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Vietnam Updates From ADK - Vol. 36: Decree No. 17 on penalties in the following fields: Chemicals, energy, commerce, production and trade in counterfeit goods, consumer rights.

In this update: The Government has just issued Decree 17 on penalties for administrative violations in the field of chemicals, electricity, safety of hydroelectric dams, effective use of energy. commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights.

Cambodia: Annual Compliance Obligations

There have been some recent changes and updates with respect to the annual compliance obligations for most enterprises in Cambodia, including: Tax on income return, transfer pricing documentation, patent tax, annual certificate of compliance, annual declaration of commercial enterprise, submission of annual financial statements, foreign employee quota for 2023, foreign employee work permits for 2022, etc.

Future of Vietnam DTAs post-MLI

On 9 February, Vietnam signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (“the Convention” or “the MLI”), becoming the 99th jurisdiction to join the Convention.

Vietnam: Precedent No. 52/2021/AL on the validity of contracts for a donation of land use rights without registration

Việt Nam: Tiền lệ số 52/2021/AL về hiệu lực hợp đồng tặng cho quyền sử dụng đất mà không cần đăng ký

In this legal update: 1) Entry procedures for foreigners, overseas Vietnamese and their relatives to return to Vietnam, 2) Precedent No. 52/2021/AL on the validity of contracts for a donation of land use rights without the registration of land use rights

Vietnam Weekly Update - 16 February 2022

Cập Nhật Hàng Tuần Việt Nam - 16 Thang 02 2022

In this legal update: 1) The implementation of several articles of the Law on Occupational Safety and Health regarding employee benefits re occupational accidents or diseases, 2) Amending the Law on Investment and the Law on Housing; and 3) Frequently asked legal questions on declaring inheritances.

Resolution 11 provides various measures to support businesses

On 30 January, the Government issued Resolution 11/NQ-CP on socio- economic recovery measures and implementation of Resolution 43/2022/QH15 on fiscal and monetary policies.

Cambodia: Determination of 2021 Market Interest Rate for Employee Loans

Digital Signatures In Signing Labour Contracts

Digital signatures can be used by businesses to sign labour contracts with their employees. This update discusseses the legal validity of digital signatures with employees.

Vietnam Updates From ADK - Vol. 35: Law amending and supplementing the Law on Investment, the Law on Enterprises

Bản Tin Pháp Luật Từ ADK - Số 35: Luật sửa đổi, bổ sung Luật Đầu tư, Luật Doanh nghiệp

In this update: 1) National Assembly issues Law No. 03/2022/QH15 amending and supplementing a number of articles of the Law on Investment, the Law on Enterprises, 2) Eliminating the requirement to have a certificate of full dose of COVID-19 vaccine or a certificate of recovery or negative test on domestic flights

Axie Infinity Redux

Vietnam’s startup darling Axie Infinity is in the news. Like the United States on the back of trillions of dollars of newly printed dollar bills, Axie Infinity is suffering from a classic economic problem: inflation.

Cambodia: Obligation for Projects to Submit Documentation to the GDT

The General Department of Taxation issued an Instruction which sets out obligations for taxpayers in Cambodia that carry out projects for public interest in connection with a grant or loan agreement or memorandum of understanding with the Government.

Thailand: Dispute Resolution Mechanisms Across Various Industries

This article considers the various modes of dispute resolution used the most in Thailand, with particular reference to several key industry sectors of Thailand.

Major Changes To The Implementing Rules of Law On Real Estate Business in Vietnam

On 6 January 2022, the Government issued Decree 2/2022 on implementation of the Law on Real Estate Business 2014. Decree 2/2022 will take effect from 1 March 2022 and replace Decree 76/2015. This post will summarize some notable new regulations introduced by Decree 2/2022.

New measures to control greenhouse gas emissions in Vietnam

In this January 2022, three new legal documents have been issued regarding the reduction of greenhouse gas emissions and protection of the ozone layer, including Decree 6 of the Government dated and effective from 7 January 2022 (Decree 6/2022). The legislation seems to a step to implement Vietnam’s commitment to achieve net-zero carbon emissions by 2050 in the COP26.

Structure for foreign lenders to take mortgage over Land Use Right held by Vietnamese borrowers

Under the Land Law of 2013, a foreign lender cannot take a mortgage over a land use right from a Vietnamese borrower. However, a foreign lender with the support of a Vietnamese bank may consider the some structures to allow a Vietnamese company borrower to use its land use right as security for a foreign lender.

“Seat of arbitration” and “venue of arbitration” – What do they mean under Vietnamese law?

In international arbitration, determining the “Seat Of Arbitration” is important since the law of the country where the seat of arbitration is located will usually govern the arbitration proceedings. In Vietnam, the Law on Commercial Arbitration 2010 does not have a clear definition of “seat of arbitration” and “venue of arbitration”.

Will the number of preference shareholders be taken into account in determining public company status in Vietnam?

The Securities Law 2019 is not clear whether the number of preference shareholders will be taken into account when determining whether a company is a public company.

Approved 2021-2030 Land Use Master Plan

On 13 November 2021, the National Assembly issued Resolution No. 39 to approve the land use master plan for the period 2021-2030 with a vision to 2045 and a land-use plan in 5 years from 2021 to 2025 (Land Use Master Plan).

Vietnam Weekly Update - 24 January 202

Cập Nhật Hàng Tuần Việt Nam - 24 Thang 01 2022

In this update: 1) Value added tax policy in merger and separation of companies, 2) Expenses deductible when calculating corporate income tax and personal income tax with the payment of unpaid leave days for employees, 3) The management of petroleum business, and 4) Calculating PIT for foreigners.

Credit Information in Vietnam

A summary of credit information services regulation in Vietnam.