporated.

At least one director that is a Singapore resident

• A resident is defined as a Singapore Citizen, a Singaporean

Permanent Resident, an Approval-in-Principle Employment

Pass holder, or a person who has been issued an Entrepass,

Employment Pass, or Dependent Pass.

• There is no limit on the number of additional local or foreign

directors a Singapore private limited company can appoint. Most

companies will have at least two directors, as banks and other

financial institutions usually require two signatories.

• The sole shareholder and sole director can be the same person,

but non-shareholders can also be appointed as directors.

Company secretary who is a Singapore resident

• A company secretary must be appointed within six months of its

incorporation.

• In the case of a sole director/shareholder, the same person cannot

act as the company secretary.

Tax incentive programs offered by the Singapore government,

such as the Global Trader Program and HQ Program, are also draws,

as well as tax incentives are available under the Productivity and

Innovation Credit (PIC) Scheme, which encourages businesses,

especially SMEs, to invest in productivity and innovation.

Under the PIC Scheme, businesses can get cash payout or a

400 percent tax deduction/allowances on expenditure of up to

S$400,000 on each of the following six activities:

1. Purchase / lease of prescribed automation equipment

2. Training expenditure

3. Acquisition of intellectual property

4. Registration of intellectual property

5. R&D

6. Design expenditure

SME Tax Incentives

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8 - ASIA BRIEFING | January and February 2013

Using Singapore as a Base for Asia Expansion

Paid-up Capital

• The minimum paid-up capital (also known as share capital) for

registration of a Singapore company is S$1.

• The paid-up capital can be increased anytime after the company’s

incorporation.

Registered Address

• A physical (residential or commercial) local Singapore address

must be provided as the registered address of the company.

• The premises of this address must be approved for business use

by the Urban Redevelopment Authority (URA) and residential flats

or properties can only be used under the Home Office Scheme.

(P.O. Boxes cannot be used.)

Incorporation ProcessSimilar to Hong Kong, most Singapore companies are registered as

private limited liability companies. Generally, a private limited liability

company can be incorporated in 1-2 days. Company registration

is completed online with the Accounting & Corporate Regulatory

Authority (ACRA).

Incorporation will only take between 14 days and 2 months if the

application needs to be referred to other authorities for approval

or review. Certain types of businesses (e.g. private school, spa,

telecommunications) require licenses and permits, which can be

obtained post-incorporation.

Annual ComplianceAnnual General MeetingEach Singapore company must hold the first annual general meeting

within 18 months of its incorporation, and no more than 15 months

may elapse between subsequent annual general meetings (unless

approval of the Registrar is obtained).

Private companies can dispense with annual general meetings if a

resolution to that effect is passed by all members with voting rights

at a general meeting of the company.

At the annual general meeting, directors should present a true

and fair view of the company’s profit and loss accounts to their

shareholders. Accounts presented at the annual general meeting

should be made up to a date not more than 6 months before the

annual general meeting.

Filing of Annual ReturnSingapore companies must file an annual return with the ACRA

within 1 month of the company’s annual general meeting.

Particulars of the company officers, registered address, and auditors

(if applicable) must be included in the annual return.

A company can engage the services of a professional firm or a service

bureau to file the annual return on its behalf.

For more information on establishing and maintaining Singapore

companies, please email [email protected] or visit

www.dezshira.com.

2013 Changes to the Singapore Companies Act

The Singaporean Ministry of Finance (MOF) has accepted 192

and modified 17 recommendations of the Steering Committee

for the Review of the Companies Act, as of October 2012.

This comprehensive review marks a major step forward in

Singapore’s corporate regulatory framework, and these changes

are scheduled to pass into law in mid-2013.

These wide ranging changes are expected to reduce regulatory

burden and compliance costs, provide greater flexibility for

companies, and improve corporate governance. They will bring

benefits to various stakeholder groups such as companies,

small-and-medium enterprises (SMEs), retail investors and

company directors, including the following:

• Impact on Companies

Companies will be allowed to issue non-voting shares and

shares carrying multiple votes if their Articles allow it and

subject to certain safeguards. This will give companies

greater flexibility in raising capital, and meet different investor

preferences.

• Impact on SMEs

A new small company concept will be introduced for

determining the requirement for statutory audit. SMEs can

look forward to lower compliance costs. An approximate

additional 10 percent of companies or about 25,000 more

companies can enjoy exemption from audit.

• Impact on Retail Investors

A multiple-proxies regime will be introduced to allow indirect

investors and Central Provident Fund (CPF) investors to attend

and vote at shareholders’ meetings. This will provide for more

active participation at general meetings by the beneficial

owners of the company, and help strengthen the culture of

corporate governance.

When passed into Singaporean legislation, these changes will

provide even greater incentives to invest into Asia via Singapore,

especially for SMEs. Coupled with the ASEAN FTA agreements

Singapore enjoys as a full member, these changes can be

expected to project the country as a primary destination for

finance and investment into Asia over the next decade.

Source: Singapore Ministry of Finance, October 3, 2012

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January and February 2013 | ASIA BRIEFING - 9

Vietnam as a Manufacturing Base for Sales to China

– By Hoang Thu Huyen and My Nguyen, Dezan Shira & Associates

One of the great enigma’s concerning managers across

Asia today is Vietnam’s trade relationship with China,

its massive northern neighbor with which it shares

an 840-mile border.

This is a timely question to examine, not least because Vietnam is

one of Asia’s “Tiger Economies” and, although it has suffered over the

past three years like everyone else in the wake of the Global Financial

Crisis, the country has proven remarkably resilient.

The addition of an ASEAN-China free trade agreement in 2015

will likely mean that ASEAN, with Vietnam as a core member, will

become China’s largest trade partner that same year, with total

trade worth some US$500 billion. To contrast the enormity of this

figure, the entire United States sold just one-fifth of that in exports

to China in 2011.

Vietnam can easily link with China’s supply chain infrastructure - there

are already extensive rail connections between Hanoi, Kunming

and Nanning, and the northern Hai Phong Port is undergoing

substantial development. Yet Vietnam’s relationship with China is

both economic and political, and the manner in which these play

out that will provide clues as to the true nature of the stresses and

opportunities within the trade gap. Despite both countries being

officially communist regimes, Vietnam has offered a cool hand to

China, wary of getting too close due to the 1979 war and ongoing

territorial disputes still fresh in many people’s minds.

While other Asian nations – including nearby Myanmar and

Cambodia – have fully embraced China in the past in terms of

economic assistance, Vietnam has remained and continues to

remain aloof. That is not to say that bilateral trade between Vietnam

and China is not booming, because it is, reaching US$35.7 billion

last year.

Yet Vietnam remains politically cautious towards China. Ongoing

territorial disputes between the two in the South China Sea certainly

are not helping the situation, and Vietnam has recently refused to

endorse the new Chinese passports which depict the entirety of

the contested territory as Chinese.

This lack of trust over longer-term Chinese intentions has steered

Vietnam to look in multiple directions – north and east towards

China, but also to the south and west towards Asia. Vietnam’s trade

with fellow ASEAN member countries is currently some US$27 billion

and, unlike countries such as Cambodia, the country has been active

in using ASEAN free trade agreements with other countries such as

India, Japan and Australia to widen its economic base and lessen

dependence upon trade with China.

Of the ASEAN members, Singapore, Thailand and Malaysia are

Vietnam’s largest partners, while outside of the group trade is also

growing significantly with India and Japan. Vietnam is spreading its

trade wings further afield at least partly due to its belief that China

has not always proven particularly sensitive to other nations within

the region. Vietnam has past experience of being treated as a de

facto vassal state, and until recently even Myanmar was treated in

this manner through China’s support of their military regime for

many years. Yet even the hard-line Burmese generals began to feel

enough was enough.

Additionally, Vietnam, while communist, is still largely Buddhist in

its beliefs, and quietly, the Dalai Lama is a respected figure among

many Vietnamese. The typical Chinese rhetoric towards the Buddhist

leader makes many Vietnamese uncomfortable. Meanwhile, while

Cambodia is still close to China, it too is being wooed by President

Obama, who visited shortly after his reelection. Such American

moves fit in with Vietnam’s China policy; trade is healthy, but

Vietnam remains cautious in terms of the political ramifications of

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10 - ASIA BRIEFING | January and February 2013

Vietnam as a Manufacturing Base for Sales to China

an overreliance on China’s economy – a necessary caution with a

powerful neighbor that has been well-observed in Hanoi.

Vietnam’s policy of enlarging its multilateral trade space is also

about to pay dividends. With the 2015 ASEAN free trade agreements

with China, India, Japan, South Korea and Australasia coming into

effect, the country is poised to offer a manufacturing base for many

companies wishing to sell to the entire region.

Wage increases in China are a matter of national policy, and although

this is creating a much-needed and fast-growing consumer market,

it is also having the effect of raising salary levels at an average rate of

some 22 percent per year. While prices in Vietnam have also risen –

and its economy is not immune to inflationary shocks – Vietnamese

wages are about one-third of those seen in South China.

This means that Vietnam is developing as an export-driven

manufacturing base, just as China was in the late 1990s to mid-2000s.

The free trade agreements coming into force mean that Vietnamese-

made products (or those from anywhere else in ASEAN) will, for the

most part, be able to be sold to the China market at zero tariffs.

Add to that an array of free trade and bonded zones (just like China

used to have) that minimize taxes on products assembled and

then exported, plus commitments to improve the nation’s ports

(especially those at Haiphong and HCMC), the tax and operational

infrastructure to push Vietnam forward as a credible manufacturing

destination for China consumption is already taking place. Vietnam

also offers a lower wage base compared to China, whose own labor

costs are increasing at an average rate of 22 percent per annum.

This trend has been duly noted, not least by American companies

already extant in Vietnam. As Christopher Towmey, current Chairman

of the American Chamber of Commerce in Hanoi mentioned in the

Chamber’s annual end of year 2012 Vietnam Business Forum address:

“AmCham cooperation with and support of Vietnam’s government

and business has led to a substantial increase in bilateral trade over

the last twelve years: from only US$1.5 billion in 2001 when the

BTA went into effect (December 2001); to US$9.7 billion in 2006

when Vietnam achieved WTO Accession and Permanent Normal

Trade Relations with the U.S. (December 2006); to more than US$22

billion in 2011.”

“Based on trade data for the first nine months of 2012, we expect

that Vietnam-U.S. bilateral trade will have been US$24.5 billion in

2012, and will reach nearly US$50 billion by 2020, if present trends

continue.”

For professional advice concerning investment into Vietnam,

please contact Dezan Shira & Associates at [email protected]

or visit www.dezshira.com.

The message is simple – while China evolves to a consumer economy, the choice of locations to service that from the manufacturing perspective do not necessarily have to be based in China. Vietnam offers an alternative option well worth consideration, and the lead up to ASEAN integration and the additional free trade agreements expected by 2015 will begin to shine the spotlight on Vietnam with increasing brilliance.

FDI by Economic Activity

(total registered capital, US$ million, accumulation of projects having effect by the end of 2011)

0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000

100,000

Manufacturing Real estate activities

Accommodation and food service

activities

Construction Electricity, gas, stream and air conditioning

supply

Source: General Statistics Office of Vietnam

For more business news, foreign investment legal, tax and operational intelligence about Vietnam.

Daily news updates and quarterly business magazine. Annual subscription from US$30 includes free 173 page full

color Vietnam business guide.www.vietnam-briefing.com

To contact Dezan Shira & Associates in Vietnam, please email investment enquiries to

[email protected] Compliance & Audit

New Issue Out Now www.vietnam-briefing.com/news

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