vietnam

3 notes about the foreign arbitral award under the laws of Vietnam and the New York Convention 1958

Recognition and permission for enforcement of foreign arbitral awards is one of the important issues in the institution of commercial arbitration. Accordingly, for the purpose of correctly and properly recognizing and permitting to enforce the foreign arbitral award, the first issue that needs to be considered is to determine whether an award is a foreign arbitral award.

What are derivative works? Copyright for derivative works?

Currently, movies based on novels, translations of books and stories are very popular. Pursuant to Vietnamese laws, such works are considered as derivative works. So what is a derivative work? How is copyright for derivative works protected? This article will provide some information on this topic.

Vietnam: Change the formula of social insurance premium payment.

Two updates: 1) The Ministry of Labour - Invalids and Social Affairs has promulgated circulars changing the formulas for paying social insurance premiums, and 2) New regulations on registration of security interests.

Vietnam: Raw materials and supplies for production of IT products, digital content and software may be exempt from import duty

On December 31, 2022, the Ministry of Information and Communication issued Circular 25 stipulating the determination of imported raw materials, supplies and components exempt from import duty directly related to the production of information technology (IT) products, digital content and software.

Vietnam: Cases where individuals and organizations are entitled to register asset-based security

On November 30, 2022, the Government issued Decree No. 99/2022/ND-CP on security registration (hereinafter referred to as “Decree 99/2022/ND-CP”).

Vietnam: New electricity generation price for transitional wind and solar power plants – Rescue signal for renewable energy projects in Vietnam?

Vietnam: Facilitating foreign investors related to insurance business in Vietnam

On June 16, 2022, the National Assembly passed the Law on Insurance Business. The expectation is that this Law will, in addition to ensuring the implementation of Vietnam's commitments in the WTO and signed trade agreements, create favourable conditions for foreign investors in the field of insurance business.

Vietnam: The value-added tax rate imposed on the supply of goods and services returns to 10% in 2023

The National Assembly has approved the policy of reducing 2% of VAT in 2022 for goods and services currently subject to 10% VAT, except for specific goods and services including : telecommunications, financial activities, banking activities, securities, insurance, real estate, and metal and mining products, among others. This means that the VAT rate for the above goods and services is only 8%.

Vietnam: FAQ On Injunction Orders For Civil Disputes

This FAQ on Injunctions for Dispute Resolution was designed to address the current global situation, notably for economies facing distress and possible downturn in the aftermath of the Covid-19 pandemic and those impacted by political instability by the conflict in Ukraine. The first of these FAQ editions covers Lao PDR, Myanmar, Thailand and Vietnam.

Vietnam: Management of environmental risks in credit granting activities of credit institutions, and foreign bank branches

In this newsletter: 1) Management of environmental risks in credit granting activities of credit institutions, and foreign bank branches, 2) Regulations on connection, sharing, and exploitation of information between the National Population Database with the national database, specialized databases, and other information systems

Central Bank digital currency (“CBDC”): Advantages and challenges for policy development in Vietnam

Central Bank digital currency (“CBDC”): Advantages and challenges for policy development in Vietnam Increases in the price of Bitcoin has led to the emergence of many cryptocurrencies, however, most current digital currencies are not official, they are published by civil organizations, not guaranteed by governments.

IFRS Alert: Updates on IAS 16 - Property, Plant and Equipment

The amendment to IAS 16 could have a significant impact on entities that construct material items of PP&E. Industries that are expected to be significantly impacted are mining and industrial product manufacturers. The amendment is effective for annual reporting periods beginning on or after 1 January 2022.

Three practical notes on the procedure of obtaining Work permits in Vietnam after Covid-19 period

Since the beginning of 2020 until now, Vietnam has been affected greatly by the Covid-19 epidemic. When the epidemic was out of control, the entry of foreign investors, experts, and workers was strictly checked and could only be allowed in a few highly necessary cases. Currently, Vietnam has controlled the epidemic and removed restrictions on foreign workers. However, the procedure for applying for Work Permits (“WP”) for foreign workers still has some notable problems. Accordingly, BLawyers Vietnam will update some practical notes on this topic.

Vietnam: Amending and supplementing new provisions of the Intellectual Property Law 2005

In this update: 1) Amending and supplementing new provisions of the Intellectual Property Law 2005 and 2) New regulations on insurance business

Vietnam: Customs and Global Trade Updates | December 2022

In this update: 1) Decision 2400 on Anti-dumping measures to certain plastic products, 2) Notice 257 allowing Certificate of Origin (C/O) to be printed on A4 paper, 3) Most-Favoured-Nation import duty rate proposed to be applied on certain imported automotive parts, and other items.

ASEAN Mobility Spotlight | October 2022

In this edition of the ASEAN Mobility Spotlight, we address the topic of employers’ responsibility in ASEAN jurisdictions on complying with tax withholding or annual tax filing obligations of employees’ remuneration.

Vietnam: The Ministry of industry and trade is drafting a new Decree on rice export business

Việt Nam: Bộ Công Thương dự thảo Nghị định mới về kinh doanh xuất khẩu gạo.

Although the implementation process of Decree 107/2018/ND-CP has promoted its effectiveness and contributed to completing the legal framework on rice export control, some points still need to be changed to match reality. For example, regulations on export entrustment and checking conditions.

The draft Law on Telecommunications (amended) will add new regulations on the business of Data Centers and cloud computing

Dự thảo Luật Viễn thông (sửa đổi) bổ sung quy định về kinh doanh Trung tâm dữ liệu và điện toán đám mây.

The Law on Telecommunications was promulgated in 2009 and has numerous inadequacies. Therefore, the Law on Telecommunications (amended) is expected to be discussed at the National Assembly session in May 2023 and submitted to the National Assembly for approval in October 2023.

Notable Changes in Foreign Loan Borrowing and Repayment Regulations

On 30 September 2022 the State Bank of Vietnam issued Circular 12/2022/TT-NHNN guiding the management of foreign exchange in respect of the borrowing and repayment of foreign loans by enterprises which replaced Circular 03/2016/TT-NHNN from 15 November 2022 (as amended).

The Crime of Fraud And Misuse of Bond Issuance Proceeds in Vietnam

Article 174 of the Penal Code 2015 imposes criminal liability to an individual who appropriates others’ properties by fraudulent means. To prove that an individual commits a crime of fraud, the authorities would need to produce substantial evidence to support their cases. This update discusses a recent case.