vietnam

Can an Uber driver be regarded as an employee under Vietnamese law?

The UK court has recently considered that an Uber driver is a Worker of Uber under UK employment law. In this update, we will consider if similar conclusion could be reached under Vietnamese law using the UK court’s reasoning.

Can the secured party in a secured transaction be different from the obligee under Vietnamese law?

This update discusses Decree 21 /2021 and whether the obligee must be the secured party in a secured transaction.

Comparison between VIAC and SIAC arbitration proceeding

This update summarises the key steps in an arbitration proceeding at Vietnam International Arbitration Center (VIAC) and Singapore International Arbitration Center (SIAC).

ADK Vietnam Legal Updates for May 2021

This newsletter provides a list of significant newly issued Vietnam legal documents in May, 2021.

New guidance on customs codes for various import & export modes

On 18 May, the General Department of Customs issued Decision 1357/QD-TCHQ setting out guidance on the customs codes for importing and exporting goods. This Decision will take effect from 1 June, replacing Official Letter 2765/TCHQ-GSQL issued back in 2015.

Vietnam Weekly Update - 27 May 2021

Cập Nhật Hàng Tuần Việt Nam - 27 Thang 5 2021

In this week’s Legal Update: 1. Preliminary assessment of environmental impacts; 2. Management of construction investment projects and construction investment cost; and 3. Recognition of consulting individuals and organizations in the network of consultants. assisting small and medium-sized enterprises.

Debt Recovery in Vietnam

This update discusses P2P Lending models, debt collection, and debt collection as a prohibited business investment activity.

Draft E-commerce regulations

The Ministry of Industry and Trade has released draft amendments to Decree 52/2013 on E-commerce for public comment. With new rules being drafted to tighten up taxation of e-commerce, these proposed amendments underline the Vietnam government’s determination to regulate the e-commerce sector.

Personal Data Leaks in Vietnam

Personal data leaks, cyberattacks, Vietnam's cybersecurity law and its stalled implementing decree, and the lack of guidance on cyberattacks is discussed.

Vietnam Weekly Update - 21 May 2021

Cập Nhật Hàng Tuần Việt Nam - 21 Thang 5 2021

In this week’s Legal Update: Newly issued, amended, supplemented administrative procedures in the field of employment; Transfer profits to parent company abroad; and Several issues in the operations of credit institutions and foreign bank branches.

Vietnam Weekly Update - 14 May 2021

Cập nhật Hàng tuần Việt Nam - 14 Thang 5 2021

In this week's updates: Calculation of deductible expenses when determining CIT for leave expenses, Deductible expenses when determining income subject to CIT for foreign workers, foreign contractor tax finalization, and Paying monthly pension, social and unemployment insurance during COVID-19.

Interest Rates for P2P Lending in Vietnam

Before getting into the business of P2P lending, it is important to plan for the proper fees charges and to make sure that they are not only distinguished from interest but that the purpose of the fees is traceable to specific activities separate from the profit of the lenders.

E-Commerce business in Vietnam: Conditions for foreign investors

As defined in Decree 52/2013/ND-CP, e-commerce activity means conducting a part or the whole process of commercial activity by electronic means connected to the Internet, mobile telecommunications networks, or other open networks. E-commerce activities are classified into two categories.

Management of Social Housing in Vietnam

This Special Alert will discuss some of the inadequacies of the regulation requiring the use of 20% of the land fund of total residential land area allocated to commercial housing investment projects for social housing.

Vietnam Weekly Update - 7 May 2021

In this week's updates: 1) New administrative procedures to replace current procedures in the field of construction quality management; 2) Management of Covid-19 cases and entry into Vietnam, and 3) the declaration and payment of VAT for investment projects.

Legal issues and lack of anti-deadlock mechanisms in a recent shareholder dispute

In the recent controversial case of shareholder dispute in Vietnam, the appellate court of Ho Chi Minh City (Appellate Court) held that two following articles of a company charter conflict with each other and therefore the provisions of the Enterprise Law 2014 are applied to resolve the dispute.

Decree now finalised on extension of deadlines for tax and land rental payments in 2021

Similar to last year, on 19 April, the Government released Decree 52 regarding the extension of deadlines for payment of taxes and land rental fee applicable for the 2021 tax year. The Decree took effect from the signing date.

Vietnamese E-Commerce Industry To Be Subject To Stricter Regulations By The Government

Recognizing the need to improve the regulation of e-commerce in current Decree 52/2013/ND-CP, the MOIT recently issued the second draft of a decree amending Decree 52 (“Second Draft”). This update covers some of the main note-worthy points in the draft decree.

Cryptocurrency Trading Risks In Vietnam

This article provides an overview of the treatment of cryptocurrency trading under Vietnamese laws, risks investors should be aware of and legal developments to look out for in this space.

Mobile Money Pilot Program in Vietnam

On 3 March 2021, the Prime Minister of Vietnam issued a decision that authorized a pilot program for the use of mobile money in Vietnam. This is a major step forward in the use of non-physical currency in the country and marks a potential change in the direction of the government’s policies towards digital currencies.