Harmonizing Domestic Laws With WTO Obligations

Since it acceded to WTO on January 11, 2007, Vietnam has taken gradual steps towards opening its doors to foreign investments in an attempt to harmonize its domestic laws with its WTO commitments. However, not every road is filled with roses, and Vietnam’s effort for harmonization has not been without shortcomings.  As a result, our Article will provide a summary of certain policies of the domestic laws in the context…

Unintended Consequences Of Price Control

The adoption of Circular 122/2010/TT-BTC (“Circular 122”) on broadening the State’s control over the pricing of goods and services of the Ministry of Finance has not only been met with strong opposition from industry and trade experts but also warranted unintentional consequences. As a result, our Article aims to identify and analyze the consequences brought about by the adoption of Circular 122 by specifying and dissecting the legislation of Circular…

Balancing Mining Opportunities With Protection Of The Environment

Issues relating to mining operations always seem to cause the public to be up in arms in Vietnam, be it irresponsible dumping of mining-related toxic wastes to waterways or potential environmental impacts of large-scale bauxite mining operations as Vietnam’s advantage of mineral reserves and mineral commodities have attracted both legal international investment interest and illegal mining operations. Due to the recent, well-publicized environmental concerns in Vietnam, our Article is written…

ISSUE 011122 – Investment incentives

Dear Valued Clients, Investment incentives play a significant role in encouraging investment as a way to promote and push the socio-economic growth of our country. Therefore, in this Legal Article, we would like to summarize the information about investment incentives specified in the Law on Investment No. 61/2022/QH14 of the National Assembly dated June 17, 2020 (the “Law on Investment 2020”) for your kind reference and consideration. 1.     …

Traps for the unwary-protecting consumers from multi-level marketing schemes – Vietnam Law & Legal Forum, July 2010

  Multi-Level Marketing (“MLM”) and its constantly-evolving schemes are no strangers in developed countries for the exploitation of its unwary participants. In the 2000s, this business activity found its way to Vietnam and lured countless Vietnamese aspiring business people with its strong entrepreneurial spirit and rapidly-increasing affluence while circumventing the laws, thus prompting the existence of this Article.    However, it should be noted that the intention of this Article…

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…

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