Updates
Obligations of a Vietnamese company satisfying public company requirements pending an SSC registration
- Venture North Law Firm
A Vietnamese company which satisfies public company requirements but which has not registered its public company status with the State Securities Commission (SSC) may arguably not need to comply with various obligations of a public company under Vietnamese law.
The case for a new law for offshore wind development in Vietnam
- Venture North Law Firm
To realize the potential of offshore wind development in Vietnam, the National Assembly of Vietnam will likely need to issue a new law which provides for a more comprehensive and consistent legal framework supporting an offshore wind project.
Supreme Court’s Precedent 55/2022 recognising validity of an un-notarised contract for transfer of land use right
- Venture North Law Firm
In October 2022, the Supreme Court issued Precedent 55/2022 which recognises the validity of an un-notarised contract for transfer of land use right on the basis that two thirds of the contract have been performed and accordingly the contract becomes valid in accordance with Article 129 of the Civil Code 2015.
Vietnam: Certain Questions Regarding Refinancing Of Onshore And Offshore Loans
- Venture North Law Firm
Is it permitted for an onshore loan to be refinanced by another onshore loan?
Decree 91/2022 which amends Decree 126/2020 guiding the implementation of the Law on tax administration 2019
- PwC Legal Vietnam
Decree 91/2022 took effect on the signing date, i.e. 30 October 2022. One of the notable points under Decree 91/2022 is the change of the rule for provisional corporate income tax (“CIT”) payments.
Decree 91/2022 which amends Decree 126/2020 guiding the implementation of the Law on tax administration 2019
- PwC Legal Vietnam
Decree 91/2022 took effect on the signing date, i.e. 30 October 2022. One of the notable points under Decree 91/2022 is the change of the rule for provisional corporate income tax (“CIT”) payments.
Vietnam: Promoting the foreign exchange administration in respect of taking and repaying foreign loans of enterprises
- ADK Lawyers
In this update: Promoting the foreign exchange administration in respect of taking and repaying foreign loans of enterprises.
Vietnam: Strengthening the enforcement of copyright protection for radio and television services
- ADK Lawyers
Decree 71/2022/ND-CP amends some articles of Decree 06/2016/ND-CP on the management, provision and use of radio and television services. In particular, the provisions on copyright for content on radio and television services have been supplemented.
Vietnam: End of support period for unemployment insurance contribution rate according to Resolution 116/NQ-CP
- ADK Lawyers
Previously, on 24 September 2021, the Government issued Resolution 116/NQ-CP on policies to support employers affected by the COVID-19 pandemic from the Unemployment Insurance Fund. The support period according to the Resolution has expired since 01 October 2022
Major changes to private issuance of corporate bonds in Vietnam
- Venture North Law Firm
In response to the recent Scandals of private issuance of corporate bonds, the Government has introduced several major changes to Decree 153/2020 on private issuance of corporate bonds in Vietnam.
OECD releases Vietnam’s second MAP peer review report
- PwC Tax & Advisory Vietnam
The OECD has published “Making Dispute Resolution More Effective – MAP Peer Review Report, Vietnam (Stage 2)”, detailing actions Vietnam has taken and will take to improve its mutual agreement procedure (“MAP”) to meet the requirements of Action 14 of the OECD’s Base Erosion and Profit Shifting (“BEPS”) initiative.
Is it a privilege for an employer to renew a work permit of its foreign employees in Vietnam?
- BLawyers Vietnam
Through this article, BLawyers Vietnam would like to introduce the conditions for extending WPs for foreign employees and whether this is a privilege of employers.
Can a non-contractual claim be settled by commercial arbitration in Vietnam?
- Venture North Law Firm
Vietnamese law is not clear that a non-contractual claim (i.e., a claim which is not based on a breach of contract) could be settled by commercial arbitration. However, Vietnamese courts seem to take the view that non-contractual claims cannot be settled by commercial arbitrations.
Vietnam: Guidance for using masks to prevent and control the COVID-19 pandemic in public places
- BLawyers Vietnam
The Ministry of Health issued Decision No. 2447/QD-BYT dated 06 September 2022 guiding the use of masks to prevent and control the COVID-19 pandemic in public places with the following notable contents.
Registration and management of operation of foreign non-governmental organizations in Vietnam
- BLawyers Vietnam
The Government issued Decree No. 58/2022/ND-CP dated 31 August 2022 on registration and management of operation of foreign non-governmental organizations in Vietnam with the following contents.
Can a small-size Vietnamese joint stock company operate without an inspection committee and an independent director?
- Venture North Law Firm
Article 137 of the Enterprise Law 2020 provides that a joint stock company (JSC) can decide to organise itself in accordance with the two options, as discussed herein.
Vietnam: Regulations on electronic identification and authentication
- BLawyers Vietnam
The Government issued Decree No. 59/2022/ND-CP dated 05 September 2022 providing for electronic identification and authentication with the following notable contents.
Vietnam: New regulations on measures to request removal of online information
- Apolat Legal
In this update: 1) New regulations on measures to request removal of online information with humiliating, slanderous, fabricated and untrue content, 2) Proposing additional authority to approve foreign exchange operations.
Protecting Vietnamese Crypto Organizations From Unwieldy Regulation
- Indochine Counsel
Vietnam has recently been ranked as the world’s leading adopter of cryptocurrency with more per capita adoption than either the USA or China. But what about other blockchain technologies?
How Ethereum’s Merge affects Vietnam
- Indochine Counsel
For those who follow cryptocurrency news, something big just happened. Ethereum, probably second only to Bitcoin, merged. There are two things that must be understood. First, what is the merge, and second what about the proof of work fork that has already broken away from the merged Ethereum blockchain.
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