Labour Matters and Labour Legal Compliance

 The labor management is one of the most important matters in the operation of enterprises. For the employee, he or she has to fulfill the job requirements as per labour contract, follow internal labour regulations, and work under the supervision of the employer. For employer, complying with regulations include paying salary, ensuring benefits, and other mandatory labour compliance as per labour laws and collective labour agreements signed.The following recaps the labour matters and labour legal compliance according to Vietnam labour...

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Actively Review and Cut-off Unnecessary Business Conditions

     Vietnam Prime Minister Nguyen Xuan Phuc asked the Ministries to research, actively self-review to amend or proposed modifications, cutting business conditions which are not reasonable and unnecessary.On August 22nd 2017 , under the chairmanship of Prime Minister Nguyen Xuan Phuc, the Government held a legislative session to give comments on the draft law on competition (revised); the draft law amending and supplementing some articles of the law on environmental protection tax; draft law on administrative unit and special economic...

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Hau Giang Reduces 50% Investment Licensing Time

      Hau Giang province affirmed to speed up administrative procedures reformation, reducing 50% of the time for granting investment licenses and business registration, creating favorable conditions for investors when they set up business.In which, Hau Giang province is calling for investment in 7 key projects, including industrial zone infrastructure development, hi-tech agriculture and ecotourism… with a total investment of nearly 300 million USD.According to the vice chairman of Hau Giang People’s Committee, besides...

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Regulation on Grid Connected Solar Power Investment Project

 The Ministry of Industry and Trade has recently issued Circular 16/2017/TT-BCT on project development and the model purchase contract for solar power projects.Accordingly, the grid connected solar power investment projects are regulated as follows:– The investor can only set up a solar power investment project included in the provincial and national level solar-power development plan; or provincial and national power development plan that are approved.– The contents of the solar power investment project must comply with the regulations...

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Regulation on Grid Connected Solar Power Investment Project

 The Ministry of Industry and Trade has recently issued Circular 16/2017/TT-BCT on project development and the model purchase contract for solar power projects.Accordingly, the grid connected solar power investment projects are regulated as follows:– The investor can only set up a solar power investment project included in the provincial and national level solar-power development plan; or provincial and national power development plan that are approved.– The contents of the solar power investment project must comply with the regulations...

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Non-Compete Agreement In Labour Contract

     The principle “freedom to work” is recognized and respected by the Labor Code 2012. However, this regulation may harm legitimate business interests of employers when employees, during the performance of the labour contract or especially after the termination of the labour contract, reveal the business or technology secrets to compete with the employers. Therefore it is necessary to create the limits on the freedom to work, for the purpose of preventing workers from revealing employers’ business or technology secrets. Law in...

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Conditions of foreign adoption in Vietnam

 Nowadays, foreigners from other countries wish to child adoption in Vietnam and bring them up to his/her country for custody. Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family. However, the adoption conditions are still regulated strictly and its acceptance procedures are considered and controlled stringently by competent authorities of the Government.ANT Lawyers will provide to you the regulated conditions...

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Construction Contract in Vietnam

     In Vietnam, like other countries companies seeking to build an office building or industrial facility work with the contractor through a construction contract.There are several types of construction contract used in the construction industry depending on the level of control from parties involved in terms of investment, responsibilities and duration.Fixed price is a type of construction contract that offer a total fixed priced for all construction related activities. This contract type could include incentives or benefits...

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Procedures to Apply for Temporary Residence Card in Vietnam

 For foreigners wishing to reside in Vietnam, they must belong to the subjects to be granted temporary residence card. For most of the case, the temporary residence card holder are investors whom invest to establish company in Vietnam, or employee being employed and sponsored by an organization in Vietnam.The following shall details the procedures to be implemented for applying for temporary residence card in Vietnam.I. Subjects to be Granted Temporary Residence CardIssued to members of diplomatic missions, consular offices, representative...

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Vietnam Can Issue Permanent Residence Card to Foreign Investors in Phu Quoc

     The Ministry of Planning and Investment proposed a series of preferential mechanisms for Phu Quoc special economic zone.The Ministry of Planning and Investment has just submitted to the Government a draft Law on Special Administrative Units. In this draft, the Ministry proposes a series of mechanisms to attract investment capital and foreign experts to live and work in Phu Quoc special economic zone.Specifically, according to the draft law, Phu Quoc is prioritized investment to become a center for trade, high-end services and...

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How to Prepare and File a Lawsuit in Vietnam?

 If two parties have a dispute over a commercial matter in Vietnam, they should try to resolve disputes through negotiation, or mediation before considering to file a lawsuit against the other at a court in Vietnam.To implement their right to sue, the plaintiff must prepare and submit the claim at the competent court in Vietnam. The dispute lawyers in Vietnam with experience and understanding the litigation process should be invited at the early stage to advise, represent and prepare to defend the client. The claim filing...

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Propose to Remove Nearly 2,000 Business Conditions

      The Ministry of Planning and Investment has proposed to remove nearly 2,000 business conditions from ministries and sectors that are thought to cause difficulties and obstacles for businesses.According to the report of the Ministry of Planning and Investment submitted to the Government, this agency proposed to remove 1,930 requirements and conditions on business that are considered as sublicenses hinder business for a long time. Of these, the Ministry proposed removing all or part of 302 financial conditions. In addition,...

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Issuance of Work Permit for Foreigner Online

 From October 2nd 2017, the issuance of work permits to foreign employees working in Vietnam via Internet will be applied in accordance with the guidance of Circular No. 23/2017/TT-BLDTBXH issued by the Ministry of Labor – Invalids and Social Affairs on August 15th 2017.Accordingly, the issuance and re-issuance of work permits for foreigners will be made via the electronic portal: http://dvc.vieclamvietnam.gov.vn. Employers must register their account to log into the Portal.Before at least 7 working days, from the date the foreign worker intends...

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Conditions for Business in Accounting Services of an Enterprise

     Legal Based:Law on Accounting 2015;Circular 297/2016/TT-BTC on granting, management and usage of certificates of eligible for providing accounting services.1. Form of businessa. An accounting firm may be established in the form as follows:A multi-member limited liability company;A partnership;A private enterprise.The accounting firm must not contribute capital to establishment of another accounting firm, except for contribution of capital together with a foreign accounting firm to establishment of an accounting firm in...

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What a Law Firm Could Assist in an M&A Deal?

 M&A, abbreviated by Mergers and Acquisitions is expanding in both quantity and volume in Vietnam in many sectors. Successful M&A deals depend on various factors and legal due diligence, and drafting agreements are important processes in Vietnam.For investors whom are interested in M&A deal in Vietnam as buyer or seller,it is important to hire a law firm that will assist in the process. The law firms in Vietnam could provide assessment of the target company through a legal due diligence, a legal background directly...

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How To Conduct Legal Due Diligence for M&A in Vietnam?

   Mergers and Acquisitions (M&A) has become popular in Vietnam as the country develops and more investors are eager to invest and gain control of the business enough to engage in, decide important business matters through partial or full ownership of an enterprise. A successful M&A mean the parties achieve their financial and commercial goals (increasing capital, raising management capacity, branding, etc) and ensuring safety and restraint the risk at the lowest level, though legal due diligence undertaken by law firm...

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Sales and Purchase of Ocean Ships in Vietnam

 Ship sales and purchase should involve shipping lawyers in Vietnam whom understand the laws and the shipping industry.For long, maritime activities and carriage of goods by sea are important parts of the international economic life, supporting the import and export of goods, connecting Vietnam to the world commodities market and therefore playing as driving factors behind the development of maritime transportation field.As the demands for transportation exists, although some times up and down depending on the cycle of the economy,...

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The Benefit from Protecting Invention Patent

     Invention protection shall bring advantages for the owner of invention including the usage and application within the duration of 20 years. As Law on intellectual property of Vietnam, an invention patent shall be valid from the grant date until the end of twenty (20) years after the filing date.Besides, Invention patent can bring its owner the followings:The steady position on the market: with the invention patent, the owner of the invention shall have rights to prevent others from using their invention with commercial purpose....

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Where Foreign Investors Obtain Investment License in Vietnam?

 To set up a business in Vietnam through foreign direct investment, foreign investors need to register the investment license from Vietnam Ministry of Planning and Investment (MPI).Depending on investment business lines, investment conditions, scale of the projects, where investment project is located, other Vietnam State authorities would be involved. MPI in Vietnam takes charge of developing legislation, guiding, consulting and coordinating with other State authority in regard to all investment in Vietnam. Foreign investors apply...

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Which Form of Investment - Branch or Company?

  Foreign entities can set-up company or branch offices in Vietnam to carry out business activities.There are several main different aspects between opening a branch office or establishing a foreign owned company in Vietnam.1. ConditionsPermits for establishment of Vietnam-based branches of foreign enterprise shall each have a valid term of five years.Foreign enterprise must choose between establishing a 100% foreign capital enterprise or forming a joint-venture with domestic investor or company.2. CertificateThe Branch...

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