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Vietnam Facilitates Work Permit Process for Foreign Workers

  • 18 October 2021
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  • by Chad Meek

Resolution 105 Amendments Recently issued Resolution No. 105/NQ-CP (“Resolution 105”), which applies to enterprises, cooperatives, and business households, has altered the definition of “work experience” required for foreign workers, making it easier to obtain work permits.  The Resolution was ratified by the Prime Minister and issued on September 9th, 2021.  One of the purposes of Resolution 105 is to ease some of the stricter hiring requirements, instituted by Decree No 152/2020/ND-CP (“Decree 152”) which took effect...

Electronic Evidence in Commercial Contracts and Dispute Resolution

  • 05 October 2021
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  • by Stephen Le

Electronic devices are increasingly replacing ‘paper documents’ in commercial transactions in Vietnam. Email, mobile phones, and even messaging apps are increasingly being utilized by enterprises for information exchange, contract execution and implementation. Generally, the trend has been for enterprises to prioritize the use of electronic means over the exchange of ‘paper documents’ as a ‘defensive’ measure in dispute resolution. There are also certain enterprises that completely adopt electronic documentation, abandoning the use of paper records altogether....

Business and Commercial Judgment Enforcement – Challenges and Solutions

  • 04 October 2021
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  • by Stephen Le

With the astoundingly rapid development of the market economy in Vietnam, disputes in commercial transactions are inevitable. Assuming your side has a strong case, you can often expect a favorable judgment after the court or arbitrator decides the case.  Nevertheless, it is well-known that the resolution of commercial disputes often entails a significant investment in time and money for any business.  In addition, contrary to common thinking, obtaining a favorable verdict or award in a lawsuit...

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...

Remove Negative Content from the Internet

  • 20 September 2021
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  • by Stephen Le

Vietnam has entered the age of digitalization. Social media, already a force in the economy, is becoming an important phenomenon in the context of media, intellectual property, and information technology. However, while regulations have been gradually keeping up with this development, enforcement still lags behind. This has lead to an uncontrollable internet environment where copyright infringement, negative information, and defamation are becoming more commonplace. The purposes of those utilizing unethical tactics are often to attract an...

Ho Chi Minh City Extends Lockdown till September End and Pilots COVID Green Cards

  • 17 September 2021
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  • by Corporate Counsels Team

According to the latest update on September 15, 2021, the Ho Chi Minh City People’s Committee has issued Official Letter No. 3072/UBND-VX to direct pandemic prevention measures as well as implement a roadmap to return to a new normal state in the upcoming months.  Accordingly, Ho Chi Minh City extends lockdown till the end of September 30, 2021 to thoroughly control the pandemic, QR-based COVID Green Cards are to be piloted in some ‘green areas’ and...

Higher Democratic Standards in the Workplace under Labour Code 2019

  • 13 September 2021
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  • by Corporate Counsels Team

The Labour Code 2019 in Vietnam took effect on January 01, 2021.  One of the stated purposes of the new Labour Code was to meet the commitments of Vietnam concerning labour standards in recent new-generation free trade agreements, including the EU-Vietnam Free Trade Agreement and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.  As a result, the Labour Code 2019 and its implementing provisions provide higher standards of democracy compared to the Vietnamese labour regulations prior...

Enforcing a Non-compete Agreement for Employment Contracts in Vietnam

  • 13 September 2021
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  • by Stephen Le

In today’s business environment, foreign companies operating in Vietnam often include a non-competition provision or agreement in their labor contracts with their employees. However, as this type of provision is somewhat rare in Vietnam as well as being unfamiliar to Vietnamese administrative agencies and Courts, there are few persons with knowledge of the effects and implications of such a provision. Therefore, in this Insight, we would like to share with you our knowledge and experience with...

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