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Electronic Monitoring, Vietnam And The Workplace

Technology has made it easier than ever to monitor employees. Employers may use software programs installed on employees’ work computers; they may establish network firewalls, control employees’ use of computers, limit their access to the internet, and more. This article discusses how Vietnamese law regulates these activities.

Update new legal documents and some important tax policies - January 2019 No. 2

In this newsletter: 1) HCMC enterprises to adjust the salary base for Social Insurance contribution, 2) Business expansion supplementing business scope but not increasing scale and capital are not entitled to CIT incentives, 3) Notable tax points for Export Processing Enterprises (“EPEs”), 4) Goods borrowed from foreign partners for production and re-exported are not exempt from import duty, 5) Conditions for salaries paid to the expatriates and CIT deductibility.

Update On The Latest Regulations And Important Tax Policies - January 2019 No. 1

In this newsletter: 1) Decree No. 157/2018/ND-CP on new regional minimum wages, 2) Compulsory Social Insurance (“SI”) applies to foreigners, 3) Phone no. registration required for online verification of social insurance contribution process, 4) Mandatory for new business after 1 Nov 2018 to use electronic invoices? 5) VAT refund following operation of investment project, 6) VAT Adjustment payable will not lead to recalculation of interest, 7) Amended Investment Registration Certificate must be obtained to qualify for tax exemption to investment expansion, 8) Income received from Google, Facebook is subject to Foreign Contractor Tax (“FCT”).

Employee or Consultant? Vietnam and the 20-Factor Test

The U.S. Internal Revenue Service (US tax authorities) has developed a 20-factor test to help determine whether a person is an independent contractor or an employee. While the 20-factor test is based on U.S. common law, it also applies very well in Vietnam. This article discusses the IRS’s 20-factor test.

Guide to Employment Law in Vietnam

Guide on Real Estate Law in Vietnam

New Decree On Corporate Bonds In Vietnam – Key Changes For Foreign Investors

A new Decree, coming into effect on 1 February 2019, introduces more relaxed conditions for bond issuance but, on the other hand, bond issuers will be subject to a more stringent disclosure regime in relation to the bonds they issue. Partners Robert Fish and Linh Bui and Associate Dang Vu explain the likely impact of the new Decree for foreign investors looking to invest in Vietnamese corporate bonds.

Guide on Agency and Distribution Legislation in Vietnam

This guide discusses commercial agency and distribution legislation in Vietnam which is regulated by the Commercial Code, covering definitions, obligations of the ageny or distributor, termination, non-competition, territory, duration, and exclusivity, among other issues.

Personal Liability And Corporate Liability Under New Penal Code

On June 20, 2017, the National Assembly passed the revised Penal Code, effective on January 1, 2018. Several acts, previously criminal, are no longer punishable; several previously innocent acts have been criminalized. One very large change is that an enterprise--not just an individual-may now be guilty of a crime

Vietnam Legal Update: New Competition Law Will be Effective Soon

On July 1, 2019, the new Law on Competition (“2018 Law”) will take effect and it has some significant differences from the existing Law on Competition (“2014 Law”). While certain details are yet to be determined, below we will outline some of the significant differences that businesses should note between the two laws.

Asia Transfer Pricing Q4 2018

Update On New Regulations And Important Tax Policies - December

In this newsletter: Repealing of import and export duty regulations, Guidance on registration of technology transfer agreements, Issuance of adjustment invoices of revenue reduction, Procedures for renting warehouses outside of EPEs, Severance allowance in excess of stated levels will be subject to Personal Income Tax, Management fees paid to the parent company, and Cash payments for share purchases.

Investing in E-payment Businesses in Vietnam

In this report, we look at the legal framework for e-payment activities; the key legal issues and options for foreign investment in this sector; and the proposed changes to the e-payment regulations.

Privatisation in Vietnam

The Vietnamese Government has an ambitious plan to equitise and divest state capital in more than 500 enterprises by 2020, in order to improve the management and operation of state-owned enterprises and raise capital to address the state's budget deficit. This process offers a variety of ways for private investors – particularly foreign investors – to tap into the Vietnamese market by investing in companies with leading market positions and nationwide networks.

Update On New Regulations And Important Tax Policies - November No. 2

In this newsletter: Guidelines on health insurance, Amending guidelines on implementing labour code, Paper invoices no longer required, Gifts to employees deductible, Tax treatment on payment of gift as vacation trips, VAT and CIT treatment in case of deemed increase in tax liabilities of imported goods, and Tax deduction of loan interest expenses.

Update On Exported Goods’ Origin

The Ministry of Industry and Trade has just released Circular no. 39/2018/TT-BCT dated 30 October providing guidance on the procedures for examination and verification of the origin of exported goods before and after the Certificate of Origin, the self-certification of goods’ origin, and the statement of goods’ origin (collectively referred to as “C/O”) is issued.

New Requirements On Self-Inspection And Reporting On Labour Law Compliance

On 17 October, the Ministry of Labour, War Invalids and Social Affairs issued Circular 17/2018/TT-BLDTBXH regulating self-inspection of labour law compliance by enterprises. Circular 17 will take effect on 1 January 2019.

Vietnam – Draft Cybersecurity Regulation Released

Following the passing of the controversial Cybersecurity Law in June, the Ministry of Public Security recently released for public consultation a draft decree providing detailed guidance on this law. The draft contains a number of important clarifications of the localisation requirements applicable to foreign service providers.

Compulsory Social Insurance Regime Is To Apply To Foreign Employees In Vietnam

Social insurance contributions from foreign employees working in Vietnam and their employers were required from 1 January 2018, but lack of guidance has meant a hold on the practice until now. The Government has finally issued a long-awaited decree that implements the scheme for foreign employees from 1 December 2018.

Update On New Regulations And Important Tax Policies - November

In this newsletter: Compulsory Social Insurance for expatriates, Regulations on issuance of work permits, Sponsorship for educational institutions, The input VAT of domestic sales, Materials imported for production of exports, FIEs and retail licenses when selling goods self-produced, Google/ Facebook ads are subject to Foreign Contractor Tax, VAT declaration of activities in provinces other than the HQ.