Tiếng Việt
Dear Valued Clients, During the implementation of an investment project, the Law on Investment No. 61/2020/QH14 (“the “Law”) allows investors to transfer part of or the whole investment projects to other investors when they meet certain conditions and comply with the procedures as prescribed by law. In this Legal Article, ENT would like to introduce to you the procedure for transferring investment projects. A. Conditions for transfer of investment project[1]…
Dear Valued Clients, Law on Investment No. 61/2020/QH14 (the “Law”), which takes effect on January 1st, 2021, supplements new regulations in a beneficial manner to investors, especially foreign investors, for the purpose of promoting investment activities in Vietnam, one of which is the provisions on approval of investment guidelines (AIG) by competent authorities for both domestic and foreign-related projects. ENT would like to send you the detailed analysis of the…
Dear Valued Clients, Pursuant to the 2019 Labor Code, an employee is entitled to unilaterally terminate the employment contract (“EC”) upon the prior notice to the employer in certain circumstances. ENT would like to send Valued Clients this article clarifying regulations related to this matter. Obligations of an employee in case of legal unilateral termination of the EC[1] While an employer is only entitled to unilaterally terminate the EC…
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…