ISSUE OF OCTOBER 2022 – DATA STORAGE AND ESTABLISHMENT OF BRANCHES OR REPRESENTATIVE OFFICES IN VIETNAM OF DOMESTIC AND FOREIGN ENTERPRISES

Dear Valued Clients, On August 15th 2022, The Government issued Decree 53/2022/ND-CP (“Decree 53”), effective from October 1st 2022, detailing several provisions of the Cybersecurity Law in which the storage of data and establishment of branches or representative offices in Vietnam of domestic and foreign enterprises are also prescribed. In this Legal Update, we would like to summarize and clarify provision on storage of data and establishment of branches or…

ISSUE 021022 – RIGHTS AND OBLIGATIONS OF EMPLOYEES AND EMPLOYERS

    Dear Valued Clients, An employer and an employee shall form a labor relationship once these two parties enter into an employment contract. In order to avoid potential disputes, an employment contract usually specifies the rights and obligations of both parties, making them clearer for the purpose of due performance. In this Legal Article, we would like to clarify the rights and obligations of the parties to an employment…

ISSUE 011022 – THE ENTERPRISE’S LEGAL REPRESENTATIVE

Dear Valued Clients, Legal representative plays an important role in operation and management of a company. In order to have some insights on legal position of a legal representative under the Law on Enterprise No. 59/2020/QH14 of the National Assembly dated June 17, 2020 (the “Law on Enterprise 2020”), we’d like to provide this Legal Article for your reference. 1.     The definition The enterprise’s legal representative is the person…

ISSUE 030922 – THE APPLICATION PROCEDURE FOR THE ISSUANCE OF WORK PERMIT OF A FOREIGN EMPLOYEE WORKING IN VIETNAM BY IMPLEMENTATION OF LABOR CONTRACT

  Dear Valued Clients, With the increasing demand for use of foreign employees, more and more foreign employees are applying to work in Vietnam. In order to work legally in Vietnam, foreign employees need to strictly comply with labor regulations, especially on the issuance of work permit for the foreigner. In this Legal Article, we would like to summarize the conditions issuance of work permits for foreign employees and instructions…

ISSUE 020922 – The procedures of increasing charter capital of a foreign-invested enterprise (not subject to the Investment Guidelines Approval)

Dear Valued Clients, The practice of working with foreign customers doing business in Vietnam shows that the procedure to increase investment capital for foreign-invested enterprises is one of the issues that many customers are most concerned about. In the context that the COVID-19 epidemic is cooling down, FDI enterprises urgently need capital to quickly restore business operations. In this Legal Article, we shall show you the procedures for increasing charter…

Issue 010922 – List of banned business lines and list of conditional business lines

Dear Valued Clients,   Currently, enterprises are allowed to freely operate in business lines that are not prohibited by law. In addition, enterprises must ensure that all conditions for operating business are met as prescribed by law and maintain such conditions throughout the operation process. Therefore, enterprises, domestic and foreign investors need to pay attention to which banned business lines as well as conditional business lines. In this Legal Article,…

ISSUE OF AUGUST 2022 – SUPPORT POLICIES FOR EMPLOYEES UNDER RESOLUTION NO. 24/2022/UBTVQH15 DATED AUGUST 11, 2022 OF THE NATIONAL ASSEMBLY STANDING COMMITTEE

Dear our clients, Facing the negative impacts of the COVID-19 epidemic, on September 24, 2021, the National Assembly Standing Committee issued Resolution No. 03/2021/UBTVQH15 promulgating policies to support employees and employers affected by the COVID-19 pandemic from the unemployment insurance fund (“Resolution 03”). Following Resolution 03, the National Assembly Standing Committee has issued Resolution No. 24/2022/UBTVQH15 dated August 11, 2022 (“Resolution 24”) to prolong the support to employees. Under this…

ISSUE OF JULY 2022 – NEW STATUTORY MINIMUM WAGES FROM JULY 2022

Dear Valued Clients, On June 12, 2022, the Government issued Decree 38/2022/ND-CP (“Decree 38”) prescribing the statutory minimum wages applicable to employees working under labor contracts, effective as of January 1st, 2021. In this Legal Update, we would like to summarize monthly and hourly statutory minimum wages of employees as per regions specified in Decree 38 for your kind reference and consideration. 1. Definition of statutory minimum wage[1] Statutory minimum…

Issue 010622 – Procurement under Law on Procurement and Commercial Law

Dear Valued Clients, Procurement is a special transaction method whereby an investor (or service user) sets certain requirements to select suppliers of goods or services who meet with those requirements, then the two parties can conduct the transaction according to terms and conditions they have established. Thus, from a general perspective, procurement is a method of selection to establish a working relationship based on the requirements of one party, with…

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