Business Law

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Decoding Crime In Vietnam: Key Legal Insights

  • 12 December 2024
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  • by Stephen Le

Curious about the pillars of Vietnam’s criminal justice system? In this guide, Lê Hoàng Chương (Stephen) unpacks the defining elements of the Penal Code, from the concept of crime to the burden of proof. Explore how statutes of limitations, presumption of innocence, and core principles are shaping a fair and globally aligned legal framework.

Law on Anti-bribery & Anti-corruption

  • 28 January 2022
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  • by Hannah Huynh

Bribery What is bribery? Bribery usually refers to a situation where a person or organization gives benefits to a person holding State power to influence that person (e.g. making that person abuse the State power to bring benefits for the bribe giver).  Under the law, both the act of giving bribe and receiving bribe are prohibited. Bribery, sometimes, can be very straightforward, e.g. Company A gives money to State officer B so that officer B can...

Lawyer Ethics & Professionalism in Vietnam

  • 02 December 2021
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  • by Stephen Le

A Lawyer is a professional whose services are valued, not only for their competence and capacity, but also in regard to their trust and prestige.  Therefore, in addition to proficiency in the law, Lawyers must obey ethical standards while protecting the legitimate rights and interests of their clients in order to deserve the confidence and esteem of society.  This is the reason that most countries in the world have a separate system of rules governing the...

Ho Chi Minh City Eases Social Distancing in “New Normal” Starting From September 30, 2021

  • 04 October 2021
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  • by Corporate Counsels Team

On September 30, 2021, the People’s Committee of Ho Chi Minh City announced plans to recover and develop the economy after a long period of paralysis due to the consequences of the Covid-19 pandemic. Accordingly, Directive No. 18/CT-UBND (the Directive) was issued at the same date to gradually lift social distancing corresponding to the circumstances relating to Covid-19 and the safety assessment results of the Ministry of Health. The Directive has been applied from 6pm September...

Covid-19 Update: Operation Criteria for Businesses in the New-normal Period

  • 22 September 2021
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  • by Corporate Counsels Team

On September 15, 2021, the Head of Ho Chi Minh City’s Steering Committee for Covid-19 Prevention and Control issued Decision 3328/QD-BCD (Decision) on the Set of Criteria for the prevention and control of Covid-19 at the workplace in Ho Chi Minh city (Set of Criteria). This Set of Criteria sets out standards and conditions for businesses to self-assess and implement to reopen after a long period of the Covid-19 shutdown. Groups of businesses subject to this...

Ho Chi Minh City Plans for the ‘New Normal’ after September 15, 2021

  • 12 September 2021
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  • by Corporate Counsels Team

Up to October 9, 2021, Vietnam has approved the Hayat-Vax vaccine for emergency use, besides AstraZeneca, Sputnik V (Gam-Covid-Vac), Vero Cell (Sinopharm), Pfizer/BioNTech (Comirnaty), Moderna (Spikevax), and Janssen. At the moment, the Government is still facilitating the vaccination campaigns for people to get the first Covid-19 vaccine shot and continue the second shot in time. With the severe impact of the fourth Covid-19 wave, the People’s Committee of Ho Chi Minh City applied the lockdown regulation...

Financial Requirements for Real Estate Business in Vietnam

  • 18 August 2021
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  • by Corporate Counsels Team

In Vietnam, all land is collectively owned and is the property of all the people of Vietnam. Therefore, no individual or organization in Vietnam is permitted to ‘own’ land and there exists only ‘land use rights’ with respect to real property.  Nevertheless, despite the fact that real estate is a highly regulated sector, the Vietnamese real property market has been an attractive and vigorous sector for investment in recent years. This executive brief aims to provide...

Allowable Methods of Employment Termination

  • 17 August 2021
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  • by Trang Le

Vietnamese labor legislation is generally considered to be ‘pro-employee’. As such, it is imperative that companies prepare and devise a termination plan in compliance with the laws to avoid any potential disputes at Court. This plan should be prepared and standardized prior to the termination of the employment relationship. This executive brief is to provide corporate leaders with an overview of the acceptable methods of employment termination to assist in finding optimal solutions that match the...

Ho Chi Minh City to Extend Lockdown for further One Month, till September 15, 2021

  • 16 August 2021
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  • by Corporate Counsels Team

With the severe impact of the fourth Covid-19 wave, on August 15, 2021, the People’s Committee of Ho Chi Minh City issued Official Letter No. 2718/UBND-VX to extend the lockdown period till the end of September 15, 2021. Consequently, Ho Chi Minh City will continue the social distancing regulations in accordance with Directive 16/CT-TTg of the Prime Minister. Notable regulations applied for this one-month period are provided as follows. Specific schedule for people’s movements during the...

MPI’s Proposal to Support Business During the Pandemic

  • 15 August 2021
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  • by Corporate Counsels Team

On August 7, 2021, the Ministry of Planning and Investment (MPI) gathered and developed report No. 5192/BC-BKHDT to address the growth situations of business in 2020 and the first half of 2021. Accordingly, the MPI has proposed the Prime Minister consider, assign relevant authorities to do research and implement short- and long-term solutions. The short-term solutions need to be implemented immediately for Covid-19 prevention and control urgency as well as business support. The long-term solutions aim...

Establish a Company in Vietnam – Charter Capital and Investment Capital

  • 01 August 2021
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  • by Corporate Counsels Team

The foreign investor who wishes to establish a direct presence in Vietnam, and does not desire to purchase an existing business, can set up a new company in Vietnam (VietCo), whether as a wholly owned company or as a joint venture with foreign or Vietnamese partners.  There are two types of capital that the foreign investor will need to consider and decide upon in order to establish a VietCo: 1) the charter capital of the VietCo...

Personal Data Protection Regulation Currently in the Pipeline

  • 20 July 2021
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  • by Corporate Counsels Team

The ability to collect and access information domestically and across borders is essential for businesses of all sizes, industries, and geographic location.  By the end of this year (2021), such data processing activities may be subject to requirements for personal data protection in Vietnam.  In the process of being approved is the Draft Decree on Personal Data Protection (Draft Decree), which will likely have a significant impact on personal data protection practices in Vietnam.  The provisions...