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…
Dear Valued Clients, On September 30th 2022, the State Bank has issued Circular No. 12/2022/TT-NHNN (“Circular 12”) guiding the foreign exchange administration in respect of foreign borrowing and foreign debt repayment of enterprises replacing Circular No. 03/2016/TT-NHNN dated February 26th, 2016, Circular No. 05/2016/TT-NHNN dated April 15th, 2016 and Circular No. 05/2017/TT-NHNN dated June 30th, 2017. On the basis of regulations effectively applied in previous documents, Circular 12 has been…
Dear Valued Clients, To meet the increasing demand for production and business in the context of the Covid-19 pandemic, the National Assembly Standing Committee passed Resolution No. 17/2022/UBTVQH15 dated March 23, 2022 (“Resolution 17”) on overtime hours in a year and a month of employees in the context of Covid-19 pandemic prevention and socio-economic recovery and development. In this Legal Update, we would like to summarize the number of overtime…
Dear Valued Clients, Using electronic invoices (“E-invoices”) is a mandatory requirement under Decree 123/2020/ND-CP (“Decree 123”) and Circular 78/2021/TT-BTC (“Circular 78”) that should be put on notice to enterprises. On February 24, 2022, the Ministry of Finance issued Decision No. 206/QD-BTC on the application of e-invoices in 57 provinces and central-run cities, effective from April 2022 for a number of eligible subjects. Subsequently, from July 1, 2022 going forward, all…
Dear Valued Clients, It has come to our attention during operation that the matter concerning the supervision of foreign investment activity carried out by Vietnamese competent state authorities is always one among others that draws attention of foreign-invested economic organizations. On the occasion of the adoption of Circular No. 02/2022/TT-BKHDT on the guidance on supervision and assessment of investment for foreign investment activities in Vietnam (“Circular 02”), we would like…
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, 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…
Dear Valued Clients, Recently, the Government has announced the second draft of the Decree on personal data protection (the “Draft Decree”) as a guidance document of the current Cyber Security Law. In this Legal Update, we would emphasize several highlights which could affect business activities in Vietnam since this Draft Decree is adopted. Definition of personal data Recently, personal data (“PD”) is absent from or is stipulated scatteredly in the…
Dear Valued Clients, Facing nagative impacts of Covid-19 epidemic across the country, most enterprises and business households and individuals face a series of financial difficulties. Having this understood thoroughly, the National Assembly Standing Committee has recently passed a resolution on a package of exemption and reduction of corporate income tax and value added tax for these subjects. The following article will update the basic provisions of Resolution No. 406/NQ-UBTVQH15 dated…