Some regulatory challenges arising from the operation of foreign investors providing ride hailing service under the sharing economy model in vietnam, british experience and recommendations

HO CHI MINH CITY UNIVERSITY OF LAW FACULTY OF INTERNATIONAL LAW -*** TRAN BAO NGAN Student ID: 1651101030091 SOME REGULATORY CHALLENGES ARISING FROM THE OPERATION OF FOREIGN INVESTORS PROVIDING RIDE-HAILING SERVICE UNDER THE SHARING ECONOMY MODEL IN VIETNAM, BRITISH EXPERIENCE AND RECOMMENDATIONS BACHELOR’S THESIS School Year: 2017 – 2022 Supervisor: Dr Nguyen Thi Hoa Ho Chi Minh City – Year 2022 DECLARATION I hereby declare that the thesis "Some regulatory challenges arising from the operation of foreign investors providing ride-hailing service under the sharing economy model in Vietnam, British experience and recommendations" is the result of my research, conducted under the scientific supervision of Dr Nguyen Thi Hoa, ensuring honesty and compliance with the rules on citation and annotated bibliography I take full responsibility for this declaration Ho Chi Minh City, June 29, 2022 Tran Bao Ngan LIST OF ABBREVIAITONS CIEM Central Institute for Economic Management Civil Code Civil Code No 91/2015/QH13, dated November 24, 2015 Decree 10/2020 Decree No 10/2020/ND-CP on Auto Transport Business and Conditions for Auto Transport Business Dated January 17, 2020 Decree 126/2020 Decree No 126/2020/ND-CP Elaboration of the Law in Tax Administration, dated October 19, 2020 Decree 31/2021 Decree No 31/2021/ND-CP Elaboration of Some Articles of the Law on Investment, dated March 26, 2021 Labor Code Labor Code No 45/2019/QH14, dated November 20, 2019 Law on Investment Law on Investment No 61/2020/QH14, dated June 17, 2020 UK United Kingdom VAT Value-add tax WTO World Trade Organization TABLE OF CONTENTS INTRODUCTION CHAPTER 1: AN OVERVIEW OF THE SHARING ECONOMY AND ITS CURRENT STATUS IN VIETNAM 1.1 Overview of the sharing economy 1.1.1 Definition and characteristics of the sharing economy 1.1.2 Some forms of business in the sharing economy 13 1.2 An overview of business activities of business entities under the sharing economy concept in Vietnam 18 1.2.1 Operational status of business entities under the sharing economy concept in Vietnam 18 1.2.2 The impact of the sharing economy on the overall economy 21 CONCLUSION OF CHAPTER 23 CHAPTER 2: MARKET ACCESS CONDITIONS FOR FOREIGN INVESTORS PROVIDING RIDE-HAILING SERVICE 25 2.1 An overview of market access for foreign investors 25 2.2 Business line identification 28 2.3 Specific market access conditions for foreign investors providing the road passenger transport services 29 2.3.1 Holding of charter capital by foreign investors 29 2.3.2 Investment methods 30 2.3.3 Scope of investment 30 2.3.4 Capacity of investors and partners participating in investment activities and other conditions 31 CONCLUSION OF CHAPTER 33 CHAPTER 3: SOME REGULATORY ISSUES ARISING FROM THE OPERATION OF FOREIGN INVESTORS PROVIDING RIDE-HAILING SERVICE 35 3.1 The essentials of a legal framework for the sharing economy model 35 3.2 Some regulatory issues arising from the operation of foreign investors providing ride-hailing services in Vietnam and the UK 37 3.2.1 Employment issue 37 3.2.2 Tax issue 46 CONCLUSION OF CHAPTER 55 CONCLUSION OF THESIS 57 INTRODUCTION Rationale “The sharing economy phenomenon proved to be more than just a frail and temporary trend and has been capable of overturning competition across the globe Within the wide variety of organizations that have flourished based on the concept of “sharing” underutilized assets, a group of internet-based platform businesses have been thriving in many different industry sectors and internationally.”1 According to a Pwc’s survey, five major industries, including tourism, transportation, finance, human resources, online music and video, which apply the sharing economy model, have the potential to increase global revenue from $15 billion in 2014 to approximately $335 billion by 2025 One-third of Europe's population and seventy-two percent of North America's population have used services via shared platforms This demonstrates that the potential for future global growth of the sharing economy is enormous In Vietnam, according to a recent study by the Department for National Economic Issues under the Ministry of Planning and Investment, sharing economy is a new trend that goes hand-inhand with the revolution in information technology, becoming one of the key pillars of the digital economy, and is the primary concern of entrepreneurs and start-ups in many countries Initially, the sharing economy concept has begun to attract attention from 2014, as a result of Uber and Grab’s market entry In 2019, there were approximately sixty sharing economy businesses currently active in Vietnam, providing services ranging from transportation to lodging, finance, and labor For instance, Airbnb, an accommodation sharing platform firm, registered 1,000 rooms to be shared in Vietnam Belk (2014) and Möhlmann (2015), as cited in Parente, R C., Geleilate, J M G., and Rong, K (2018), “The sharing economy globalization phenomenon: A research agenda”, Journal of International Management, 24(1), p.1 in 2015; by 2018, this number had risen to 40,800 rooms, accommodating over 400,000 people annually.2,3,4 Although there are numerous foreign investors operating and thriving under the concept of the sharing economy in Vietnam, and the government also encourages this growth,5 the absence of a suitable legal framework for the operation of foreign ridehaling platform providers results in many regulatory challenges such as tax, employment, etc Therefore, the author deems it necessary to address these issues and propose recommendations based on experience from foreign laws Literature review The concept of sharing economy piques the interest of various academics, thus, there are a great number of documents have been written about this topic, both in Vietnam and throughout the world Some notable research is summarized in the below section 2.1 Vietnamese materials Phạm Khánh Nam (2021), “Mơ hình kinh tế chia sẻ: vấn đề quản lý Việt Nam” (The Sharing Economy: Governance Issues in Vietnam), UEH Digital Repository: This article provides the definition of the sharing economy, how it functions, and how to limit its unwanted effects while promoting its growth to contribute to the development of Vietnam in the context of the Industrial Revolution 4.0 Particularly, the article focuses on the analysis of the passenger transport business of technology firms to Phạm Khánh Nam (2021), “Mơ hình kinh tế chia sẻ: vấn đề quản lý Việt Nam” (The Sharing Economy: Governance Issues in Vietnam), UEH Digital Repository, p 79 Trần Thị Hằng (2019), Development of sharing economy in Vietnamese in the context of the industrial revolution 4.0 and some recommendations, Journal of Science and Technology - Hanoi University of Industry, No 54, 2019, p 89 Đỗ Thị Nhung, “Phát triển mơ hình kinh tế chia sẻ Việt Nam số đề xuất” (Developing sharing economy model in Vietnam and some recommendations), Financial Journal Online, dated May 19, 2018, https://tapchitaichinh.vn/nghien-cuu trao-doi/trao-doi-binh-luan/phat-trien-mo-hinh-kinh-te-chia-se-o-viet-namva-mot-so-de-xuat-139063.html, assessed on May 20, 2022 On August 12, 2019, Prime Minister Nguyen Xuan Phuc signed Decision No 999/QD-TTg giving approval for Scheme for Development of Sharing Economy highlight the common issues associated with the sharing economy model and recommend appropriate management strategies Hà Thị Thanh Bình (2021), “Kinh tế chia sẻ điều chỉnh pháp luật” (Sharing economy and the regulation of laws), Vietnamese Journal of Legal Sciences, 02(141): This article analyzes the characteristics of the sharing economy and advocates the need for the regulation of this business model In addition, the author examines and provides suggestions as to the content and extent to which the law should control the sharing of underutilized resources Also, the article analyzes and proposes certain legal solutions for participants’ obligations, tax administration, and worker protection in the sharing economy The recommendation from this article is a good source for legislators to improve the law to catch up with the development of the economy Chu Thị Hoa (2021), “Kinh tế chia sẻ quyền tự kinh doanh” (Sharing economy and business freedom), Electronic newspaper of the Ministry of Justice: In this paper, the author introduces and analyzes the realization of business independence in the sharing economy model, thereby fostering the growth of this industry in Vietnam Dương Kim Thế Nguyên and Huỳnh Thiên Tứ (2021), “Kinh tế chia sẻ dịch vụ kết nối: Nhu cầu điều chỉnh mặt pháp lý bối cảnh chuyển đổi số Việt Nam” (Sharing economy and connected services: legal adjustment needs in the context of digital transformation in Vietnam), Vietnamese Journal of Legal Sciences, 04(143): The study analyzes various trends in the growth of the sharing economy and makes a compelling case for the necessity to enact rules on these subjects The authors then recommend amending Vietnamese law to cover the sharing economy development trends and intermediary service providers' activities Lê Thị Thúy Nga (2021), “Hoàn thiện pháp luật thuế kinh tế chia sẻ Việt Nam” (Perfecting tax laws on sharing economy in Vietnam), Economy & Forecast Review Online, 16(770): In the context of industrial Revolution 4.0, accessing and mastering the application of science and technology, especially information technology, to the management, exploitation, and operation of sharing economy activities is an inevitable tendency However, the current issue is how to properly manage and "stimulate" the development of the sharing economy, which is a difficult issue for many nations, including Vietnam The article focuses on clarifying several aspects of tax legislation and tax administration in Vietnam for the sharing economy model Trần Thị Việt Hà (2020), “Một số vấn đề pháp lý đặt quy định phát triển mơ hình kinh tế chia sẻ Việt Nam nay” (Several legal concerns raised about Vietnam's current sharing economy legislation), Vietnamese Journal of Legal Sciences, 04(43): The article provides an overview of sharing economy as well as its current status in Vietnam Based on that, the author demonstrates the necessity of completing the legal framework for the sharing economy model in order to foster its development and limit its possible negative effects on social life, participants of this model, and the overall economy Trần Thi Hằng (2019), "Phát triển kinh tế chia sẻ Việt Nam bối cảnh Cách mạng Công nghiệp 4.0 số khuyến nghị” (Development of the sharing economy in Vietnam in the context of the Industrial Revolution 4.0 and some recommendations), Journal of Science & Technology, No 54.2019: This article examines several aspects of the sharing economy, including its theoretical foundation and the current state of its development in Vietnam, and provide some suggestions for developing the sharing economy in the context of Industrial Revolution 4.0 Lê Huy Khôi (2018), “Xây dựng hồn thiện hạ tầng sách phát triển mơ hình kinh tế chia sẻ Việt Nam” (Building and completing the policy infrastructure to develop the sharing economy model in Vietnam), Financial Journal Online: The article discusses the current state of the sharing economy around the world as well as in Vietnam On the basis of an analysis of the limitations of this model in Vietnam over the past few years, the article proposes orientations to build and complete the infrastructure policy in order to create a driving force for the development of sharing economy 2.2 Foreign materials Frenken, K., and Schor, J (2019), “Putting the sharing economy into perspective”, A research agenda for sustainable consumption governance, Edward Elgar Publishing: The paper contextualizes the sharing economy by providing a conceptual framework that allows the author to define the sharing economy and its close relatives and understand its sudden rise from an economic-historical perspective It also evaluates sharing economy platforms in terms of their economic, social, and environmental impacts and considers current regulations and alternative platform architectures It concludes with research questions for future study Sundararajan, A (2017) “The sharing economy: The end of employment and the rise of crowd-based capitalism”, MIT press: The book outlines the shift toward what the author calls "crowd-based capitalism," which is a new form of organizing economic activity that has the potential to supersede the traditional model that is centered on corporations The author explores not just the origins of this new style of working but also its repercussions, as well as how the concept of "sharing" shapes the political economy of the "asset-light" age The book also highlights crucial policy options and recommends possible new approaches for self-regulatory organizations, labor law, and funding our social safety net Ranchordas, S (2015), “Does sharing mean caring: regulating innovation in the sharing economy”, Minnesota Journal of Law, Science and Technology, 16(1): This article examines the issues of governing the sharing economy from the perspective of "innovation law," claiming that these innovations should not be strangled by regulation, but neither should they be left unregulated This article concludes by proposing that innovation in the sharing economy necessitates fewer but broader rules that not stifle innovation but impose a minimum set of legal requirements that take into account the 53 In response to the Supreme Court judgment, Uber sought declaratory relief 122 to determine if its business model complies with Transport for London (TFL) laws, which includes that an operator licensed under the Private Hire Vehicles (London) Act 1998 who accepts a booking from a passenger is not required by that Act to enter into (as principal) a contract with the passenger to provide the transportation service in connection with that booking.123 Nonetheless, the High Court judgement on December 6, 2021 was against Uber when it concluded that “in order to operate lawfully under the Private Hire Vehicles (London) Act 1998 a licensed operator who accepts a booking from a passenger is required to enter as principal into a contractual obligation with the passenger to provide the journey which is the subject of the booking.”124 Consequently, Uber is the party with contractual obligations to passengers who use its service As a result, Uber announced that a 20% VAT will be added to app-booked rides across the UK, resulting in a significant increase in Uber rates from March 14, 2022.125 c) Recommendations To resolve the VAT tax problem raised by Grab in Section 3.2.2.a, when it argues that two-wheel passenger transport is not a business, so the relationship between drivers and passengers still relies on the principles of civil relations, and Grab only acts as an agent to connect these parties, Vietnam lawmakers should take 122 Declaratory relief, also commonly known as declaratory judgment or declaration, is a form of discretionary remedy which parties may seek from the court A declaration is essentially a statement made by the court at the request of a party See at: https://www.lexisnexis.co.uk/legal/guidance/declaratory-relief, last accessed on June 23, 2022 123 Zoe Wickens, “Uber pursues High Court action following Supreme Court ruling on worker rights”, Employee Benefits, dated May 25, 2021, https://employeebenefits.co.uk/uber-high-court-action-supreme-court-rulingworker-rights/, last accessed on June 23, 2022 124 United Trade Action Group Ltd, R (On the Application Of) v Transport for London (Rev1), Case No: C0/4087/2020 & CO/3046/2021, available at: https://www.bailii.org/cgibin/format.cgi?doc=/ew/cases/EWHC/Admin/2021/3290.html, last accessed on June 23, 2022 125 Gwyn Topham, “Uber fares to rise in UK as 20% VAT rate is applied”, The Guardian, dated March 11, 2022, https://www.theguardian.com/technology/2022/mar/11/uber-fares-to-rise-by-20-across-uk-as-vat-is-applied, last accessed on June 23, 2022 54 the view of the High Court of the UK, by adopting regulations specifying that the platform provider is the party with contractual obligations to passengers who use its service, rather than the drivers.126 This approach is in line with the above recommendation regarding the employment issue, where drivers are seen as workers of the platform providers, and the passengers transact with the platform providers through the booking order via the app Consequently, the platform providers are responsible for collecting and declaring VAT by charging the passengers directly through the fares, as in the case of Uber in London.127 126 127 See Section 3.2.2.b Ibid 55 CONCLUSION OF CHAPTER This chapter confirms that the sharing economy ought to be governed by legislation, but to a different extent and in a different manner as compared to the traditional economy This is owing to the fact that adopting the same restrictions will undoubtedly limit the expansion of the sharing economy, whilst a lack of regulation will result in a number of significant challenges Additionally, this chapter analyses the current regulatory obstacles resulting from the commercial activities of foreign investors providing ride-hailing services in Vietnam and the UK, particularly through the respective situations of Grab and Uber Generally, the two most contentious subjects in two nations are employment and tax issues Regarding the employment issue, while Grab and Uber always seek to avoid an employer's obligation to call their drivers as “partners”, rather than employees However, a ruling by the UK Supreme Court has concluded that these drivers are workers, not independent contractors Therefore, they must have the corresponding rights of workers under UK law Regarding the tax issue, both Grab in Vietnam and Uber in the UK attempt to minimize their tax burden However, the case of Uber is more serious when it takes advantage of the Double Dutch Strategy to move the majority of its profits to the tax haven After reviewing the legal concerns surrounding the operation of ride-hailing platforms in Vietnam and the UK, the following recommendations are made: Firstly, Vietnam should enact regulations to a lesser extent than for regular employment relationships, which is the same as the approach of the UK Supreme Court judgement, which ruled that Uber's drivers are neither independent contractors nor employees but workers instead 56 Secondly, adopting regulations specifying that the platform provider is the party with contractual obligations to passengers who use its service, rather than the drivers Consequently, the platform providers are responsible for collecting and declaring VAT by charging the passengers directly through the fares, as in the case of Uber in London 57 CONCLUSION OF THESIS Although there are numerous foreign investors operating and thriving under the concept of the sharing economy in Vietnam, and the government also encourages this growth, the absence of a suitable legal framework for the operation of foreign ride-haling platform providers results in many regulatory challenges such as tax, employment, etc Regarding market access, foreign investors who provide ride-hailing services are engaged in two business lines: (i) computer and related services and (ii) road passenger transport services While computer and related services not fall within the prohibited or restricted market access business lines, passenger transport by road is the restricted market access business line Therefore, foreign investors investing in this industry must satisfy, particularly: (i) Maximum capital ownership: 51% (ii) Investment methods: BCC contracts, joint ventures (liability limited company, join-stock company, partnership) (iii) Other condition: 100% drivers of joint venture must be Vietnamese citizens After foreign investors set up business in Vietnam, there are many issues arising in the course of their operation, such as: (i) Tax: Because of the novelty of the business model and the lack of explicit rules, foreign platform providers attempt to reduce their tax burden (ii) Employment: while foreign platform providers always seek to avoid an employer's obligation by considering their drivers as "partners", rather than employees 58 To resolve these problems, some recommendations are provided based on experience from British laws, which comprise of: Firstly, regulations on the employment relationship between drivers and foreign ride-hailing platform providers should be adopted, but to a lesser extent than those for conventional employment relationships This is similar to the approach of a UK Supreme Court judgement, which ruled that Uber's are workers instead of employees Secondly, the platform providers should be required by law to have contractual obligations to passengers who use their service, and therefore, they should be responsible for collecting and declaring VAT by charging the passengers directly through the fares, as in the case of Uber in London BIBLIOGRAPHY A LEGAL DOCUMENTS Civil Code No 91/2015/QH13, dated November 24, 2015 Decree No 10/2020/ND-CP on Auto Transport Business and Conditions for Auto Transport Business Dated January 17, 2020 Decree No 31/2021/ND-CP Elaboration of Some Articles of the Law on Investment, dated March 26, 2021 Decree No 126/2020/ND-CP Elaboration of the Law in Tax Administration, dated October 19, 2020 Decision No 999/QD-TT Giving Approval for Scheme for Development of Sharing Economy, dated August 12, 2019 Labor Code No 45/2019/QH14, dated November 20, 2019 Law on Investment No 61/2020/QH14, dated June 17, 2020 National Security and Investment Act 2021 of the UK Schedule of Specific Commitments in Services of Vietnam upon accession to the WTO B VIETNAMESE MATERIALS Cẩm Tú, “Grab “tố” Tổng cục Thuế áp dụng Nghị định 126 không hợp pháp: Ai sai, đúng?” (Grab "accused" the General Department of Taxation that Decree 126 was illegal: Who is wrong, who is right?), Voice of Vietnam (VOV), dated December 16, 2020, https://vov.vn/kinh-te/grab-to-tong-cuc-thue-ap-dung-nghi-dinh-126-lakhong-hop-phap-ai-sai-ai-dung-824326.vov, accessed on June 15, 2022 Cấn Văn Lực, Phạm Thị Hạnh, and Lại Thị Thanh Loan, “Cho vay ngang hàng Phương thức tiếp cận vốn cho doanh nghiệp nhỏ vừa tương lai” (P2P Lending - A new way to access capital for SMEs in the future), Banking Journal, dated April 15, 2022, https://tapchinganhang.gov.vn/cho-vay-ngang-hang-phuongthuc-tiep-can-von-moi-cho-doanh-nghiep-nho-va-vua-trong-tuong-lai.htmhangphuong-thuc-tiep-can-von-moi-cho-doanh-nghiep-nho-va-vua-trong-tuong-lai.htm, accessed on May 19, 2022 Chu Thị Hoa (2019), “Kinh tế chia sẻ bối cảnh Cách mạng công nghiệp 4.0 số vấn đề pháp lý” (Sharing economy in the context of Industrial Revolution 4.0 and some legal issues), Electronic newspaper of the Ministry of Justice, https://moj.gov.vn/qt/tintuc/Pages/nghien-cuu-trao-doi.aspx?ItemID=2515, accessed on May 17, 2022 Chu Thị Hoa (2021), “Kinh tế chia sẻ quyền tự kinh doanh” (Sharing economy and business freedom), Electronic newspaper of the Ministry of Justice, https://moj.gov.vn/qt/tintuc/Pages/nghien-cuu-trao-doi.aspx?ItemID=2594, accessed on May 18, 2022 Đỗ Thị Nhung, “Phát triển mơ hình kinh tế chia sẻ Việt Nam số đề xuất”(Developing sharing economy model in Vietnam and some recommendations), Financial Journal Online, dated May 19, 2018, https://tapchitaichinh.vn/nghien-cuu-trao-doi/trao-doi-binh-luan/phat-trien-mo-hinh-kinh-te-chia-se-o-viet-nam-va-motso-de-xuat-139063.html Hà Thị Thanh Bình, “Kinh tế chia sẻ điều chỉnh pháp luật” (“Sharing economy and the regulation of laws”), Vietnamese Journal of Legal Sciences, 2021, 02(141) Hoài Thu, “Bình đẳng thuế taxi truyền thống với Grab, Uber” (Tax equality between traditional taxis with Grab, Uber), The Ministry of Finance, dated July 19, 2017,https://mof.gov.vn/webcenter/portal/btcvn/pages_r/l/tin-bo-taichinh?dDocName=MOFUCM106349, accessed on June 14, 2022 Hồng Giang, “Việt Nam hình mẫu đổi sáng tạo nước phát triển” (Vietnam is a model of innovation in developing countries), Vietnam Online Government News, dated September 22, 2021, https://baochinhphu.vn/viet-nam-lahinh-mau-ve-doi-moi-sang-tao-tai-cac-nuoc-dang-phat-trien-102300856.htm, accessed on May 20, 2022 Hoàng Khánh Linh and Đào Phương Mai, “Hoàn thiện pháp luật việt nam hợp đồng lao động quan hệ người lái xe công ty công nghệ tác động Cách mạng Công nghiệp lần thứ tư” (Completing Vietnam's law on labor contract in relationship between drivers and technology company under the impact of the fourth Industrial Revolution), Legal Research & Advisory Group UEL, dated February 17, 2021, https://lracuel.org/2021/02/17/hoan-thien-phap-luat-viet-namve-hop-dong-lao-dong-trong-quan-he-giua-nguoi-lai-xe-va-cong-ty-cong-ngheduoi-tac-dong-cua-cuoc-cach-mang-cong-nghiep-lan-thu-tu/#_ftn10, accessed on June 12, 2022 10 Lạc Duy, “Grab tài xế: Mối quan hệ “nửa vời” hợp đồng hợp tác kinh doanh lao động?” (Grab and the driver: the “halfway” relationship between a business cooperation contract and a labor contract?), The Saigon Times Online, dated December 24, 2020, https://thesaigontimes.vn/grab-va-tai-xe-moi-quan-he-nua-voigiua-hop-dong-hop-tac-kinh-doanh-va-lao-dong/, accessed on June 12, 2022 11 Mai Lan, “Thời kinh tế chia sẻ” (Time of sharing economy), Nhan Dan Online, dated November 27, 2018, https://nhandan.vn/kinh-te/thoi-kinh-te-chia-se-342246/, accessed on May 19, 2022 12 Nguyễn Thị Loan, “Kinh tế chia sẻ - tiềm thách thức Việt Nam” (Sharing economy - potential and challenges for Vietnam), Financial Journal Online, dated December 31, 2018, https://tapchitaichinh.vn/nghien-cuu-trao-doi/kinh-techia-se-tiem-nang-va-thach-thuc-doi-voi-viet-nam-301322.html, accessed on May 19, 2022 13 Nguyen Trong Duong, “Vietnam’s growth potential lies in the digital economy”, Online Newspaper of Ministry of Information and Communications, dated July 2, 2021,https://english.mic.gov.vn/Pages/TinTuc/147804/Vietnam-s-growth-potentiallies-in-the-digital-economy.html, accessed on May 19, 2022 14 Phạm Khánh Nam (2021), “Mơ hình kinh tế chia sẻ: vấn đề quản lý Việt Nam” (The Sharing Economy: Governance Issues In Vietnam), UEH Digital Repository, p.90-92, https://digital.lib.ueh.edu.vn/handle/UEH/62505, accessed on May 20, 2022 15 Phan Minh Ngọc, “FinTech đâu có thế!” (Fintech is not just that!), The Saigon Times, dated April 18, 2022, https://thesaigontimes.vn/fintech-dau-chi-co-the/, accessed on May 19, 2022 16 Trần Minh Phương, “Kinh tế chia sẻ tác động đến du lịch Việt Nam” (Sharing economy and its impact on tourism in Vietnam), Industry and Trade Magazine, dated June 7, 2020, https://tapchicongthuong.vn/bai-viet/kinh-te-chia-seva-nhung-tac-dong-den-du-lich-tai-viet-nam-72340.htm, accessed on May 19, 2022 17 Trần Thị Hằng (2019), Development of sharing economy in Vietnamese in the context of the industrial revolution 4.0 and some recommendations, Journal of Science and Technology - Hanoi University of Industry, No 54, 2019 C ENGLISH MATERIALS A Adams-Prassl, J Adams-Prassl, and D Coyle (2021), “Uber and Beyond: Policy Implications for the UK”, The Productivity Institute, Productivity Insights Paper No 001 Agarwal, N and Steinmetz, R (2022), “Sharing economy: A systematic literature review”, Emerging Issues and Trends in Innovation and Technology Management Agarwal, N., and Steinmetz, R (2022), “Sharing economy: A systematic literature review”, Emerging Issues And Trends In Innovation And Technology Management Aloni, E (2016), “Pluralizing the sharing economy”, Wash L Rev., 91 Aloni, E (2018), "Pluralism and regulatory response to the sharing economy", Cambridge Handbook on Law and Regulation of the Sharing Economy (Cambridge University Press 2018) Belk, R (2014) “You are what you can access: Sharing and collaborative consumption online”, Journal of business research, 67(8) Berkowitz, H and Souchaud, A (2019), “(Self-) regulation of sharing economy platforms through partial meta-organizing”, Journal of Business Ethics, 159(4) Brian O'Keefe and Marty Jones, “How Uber plays the tax shell game”, Fortune, dated October 22, 2015, https://fortune.com/2015/10/22/uber-tax-shell/, accessed on June 21, 2022 Constantiou, I., Marton, A., and Tuunainen, V K (2017), “Four models of sharing economy platforms”, MIS Quarterly Executive, 16(4) 10 Curtis, S K and Lehner, M (2019), “Defining the sharing economy for sustainability”, Sustainability, 11(3) 11 Dierken, B V (2018), “Uber's international tax scheme: Innovative tax avoidance or simple tax evasion, Syracuse J Int'l L & Com., 46 12 Fajar, M (2020), “Fair Competition: The Concept of Regulation in the Sharing Economy”, The Journal of Asian Finance, Economics and Business, 7(11) 13 Frenken, K., and Schor, J (2019), “Putting the sharing economy into perspective”, Aresearch agenda for sustainable consumption governance, Edward Elgar Publishing 14 Ganapati, S and Reddick, C G (2018), “Prospects and challenges of sharing economy for the public sector”, Government Information Quarterly, 35(1) 15 Gwyn Topham, “Uber fares to rise in UK as 20% VAT rate is applied”, The Guardian, dated March 11, 2022, https://www.theguardian.com/technology/2022/mar/11/uber-fares-to-rise-by-20across-uk-as-vat-is-applied, last accessed on June 23, 2022 16 Hartley, A (2019), “Uber Cases Show Inconsistent Approaches to Platform Taxation”, International Tax Review, 30(2) 17 Joe Buckley, “App-based Drivers in Vietnam: More Workers than Contractors”, dated June 6, 2022, https://fulcrum.sg/app-based-drivers-in-vietnam-moreworkers-than-contractors/, accessed on June 8, 2022 18 Karl Briffa et al., “UK: Uber London Drivers No Longer Considered Gig Workers”, Mondaq, dated March 2, 2021, https://www.mondaq.com/uk/employee-rights-labour-relations/1041098/uberlondon-drivers-no-longer-considered-gig-workers, accessed on June 20, 2022 19 Katz, V (2015), “Regulating the sharing economy”, Berkeley Tech LJ, 30 20 Maher Milad Iskander, “Worldwide: UK Supreme Court States: Driver's Working For Uber Are Employees (Legal Alert 136)”, Mondaq, dated April 29, 2021, https://www.mondaq.com/employee-rights-labour-relations/1053682/uksupreme-court-states-driver39s-working-for-uber-are-employees-legal-alert136, accessed on June 20, 2022 21 Malte Höfner and Rainer Rosegger, “A Critical Perspective on the Sharing Economy in Tourism Using Examples of the Accommodation Sector in Austria”, The Sharing Economy in Europe: Developments, Practices, and Contradictions, Palgrave Macmillan, Switzerland, 2022 22 Margarita Amaxopoulou, Mateja Durovic, and Franciszek Lech, “Regulation of Uber in the UK”, Global Perspectives on Legal Challenges Posed by Ridesharing Companies, Springer, Singapore, 2021 23 Meleo, L., Romolini, A., & Marco, M D (2016), “The sharing economy revolution and peer-to-peer online platforms The case of Airbnb”, International Conference on Exploring Services Science 24 Miguel, C., Martos-Carrión, E., and Santa, M (2022), “A Conceptualisation of the Sharing Economy: Towards Theoretical Meaningfulness”, The Sharing Economy in Europe 25 Mueller, F (1975), “Economic history and history of economics origins and interrelationships”, Forum for Social Economics, Taylor & Francis Group (Vol 5, No 1) 26 Muñoz, P and Cohen, B (2017), “Mapping out the sharing economy: A configurational approach to sharing business modeling”, Technol Forecast Soc Change 27 Nguyen Minh-Ngoc, “Ride-hailing market in Vietnam - statistics & facts”, Statista, dated June 17, 2021, https://www.statista.com/topics/8081/ride-hailingmarket-in-vietnam/ , accessed on June 12, 2022 28 Pasimeni, Francesco (2020), “The Origin of the Sharing Economy Meets the Legacy of Fractional Ownership”, SWPS 2020-19 29 Scott, I., and Brown, E (2016), “Redefining and regulating the new sharing economy”, U Pa J Bus L., 19 30 Selloni, D., “New forms of economies: sharing economy, collaborative consumption, peer-to-peer economy”, Codesign for public-interest services Springer, Cham., Switzerland, 2017 31 Sofia Ranchordas (2015), “Does sharing mean caring: Regulating innovation in the sharing economy”, Minn JL Sci & Tech., 16 32 Sundararajan, A (2014), “Peer-to-peer businesses and the sharing (collaborative) economy: Overview, economic effects and regulatory issues”, Written testimony for the hearing titled The Power of Connection: Peer to Peer Businesses 33 Zoe Wickens, “Uber pursues High Court action following Supreme Court ruling on worker rights”, Employee Benefits, dated May 25, 2021, https://employeebenefits.co.uk/uber-high-court-action-supreme-court-rulingworker-rights/, last accessed on June 23, 2022 D MATERIALS FROM THE INTERNET “2021 Investment Climate Statements: United Kingdom”, US Department of State, https://www.state.gov/reports/2021-investment-climate-statements/unitedkingdom/, accessed on June 27, 2022 “Conditions applied to Transport of goods and passengers by rail, air, road, river, sea, pipeline”, National Investment Portal, dated August 31, 2021, https://vietnaminvest.gov.vn/SitePages/News_Detail.aspx?ItemId=225, accessed on June 8, 2022 “Declaratory relief”, LexisNexis, https://www.lexisnexis.co.uk/legal/guidance/declaratory-relief, last accessed on June 23, 2022 “DIT inward investment report 2020 to 2021”, Department for International Trade, dated August 25, 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/atta chment_data/file/1013050/DIT-Inward-Investment-report-2020-to-2021.pdf, accessed on June 28, 2022 “Grab tăng giá cước giảm tỷ lệ chia cho tài xế Nghị định số 126/2020/NĐCP không đúng” (Grab increased the fare and reduced the ratio for the driver because Decree No 126/2020/ND-CP is incorrect), Financial Journal Online, dated December 9, 2020, https://tapchitaichinh.vn/Chuyen-dong-tai-chinh/grabtang-gia-cuoc-va-giam-ty-le-chia-cho-tai-xe-do-nghi-dinh-so-1262020ndcp-lakhong-dung-330450, accessed on June 15, 2022 “Guidance National Security and Investment Act: guidance on notifiable acquisitions”, Department for Business, Energy & Industrial Strategy, dated January 4, 2022, https://www.gov.uk/government/publications/national-securityand-investment-act-guidance-on-notifiable-acquisitions/national-security-andinvestment-act-guidance-on-notifiable-acquisitions, accessed on June 27, 2022 “Guidance The VAT treatment of passenger transport (VAT Notice 744A)”, GOV.UK, https://www.gov.uk/guidance/the-vat-treatment-of-passenger- transport-notice-744a#sect3, Section 3.1, last accessed on June 23, 2022 “Is sharing the new buying? Reputation and trust are emerging as new currencies”, Nielsen, dated May 2014, p.4, https://www.nielsen.com/wpcontent/uploads/sites/3/2019/04/global-share-community-report-may-2014.pdf, accessed on May 19, 2022 “Register for VAT”, GOV.UK, https://www.gov.uk/register-for-vat, last accessed on June 23, 2022 10 “Reverse charge - What is the reverse charge?”, Sumup, https://sumup.co.uk/invoices/dictionary/reverse-charge/, last accessed on June 23, 2022 11 “Thấy từ kinh tế “vay để chia sẻ” Việt Nam?” (What to see from the "borrow to share" economy in Vietnam?), Website of Foreign Investment, FIA, Ministry of Planning and Investment, dated December, 2020, https://fia.mpi.gov.vn/Detail/CatID/a2feab58-437c-49a1-94499f69c5fe128d/NewsID/e1588ca6-5989-4df2-aaeb-7d14fd4aa697, accessed on May 19, 2022 12 “VAT on services from abroad”, GOV.UK, https://www.gov.uk/vat-on-servicesfrom-abroad, last accessed on June 23, 2022 13 “World Investment Report 2021”, United Nations Conference on Trade and Development (UNCTAD), p.5, https://unctad.org/system/files/official- document/wir2021_en.pdf, accessed on June 28, 2022 14 Uber BV and others (Appellants) v Aslam and others (Respondents), Case ID: UKSC 2019/0029, see full judgement https://www.supremecourt.uk/cases/docs/uksc-2019-0029-judgment.pdf at: 15 United Trade Action Group Ltd, R (On the Application Of) v Transport for London (Rev1), Case No: C0/4087/2020 & CO/3046/2021, available at: https://www.bailii.org/cgibin/format.cgi?doc=/ew/cases/EWHC/Admin/2021/3290.html, last accessed on June 23, 2022