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…

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…

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…

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…

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…

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…

In any securities trading market, there are always some people who attempt to take advantage of obtaining internal information to trade inside for mercenary gain, though this practice has been considered to be damaging both to the markets and the participants, creating unfairness among investors. As a result, the Law on Securities of Vietnam (the “LOS”) has prohibited insider trading and provided sanctions for deterrence, although many observe that the…