Issue 010922 – List of banned business lines and list of conditional business lines

Dear Valued Clients,   Currently, enterprises are allowed to freely operate in business lines that are not prohibited by law. In addition, enterprises must ensure that all conditions for operating business are met as prescribed by law and maintain such conditions throughout the operation process. Therefore, enterprises, domestic and foreign investors need to pay attention to which banned business lines as well as conditional business lines. In this Legal Article,…

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 010622 – Procurement under Law on Procurement and Commercial Law

Dear Valued Clients, Procurement is a special transaction method whereby an investor (or service user) sets certain requirements to select suppliers of goods or services who meet with those requirements, then the two parties can conduct the transaction according to terms and conditions they have established. Thus, from a general perspective, procurement is a method of selection to establish a working relationship based on the requirements of one party, with…

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 010322 – Procedures for adjusting investment projects subject to the provincial People’s Committees’ approval of investment guidelines

Dear Valued Clients, According to the Law on Investment No. 61/2020/QH14 (“the “Law”), during the implementation of investment projects, investors are entitled to adjust their projects. For investment projects subject to the provincial People’s Committees’ approval of investment guidelines (“AIG”), when adjusting the investment projects, investors have to comply with the procedures as prescribed by law. During execution of an investment project, the investor is entitled to adjust its objectives,…

Issue 040222 – Procedures for transferring investment project

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]…

Issue 032022 – Application for approval of investment guidelines for foreign investors

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…

Issue 020222 – Obligations of an employee in case of unilateral termination of the employment contract

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…

Issue 010222 – Settlement mechanisms for labor disputes pursuant to the 2019 Labor Code

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…

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