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    Invest ASEAN:A Foreign Business Executives

    Guide to Emerging Asia

    2015

    I. Why ASEAN is Important for Your Asia Business Strategy

    II. Navigating ASEAN

    III. The Impact of ASEAN upon China

    IV. The Impact of ASEAN upon India

    V. Strategies for Establishing and Operating a Business in ASEAN

    Produced in association with

    http://../Applications/Adobe%20InDesign%20CS6/Adobe%20InDesign%20CS6.app/Contents/MacOS/Vietnam%20Tax%20Guide%202014.pdfhttp://www.aseanbriefing.com/
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    2 - ASEAN BRIEFING | Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia 2015

    Contributors to and editors of this guide include the staff and consultants at Dezan Shira & Associates ASEAN and ASEAN Briefing: Chris

    Devonshire-Ellis, Edward Barbour-Lacey, Shawn Greene, Matthew Zito, and Samuel Wrest. This guide was designed by Jessica Huang.

    2014 Asia Briefing

    Follow us on Twitter @DezanShira,@ASEAN Briefing

    Join us on Facebook

    Visit us on LinkedIn

    https://twitter.com/DezanShirahttps://twitter.com/ASEANBriefinghttps://www.facebook.com/DezanShirahttps://www.linkedin.com/company/dezan-shira-&-associateshttps://twitter.com/ASEANBriefinghttps://twitter.com/DezanShirahttps://www.linkedin.com/company/dezan-shira-&-associateshttps://www.facebook.com/DezanShira
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    Dezan Shira & Associates Offices

    Dezan Shira Asian Alliance Members

    INDIA

    THAILANDVIETNAM

    CHINA

    INDONESIA

    PHILIPPINES

    SINGAPORE

    MALAYSIA

    INDIA

    THAILANDVIETNAM

    CHINA

    INDONESIA

    THE PHILIPPINES

    SINGAPORE

    MALAYSIA

    Mumbai

    Beijing

    ShanghaiSuzhou

    Ningbo

    Hong Kong

    ShenzhenGuangzhou

    Hanoi

    Ho Chi Minh City

    Zhongshan

    Hangzhou

    SingaporeKuala Lumpur

    Jakarta

    Manila

    Tacloban

    Bangkok

    Tianjin

    Qingdao

    Dalian

    Delhi

    About Dezan Shira & Associates

    At Dezan Shira & Associates, our mission is to guide foreign companies through Asias

    complex regulatory environment and assist them with all aspects of establishing,

    maintaining and growing their business operations in the region. With over 20 years

    of on-the-ground experience and a large team of professional advisers, we are your

    reliable partner in Asia. Since its establishment in 1992, Dezan Shira & Associates has

    grown into one of Asias most versatile full-service consultancies with operational

    offices across China, Hong Kong, India, Singapore, and Vietnam, as well as liaison

    offices in Italy, Germany, and the United States, and partner firms across the ASEAN

    region.

    Your Partner for Growth in Asia

    http://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/office/indiahttp://www.dezshira.com/office/thailand.htmlhttp://www.dezshira.com/office/vietnamhttp://www.dezshira.com/office/chinahttp://www.dezshira.com/office/indonesia.htmlhttp://www.dezshira.com/office/philippines.htmlhttp://www.dezshira.com/office/singapore.htmlhttp://www.dezshira.com/office/malaysia.htmlhttp://www.dezshira.com/office/indiahttp://www.dezshira.com/office/thailand.htmlhttp://www.dezshira.com/office/vietnamhttp://www.dezshira.com/office/chinahttp://www.dezshira.com/office/indonesia.htmlhttp://www.dezshira.com/office/philippines.htmlhttp://www.dezshira.com/office/singapore.htmlhttp://www.dezshira.com/office/malaysia.htmlhttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/office/hong-kong.htmlhttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/officehttp://www.dezshira.com/http://www.dezshira.com/http://www.dezshira.com/office/singapore.htmlhttp://www.dezshira.com/office/thailand.htmlhttp://www.dezshira.com/office/philippines.htmlhttp://www.dezshira.com/office/malaysia.htmlhttp://www.dezshira.com/office/indonesia.htmlhttp://www.dezshira.com/office/hong-kong.htmlhttp://www.dezshira.com/office/vietnamhttp://www.dezshira.com/office/indiahttp://www.dezshira.com/office/chinahttp://www.dezshira.com/office
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    4 - ASEAN BRIEFING | Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia 2015

    Why ASEAN?

    The Association of Southeast Asian Nations (ASEAN) is a regional political and

    economic bloc made up of ten countries Brunei, Cambodia, Indonesia, Laos,

    Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. As a trade bloc

    situated between China and India, ASEAN is effectively the third Asian dragon

    in terms of its development as an emerging economy. The ASEAN nations are a

    particularly diverse grouping, arguably the most diverse in the world in terms of

    economic and political systems, socio-cultural customs and characteristics, and

    levels of economic development. Collectively, ASEAN has a combined GDP of

    approximately US$2.4 trillion. If it were a country, it would be the seventh largest

    in the world in economic terms, between the United Kingdom and Brazil.

    Businesses are increasingly buying into the potential of ASEAN as an investment

    destination and/or market for consumption. There are, of course, many different

    reasons for investing in ASEAN, yet perhaps the most attractive is the regions

    robust rate of economic growth. It has one of the worlds most positive growth

    trajectories, having enjoyed impressive growth for more than a decade GDP morethan doubled in size from US$1.1 trillion to US$2.3 trillion in just six years between

    2006 and 2012 and grew by 313 percent between 2001 and 2013.

    The regions rising economic wealth and large population of approximately 617

    million people (around 60 percent of whom are under the age of 35) will continue

    to drive consumerism in the foreseeable future. ASEANs middle class is in dramatic

    ascendance, with Vietnams middle class alone expected to increase from 2 million

    to 33 million by 2020. Domestic consumption in ASEAN constitutes a larger share

    of GDP than in the BRIC countries (53 percent versus 44 percent in 2012), which will

    help to sustain growth even against the background of a slowing global economy.

    By and large, ASEANs long-term prospects are extremely positive. The regions

    economic growth will be bolstered by growing intra-regional trade and high

    consumer confidence. Overall, Asias emerging markets are forecast to be the

    fastest-growing in the world through 2020, and the ASEAN economy will reach

    US$4.7 trillion by the end of the decade.

    ASEAN is developing as an excellent starting point for reaching out to Asias

    developing markets, with benefits extending beyond simply 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 will also be able to take advantage

    of, once they come into effect, all the free trade and double tax agreements that

    ASEAN is currently negotiating with China, India, Australasia, Japan and South Korea.

    Chris Devonshire-Ellis

    Founding Partner

    Dezan Shira & Associates

    Singapore Office

    Contact Dezan Shira & Associates

    [email protected]

    www.dezshira.com

    http://www.dezshira.com/personnel/chris-devonshire-ellis.htmlhttp://www.dezshira.com/personnel/chris-devonshire-ellis.htmlhttp://www.dezshira.com/personnel/chris-devonshire-ellis.htmlhttp://www.dezshira.com/personnel/chris-devonshire-ellis.htmlhttp://../Applications/Adobe%20InDesign%20CS6/Adobe%20InDesign%20CS6.app/Contents/MacOS/InDesign%20ClipboardScrap.pdfhttp://../Applications/Adobe%20InDesign%20CS6/Adobe%20InDesign%20CS6.app/Contents/MacOS/InDesign%20ClipboardScrap.pdfhttp://../Applications/Adobe%20InDesign%20CS6/Adobe%20InDesign%20CS6.app/Contents/MacOS/InDesign%20ClipboardScrap.pdfhttp://../Applications/Adobe%20InDesign%20CS6/Adobe%20InDesign%20CS6.app/Contents/MacOS/InDesign%20ClipboardScrap.pdfhttp://www.dezshira.com/personnel/chris-devonshire-ellis.html
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    Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia 2015 |ASEAN BRIEFING- 5

    Contents

    1.Why ASEAN is Important for Your Asia BusinessStrategy ..................................................................4

    The ASEAN Economic Community .......................................................................................................5

    The RCEP and TPP ............................................................................................................................................ 6

    Conclusion ............................................................................................................................................................7

    2.Navigating ASEAN ............................................... 8Taxation.................................................................................................................................................................. 9

    Double Taxation Agreements ................................................................................................................ 10

    Ease of Paying Taxes..................................................................................................................................... 11

    Development Zones..................................................................................................................................... 12

    Country Profiles............................................................................................................................................... 13

    3. The Impact of ASEAN upon China......................50China-ASEAN FTA .......................................................................................................................................... 54

    Emerging Challenges for China ............................................................................................................56

    Strategy for China-based Manufactures ......................................................................................... 60

    4. The Impact of ASEAN upon India.......................62India-ASEAN FTA ............................................................................................................................................ 64Foreign Trade.................................................................................................................................................... 66

    5. Strategies for Establishing and Operating aBusiness in ASEAN..............................................68

    ASEAN: Where to Begin? .......................................................................................................................... 69

    Assessing ASEAN as a Global Manufacturing Alternative ....................................................72

    Singapore: The Gateway to ASEAN .................................................................................................... 73

    Vietnam: Asias Next Manufacturing Powerhouse After China ......................................... 79Conclusion ......................................................................................................................................................... 87

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    Why ASEAN is Important forYour Asia Business Strategy

    The ASEAN Economic Community

    The RCEP and TPP

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    Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia 2015 |ASEAN BRIEFING- 7

    The ASEAN Economic Community:An Ambitious Step Forward

    In spite of the regions massive diversity and the lingering historic tensions between

    certain countries, attempts to integrate the ASEAN region have grown increasingly

    ambitious in recent years. Deeper economic interdependence has helped to propel

    forward more comprehensive regional cooperation and as a result, ASEAN as an

    organization is quite unrecognizable from the five-country security union set up in

    1967 by Indonesia, Malaysia, the Philippines, Singapore, and Thailand.

    ASEANs most far-reaching effort at regional integration to date the ASEAN

    Economic Community (AEC) is scheduled to be implemented on December

    31, 2015. The four main goals of the AEC are to establish a single market and

    production base, a highly competitive economic region, a region of equitable

    economic development, and a region fully integrated into the global economy.

    The AEC will encourage the free movement of goods, services, skilled labor, capital,

    and investment within ASEAN countries, as well as developing competition policy,facilitating e-commerce, and protecting intellectual property.

    The game-changing AEC will transform the economic landscape of the region and

    as such has wide-ranging economic consequences for investors. It will help ASEAN

    to become more open, dynamic, and competitive through the full elimination of

    tariff and non-tariff barriers, therefore significantly augmenting the attraction of

    ASEAN as a single investment destination and consolidating the importance of

    ASEAN as an economic bloc. By joining together, ASEAN markets and companies

    can take advantage of their diversity and the complementarity of their economies

    in order to increase their competitiveness and efficiency.

    The ambitiousness of the AEC is admirable, yet there are growing concerns that the AEC

    deadline may not be met. The problems encountered by ASEAN are rarely a result of a

    lack of inspiration or vision, but are more often due to compliance and implementation

    difficulties. Although the more economically developed countries in the region are

    already in compliance with new tariff regulations, Cambodia, Laos, Myanmar, and Vietnam

    may need more time to prepare themselves for economic reform.

    Currently it is estimated that the liberalization and facilitation of the free flow of

    goods, services, skilled labor, capital, and investment have been 85 percent achieved.

    Whether or not all of the AEC targets are met by the end of 2015, what has been

    achieved so far is a milestone accomplishment and will inevitably continue to be

    built upon.

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    8 - ASEAN BRIEFING | Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia 2015

    The RCEP and TPP: The Future ofthe ASEAN Economy?

    As well as working towards the AEC, the ASEAN countries are also currently

    negotiating ambitious multilateral free trade agreements (FTA) such as the Regional

    Comprehensive Economic Partnership (RCEP) and the Trans-Pacific Partnership

    (TPP). Both sets of negotiations have been complex and long-winded, having had

    to contend with economies at different stages of development and the protectionist

    attitudes of some countries regarding sensitive sectors of their economies.

    Twelve countries throughout the Asia-Pacific region are currently in United States-

    led negotiations regarding the TPP Australia, Brunei, Canada, Chile, Japan, Malaysia,

    Mexico, New Zealand, Peru, Singapore, the U.S., and Vietnam. If these negotiations

    are successfully concluded, the partnership will represent approximately two-fifths

    of world GDP. As well as including typical FTA content such as the reduction of tariffs

    in key sectors of the economy, the TPP will extend its scope to include a demanding

    set of commitments regarding intellectual property protection, environmentalstandards, and digital commerce rules.

    On the other hand, the RCEP aims to pull all six of the ASEAN+1 FTAs together in

    order to form an integrated regional agreement involving the 10 ASEAN countries

    plus Australia, China, India, Japan, New Zealand, and South Korea. The RCEP, which

    would account for nearly half of the worlds population and approximately one-third

    of global GDP, is likely to be more flexible than the TPP in order to accommodate the

    vastly different levels of economic development among the negotiating countries

    (for example, Singapores GDP at purchasing power parity per capita is 37 times

    higher than that of Myanmar, according to International Monetary Fund estimates).

    The implementation of the AEC next year and possible future implementation of

    the RCEP and TPP are something to look forward to and will help to consolidate

    ASEAN as a production hub by optimizing global supply chains for companies

    headquartered both within and outside of ASEAN.

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    Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia2015 |ASEAN BRIEFING- 9

    Conclusion

    Southeast Asia is not immune to the struggles of the global economy and naturally is

    home to challenges and risks like any other region. Nevertheless, against a backdrop

    of massive diversity, the features that most of the countries share growing middle

    classes, quick urbanization and industrialization, young populations, improving

    infrastructure are driving rapid and robust economic growth in the region. The

    coming together of the ASEAN countries offers a whole range of important and

    valuable opportunities for investors, and the time to act is now.

    To discover more about our services, click the links below:

    Pre-investment and entry strategy advisory

    Business advisory services

    Audit and financial review

    Are you ready for ASEAN?

    Asia Briefing Magazine

    January & February Issue, 2013

    Download

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    Navigating ASEAN

    Taxation, Development Zones and Payroll Processing

    Country Profles

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    Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia 2015 |ASEAN BRIEFING- 11

    Since the ASEAN Economic Community (AEC) Blueprint was first signed in 2007, a

    number of key changes have taken place and even more are in the works. According

    to The Economist, ASEAN is potentially the most diverse regional grouping in

    the world with members ranging from communist to capitalist, authoritarian to

    democratic, and developed to developing.

    Nevertheless, businesses and investors agree that ASEANs future growth potential

    is undeniable. With the 2015 deadline for integration into the ASEAN EconomicCommunity (AEC) just around the corner, it is increasingly important for businesses

    looking to tap the growing ASEAN market to understand the diverse set of countries

    that make up ASEAN, and the great complexity of doing business that comes with

    that. In the country profiles that follow, readers will discover a concise introduction

    to the ten ASEAN countries, covering their history, economy, development zones,

    and visa and taxation systems.

    Taxation

    A countrys taxation system includes its corporate income tax (CIT), individualincome tax (IIT), withholding tax, and indirect taxes such as value-added tax ( VAT)

    or goods and services tax (GST).

    Taxation rates, particularly corporate income tax, are often a source of competition

    between countries with lower rates generally more attractive to businesses and

    foreign investors. Debate continues within economic literature on the costs and

    benefits of tax competition and tax harmonization the standardization of tax rates.

    Currently in force in the European Union, the idea of tax harmonization has been

    floated in ASEAN for several years but has yet to be realized.

    It remains to be seen how ASEAN will choose to tackle the issue of taxation upon

    integration. Within the AEC Blueprint, which outlines the steps to integration, only

    two clauses mention taxation directly:

    Strengthening ASEAN Capital Market Development and Integration:

    Enhance withholding tax structure, where possible, to promote the

    broadening of investor base in ASEAN debt issuance.

    Promote ASEAN as an integrated investment area and production network:

    Work towards establishing an effective network of bilateral agreements

    on the avoidance of double taxation among ASEAN countries.

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    12 - ASEAN BRIEFING | Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia 2015

    Although tax rates vary widely across the region, the past decade has seen a general

    downward trend especially in the years since the AEC Blueprint was inked. Brunei

    continues to maintain zero individual income tax, while rates go up progressively

    to 37 percent in Thailand. Corporate tax rates range from 17 percent in Singapore,

    one of the lowest in the world, to 35 percent for some foreign entities in Myanmar.

    ASEAN has made large strides towards eliminating intra-regional trade barriers.

    According to the AEC scorecard, the implementation rate for 2008 to 2011 was 67.5percent. In particular, tariff barriers have been largely eliminated although some

    significant non-tariff barriers remain. Under the Common Effective Preferential Tariff

    (CEPT) scheme, which paves the way for the elimination of customs tariffs between

    ASEAN countries, tariffs on 99 percent of trade between the ASEAN-6 were gone by

    2010. In 2012, overall average intra-regional tariff rates were as low as 0.55 percent.

    Double Taxation Agreements

    Under the AEC Blueprint, ASEAN was scheduled to complete its network of double

    taxation avoidance agreements by 2010, although gaps still remain. Double taxation

    avoidance agreements (DTAs), which prevent the same income from being taxed

    by two or more jurisdictions, save significant money for multinational companies

    and encourage cross-border trade. Among the ten countries, only Cambodia has

    yet to sign any DTAs with its fellow ASEAN members. Malaysia has DTAs with all

    members except Cambodia.

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    Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia 2015 |ASEAN BRIEFING- 13

    Individual Income Tax Comparison

    Individual income tax (IIT) rates and regulations vary considerably across ASEAN.

    Here, we provide a visual representation of the differences in IIT that exist between

    each of the organizations nations. It is important to remember that these graphs

    are based upon estimates and the exchange rate at the time of writing, and should

    not be used to make any meaningful IIT calculations.

    A key issue when determining individual income tax liabilities for foreigners is

    residency. Each jurisdiction in ASEAN has their own rules in this regard, and it may

    affect a persons eligibility for paying IIT. For details relating to a specific country,

    you can contact the tax experts at Dezan Shira & Associates at [email protected].

    Individual Income Taxes Chart

    Tax

    Rate

    0%

    10%

    20%

    30%

    40%

    0 10,0005,000 20,000 40,000 80,000 160,000

    Brunei

    Cambodia

    IndonesiaLaos

    Malaysia

    Myanmar

    Philippines

    Singapore

    Thailand

    Vietnam

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    14 - ASEAN BRIEFING | Invest ASEAN: A Foreign Business Executives Guide to Emerging Asia 2015

    Development Zones

    Within each country, taxation rates may also vary by region or industry due to special

    tax incentives provided by the government and the presence of designated

    business friendly economic development zones. Preferential tax policies, ease of

    access to domestic markets, strong institutions, and resource support are just some

    of the benefits of locating ones business in a development zone. With significant

    variation in the terminology and conditions of development zones around ASEAN,

    it is important for businesses to understand what a particular zone can offer.

    Choosing a development zone within ASEAN can potentially provide a low costs

    manufacturing base for the regional markets that extends beyond Southeast Asia

    to China, India and the Pacific.

    Work Visa and Permit ProceduresDiversity within ASEAN also extends to the legal procedures and requirements

    governing the employment of foreign workers. Documents typically required

    include a special work visa, a work permit, and/or a residence permit. Countries

    may also offer some form of short-term business visa, which may have restrictionson full-time employment, but permits certain business-related activities.

    Payroll Processing

    As more multinational companies are expanding their operations to numerous

    countries in Asia, they are increasingly transitioning towards an outsourced model

    for handling their payroll and HR administration. The traditional country-by-country

    model struggles with complex and inefficient communication between many local

    offices, and the global managed model may lack the expertise in, and sensitivity

    to, the diverse local statutory requirements and customs. Instead, a new breed of

    pan-Asia integrated payroll outsourcing models is quickly becoming the preferred

    system for multinational companies in this diverse region.

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