A labour dispute is a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labour relations. This article discusses the factors that affect the outcome of labour dispute settlements at Court.
What contents need to be included in the Prospectus? In this article, BLawyers Vietnam presents a summary of the mandatory contents in the Prospectus in two cases.
In this update: 1) Prime Minister approves review of effectiveness of double taxation, 2) Guidance on the tax incentive conditions applicable to science and technology enterprises, 3) Increase in Social insurance contribution rates for expatriate, and 4) Increase the retained amount of Trade union funds for company’s use.
Labour outsourcing is where an employee enters a labour contract with an outsourcing company, after which such employee is assigned to work and under the management of another employer who is a labour outsourcer. Vietnamese law has regulations for prohibiting some acts against the labour outsourcer to protect rights and interests of employees.
There have been several Vietnamese regulations limiting cross-ownership of parent-subsidiary companies. This articlepresents cases where cross-ownership is not allowed and sanctions imposing the violations.
To authenticate or mark a document created by or related to themselves, organizations and individuals often must sign on that document. Vietnamese law also now stipulates that some documents are required to have a seal next to the signature. This article discusses some cases where a seal on the document is needed.
In addition to common assets division, child custody is a most concerned issue to parents when divorcing. Many people believe that children do not have the right to choose a parental custodian and that only parents have the right to decide. However, a Court might collect childrens' opinions to determine who they want to live with in divorce cases.
This FAQ format article provides an overview of outbound investment procedures, the terms and conditions for transferring capital for outbound investment, and profit remittance when carrying out outbound investment pursuant to the prevailing laws of Vietnam.
Vietnam continues to be an attractive destination for foreign investors. Both Vietnamese and foreign-invested enterprises constantly require debt capital from overseas lenders to establish and grow their businesses. In this guide, we set out an overview of the basic principles of cross-border lending into Vietnam and address some issues frequently encountered by foreign lenders and domestic borrowers.
Current Vietnamese law has separate and specific provisions for foreign loan activities. Accordingly, enterprises must comply with regulations on loan conditions, foreign debts repayment, registering loans, using foreign loan accounts, etc. This article provides procedures and notes for making foreign loans.
Vietnam has developed and promulgated an atomic energy legal system to create a legal framework for the safe and efficient development of nuclear power. This article briefly discusses the Vietnamese laws regarding nuclear energy.
To be recognized and used abroad or in Vietnam, certain documents must have Consular Certification or Consular Legalization. In this article, BLawyers explains further regarding these two procedures.
This update highlights the following: New guidance on special investment incentives, Resolution on support to businesses and people affected by COVID-10, VAT refund applications for enterprises after converting into export processing enterprises, Tax treatment of in-kind donations for COVID-19, COVID-19 related expenses.
While the term capital surplus is common in business activities, investors should understand its meaning in Vietnam. This article will introduce some information and notable issues regarding capital surplus under Vietnamese laws.
Alcohol is a commodity on the list of conditional business goods for both domestic and foreign investors. Therefore, after completing the procedures for investment and business registration, foreign investors must also apply for alcohol business licenses. This article introduces the types of licenses required.
Covers: Government’s regulations to encourage businesses during Covid-19 situation, CIT and VAT regulations and guidelines during the Covid-19 pandemic, PIT related issues on expenses paid for employees during the Covid-19 pandemic, and Other support policies.
Economic concentration is a situation where a small number of firms account for a large proportion of economic activity such as total sales, assets or employment. This article discusses forms and characteristics of economic concentration in Vietnam (competition law).
Pursuant to Article 3.2 of Law on Commercial Arbitration 2010 (“Law on Commercial Arbitration”), Arbitration Agreement is understood as an agreement between the parties on the settlement of disputes that may arise or have arisen through the arbitration method. This agreement can be made before or after a dispute occurs and shall satisfy certain conditions as prescribed by laws.
Recently, the Ministry of Transport (“MOT”) issued Circular No. 45/2019/TT-BGTVT promulgating 3 national technical regulations on batteries and engines used for electric bicycles, electric motorcycles, and mopeds. In addition to vietnamese standards regulations, manufacturing incentives, and procedures and certification also need to be factored in decision-making.
Conflicts of law occur in contracts where, with overlapping provisions, a contract can be subject to various laws whose contents are inconsistent. Contracting parties often do not pay attention to determine conflict of laws at the negotiation stage or at the conclusion of the contract. They only take the conflict of laws into account when a dispute arises.
Important Vietnamese legal terms can be looked up, with the corresponding term in the other language presented (Vietnamese <-> English). Very helpful resource for those professionals working in both languages
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