ISSUE OF DECEMBER 2022 – LATEST CHANGES IN ENTERPRISES’ FOREIGN BORROWING AND FOREIGN DEBT REPAYMENT

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…

ISSUE OF NOVEMBER 2022 – THE LATEST CHANGES TO THE PROVISIONS ON PRIVATELY PLACED CORPORATE BONDS

Dear Valued Clients, On September 16th 2022, The Government has issued Decree 65/2022/ND-CP (“Decree 65”), amending and supplementing a number of provisions of Decree 153/2022/ND-CP (“Decree 153”) prescribing the offering and trading of privately placed corporate bonds in the domestic market and offering of corporate bonds in the international market. Decree 65 is effective on September 16th 2022 and it has amended several noteworthy contents on privately placed corporate bonds….

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 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 020322 – Regulations on Vietnamese employees working abroad under contracts pursuant to Decree 112/2021/ND-CP

Dear Valued Clients, On December 10, 2021, the Government issued Decree 112/2021/ND-CP guiding the Law on Vietnamese employees working abroad under contracts (“Decree 112”). Decree 12 takes effect from January 1, 2022, replacing Decree 38/2020/ND-CP (“Decree 38”), which has added regulations related to the conditions that service enterprises need to meet in some cases and those related to the deposit payments of service enterprises and employees when working abroad, and…

Issue of January 2022 – Cases of unilateral termination of employment contracts of employers

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…

Issue 021121 – Procedures for increasing/decreasing charter capital of a joint-stock company

Dear Valued Clients, Charter capital of a joint-stock company is the total of nominal values of the sold or subscribed shares when a joint-stock company is established. During the company’s operation, the charter capital can be changed, either increased or decreased, depending on the business operations as well as demands of the company. The following article will point out cases of the charter capital amendment and provide instructions to implement…

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