vietnam

Offshore Wind Development in Vietnam – Legal Issues Relating to the Use of Sea Area

Phát Triển Điện Gió Ngoài Khơi ở Việt Nam - Các Vấn Đề Pháp Lý liên quan đến việc Sử Dụng Khu Vực Biển

Vietnam appears to have Great Potential to develop offshore wind, however, except for regulations on offshore oil and gas development under the Petroleum Law, Vietnam does not have adequate regulations to develop a large offshore infrastructure project such as offshore wind farms.

Notes for entering labor contracts with elderly employees

Despite reaching retirement age, many elderly employees still wish to continue working to earn income or because they are passionate about devoting themselves to society. How can enterprises sign the labour contracts with those elderly employees? This article discusses this issue.

The Problems Of Joint Venture Under Vietnam Competition Law

Các Vấn Đề Của Liên Doanh Theo Luật Cạnh Tranh Việt Nam

The Competition Law 2018 requires a JV satisfying certain notification thresholds to be notified to the competition authority for review. However, the application of the JV concept under the Competition Law 2018 is problematic, as this articles discusses.

The Institutional Representative of the State in a Vietnamese State-owned Enterprise (SOE)

Cơ Quan Đại Diện Chủ Sở Hữu tại Doanh Nghiệp Nhà Nước Việt Nam (DNNN)

Decree 47/2021 implementing the Enterprise Law 2020 and Decree 10/2019 implementing the Law on Management State Capital 2014 provide helpful clarification on the entities which can act as the owner representative agency of the State in a SOE, as explained here.

Vietnam Weekly Update - 3 January 2022

Cập Nhật Hàng Tuần Việt Nam - 3 Thang 01 2022

In this Legal Update: 1) Medical guidelines for COVID-19 prevention and control for people who are allowed to enter Vietnam to work for less than 14 days (short-term work); 2) Social insurance premiums for foreign workers and voluntary social insurance ; and 3) CIT policy for new investment projects.

Vietnam Weekly Update - 28 December 2021

Cập Nhật Hàng Tuần Việt Nam - 28 Thang 12 2021

In this legal update: 1. The labeling of goods, 2. Expenses for making temporary residence cards and visas for foreign employees, 3. Regulations on working time and rest time for employees; and 4. Guidance on tax policy on tuition fees for children of foreign employees working in Vietnam.

Personal Income Tax (“Pit”) And Corporate Income Tax (“Cit”) Treatment For Certain Kinds Of Covid-19 Related Expenses

The General Department of Taxation issued Official Letter No. 4110 on the tax treatment related to Covid-19 expenses, listing out a number of expense items that shall not be taken into account for PIT calculation of the employees whilst being deductible for Corporate Income Tax if supported by legitimate documents,

Vietnam: New regulations on using the official development assistance (ODA) and concessional loans

In this legal update: 1) Some adjustments in subjects, pension benefits, social insurance and monthly allowances, 2) New regulations on using the official development assistance (ODA) and concessional loans from foreign donors.

Draft Decree on Cybersecurity Sanctions

This post will examine the Draft Decree on Penalties for Administrative Violations in Cybersecurity issued for public opinion on 20 September 2021.

Vietnam Weekly Update - 21 December 2021

Cập Nhật Hàng Tuần Việt Nam - 21 Thang 12 2021

In this week’s legal update: 1) Detailed regulations on several articles and measures to implement the Law on Vietnamese Guest Worker; 2) Guidance on tax assessment and overdue tax handling; and 3) Guidance on job protection of whistleblowers who work under labor contracts.

EY Vietnam Tax Alert - Transfer Pricing Inspection and Examination

In this tax alert 1) Recent transfer pricing (TP) audit trends, 2) General tax inspection and examination procedures, 2) Frequently requested information and documents, typical challenges during a TP audit, and 3) Our experience in TP audits and recommendations for TP risk management.

Vietnam Updates From ADK - Vol. 30: New Law on Environmental Protection

Bản Tin Pháp Luật Từ ADK - Số 30: Luật Bảo vệ môi trường mới

In this update: 1) The Minister of Health issuing the "Vaccine Passport" Form and Procedure, 2) The Minister of Finance amending the list of periodical reporting regimes in terms of insurance business under the management of the Ministry of Finance, and 3) The new Law on Environmental Protection will allow facilities collecting and transporting domestic solid waste to refuse to collect and transport households and individuals’ domestic solid waste that is not classified or contained in inappropriate packages.

Vietnam: Regulations on activities of sending Vietnamese employees to work abroad under contracts

In this legal update: 1) Regulations on activities of sending Vietnamese employees to work abroad under contracts, 2) Regulations on stating the origin of goods on goods labels in Decree 111/2021/ND-CP.

Vietnam: Customs Alert No. 06/2021 - Updated regulations on administrative penalties for customs violations

On the 16th of November, 2021, the Government issued Decree 102/2021/ND-CP amending and supplementing a number of articles in Decrees on administrative penalties in the fields of tax and invoicing; customs; insurance and lottery business; and others.

Vietnam: Customs Alert No. 07/2021 - New official guidance from the General Department of Customs on customs valuation consultation

On 12 November 2021, the General Department of Customs (GDC) issued Official Letter No. 5371/TCHQ-TXNK (OL 5371) to provide city and provincial customs departments with guidance on the customs valuation consultation (CVC).

Vietnam: Notable News Regarding Ecommerce Platforms and Tax

In this legal update: 1. E-commerce platforms are only obligated to declare and submit tax on behalf of individuals when authorized, 2. Extending the deadline for submitting excise tax for automobiles manufactured or assembled domestically.

Return of Debt Purchase Price To A Foreign Debt Purchaser

Hoàn Trả Giá Mua Nợ Cho Bên Mua Nợ Nước Ngoài

This post discusses the situation where the foreign Debt Purchaser advances the Debt Purchase Price to the Seller and will receive the Receivables from the Buyer when due and whether the advanced Debt Purchase Price is considered as a foreign loan.

Transfer of capital contribution in private universities that have not been restructured

Chuyển nhượng vốn góp trong các trường đại học tư thục chưa chuyển đổi

The Law on amending the Law on Higher Education dated 19 November 2018 provides for various new points compared to the Law on Higher Education dated 18 June 2012 (Higher Education Law 2012). One of important new points is the change in the organizational structure of private universities.

New regulations on public offering of shares under in Vietnam

Quy định mới về chào bán cổ phiếu ra công chúng tại Việt Nam

The new rules on public offering of securities in Vietnam under the Securities Law 2019 and Decree 155/2020 contain several changes to the previous rules under the Securities Law 2006 and Decree 58/2012. Here are some notable new changes.

Are computer files property under Vietnamese law?

Tệp máy tính có phải là tài sản theo pháp luật Việt Nam không?

Computer Files are the foundation of the digital economy which in turn is the foundation of a modern economy. There are strong arguments to consider computer files being property and qualified as “things” (vật). However, in practice, it is not clear if the courts and other Government authorities will accept such arguments.