Articles
Oct 31 2017

The government recently issued a decree to streamline the procedures and requirements for registration of security measures, and improve information disclosure for secured assets.Decree No. 102/2017/ND-CP on registration of security measures was issued on September 1, 2017 and took effect on October 15, 2017 and replaced Decree No. 83/2010/ND-CP dated July 23, 2010.

Sep 25 2017

The Law on Technology Transfer No. 80/2006/QH11 (the “2006 LOTT”) was issued on 29 November 2006 when Vietnam was preparing for its accession to the WTO. During it’s more than 10 years of implementation, the 2006 LOTT contributed an important role in promoting innovation activities and technology transfers, applying advantages of science and technology in product manufacturing as well as frequently providing improvements in the lives of the people.

Jun 28 2017

Since its promulgation in 2006, Decree No. 89/2006/ND-CP on labelling products (“Decree 89”) is based on legal documents which so far, have been invalidated and replaced by higher level legal documents (presently, the Law on Consumer Rights Protection, dated 30 October 2010, and the Law on Products and Goods Quality, dated 21 November 2007).

May 29 2017

The retention of title (reserve of ownership right), a legal concept recognised throughout the world, has now officially become one of security measures for performance of obligations in Vietnam. Civil Code No. 91/2015/QH13 dated 24 November 2015, effective from 1 January 2017 (Civil Code 2015) outlines the regulations.

Apr 28 2017

In a previous article regarding the challenges of resolving “.vn” domain name disputes in Vietnam, we mentioned the recent increase in the number of “.vn” domain names and concomitantly the increase in the number of “.vn” domain name disputes. Although there are four solutions to resolve such disputes, none of them seems good enough to meet plaintiffs’ demands.

Mar 25 2017

On January 16, 2017, Vietnam’s government issued a decree that allows citizens to game at casinos. Decree No. 03/2017/ND-CP on casino business operations (Decree 03) took effect on March 15, 2017. As a three-year pilot scheme, Decree 03 allows Vietnamese citizens residing in Vietnam to access and game at Vietnam based casinos, as long as they are 21 or older, have a regular income of at least VND10 million (US$445) per month and receive no objections in writing from siblings, spouses and/or biological and adopted parents.

Feb 28 2017

The State Bank of Vietnam (“SBV”) recently released Circular No. 41/2016/TT-NHNN, dated 30 December 2016, effective from 1 January 2020 on minimum capital adequacy ratio (“CAR”) for banks and foreign bank branches in Vietnam (“Circular 41”). Under Circular 41, the banks and foreign bank branches in Vietnam shall maintain the minimum CAR of 8% from 2020.

Jan 29 2017

On 1 November 2016 the Vietnamese Government issued Decree No. 145/2016/ND-CP (“Decree 145”) amending and supplementing Decree No. 108/2013/ND-CP (“Decree 108”) on sanctions against administrative violations in the securities market. The issuance of Decree 145 which is effective as of 15 December 2016 is considered as a necessary step to ensure that sanctions cover new violations on the market and to ensure the deterrence as well as the prevention of violations.

Dec 28 2016

After more than 10 years of implementation the Law on Pharmacy No. 34/2005/QH11, dated 14 June 2005 (the “Law on Pharmacy 2005”), was no longer sufficient to reflect the realities of practice, and needed to be revised and supplemented in order to catch up with practices and changes in the state policy in respect of pharmaceutical business. The National Assembly passed Law on Pharmacy No. 105/2016/QH13, dated 6 April 2016 (the “Law on Pharmacy 2016”), which will supersede the Law on Pharmacy 2005 on 1 January 2017.

Nov 25 2016

Pursuant to Article 49 of the Law on Telecommunications No. 41/2009/QH12, holders of a registered national domain name “.vn” can, in theory, transfer the right to use their domain name, but, this regulation has not been able to proceed in practice due to the lack of specific mechanisms and regulations

Sep 28 2016

On 1 July 2016, the Vietnamese Government issued Decree No. 86/2016/ND-CP (“Decree 86” or “Decree”) regulating the conditions for securities investment and business. The Decree applies to many agencies and entities involved in the Vietnamese securities market including branches in Vietnam of securities business organizations and foreign organizations to own charter capital of a securities business organization in Vietnam. Besides this, Decree 86 solves the problems on implementation of Decree No. 60/2015/ND-CP by supplementing through a number of new contents related to the main problems such as ownership of foreign investors, establishment and operation of a branch in Vietnam of a foreign securities company.

Aug 25 2016

Decree No. 15/2015/ND-CP of the Government on public private partnership investment forms (the “PPP”) went into effect on 10 April 2015 (“Decree 15”), Ministries and other competent authorities of Vietnam have been promulgating legal documents guiding and/or detailing Decree 15 so as to fully establish the legal infrastructure for deploying PPP in practice.

Jun 25 2016

Food safety and hygiene is on red alert in Vietnam. According to local papers and media, food poisoning happens almost everyday, in many different locations, and the result of some investigations shows that, substantially, food poisoning is caused by using substances banned in growing animals and plants, and/or in preparing food products, or by failing to follow regulations for the preservation of food products by farmers, food manufacturers, or food services providers.

Apr 28 2016

On 31 December 2015 the State Bank of Vietnam (“SBV”) promulgated Circular No. 36/2015/TT-NHNN regulating the re-organization of credit institutions, in the form of merger, consolidation and conversion of legal forms of certain types of credit institutions, including only commercial banks and finance companies (“Circular 36”).

Mar 25 2016

On 30 December 2015 the Ministry of Construction issued Circular No. 11/2015/TT-BXD (“Circular 11”) regulating the issuance of real estate broker's practicing certificates; guiding the training on real estate brokerage and operation of real estate trading floors; and regulating the establishment and operation of real estate trading floors.

Feb 20 2016

On 9 December 2015 the State Bank of Vietnam issued Circular No. 26/2015/TT-NHNN guiding on procedures for mortgage and lifting mortgage of houses yet to be built (“Circular 26”). Apart from regulations on lifting mortgages, Circular 26 provides guidance on the mortgage of house formed in the future (“Future House”) and residential house development projects (“Project”) only at credit institutions

Dec 20 2015

This article forcus on the resolving disputes over domain names which are identical or confusingly similar to registered trademark, trade names in Vietnam. According to the current Law on Information Technology and regulations guiding the implementation thereof, such domain name disputes can be resolved in three ways: through negotiation or conciliation; arbitration; and litigation at the competent court.

Nov 25 2015

Similar to the former 2005 Law on Enterprises, the new Law on Enterprises No. 68/2014/QH13 dated 26 November 2014 ("New LOE 2014") allows the contribution of intellectual property rights (“IPRs”) to count as capital of an enterprise.

Oct 22 2015

Decree No. 78/2015/ND-CP on enterprise registration (Decree 78) has recently been issued to reinforce the spirit of “business freedom” of the 2014 Enterprise Law, providing detailed instructions and guidance on enterprise registration.

Sep 25 2015

One of the notable points of the new Law on Enterprises, dated 26 November 2014 (“Law on Enterprise 2014”), is the relaxation of restrictions on the founding shareholders’ ordinary shares during the period of three years from the initial establishment date of the joint stock company (the “Lock-up Period”).



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