The labor code: The need for a comprehensive look

Subsequent to the participation of the International Labor Organization (“ILO”) through a variety of conventions, Vietnam’s Labor Code has undergone considerable debate and re-drafting with a view to standardizing certain regulations of domestic laws on employment to be consistent with the organization’s recommendations. Currently on the fourth iteration, the draft of this labor code (the “Draft”) has been the center of attention with many concurring and dissenting opinions regarding whether…

High Hopes For The New Law On Commercial Arbitration

Vietnam has continuously developed its legal environment to support and attract the business community and investors. As a result, the Law on Commercial Arbitration (the “LCA”) has been promulgated to create a flexible framework for individuals and organizations to resolve disputes by means of private arbitration, although some inadequacies still remain.  Our Article thus aims at providing recommendations on the LCA’s legal aspect through (i) comparing its broadening scope of…

Untangling The Web Of Establishing Enterprises In Vietnam

The unification of multiple laws under the Law on Enterprises 2005 along with the enactment of the Law on Investment within the same year represented a significant advancement for Vietnam in terms of establishing standardized legal regulations that apply to the business sector and showed Vietnam’s non-discriminatory treatments towards investors. However, regardless of such accomplishments, Vietnam’s incorporation of enterprises remained an untangled web of contradictions. As these inadequacies have caused…

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…

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…

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