vietnam

Vietnam Weekly Update - 7 June 2021

Cập Nhật Hàng Tuần Việt Nam - 7 Thang 6 2021

In this week’s Legal Update: 1. Transferring a part of a real estate project, which has not been completed, for the continuance of construction investment; 2. VAT refund for investment projects in different provinces/cities; and 3. Construction permit for makeshift works.

New Online Advertising Restrictions in Vietnam

At the end of March, the Government issued a decree amending administrative penalties for organizations involved in media business activities including advertising. The decree covers things from newspapers to online advertising and includes three provisions that are of concern regarding online advertising in Vietnam.

Key issues under the model power purchase agreement (PPA) for Rooftop Solar System

In this update, we discuss some key issues under the model PPA used for rooftop solar system (RTS) under Circular 18/2020.

Comparison between a multiple member limited liability company and a joint stock company under Enterprise Law 2020

This post provides a table for comparison between a multiple member limited liability company (Multiple LLC) and a joint stock company (JSC) under the Enterprise Law 2020 in some key areas.

Can an Uber driver be regarded as an employee under Vietnamese law?

The UK court has recently considered that an Uber driver is a Worker of Uber under UK employment law. In this update, we will consider if similar conclusion could be reached under Vietnamese law using the UK court’s reasoning.

Can the secured party in a secured transaction be different from the obligee under Vietnamese law?

This update discusses Decree 21 /2021 and whether the obligee must be the secured party in a secured transaction.

Comparison between VIAC and SIAC arbitration proceeding

This update summarises the key steps in an arbitration proceeding at Vietnam International Arbitration Center (VIAC) and Singapore International Arbitration Center (SIAC).

ADK Vietnam Legal Updates for May 2021

This newsletter provides a list of significant newly issued Vietnam legal documents in May, 2021.

New guidance on customs codes for various import & export modes

On 18 May, the General Department of Customs issued Decision 1357/QD-TCHQ setting out guidance on the customs codes for importing and exporting goods. This Decision will take effect from 1 June, replacing Official Letter 2765/TCHQ-GSQL issued back in 2015.

Vietnam Weekly Update - 27 May 2021

Cập Nhật Hàng Tuần Việt Nam - 27 Thang 5 2021

In this week’s Legal Update: 1. Preliminary assessment of environmental impacts; 2. Management of construction investment projects and construction investment cost; and 3. Recognition of consulting individuals and organizations in the network of consultants. assisting small and medium-sized enterprises.

Debt Recovery in Vietnam

This update discusses P2P Lending models, debt collection, and debt collection as a prohibited business investment activity.

Draft E-commerce regulations

The Ministry of Industry and Trade has released draft amendments to Decree 52/2013 on E-commerce for public comment. With new rules being drafted to tighten up taxation of e-commerce, these proposed amendments underline the Vietnam government’s determination to regulate the e-commerce sector.

Personal Data Leaks in Vietnam

Personal data leaks, cyberattacks, Vietnam's cybersecurity law and its stalled implementing decree, and the lack of guidance on cyberattacks is discussed.

Vietnam Weekly Update - 21 May 2021

Cập Nhật Hàng Tuần Việt Nam - 21 Thang 5 2021

In this week’s Legal Update: Newly issued, amended, supplemented administrative procedures in the field of employment; Transfer profits to parent company abroad; and Several issues in the operations of credit institutions and foreign bank branches.

Vietnam Weekly Update - 14 May 2021

Cập nhật Hàng tuần Việt Nam - 14 Thang 5 2021

In this week's updates: Calculation of deductible expenses when determining CIT for leave expenses, Deductible expenses when determining income subject to CIT for foreign workers, foreign contractor tax finalization, and Paying monthly pension, social and unemployment insurance during COVID-19.

Interest Rates for P2P Lending in Vietnam

Before getting into the business of P2P lending, it is important to plan for the proper fees charges and to make sure that they are not only distinguished from interest but that the purpose of the fees is traceable to specific activities separate from the profit of the lenders.

E-Commerce business in Vietnam: Conditions for foreign investors

As defined in Decree 52/2013/ND-CP, e-commerce activity means conducting a part or the whole process of commercial activity by electronic means connected to the Internet, mobile telecommunications networks, or other open networks. E-commerce activities are classified into two categories.

Management of Social Housing in Vietnam

This Special Alert will discuss some of the inadequacies of the regulation requiring the use of 20% of the land fund of total residential land area allocated to commercial housing investment projects for social housing.

Vietnam Weekly Update - 7 May 2021

In this week's updates: 1) New administrative procedures to replace current procedures in the field of construction quality management; 2) Management of Covid-19 cases and entry into Vietnam, and 3) the declaration and payment of VAT for investment projects.

Legal issues and lack of anti-deadlock mechanisms in a recent shareholder dispute

In the recent controversial case of shareholder dispute in Vietnam, the appellate court of Ho Chi Minh City (Appellate Court) held that two following articles of a company charter conflict with each other and therefore the provisions of the Enterprise Law 2014 are applied to resolve the dispute.