Complete 1st Stage of the Information Technology Zone in Danang

 On January 6th 2020, the Prime Minister issued Decision no.27/QD-TTg on establishing the information technology zone in Danang – Stage 1, effective from January 6th 2020. Specifically, the Danang information technology (IT) zone – Stage 1 has an area of 131 hectares, located in Hoa Lien commune, Hoa Vang district, Danang city.The Ministry of Information and Communications shall assume the prime responsibility and coordinate with the ministries, branches, Danang People’s Committee and concerned units in guiding the implementation of the decision;...

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Regulations on Pay to Employees Working During Lunar New Year Holiday

 Under the provisions of Article 106.1 of the Labor Code 2012, overtime is a period of work outside normal working hours prescribed by law or according to a labor agreement or regulation. Depending on the needs and agreement of the two parties, the enterprise may request employees to work overtime during lunar new year (Tet) holiday, but must not exceed 12 hours in a day and must pay overtime as prescribed by law.According to Article 25 of Decree No. 05/2015 / ND-CP, the salary for overtime work on lunar new year holiday for employees is prescribed...

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Directive No.10/CT-TTg on Promoting Prevention and Control of Covid-19

 At the moment many countries in the world, the epidemic of severe acute respiratory syndrome coronavirus (Covid-19) continues to have many new complicated and unpredictable developments, especially in Korea, Japan, Italy, Iran and other countries. On February 25, 2020, the Prime Minister signed the Directive no.10/CT-TTg on promoting prevention and control of the Covid-19 epidemic (“Directive no.10/CT-TTg) to continue the effective implementation of Covid-19 anti-epidemic solutions.Ministries, Departments, People’s Committee of Provinces...

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Da Nang organizes the 9th urban development forum in the city of Yokohama, Japan

 On September 9th, 2019, Danang organized the 9th urban development forum of the city in Yokohama, Japan.The forum was organized in 03 days from 09-11 September 2019. In this forum, the two cities reassessed the cooperation results over the past time, namely the implementation of the Memorandum of Understanding was signed between the two cities (in April 2019). In the coming time, the cities will focus on developing public transport, building port government projects, environmental issues, high technology, information technology and city construction....

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New provisions providing guidelines for labor dispute mediators

 ANT Lawyers employment practice offers counseling service in the Vietnam labour and employment compliance and dispute matters. Our Vietnam employment lawyers often keep track with changes in the Vietnam labour code, the Vietnam employment laws to provide the clients with the best advice. The recently issued Circular 08/2013/TT-BLDTBXH is guiding the selection, appointment, re-appointment for mediators for solving labour disputes and dismissal of labour conciliators as prescribed in Decree No. 46/2013/ND-CP of the Government which details...

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The Valid Transfer Date of Member or Shareholder Rights of Buyer Arising from M&A

The specific time for transferring ownership right of asset is very important in all contracts. This time affects the lawful rights and obligations of not only seller, purchaser but also of the third party.The most-important principal of civil law is the recognition and respect of agreement between the related parties. It means that the parties may freely decide the specific time for transferring ownership rights. Nonetheless, in some special case such as M&A contract, the specific time is not under the decision of parties.In legal term of...

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Can Foreigner Authorize Other Person to Perform Transfer of Properties in Vietnam?

 In the complicated situation of the Covid-19 epidemic, the Government continued to implement policies to restrict entry to Vietnam, thus many transactions were canceled or delayed. That has caused many obstacles for foreign individuals and organizations wishing to perform transactions in Vietnam. We refer to the transfer of home ownership for foreign individuals who cannot enter Vietnam to participate in signing transfer contracts and other related transactions i.e. sell or buy an apartment or a house located in Vietnam.Pursuant to the law...

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Conditions for foreign experts to work in Vietnam

 On December 30th, 2020, Decree 152/2020/ND-CP has been issued regulating on foreigners working in Vietnam and recruiting, managing Vietnamese employees working for foreign organizations and individuals in Vietnam. Decree 152 clearly defines the forms and conditions for foreign employees to be eligible to work in Vietnam, and provides conditions for exemption from work permits in Vietnam, recruitment of foreign employees, renew and re-issue work permits.According to current regulations, foreign citizens come to work in Vietnam for the...

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Transfer of Trademark Application in Vietnam

 After filing of the application for a trademark registration, applicants might wish to transfer theirs application to others. There are lots of reasons for this but most of them derives from practical business activities and development needs of market, and society. For instance, two subjects transfer the application to each other for profit purpose; individuals want to set up an enterprise in the future and register a trademark as individuals and then transfer the application to the legal person to get early the priority date; at the moment,...

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When a Contract is Invalid Due to Non-compliance With Form?

 Generally, contracts for sale and purchase of goods and service contract shall be expressed in verbal or written form or established with specific acts. For types of contract which must be made in writing provided by law, such contract must comply with such form regulation. Particularly, contract for international purchase and sale of goods shall be conducted on the basis of written contracts or other forms of equal legal validity.There are two cases of non-compliance with form: (i) form of contract is not in accordance with the law and;...

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Da Nang and Austria cooperate to develop tourism and investment

 In July 2019, the delegation of Danang city attended the Introduction and Promotion Program in Danang in Vienna, Austria. The delegation of Danang Promotion Agency discussed the development of tourism with Graz city (Austria) of the two cities and investment into Vietnam.The representative of Vietnam emphasizes that Danang is one of the most attractive tourist destinations in Vietnam and invited Austrian travel companies to set up travel programs to bring tourists to Vietnam and promote investment through setting up company in Danang.During...

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What is the Effective Date of the Contract and the Time of Ownership Transfer?

 One of the most common disputes in contract disputes is the dispute on the effective date of the contract. In order to avoid these disputes, parties should refer to the nature of the validity of the contract as well as distinguish the difference between effective date of the contract and the time of ownership transfer.Regarding the effective date, contract shall take effect when contract meets all condition of participants in contract, condition of purpose and contents of contract and condition of form (in case there is regulation). Specifically,...

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What Impact of Force Majeure and Basic Change of Circumstances for Contractual Relations During Covid 19 Pandemic?

 Whether purpose contract has been achieved or not does not only depend on compliance with contract but also is controlled by conditions, objective circumstances. In the current pandemic situation, which regulations do participants in contract need to pay attention to?According to Vietnam laws, event shall be regarded as force majeure if it meets three conditions: (i) objective factors; (ii) not able to be foreseen; (iii) not able to be remedied by all possible necessary and admissible measures being taken. It should be noted that epidemic...

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EuroCham Members Attending Hearings at European Parliament on EVFTA in Oct 2018

 On 11th October, 2018, Mr Tuan Nguyen, the representative of ANT Lawyers law firm has participated in EuroCham Brussels Mission between 8th and 12th October, 2018 to attend hearings at European Parliament on the Free Trade Agreement (EVFTA), visited and discussed with the diplomats of European Union in head office of EEAS in Belgium, Mr. David O’Sullivan, the Chief Operating Officer of European External Action Service (EEAS) to seek understanding and support to promote the approval of EVFTA.Along with other delegates of EuroCham at this meeting,...

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ANT Lawyers Participating in Vietnam-Austria Business Forum in Vienna on October 15, 2018.

 On the afternoon of October 14th, 2018, the Vietnam Prime Minister Nguyen Xuan Phuc and his wife led Vietnamese delegation to Vienna for official visit to Republic of Austria under the invitation of Austrian Chancellor Sebastian Kurz. On October 15th, 2018, the Prime Minister Nguyen Xuan Phuc had an official meeting with the Chancellor Sebastian Kurz and participated in the Vietnam – Austria Business Forum.In Vienna, the representative of ANT Lawyers law firm, Mr. Tuan Nguyen participated the Vietnam – Austria Business Forum organized by...

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Decree 15/2015/ND-CP on Investment in the Form of Public - Private Partnerships

 With the increasing infrastructure demands, while the budget and ODA resources are limited, the call for private investment in infrastructure projects is seen as viable solution. Thus, the Government issued Decree 15/2015/ND-CP on February 14th 2015, provides for regulations on investment in the form of public-private partnerships (PPP) which will partially solve the real problems when implementing PPP projects in Vietnam.Decree 15 has some new and notably regulations as follows:1. Decree 15 provides for forms of project contracts,...

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Investment Sectors with Investment Conditions

 In general, foreign direct investment is encouraged in Vietnam because the economy growth is depending on the attraction of foreign direct investment. As member of WTO, Vietnam has opened up the economy and welcome investment in most of areas. There are non conditional investment areas and there are conditional investment areas. The conditions for investment varies from minimum capital, professional licenses of human resources, conditions of facilities, ownership ratio of local Vietnamese entities or person…When setting up a company...

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Incorporation of CPTPP Agreement Relating to Origin Rules into Vietnam Laws

 The CPTPP Agreement took effect in Vietnam as of January 14th, 2019 including 11 founding countries including Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, Singapore, New Zealand, Peru and Vietnam. On January 22nd, 2019, the Vietnam Ministry of Industry and Trade issued Circular No. 03/2019/TT-BCT (Circular 03) regulating rules of origin of goods in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) to incorporate and implement the commitments of CPTPP. These rules are important for investors whom...

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Whom is Exempted from Work Permit Since 2021?

 On December 30, 2020, the Government issued Decree No. 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese employees to work for the foreign employers in Vietnam.In which, foreign workers in Vietnam are not required to be granted work permits include:The employee is the owner or capital contributor of a limited liability company with a capital contribution of at least 3 billion VND; Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with a capital...

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