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Allocating Sea Area for Offshore Wind Power Projects In Vietnam

It is likely that an offshore wind power project (Offshore WPP) will need to follow the procedures under Decree 11/2021 in order to be allocated with the necessary sea area for development and operation of the Offshore WPP, as explained in this legal update.

Notes for entering labor contracts with elderly employees

Despite reaching retirement age, many elderly employees still wish to continue working to earn income or because they are passionate about devoting themselves to society. How can enterprises sign the labour contracts with those elderly employees? This article discusses this issue.

Offshore Wind Development in Vietnam – Legal Issues Relating to the Use of Sea Area

Vietnam appears to have Great Potential to develop offshore wind, however, except for regulations on offshore oil and gas development under the Petroleum Law, Vietnam does not have adequate regulations to develop a large offshore infrastructure project such as offshore wind farms.

The Problems Of Joint Venture Under Vietnam Competition Law

The Competition Law 2018 requires a JV satisfying certain notification thresholds to be notified to the competition authority for review. However, the application of the JV concept under the Competition Law 2018 is problematic, as this articles discusses.

The Institutional Representative of the State in a Vietnamese State-owned Enterprise (SOE)

Decree 47/2021 implementing the Enterprise Law 2020 and Decree 10/2019 implementing the Law on Management State Capital 2014 provide helpful clarification on the entities which can act as the owner representative agency of the State in a SOE, as explained here.

Cambodia: New Prakas on Formalities of Certification Work of Architectural Design and Structural Design

Vietnam Weekly Update - 3 January 2022

Cập Nhật Hàng Tuần Việt Nam - 3 Thang 01 2022

In this Legal Update: 1) Medical guidelines for COVID-19 prevention and control for people who are allowed to enter Vietnam to work for less than 14 days (short-term work); 2) Social insurance premiums for foreign workers and voluntary social insurance ; and 3) CIT policy for new investment projects.

Vietnam Weekly Update - 28 December 2021

Cập Nhật Hàng Tuần Việt Nam - 28 Thang 12 2021

In this legal update: 1. The labeling of goods, 2. Expenses for making temporary residence cards and visas for foreign employees, 3. Regulations on working time and rest time for employees; and 4. Guidance on tax policy on tuition fees for children of foreign employees working in Vietnam.

Vietnam: New regulations on using the official development assistance (ODA) and concessional loans

In this legal update: 1) Some adjustments in subjects, pension benefits, social insurance and monthly allowances, 2) New regulations on using the official development assistance (ODA) and concessional loans from foreign donors.

Vietnam Weekly Update - 21 December 2021

Cập Nhật Hàng Tuần Việt Nam - 21 Thang 12 2021

In this week’s legal update: 1) Detailed regulations on several articles and measures to implement the Law on Vietnamese Guest Worker; 2) Guidance on tax assessment and overdue tax handling; and 3) Guidance on job protection of whistleblowers who work under labor contracts.

Thai Cabinet Passes New Draft Resolution Easing Restrictions on Cross-Border Transactions and Commercial Activities

Vietnam: Regulations on activities of sending Vietnamese employees to work abroad under contracts

In this legal update: 1) Regulations on activities of sending Vietnamese employees to work abroad under contracts, 2) Regulations on stating the origin of goods on goods labels in Decree 111/2021/ND-CP.

Vietnam: Notable News Regarding Ecommerce Platforms and Tax

In this legal update: 1. E-commerce platforms are only obligated to declare and submit tax on behalf of individuals when authorized, 2. Extending the deadline for submitting excise tax for automobiles manufactured or assembled domestically.

Thailand’s ETDA Set to Release Far Reaching Royal Decree on Digital Processing Processors Ensnaring Foreign Companies Supplying Thai Consumers

Vietnam: Amendments to the escrow amount required for operating in travel services

In this update: 1) Amendments to the escrow amount required for operating in travel services, 2) Procedures for returning the escrow money after revoking travel services business licenses, and 3) First-time registration fees of automobiles, trailers, semi-trailers drawn by automobiles and other types of vehicles similar to automobiles produced, assembled domestically.

Cambodia: Deadline for 2022 Foreign Employee Quota Applications Extended to 31 January 2022

On 1 December 2021, the Ministry of Labour and Vocational Training (“MLVT”) issued Notification 058/21 on Extending the Deadline for the 2022 Foreign Employee Quota Application (“Notification”). Through the Notification, the MLVT has delayed the submission deadline for 2022 foreign employee quota applications until 31 January 2022, being two months after the original deadline.

Return of Debt Purchase Price To A Foreign Debt Purchaser

Hoàn Trả Giá Mua Nợ Cho Bên Mua Nợ Nước Ngoài

This post discusses the situation where the foreign Debt Purchaser advances the Debt Purchase Price to the Seller and will receive the Receivables from the Buyer when due and whether the advanced Debt Purchase Price is considered as a foreign loan.

Transfer of capital contribution in private universities that have not been restructured

Chuyển nhượng vốn góp trong các trường đại học tư thục chưa chuyển đổi

The Law on amending the Law on Higher Education dated 19 November 2018 provides for various new points compared to the Law on Higher Education dated 18 June 2012 (Higher Education Law 2012). One of important new points is the change in the organizational structure of private universities.

New regulations on public offering of shares under in Vietnam

Quy định mới về chào bán cổ phiếu ra công chúng tại Việt Nam

The new rules on public offering of securities in Vietnam under the Securities Law 2019 and Decree 155/2020 contain several changes to the previous rules under the Securities Law 2006 and Decree 58/2012. Here are some notable new changes.

Are computer files property under Vietnamese law?

Tệp máy tính có phải là tài sản theo pháp luật Việt Nam không?

Computer Files are the foundation of the digital economy which in turn is the foundation of a modern economy. There are strong arguments to consider computer files being property and qualified as “things” (vật). However, in practice, it is not clear if the courts and other Government authorities will accept such arguments.