The labor code: The need for a comprehensive look

Subsequent to the participation of the International Labor Organization (“ILO”) through a variety of conventions, Vietnam’s Labor Code has undergone considerable debate and re-drafting with a view to standardizing certain regulations of domestic laws on employment to be consistent with the organization’s recommendations. Currently on the fourth iteration, the draft of this labor code (the “Draft”) has been the center of attention with many concurring and dissenting opinions regarding whether…

Issue 020523 – Establishment of the branches

Dear Valued Clients, The branch is one of the multiple types of an enterprise’s dependent unit in Vietnam. Based on the purposes and needs, Vietnamese or foreign traders can choose to register to operate or establish a branch to facilitate their business activities. In order to understand clearly the definition, functions, activities, and established procedures of a Branch according to the law, Valued Clients can refer to our below legal…

High Hopes For The New Law On Commercial Arbitration

Vietnam has continuously developed its legal environment to support and attract the business community and investors. As a result, the Law on Commercial Arbitration (the “LCA”) has been promulgated to create a flexible framework for individuals and organizations to resolve disputes by means of private arbitration, although some inadequacies still remain.  Our Article thus aims at providing recommendations on the LCA’s legal aspect through (i) comparing its broadening scope of…

Untangling The Web Of Establishing Enterprises In Vietnam

The unification of multiple laws under the Law on Enterprises 2005 along with the enactment of the Law on Investment within the same year represented a significant advancement for Vietnam in terms of establishing standardized legal regulations that apply to the business sector and showed Vietnam’s non-discriminatory treatments towards investors. However, regardless of such accomplishments, Vietnam’s incorporation of enterprises remained an untangled web of contradictions. As these inadequacies have caused…

Issue of May 2023 – Decree No.13/2023/ND-CP on protection of personal data

Dear Valued Clients, In recent years, the situation of purchasing and disclosing personal data has been becoming more common in cyberspace, seriously affecting the freedom and privacy of users. Therefore, on April 17, 2023, the Government issued Decree No. 13/2023/ND-CP on the protection of personal data (“Decree 13”), effective from July 1, 2023. This Decree is considered the first comprehensive legal document regulating the protection of personal data in Vietnam….

Issue 010523 – Establishment of representative office

Dear Valued Clients, A representative office (“RO”) is one of the types of dependent units of an enterprise in Vietnam. Based on the purposes and needs, Vietnamese enterprises or foreign traders can choose to establish an RO to facilitate their business activities. In order to better understand the definition, functions, organizational structure, activities, and establish procedures for each type of RO according to the law, Valued Clients can refer to…

Issue of April 2023 – Drafting resolution on value – added tax reduction

Dear Valued Clients, With the goal of stimulating consumer demand, recovering and developing the economy after the Covid-19 pandemic, in 2022 the Government issued Decree No. 15/2022/ND-CP (“Decree 15”) dated January 28, 2022, providing tax exemption and reduction policies under Resolution No. 43/2022/QH15 of the National Assembly, with a strong focus on value-added tax (“VAT”) exemption and reduction. However, besides the results achieved, in the process of implementing Decree 15,…

Issue 020423 – Pre-registration contracts

Dear Valued Clients,  The pre-registration contract has an important meaning and role in the process before the establishment. To better understand the concept, properties, characteristics, as well as issues keep in mind the opinion of the pre-registration in accordance with the provisions of the Enterprise Law No. 59/2020/QH14 of the National Assembly, dated June 17, 2020 (“Enterprise on Law 2020”), please see directions our basic citation in this article.  1….

Issue 010423 – Objectives and forms of civil transactions

Dear Clients, The civil transaction is one of the popular and important issues in civil law because it is an effective means to satisfy the legitimate rights and interests of the involved. In this Legal Article, we would like to provide brief guidance on objectives and forms of civil transactions in accordance with the Civil Code No. 91/2015/QH13 of the National Assembly dated November 24, 2015 (“Civil Code 2015”). Civil…

Issue of March 2023 – Drafting Decree to amend and supplement Decree No. 65/2022/ND-CP on private offering and trading of corporate bonds in the domestic market and the offering of corporate bonds to the international market

Dear Valued Clients, On September 16, 2022, the Government issued Decree No. 65/2022/ND-CP amending and supplementing a number of articles of Decree No. 153/2020/ND-CP dated December 31, 2020 on offerings and trading of corporate bonds individually in the domestic market and offering of corporate bonds to the international market (“Decree 65”). However, after being put into practice, Decree 65 clearly reveals inadequacies in the current context of the domestic and…

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