Tiếng Việt
Dear Valued Clients, According to the 2019 Labor Code, a labor dispute means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relation; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation. Distinguished from other types of disputes, labor disputes shall be settled by particular settlement mechanisms according to…
Dear Valued Clients, In order to promptly recover and develop the economy, since January 11, 2022, the National Assembly has adopted a Resolution No. 43/2022/QH 15 (“Resolution 43”) on fiscal and monetary policies for supporting socio-economic recovery and development program containing various notable contents for enterprises. Resolution 43 becomes effective from 11/01/2022 to 01/01/2024. In this Legal Update, the significant updates of such Resolution shall be specified. Value-added tax (VAT)…
Dear Valued Clients, Under the 2019 Labor Code (“LC”), enterprises or employers have the right to terminate employment contracts (“ECs”) with their employees in some certain cases. ENT would like to send Valued Clients this article collecting cases of lawful unilateral termination of employers and their obligations in the event of unilateral termination of ECs. Cases of unilateral termination of an EC of employers Under Article 36.1 of the 2019…
Dear Valued Clients, With Vietnam’s recent open-door policies, which call for preferential FDI capital, the number of foreign investors in Vietnam is constantly increasing. The 2014 Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam and the Amendment Law No. 51/2019/QH14 (the “Law”) have witnessed open and flexible regulations in the issuance of confirmation of temporary residence in order to create favorable conditions for direct foreign individual investors…
Dear Valued Clients, Pursuant to the 2012 Law on Trade Union, the establishment of a grassroots trade union (“GTU”) totally depends on the voluntariness of the employees and is not a mandatory procedure for the employer. However, since the law encourages the establishment of a GTU in an enterprise, ENT would like to provide some specific guidance on the procedures for setting up a GTU as you will see below…
Applicable subjects 1. Short-term visitors (visitors enter Vietnam within 14 days) include: Visitors who enter Vietnam for diplomatic or official purposes. Visitors who enter Vietnam not for diplomatic or official purposes (investors, experts, skilled workers, managers of enterprises, business, commerce, market research, their families, and other persons under agreement with each specific country). 2. People being in contact with the short-term visitors during their time in Vietnam. Applicable principles The…
Dear Valued Clients, On November 16, 2021, the Ministry of Planning and Investment have just adopted the Circular No. 09/2021/TT-BKHDT (“Circular 09”) guiding the selection of investor to implement public-private partnership (“PPP”) projects and projects using land, clarifying and instructing the Decrees 35/2021/NĐ-CP and 25/2020/NĐ-CP as well as replace the Circular 06/2020/TT-BKHĐT. The Circular 09 shall become effective from January 01, 2022. The significant updates of such Circular shall be…
Dear Valued Clients, Every year, enterprises are required to prepare and submit various types of labor report to the state authorities. In anticipation of the upcoming new year, in order to assist enterprises to be fully aware of their obligations, ENT Law would like to provide Valued Clients this article summarizing the labor report regime in 2022 for enterprises. Annual reports Deadline Type of report Report submitter Report…
Dear Valued Clients, Pursuant to the Law on Enterprises, an enterprise could be organized in various forms with specific pros and cons. Accordingly, it is necessary and crucial for business owners to be aware of the features of each form in advance of business establishment. In order to provide the most preliminary awareness to Valued Clients, ENT Law shall summarize the most significant advantages and disadvantages of each form of…
Dear Valued Clients, Compensation for damage and penalty for violation of the contract are two common sanctions in civil contracts. However, for each different field, the regulations on compensation for damage and penalty for violation of the contract will be governed by separate specialized laws. In this article, we will focus on sharing the legal provisions related to compensation and penalty for the violation of construction contract. I. OVERVIEW…