Vietnam Legal Update: Draft Amendment to Labour Code

Reading Time: 3 minutesOn 28 April 2019, the Ministry of Labour – Invalids and Social Affairs published a draft law amendment to the Labour Code (the “Draft Amended Labour Code”). A considerably substantive amendment, this Draft Amended Labour Code is comprised of 17 chapters and 221 articles. This amendment will be officially submitted to the National Assembly at […]

VIETNAM: Draft Decision 3 and Vietnam’s Solar Future from July 2019

Reading Time: 3 minutesOn 12 April 2019, the Ministry of Industry and Trade of Vietnam (the “MOIT”) released a new draft Decision (the “Draft Decision 3”) that will replace Decision No. 11/2017/QD-TTg issued by the Prime Minister of Vietnam dated 11 April 2017 (“Decision 11”) on mechanisms to encourage the development of solar power projects in Vietnam. Introducing […]

VIETNAM: Legal issues surrounding the collection of a deceased person’s sperm

Reading Time: 5 minutesThis article was first published on nguoiduatin.vn as of 30/12/2018. The case where Ms. Vong Ngoc Huyen requested the receipt of her biological son’s sperm that is being stored at Tu Du hospital for her daughter-in-law’s in-vitro fertilization has raised multiple legal issues such as: may sperm be considered an asset? Does sperm belong to moral rights […]

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Vietnam Legal Update: Additional Permitted Cases on the Use of Foreign Currency in the Territory of Vietnam

Reading Time: 2 minutesIt is Circular No. 03/2019/TT-NHNN dated 29 March 2019 (“Circular 03”) due to amend Circular 32/2013/TT-NHNN dated 26 December 2013 (“Circular 32”), the State Bank of Vietnam relaxes the restrictions on the use of foreign currency in Vietnam. Principle of restriction on use of foreign currency in Vietnam Under Circular 32, except for 16 limitative […]

Vietnam Legal Update: New Rules Governing Investment in Vocational Education

Reading Time: 4 minutesThe Government of Vietnam’s Decree 15/2019/ND-CP dated 1 February 2019 detailing the regulations and measures for implementing the Law on Vocational Education (“Decree 15”) replaces Decree 48/2015/ND-CP detailing the regulations for the Law on Vocational Education (“Decree 48”). Decree 15 took effect on 20 March 2019 and introduces major differences with the requirements previously required […]

Vietnam Legal Update: Additional Permitted Cases on the Use of Foreign Currency in the Territory of Vietnam

Reading Time: 2 minutesIt is Circular No. 03/2019/TT-NHNN dated 29 March 2019 (“Circular 03”) due to amend Circular 32/2013/TT-NHNN dated 26 December 2013 (“Circular 32”), the State Bank of Vietnam relaxes the restrictions on the use of foreign currency in Vietnam. Principle of restriction on use of foreign currency in Vietnam Under Circular 32, except for 16 limitative […]

Vietnam: Disputes arising from NDA – who volunteers to put “Wukong’s magical circlet” on?

Reading Time: 7 minutesIn the case of a company that has sued its employee (“Employee”) for breaching a Non-Disclosure and Non–Competition Agreement limiting the Employee from working for the company’s competitors (non–competition agreement), several controversial assessments and legal precedents have followed. As made by the Commercial Arbitration Council (CAC), these have delivered different opinions to the concerned parties, […]

Vietnam: When subsidiaries go bankrupt – can creditors “seek compensation” from parent companies?

Reading Time: 6 minutesIt is normal and recommended to allow a subsidiary which operates ineffectively and falls into insolvency to go bankrupt for the sake of a healthy business environment. However, except for subsidiaries which are only the front companies to conceal non-transparent or illegal business activities of parent companies, the bankruptcy of an enterprise causes losses to […]

Vietnam: May the buffalo sue the tractor?

Reading Time: 5 minutesThe panel hearing the case between Vinasun and Grab appears to be taking the more prudent approach before giving a ruling. It has adjourned the first-instance hearing until 22/11/2018; to have more time to verify and collect evidence before providing its conclusion regarding the alleged VND41 billion damage suffered by Vinasun. However, whatever the result […]

Vietnam: “Battle” against plastic carrier bags: Experience from England

Reading Time: 5 minutesIncreasing the environmental protection tax rate in regards to production from VND40,000 up to VND200,000/kilogram of produced plastic carrier bags as drafted by the Ministry of Finance appears to only make an impression on figures. Since the end of the period of 2014-2016, during a training course at a UK university, I have witnessed an […]

Vietnam: Work Permit – The Key Point in Resolving Labour Disputes with Foreign Employees

Reading Time: 9 minutesOne of the requirements for foreigners to work in Vietnam is to be granted a work permit by the competent Vietnamese authorities (Article 169.1.(d) of the 2012 Labor Code).  However, due to the practical, day-to-day demands of business, many companies do not comply with this regulation and often sign labor contracts with foreign employees without […]