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Limiting Legal Violations in Importing Goods

  • 11 March 2022
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  • by Stephen Le

Vietnam is a potential business market, attracting many foreign enterprises to invest in manufacturing and business. During the operation, enterprises have a great need to import machinery, equipment, raw materials, components, accessories, etc. into Vietnam to serve the process of operation, manufacturing, and business. However, enterprises often do not have expertise in customs and import of goods. When it comes to importing goods, enterprises often assign their employees to carry out necessary procedures by themselves according...

Preventing Conflicts of Interest

  • 09 March 2022
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  • by Stephen Le

Conflict of interest A “Conflict of Interest” is defined as a real or seeming incompatibility between one’s private interests and one’s public or fiduciary duties (Black’s Law Dictionary – Ninth Edition). There is no statutory definition of conflict of interest under the laws of Vietnam. Actions constituting conflicts of interest are only indirectly regulated in the form of certain prohibited activities in various legal documents such as the Law on Cadres and Civil Servants or the...

Commercial Business Management Authorities

  • 01 March 2022
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  • by Vu Nguyen

In the age of integrated growth, commercial activities play a vital part in developing Vietnam’s economy. In conjunction with economic development, the business and trade management authority aids in the establishment of work that is sustainable, transparent, and competitive. This article will give a general overview of Vietnam’s commercial business management authorities system. Ministries and Ministerial-level Authorities These authorities primarily deal with macro-level issues by releasing guidance documents and allocating management duties to lower-level authorities.  In...

Employees’ Organizations at the Enterprise-level & Grassroots Trade Unions

  • 21 February 2022
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  • by Stephen Le

In Vietnam, the ‘Trade union’ was the only organization dedicated to protecting employees’ legitimate rights and interests from the implementation of the first Labor Code in 1994 until the Labor Code of 2012 was enacted. Under the 2012 Labor Code, the term referring to trade unions was changed to “Representative organization of a grassroots-level employees’ collective”.  However, the essence of this organization remained and was defined as “the Executive committee of a grassroots trade union or...

Vietnam Dispute Resolution System

  • 11 February 2022
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  • by Vu Nguyen

Court Court procedures First-instance procedure: The first-instance procedure begins when a party files a Statement of Claim to the competent Court and is accepted for settlement by the Court. The first-instance procedure will end with a Court’s first-instance judgment or decision and can be appealed by the involved parties or protested by the Procuracy with the same level and the direct higher level (except for the Decision on recognition of the agreements by the litigants). According...

Overview of Legal Documents System in Vietnam

  • 07 February 2022
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  • by Corporate Counsels Team

Legal normative documents are documents containing legal norms, promulgated in accordance with the competence, form, order and procedures specified in the Law on Promulgation of Legal Documents.  Legal norms are general rules of conduct with commonly binding force, which are repeatedly applied to agencies, organizations and individuals nationwide or within a certain administrative unit, promulgated by the State agency or competent person defined in the Law on the Promulgation of Legal Documents, whose implementation is guaranteed...

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...

Fraudulent Appropriation of Property

  • 27 January 2022
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  • by Stephen Le

The remarkable development of information technology has significantly brought material and spiritual benefits for people. On the other hand, however, it becomes a means abused to appropriate property in a more and more complex and subtle way. What is fraudulent appropriation of property? Fraudulent appropriation of property means using deception to appropriate another person’s property. The typical feature of this crime is deception/fraud made by offenders. Elements constituting a crime of fraudulent appropriation of property Fraudulent...

Notes Regarding Judgment Enforcement Agreement

  • 26 January 2022
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  • by Stephen Le

Agreement is the civil right of citizens in civil transaction, which is recognized and protected by law. Accordingly, the 2015 Civil Code (Civil Code) stipulates the principle of respecting the discretion right of parties in civil relations. The Law on Enforcement of Civil Judgments, which was amended and supplemented in 2014 also recognized the right of parties to reach agreement during the judgment enforcement. Implemented from May 1, 2020, Decree No. 33/2020 dated March 17, 2020...

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