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 030122 – INSTRUCTION ON TEMPORARY RESIDENCE CARD APPLICATION FOR FOREIGNERS IN VIETNAM

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…

Issue 020122 – Official Dispatch 10943/BYT-MT on medical guidelines for people entering Vietnam to work for less than 14 days

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…

Issue 010122 – Circular No. 09/2021/TT-BKHDT on guidelines for selection of investors implementing public–private partnership projects and projects using lands

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…

Issue 041221 – Labor report regime in 2022 for enterprises

  Dear Valued Clients, Every year, enterprises are required to prepare and submit various types of labor report to the state authorities. In anticipation of the upcoming new year, in order to assist enterprises to be fully aware of their obligations, ENT Law would like to provide Valued Clients this article summarizing the labor report regime in 2022 for enterprises. Annual reports   Deadline Type of report Report submitter Report…

Issue 031221 – Advantages and disadvantages of business forms in Vietnam

Dear Valued Clients, Pursuant to the Law on Enterprises, an enterprise could be organized in various forms with specific pros and cons. Accordingly, it is necessary and crucial for business owners to be aware of the features of each form in advance of business establishment. In order to provide the most preliminary awareness to Valued Clients, ENT Law shall summarize the most significant advantages and disadvantages of each form of…

Issue 021221 – Penalty and compensation for the violation of the construction contract under the provisions of Construction Law

  Dear Valued Clients, Compensation for damage and penalty for violation of the contract are two common sanctions in civil contracts. However, for each different field, the regulations on compensation for damage and penalty for violation of the contract will be governed by separate specialized laws. In this article, we will focus on sharing the legal provisions related to compensation and penalty for the violation of construction contract. I. OVERVIEW…

LEGAL TRAINING FOR STARTUPS – TECHFEST 2021

Dear Clients, Associates and Friends, ENT Law is very proud to be sporsor for Techfest 2021 – the playground for the start-ups cohosted by the Ministry of Science and Technology, the Ministry of Foreign Affairs, VCCI, NSSC and many others. This is further to a series of legal and business training sessions within Techfest 2021 activities and to provide and equip the start-up community with important legal matters for its…

ISSUE 011221 – Procedure for obtaining an enterprise registration certificate

Dear Valued Clients, Since the 2020 Law on Enterprises became effective, the procedure for obtaining an enterprise registration certificate has been updated. This Article shall provide a specific instruction to perform such procedure in accordance with the latest Law on Enterprise and its guidance documents. Application for enterprise registration Application for registration of a sole proprietorship[1]: 1.  The enterprise registration application form (pursuant to Annex I-1 of the Circular No….

Issue 031121 – Procedures for increasing/decreasing charter capital of a limited liability company

Dear Valued Clients, Charter capital of a limited liability company is the total value of assets that have been contributed or promised by the members/the owner when a limited liability 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 shall point out several options of charter capital…

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