Updates
A resale fixed price agreement between a supplier and its distributors considered an anti-competitive agreement prohibited by law
- Apolat Legal
Certain agreements between suppliers and distributors regarding pricing may negatively impact market prices and consumer rights, potentially violating competition laws. This article will analyse the provision of law related to the prohibited agreement on resale fixed price between suppliers and distributors, as well as the respective penalties.
Vietnam: More Favourable Conditions for Foreign Investors in the Vietnamese Stock Exchange – Opening and Using Vietnam Dong Accounts
- DFDL Vietnam
The State Bank of Vietnam (SBV) has recently released a draft Circular outlining proposed regulations for the opening and use of Vietnam Dong bank accounts by foreign investors engaging in indirect investment activities (“Draft Circular”). This initiative aims to streamline and standardize the management of foreign indirect investment in Vietnam.
Vietnam: New regulations on bank guarantees for off-plan housing, Circular 49/2024/TT-NHNN
- Global Vietnam Lawyers
This newsletter provides an update on bank guarantees for off-plan housing; information disclosure regime of bond-issuing enterprises; and Voluntary occupational accident insurance regime for employees working without a labour contract.
Vietnam: Draft Law On Personal Data Protection – Key Updates Compared To Decree No. 13/2023/ND-CP
- LNT & Partners
Te Government has recently introduced the Draft Law on Personal Data Protection, aiming to establish a comprehensive legal framework to address the limitations of Decree No. 13/2023/ND-CP, effective as of 1 July 2023, and respond to practical requirements for personal data management.
From 01/08/2024, many new policies to ensure low-income individuals access to social housedi officially take effect
- Apolat Legal
Due to the importance of this social housing policy, the Housing Law 2023 (effective from August 1st, 2024) has been supplemented with many new policies to ensure the rights of people entitled to this policy.
Social insurance obligations during the probation period stipulated in an employment agreements
- Apolat Legal
Pursuant to the applicable Labor Code, the Employers and the Employees can agree on the terms of the probation period in the employment agreement or through a separate probationary contract. This article discusses probation period regulation.
Why are some industrial designs terminated even after being granted protection
- Apolat Legal
In Vietnam, the process of registering an industrial design is not overly complex; however, there are cases where industrial design protection may be terminated after being granted due to failure to meet certain conditions. In this article, Apolat Legal will introduce the conditions for protecting industrial designs and provide information on cases where industrial designs have been terminated in practice.
Chinese investors production activities of beds, cabinets, tables and chairs in Vietnam
- Apolat Legal
In order for Chinese Investors to invest in the production of beds, wardrobes, tables, and chairs in Vietnam, Investors need to pay attention to, specifically, to the two main issues set out in this article: Production and business location and investment capital level.
Application for sub-licenses for chemical trading activities (Part 1)
- Apolat Legal
Pursuant to Clause 2, Article 3 of Decree No. 113/2017/ND-CP stipulating chemical trade includes sale, export and import of chemicals to provide chemicals on the market for profitable purposes. Therefore, enterprises engaged in trading, exporting and importing chemicals need to pay attention to the issues set out in this article.
Thailand: New Draft Amendment of Anti-Money Laundering Act B.E. 2542 (1999)
- DFDL Thailand
This new draft amendment of AMLA introduces significant changes, broadening the scope of “predicate offenses” and enhancing the legal framework for anti-money laundering and counter-financing of terrorism, reflecting Thailand’s ongoing efforts to strengthen its legal framework against money laundering and related financial crimes, in line with international standards set by FATF.
Key Highlights of Vietnam’s New Decree No. 135/2024 on On-Site Self-Consumption Rooftop Solar Power
- Dentons Luat Viet
The Government has officially issued Decree No. 135/2024/ND-CP dated 22 October 2024, providing mechanisms and policies to encourage the development of on-site self-consumption rooftop solar power. The Decree comes into effect on 22 October 2024.
Thailand: Draft Climate Change Act
- DFDL Thailand
The draft Climate Change Act (“Draft Act“), proposed by the Department of Climate Change and Environment (“DCCA“) under the Ministry of Natural Resources and Environment, is currently in the legislative process. The Draft Act introduces 3 primary issues including carbon tax system, carbon credit business, greenhouse gas emissions trading system.
Vietnam: Abolishment of notification obligations concerning promotional activities under certain forms
- Dentons Luat Viet
On October 10th, 2024, the Government issued Decree No. 128/2024/ND-CP for amending, supplementing several provisions of Decree No. 81/2018/ND-CP dated May 22nd, 2018 that provided detailed guidelines on the Commercial Law regarding commercial promotional activities.
Thailand: First Administrative Fine for PDPA Violation
- DFDL Thailand
The Office of the Personal Data Protection Committee has issued an order on 31 July 2024 requiring a private e-commerce company to strictly comply with the Personal Data Protection Act B.E. 2562 (2019) (PDPA) and order the first administrative fine for the amount up to 7 million Baht for non-compliance with the PDPA.
Thailand: Significant Fine on Soil Pollution
- DFDL Thailand
An investigation has been conducted by the Pollution Control Department against a Company which revealed that surface water around the company’s facility has high levels of acidity and lead contamination, with the quality of underground water in 12 locations was below standard and a watercourse in a nearby rubber plantation was found to contain a high level of acidity. As a result, the PCD filed a lawsuit against the company to pay a fine based on the following offences under Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992) (“ECA”):
Vietnam: Decree 135, Encouraging the Development of Self-produced and Self-consumed Rooftop Solar Power
- Global Vietnam Lawyers
On October 22, 2024, the Government issued Decree 135/2024/ND-CP regulating the mechanism and policies to encourage the development of self-produced and self-consumed rooftop solar power.
Cambodia: New Transfer Pricing Prakas Explained
- DFDL Cambodia
Prakas 574 “On the Rules and Procedures for Income and Expense Allocation among Related Parties” (Transfer Pricing) was issued by the Ministry of Economy and Finance on the 19 September 2024 and comes into effect on 1 January 2025.
Cambodia: Real Estate Tax Incentives Clarified and Extended
- DFDL Cambodia
Notification 014 MEF.N on the continuance and extension of tax incentives for the real estate sector was issued by the Cambodian Ministry of Economy and Finance on the 9th of October 2024.
Myanmar: New Patent Service Fees in Myanmar
- DFDL Myanmar
On 29 July 2024, the Ministry of Commerce released a detailed notification that included a comprehensive list of patent and utility model application forms. Following this, on 22 October 2024, the Intellectual Property Agency under the MOC issued Notification No. 2/2024, which outlines the service fees associated with patent and utility model registration as well as patent agent registration.
Vietnam: New proposals to amend Customs regulations
- PwC Legal Vietnam
On 24 October, the General Department of Customs issued official letter 5162/TCHQ-GSQL setting out various proposed changes to the Vietnam Customs regime. The draft circular is open for feedback until 8 November.
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