Updates
From 01/08/2024, many new policies to ensure low-income individuals access to social housedi officially take effect
- Apolat Legal
Due to the importance of this social housing policy, the Housing Law 2023 (effective from August 1st, 2024) has been supplemented with many new policies to ensure the rights of people entitled to this policy.
Social insurance obligations during the probation period stipulated in an employment agreements
- Apolat Legal
Pursuant to the applicable Labor Code, the Employers and the Employees can agree on the terms of the probation period in the employment agreement or through a separate probationary contract. This article discusses probation period regulation.
Why are some industrial designs terminated even after being granted protection
- Apolat Legal
In Vietnam, the process of registering an industrial design is not overly complex; however, there are cases where industrial design protection may be terminated after being granted due to failure to meet certain conditions. In this article, Apolat Legal will introduce the conditions for protecting industrial designs and provide information on cases where industrial designs have been terminated in practice.
Chinese investors production activities of beds, cabinets, tables and chairs in Vietnam
- Apolat Legal
In order for Chinese Investors to invest in the production of beds, wardrobes, tables, and chairs in Vietnam, Investors need to pay attention to, specifically, to the two main issues set out in this article: Production and business location and investment capital level.
Application for sub-licenses for chemical trading activities (Part 1)
- Apolat Legal
Pursuant to Clause 2, Article 3 of Decree No. 113/2017/ND-CP stipulating chemical trade includes sale, export and import of chemicals to provide chemicals on the market for profitable purposes. Therefore, enterprises engaged in trading, exporting and importing chemicals need to pay attention to the issues set out in this article.
Thailand: New Draft Amendment of Anti-Money Laundering Act B.E. 2542 (1999)
- DFDL Thailand
This new draft amendment of AMLA introduces significant changes, broadening the scope of “predicate offenses” and enhancing the legal framework for anti-money laundering and counter-financing of terrorism, reflecting Thailand’s ongoing efforts to strengthen its legal framework against money laundering and related financial crimes, in line with international standards set by FATF.
Key Highlights of Vietnam’s New Decree No. 135/2024 on On-Site Self-Consumption Rooftop Solar Power
- Dentons Luat Viet
The Government has officially issued Decree No. 135/2024/ND-CP dated 22 October 2024, providing mechanisms and policies to encourage the development of on-site self-consumption rooftop solar power. The Decree comes into effect on 22 October 2024.
Thailand: Draft Climate Change Act
- DFDL Thailand
The draft Climate Change Act (“Draft Act“), proposed by the Department of Climate Change and Environment (“DCCA“) under the Ministry of Natural Resources and Environment, is currently in the legislative process. The Draft Act introduces 3 primary issues including carbon tax system, carbon credit business, greenhouse gas emissions trading system.
Vietnam: Abolishment of notification obligations concerning promotional activities under certain forms
- Dentons Luat Viet
On October 10th, 2024, the Government issued Decree No. 128/2024/ND-CP for amending, supplementing several provisions of Decree No. 81/2018/ND-CP dated May 22nd, 2018 that provided detailed guidelines on the Commercial Law regarding commercial promotional activities.
Thailand: First Administrative Fine for PDPA Violation
- DFDL Thailand
The Office of the Personal Data Protection Committee has issued an order on 31 July 2024 requiring a private e-commerce company to strictly comply with the Personal Data Protection Act B.E. 2562 (2019) (PDPA) and order the first administrative fine for the amount up to 7 million Baht for non-compliance with the PDPA.
Thailand: Significant Fine on Soil Pollution
- DFDL Thailand
An investigation has been conducted by the Pollution Control Department against a Company which revealed that surface water around the company’s facility has high levels of acidity and lead contamination, with the quality of underground water in 12 locations was below standard and a watercourse in a nearby rubber plantation was found to contain a high level of acidity. As a result, the PCD filed a lawsuit against the company to pay a fine based on the following offences under Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992) (“ECA”):
Vietnam: Decree 135, Encouraging the Development of Self-produced and Self-consumed Rooftop Solar Power
- Global Vietnam Lawyers
On October 22, 2024, the Government issued Decree 135/2024/ND-CP regulating the mechanism and policies to encourage the development of self-produced and self-consumed rooftop solar power.
Cambodia: New Transfer Pricing Prakas Explained
- DFDL Cambodia
Prakas 574 “On the Rules and Procedures for Income and Expense Allocation among Related Parties” (Transfer Pricing) was issued by the Ministry of Economy and Finance on the 19 September 2024 and comes into effect on 1 January 2025.
Cambodia: Real Estate Tax Incentives Clarified and Extended
- DFDL Cambodia
Notification 014 MEF.N on the continuance and extension of tax incentives for the real estate sector was issued by the Cambodian Ministry of Economy and Finance on the 9th of October 2024.
Myanmar: New Patent Service Fees in Myanmar
- DFDL Myanmar
On 29 July 2024, the Ministry of Commerce released a detailed notification that included a comprehensive list of patent and utility model application forms. Following this, on 22 October 2024, the Intellectual Property Agency under the MOC issued Notification No. 2/2024, which outlines the service fees associated with patent and utility model registration as well as patent agent registration.
Vietnam: New proposals to amend Customs regulations
- PwC Legal Vietnam
On 24 October, the General Department of Customs issued official letter 5162/TCHQ-GSQL setting out various proposed changes to the Vietnam Customs regime. The draft circular is open for feedback until 8 November.
Vietnam: Decree 135 on Rooftop Solar Power Development for Self-Production and Self-Consumption
- Indochine Counsel
On 22 October 2024, the Government issued Decree No. 135/2024/ND-CP (“Decree 135”), which took immediate effect. This Decree introduces a legal framework and sets forth clearer procedures, including guidance for legal administration, aimed at facilitating the development of rooftop solar power (“RSP”) for self-production and self-consumption.
Vietnam: Update on the Law on Personal Data Protection (PDPL)
- RHTLaw Vietnam
The draft PDPL has been made available for public consultation, introducing a more thorough legal regime regulating the data collection and process by individuals and organizations throughout various industries such as marketing, advertisement, AI, banking, finance and insurance.
Vietnam: Analysis of the Feasibility of Implementing Article 31 of the Law on the Capital to Develop Real Estate Related to Urban Railways
- LNT & Partners
Article 31 of the Law on the Capital stipulates the planning and development of urban transportation infrastructure, emphasizing the crucial role of the urban railway system in forming synchronized development areas. The goal is to develop Hanoi in a modern, sustainable direction with the capability of connecting different areas within the city conveniently and efficiently.
Vietnam: Transfer Of Real Estate Project
- LNT & Partners
Started from 1st August 2024, a transfer of a real estate project is governed by the LoERB 2023 and its guidelines. The new legal framework establishes a legal process applicable to a transfer of partial or an entire real estate project from a developer to another developer. The legal update summarizes few key points of the said legal frameworks which developers should be aware of when engaging in project transfers under the updated legal framework.
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